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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Branch Officer
Appointment Act of 2005''.
SEC. 2. ARCHITECT OF THE CAPITOL.
(a) Appointment and Term of Service.--
(1) Appointment.--The Architect of the Capitol shall be
appointed jointly by the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and Senate.
(2) Term of service.--The Architect of the Capitol shall be
appointed for a term of 10 years, and may be reappointed for
additional terms.
(3) Conforming amendment.--Section 319 of the Legislative
Branch Appropriations Act, 1990 (2 U.S.C. 1801) is repealed.
(4) Effective date.--This subsection shall apply with
respect to appointments made on or after the date of the
enactment of this Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 1(1) of Public Law 96-146 (2 U.S.C.
1802) is amended to read as follows:
``(1) the compensation of the Architect of the Capitol
shall be at an annual rate which is equal to the higher of the
annual salary for the Sergeant at Arms of the House of
Representatives or the annual salary for the Sergeant at Arms
of the Senate, and the total amount of compensation paid to the
Architect of the Capitol in any year, including salary and any
other payments (but excluding the value of any retirement,
health, or other benefits), may not exceed the annual rate of
pay for a Member of Congress for the year, and''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act.
SEC. 3. COMPTROLLER GENERAL.
(a) Appointment and Term of Service.--
(1) Appointment.--Section 703(a) of title 31, United States
Code, is amended to read as follows:
``(a) The Comptroller General shall be appointed jointly by the
Speaker of the House of Representatives, the Majority Leader of the
Senate, and the Minority Leaders of the House of Representatives and
Senate.''.
(2) Term of service.--Section 703(b) of such title is
amended by striking ``15 years'' and inserting ``10 years''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to appointments made, and to
individuals first appointed, on or after the date of the
enactment of this Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 703(f) of such title is amended--
(A) by striking ``(f) The annual rate'' and
inserting ``(f)(1) The annual rate'';
(B) by striking ``(1)'' and ``(2)'' and inserting
``(A)'' and ``(B)''; and
(C) by adding at the end the following new
paragraph:
``(2) Notwithstanding any other provision of law, the total
amount of compensation paid to the Comptroller General in any
year, including salary and any other payments (but excluding
the value of any retirement, health, or other benefits), may
not exceed the annual rate of pay for a Member of Congress for
the year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act.
(c) Equalization of Retirement Annuity.--
(1) In general.--Section 772 of title 31, United States
Code, is repealed.
(2) Conforming amendments.--Title 31, United States Code,
is amended as follows:
(A) In section 735(a), by striking ``772, 775(a)
and (d)'' and inserting ``or 775(b)''.
(B) In the second sentence of section 773(a), by
striking ``or if an election is made'' and all that
follows and inserting a period.
(C) In section 774(b)(2), by striking ``or while
receiving an annuity under section 772 of this title''.
(D) In section 775--
(i) by striking subsections (a) and (b) and
redesignating subsections (c) through (f) as
subsections (a) through (d);
(ii) in subsection (a) (as so
redesignated)--
(I) by striking ``sections 772 and
773'' and inserting ``section 773'',
and
(II) by striking ``subsection (d)''
and inserting ``subsection (b)'';
(iii) in subsection (c) (as so
redesignated), by striking ``subsection (c) or
(d)'' and inserting ``subsection (a) or (b)'';
and
(iv) in subsection (d) (as so
redesignated)--
(I) by striking ``sections 772 and
773'' and inserting ``section 773'',
and
(II) by striking ``subsection (d)''
and inserting ``subsection (b)''.
(E) In section 776(d)(1), by striking ``section
775(d)'' and inserting ``section 775(b)''.
(F) In section 777(b), by striking the first
sentence.
(3) Clerical amendment.--The table of sections for
subchapter V of chapter 7 of subtitle I of title 31, United
States Code, is amended by striking the item relating to
section 772.
SEC. 4. LIBRARIAN OF CONGRESS.
(a) Appointment and Term of Service.--
(1) Appointment; rules and regulations.--The Librarian of
Congress shall be appointed jointly by the Speaker of the House
of Representatives, the Majority Leader of the Senate, and the
Minority Leaders of the House of Representatives and Senate.
The Librarian shall make rules and regulations for the
government of the Library of Congress.
(2) Term of service.--The Librarian of Congress shall be
appointed for a term of 10 years, and may be reappointed for
additional terms.
(3) Conforming amendment.--The first paragraph under the
heading ``Library of Congress'' in the first section of the Act
entitled ``An Act making appropriations for the legislative,
executive, and judicial expenses of the Government for fiscal
year ending June thirtieth, eighteen hundred and ninety-eight,
and for other purposes'', approved February 19, 1897 (29 Stat.
546; 2 U.S.C. 136), is repealed.
(4) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to
appointments made on or after the date of the enactment of this
Act.
(b) Limit on Total Annual Amount of Compensation.--
(1) Limit.--Section 904 of the Supplemental Appropriations
Act, 1983 (2 U.S.C. 136a-2) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) the total amount of compensation paid to the
Librarian of Congress in any year, including salary and any
other payments (but excluding the value of any retirement,
health, or other benefits), may not exceed the annual rate of
pay for a Member of Congress for the year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to compensation paid for any period
beginning on or after the date of the enactment of this Act. | Legislative Branch Officer Appointment Act of 2005 - Establishes a uniform appointment process and term of service for the Architect of the Capitol (AOC), the Comptroller General, and the Librarian of Congress. Prohibits the annual compensation paid to such officers from exceeding the annual salary of a Member of Congress.
Reduces the term of service of the Comptroller General from 15 to 10 years.
Repeals federal law regarding the Comptroller General's retirement annuity. | {"src": "billsum_train", "title": "To establish a uniform appointment process and term of service for the Architect of the Capitol, the Comptroller General, and the Librarian of Congress, to prohibit the annual amount of payment of compensation to such officers to exceed the annual salary of a Member of Congress, and for other purposes."} | 1,828 | 113 | 0.5943 | 1.401748 | 0.829012 | 2.095238 | 19.142857 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hepatitis C Epidemic Control and
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 5,000,000 Americans are infected with the
hepatitis C virus (referred to in this section as ``HCV''), and
more than 3,000,000 Americans are chronically infected, leading
the Centers for Disease Control and Prevention (referred to in
this section as the ``CDC'') to recognize HCV as the Nation's
most common chronic blood-borne virus infection.
(2) According to the CDC, nearly 2 percent of the
population of the United States have been infected with HCV.
(3) The CDC conservatively estimates that approximately
30,000 Americans are newly infected with HCV each year, and
that number has been growing since 2001.
(4) HCV infection, in the United States, is the most common
cause of chronic liver disease, liver cirrhosis, and liver
cancer, the most common indication for liver transplant, and
the leading cause of death in people with HIV/AIDS. In
addition, there may be links between HCV and certain other
diseases, given that a high number of people infected with HCV
also suffer from type 2 diabetes, lymphoma, thyroid and certain
blood disorders, and autoimmune disease. Moreover,
methamphetamine abuse--which is a matter of increasing concern
to Congress and public health officials across the country--is
recognized by the National Institute on Drug Abuse to be
inextricably linked to HCV.
(5) The majority of individuals infected with HCV are
unaware of their infection. Individuals infected with HCV serve
as a source of transmission to others and, since few
individuals are aware they are infected, they are unlikely to
take precautions to prevent the spread or exacerbation of their
infection.
(6) There is no vaccine available to prevent HCV infection.
(7) Treatments are available that can eradicate the disease
in approximately 50 percent of those who are treated, and
behavioral changes can slow the progression of the disease.
(8) Conservative estimates place the costs of direct
medical expenses for HCV at more than $1,000,000,000 in the
United States annually, and such costs will undoubtedly
increase in the absence of expanded prevention and treatment
efforts.
(9) To combat the HCV epidemic in the United States, the
CDC developed Recommendations for Prevention and Control of
Hepatitis C Virus (HCV) Infection and HCV-Related Chronic
Disease in 1998 and the National Hepatitis C Prevention
Strategy in 2001, and the National Institutes of Health
convened Consensus Development Conferences on the Management of
Hepatitis C in 1997 and 2002. These recommendations and
guidelines provide a framework for HCV prevention, control,
research, and medical management referral programs.
(10) The Department of Veterans Affairs (referred to in
this paragraph as the ``VA''), which cares for more people
infected with HCV than any other health care system, is the
Nation's leader in HCV screening, testing, and treatment. Since
1998, it has been the VA's policy to screen for HCV risk
factors all veterans receiving VA health care, and the VA
currently recommends testing for all those who are found to be
``at risk'' for the virus and for all others who wish to be
tested. In fiscal year 2004, over 98 percent of VA patients had
been screened for HCV risk factors, and over 90 percent of
those ``at risk'' were tested. For all veterans who test
positive for HCV and enroll in VA medical care, the VA offers
medications that can help HCV or its complications. The VA also
has programs for HCV patient and provider education, clinical
care, data-based quality improvement, and research, and it has
4 Hepatitis C Resource Centers to develop and disseminate
innovative practices and tools to improve patient care. This
comprehensive program should be commended and could potentially
serve as a model for future HCV programs.
(11) Federal support is necessary to increase knowledge and
awareness of HCV and to assist State and local prevention and
control efforts.
SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART S--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C
``SEC. 399II. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL
MANAGEMENT OF HEPATITIS C.
``(a) In General.--The Secretary shall develop and implement a plan
for the prevention, control, and medical management of the hepatitis C
virus (referred to in this part as `HCV') that includes strategies for
education and training, surveillance and early detection, and research.
``(b) Input in Development of Plan.--In developing the plan under
subsection (a), the Secretary shall--
``(1) be guided by existing recommendations of the Centers
for Disease Control and Prevention (referred to in this part as
the `CDC') and the National Institutes of Health, and the
comprehensive HCV programs that have been implemented by the
Department of Veterans Affairs, including the Hepatitis C
Resource Center program; and
``(2) consult with--
``(A) the Director of the CDC;
``(B) the Director of the National Institutes of
Health;
``(C) the Administrator of the Health Resources and
Services Administration;
``(D) the heads of other Federal agencies or
offices providing services to individuals with HCV
infections or the functions of which otherwise involve
HCV;
``(E) medical advisory bodies that address issues
related to HCV; and
``(F) the public, including--
``(i) individuals infected with the HCV;
and
``(ii) advocates concerned with issues
related to HCV.
``(c) Biennial Assessment of Plan.--
``(1) In general.--The Secretary shall conduct a biennial
assessment of the plan developed under subsection (a) for the
purpose of incorporating into such plan new knowledge or
observations relating to HCV and chronic HCV (such as knowledge
and observations that may be derived from clinical, laboratory,
and epidemiological research and disease detection, prevention,
and surveillance outcomes) and addressing gaps in the coverage
or effectiveness of the plan.
``(2) Publication of notice of assessments.--Not later than
October 1 of the first even numbered year beginning after the
date of the enactment of the Hepatitis C Epidemic Control and
Prevention Act, and October 1 of each even numbered year
thereafter, the Secretary shall publish in the Federal Register
a notice of the results of the assessments conducted under
paragraph (1). Such notice shall include--
``(A) a description of any revisions to the plan
developed under subsection (a) as a result of the
assessment;
``(B) an explanation of the basis for any such
revisions, including the ways in which such revisions
can reasonably be expected to further promote the
original goals and objectives of the plan; and
``(C) in the case of a determination by the
Secretary that the plan does not need revision, an
explanation of the basis for such determination.
``SEC. 399JJ. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL,
AND MEDICAL MANAGEMENT OF HEPATITIS C.
``(a) Education and Training.--The Secretary, acting through the
Director of the CDC, shall implement programs to increase awareness and
enhance knowledge and understanding of HCV. Such programs shall
include--
``(1) the conduct of health education, public awareness
campaigns, and community outreach activities to promote public
awareness and knowledge about risk factors, the transmission
and prevention of infection with HCV, the value of screening
for the early detection of HCV infection, and options available
for the treatment of chronic HCV;
``(2) the training of health care professionals regarding
the prevention, detection, and medical management of the
hepatitis B virus (referred to in this part as `HBV') and HCV,
and the importance of vaccinating HCV-infected individuals and
those at risk for HCV infection against the hepatitis A virus
and HBV; and
``(3) the development and distribution of curricula
(including information relating to the special needs of
individuals infected with HBV or HCV, such as the importance of
early intervention and treatment and the recognition of
psychosocial needs) for individuals providing hepatitis
counseling, as well as support for the implementation of such
curricula by State and local public health agencies.
``(b) Early Detection and Surveillance.--
``(1) In general.--The Secretary, acting through the
Director of the CDC, shall support activities described in
paragraph (2) to promote the early detection of HCV infection,
identify risk factors for infection, and conduct surveillance
of HCV infection trends.
``(2) Activities.--
``(A) Voluntary testing programs.--
``(i) In general.--The Secretary shall
support and promote the development of State,
local, and tribal voluntary HCV testing
programs to aid in the early identification of
infected individuals.
``(ii) Confidentiality of test results.--
The results of a HCV test conducted by a
testing program developed or supported under
this subparagraph shall be considered protected
health information (in a manner consistent with
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996) and may not be used
for any of the following:
``(I) Issues relating to health
insurance.
``(II) To screen or determine
suitability for employment.
``(III) To discharge a person from
employment.
``(B) Counseling regarding viral hepatitis.--The
Secretary shall support State, local, and tribal
programs in a wide variety of settings, including those
providing primary and specialty health care services in
nonprofit private and public sectors, to--
``(i) provide individuals with information
about ongoing risk factors for HCV infection
with client-centered education and counseling
that concentrates on changing behaviors that
place them at risk for infection; and
``(ii) provide individuals infected with
HCV with education and counseling to reduce the
risk of harm to themselves and transmission of
the virus to others.
``(C) Vaccination against viral hepatitis.--With
respect to individuals infected, or at risk for
infection, with HCV, the Secretary shall provide for--
``(i) the vaccination of such individuals
against hepatitis A virus, HBV, and other
infectious diseases, as appropriate, for which
such individuals may be at increased risk; and
``(ii) the counseling of such individuals
regarding hepatitis A, HBV, and other viral
hepatides.
``(D) Medical referral.--The Secretary shall
support--
``(i) referral of persons infected with or
at risk for HCV, for drug or alcohol abuse
treatment where appropriate; and
``(ii) referral of persons infected with
HCV--
``(I) for medical evaluation to
determine their stage of chronic HCV
and suitability for antiviral
treatment; and
``(II) for ongoing medical
management of HCV.
``(3) Hepatitis c coordinators.--The Secretary, acting
through the Director of the CDC, shall, upon request, provide a
Hepatitis C Coordinator to a State health department in order
to enhance the management, networking, and technical expertise
needed to ensure successful integration of HCV prevention and
control activities into existing public health programs.
``(c) Surveillance and Epidemiology.--
``(1) In general.--The Secretary shall promote and support
the establishment and maintenance of State HCV surveillance
databases, in order to--
``(A) identify risk factors for HCV infection;
``(B) identify trends in the incidence of acute and
chronic HCV;
``(C) identify trends in the prevalence of HCV
infection among groups that may be disproportionately
affected by HCV, including individuals living with HIV,
military veterans, emergency first responders, racial
or ethnic minorities, and individuals who engage in
high risk behaviors, such as intravenous drug use; and
``(D) assess and improve HCV infection prevention
programs.
``(2) Confidentiality.--Information contained in the
databases under paragraph (1) shall be de-identified in a
manner consistent with regulations under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996.
``(d) Research Network.--The Secretary, acting through the Director
of the CDC and the Director of the National Institutes of Health,
shall--
``(1) conduct epidemiologic research to identify best
practices for HCV prevention;
``(2) establish and support a Hepatitis C Clinical Research
Network for the purpose of conducting research related to the
treatment and medical management of HCV; and
``(3) conduct basic research to identify new approaches to
prevention (such as vaccines) and treatment for HCV.
``(e) Referral for Medical Management of Chronic HCV.--The
Secretary shall support and promote State, local, and tribal programs
to provide HCV-positive individuals with referral for medical
evaluation and management, including currently recommended antiviral
therapy when appropriate.
``(f) Underserved and Disproportionately Affected Populations.--In
carrying out this section, the Secretary shall provide expanded support
for individuals with limited access to health education, testing, and
health care services and groups that may be disproportionately affected
by HCV.
``(g) Evaluation of Program.--The Secretary shall develop
benchmarks for evaluating the effectiveness of the programs and
activities conducted under this section and make determinations as to
whether such benchmarks have been achieved.
``SEC. 399KK. GRANTS.
``(a) In General.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, States, political
subdivisions of States, Indian tribes, or nonprofit entities that have
special expertise relating to HCV, to carry out activities under this
part.
``(b) Application.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), an entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``SEC. 399LL. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$90,000,000 for fiscal year 2008, and $72,000,000 for each of fiscal
years 2009 through 2012.''. | Hepatitis C Epidemic Control and Prevention Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV).
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) implement programs to increase awareness of HCV; and (2) support activities to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends.
Directs the Secretary, acting through the Director of CDC and the Director of the National Institutes of Health (NIH), to: (1) conduct epidemiologic research to identify best practices for HCV prevention; (2) establish a Hepatitis C Clinic Research Network to conduct research related to the treatment and medical management of HCV; and (3) conduct basic research to identify new approaches to prevent and treat HCV.
Requires the Secretary to: (1) promote state, local, and tribal programs to provide referrals for medical evaluation and management to HCV-positive individuals; and (2) develop benchmarks for evaluating the programs and activities conducted under this Act.
Authorizes the Secretary to award grants to states, political subdivisions of states, Indian tribes, or nonprofit entities to carry out activities under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection."} | 3,304 | 291 | 0.544542 | 1.626095 | 0.778238 | 4.977528 | 11.280899 | 0.962547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Tundra Habitat Emergency
Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The winter index population of mid-continent light geese
was 800,000 birds in 1969, while the total population of such geese
is more than 5,200,000 birds today.
(2) The population of mid-continent light geese is expanding by
over 5 percent each year, and in the absence of new wildlife
management actions it could grow to more than 6,800,000 breeding
light geese in 3 years.
(3) The primary reasons for this unprecedented population
growth are--
(A) the expansion of agricultural areas and the resulting
abundance of cereal grain crops in the United States;
(B) the establishment of sanctuaries along the United
States flyways of migrating light geese; and
(C) a decline in light geese harvest rates.
(4) As a direct result of this population explosion, the Hudson
Bay Lowlands Salt-Marsh ecosystem in Canada is being systematically
destroyed. This ecosystem contains approximately 135,000 acres of
essential habitat for migrating light geese and many other avian
species. Biologists have testified that one-third of this habitat
has been destroyed, one-third is on the brink of devastation, and
the remaining one-third is overgrazed.
(5) The destruction of the Arctic tundra is having a severe
negative impact on many avian species that breed or migrate through
this habitat, including the following:
(A) Canada Goose.
(B) American Wigeon.
(C) Dowitcher.
(D) Hudsonian Godwit.
(E) Stilt Sandpiper.
(F) Northern Shoveler.
(G) Red-Breasted Merganser.
(H) Oldsquaw.
(I) Parasitic Jaeger.
(J) Whimbrel.
(K) Yellow Rail.
(6) It is essential that the current population of mid-
continent light geese be reduced by 50 percent by the year 2005 to
ensure that the fragile Arctic tundra is not irreversibly damaged.
(b) Purposes.--The purposes of this Act are the following:
(1) To reduce the population of mid-continent light geese.
(2) To assure the long-term conservation of mid-continent light
geese and the biological diversity of the ecosystem upon which many
North American migratory birds depend.
SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-CONTINENT
LIGHT GEESE POPULATIONS.
(a) Force and Effect.--
(1) In general.--The rules published by the Service on February
16, 1999, relating to use of additional hunting methods to increase
the harvest of mid-continent light geese (64 Fed. Reg. 7507-7517)
and the establishment of a conservation order for the reduction of
mid-continent light goose populations (64 Fed. Reg. 7517-7528),
shall have the force and effect of law.
(2) Public notice.--The Secretary, acting through the Director
of the Service, shall take such action as is necessary to
appropriately notify the public of the force and effect of the
rules referred to in paragraph (1).
(b) Application.--Subsection (a) shall apply only during the period
that--
(1) begins on the date of the enactment of this Act; and
(2) ends on the latest of--
(A) the effective date of rules issued by the Service after
such date of the enactment to control overabundant mid-
continent light geese populations;
(B) the date of the publication of a final environmental
impact statement for such rules under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); and
(C) May 15, 2001.
(c) Rule of Construction.--This section shall not be construed to
limit the authority of the Secretary or the Service to issue rules,
under another law, to regulate the taking of mid-continent light geese.
SEC. 4. COMPREHENSIVE MANAGEMENT PLAN.
(a) In General.--Not later than the end of the period described in
section 103(b), the Secretary shall prepare, and as appropriate
implement, a comprehensive, long-term plan for the management of mid-
continent light geese and the conservation of their habitat.
(b) Required Elements.--The plan shall apply principles of adaptive
resource management and shall include--
(1) a description of methods for monitoring the levels of
populations and the levels of harvest of mid-continent light geese,
and recommendations concerning long-term harvest levels;
(2) recommendations concerning other means for the management
of mid-continent light goose populations, taking into account the
reasons for the population growth specified in section 102(a)(3);
(3) an assessment of, and recommendations relating to,
conservation of the breeding habitat of mid-continent light geese;
(4) an assessment of, and recommendations relating to,
conservation of native species of wildlife adversely affected by
the overabundance of mid-continent light geese, including the
species specified in section 102(a)(5); and
(5) an identification of methods for promoting collaboration
with the Government of Canada, States, and other interested
persons.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2000 through 2002.
SEC. 5. DEFINITIONS.
In this Act:
(1) Mid-continent light geese.--The term ``mid-continent light
geese'' means Lesser snow geese (Anser caerulescens caerulescens)
and Ross' geese (Anser rossii) that primarily migrate between
Canada and the States of Alabama, Arkansas, Colorado, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota,
Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and
Wyoming.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Service.--The term ``Service'' means the United States Fish
and Wildlife Service.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 3) Makes such requirement applicable until the latest of: (1) the effective date of rules issued by the Service after enactment of this Act to control overabundant populations of such geese; (2) the date of the publication of a final environmental impact statement for such rules; or (3) May 15, 2001.
(Sec. 4) Directs the Secretary, no later than the end of such period, to prepare and implement a comprehensive, long-term plan for the management of mid-continent light geese and the conservation of their habitat, applying principles of adaptive resource management. Authorizes appropriations. | {"src": "billsum_train", "title": "Arctic Tundra Habitat Emergency Conservation Act"} | 1,457 | 140 | 0.478096 | 1.537452 | 0.417966 | 4.434426 | 10.442623 | 0.92623 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Extended
Health Care Services and Business Enhancements Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Five-year extension of period for provision of noninstitutional
extended-care services and required nursing
home care.
Sec. 3. Improved benefits for former prisoners of war.
Sec. 4. Enhancements to enhanced-use lease authority.
Sec. 5. Department of Defense participation in revolving supply fund
purchases.
Sec. 6. Enhancement of authorities relating to nonprofit research
corporations.
Sec. 7. Report date changes.
Sec. 8. Designation of Department of Veterans Affairs Medical Center,
Prescott, Arizona, as the Bob Stump
Department of Veterans Affairs Medical
Center.
SEC. 2. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF NONINSTITUTIONAL
EXTENDED-CARE SERVICES AND REQUIRED NURSING HOME CARE.
(a) Noninstitutional Extended Care Services.--Section 1701(10)(A)
of title 38, United States Code, is amended by striking ``the date of
the enactment of the Veterans Millennium Health Care and Benefits Act
and ending on December 31, 2003,'' and inserting ``November 30, 1999,
and ending on December 31, 2008,''.
(b) Required Nursing Home Care.--Section 1710A(c) of such title is
amended by striking ``December 31, 2003'' and inserting ``December 31,
2008''.
(c) Extension of Report Date.--Section 101(i) of the Veterans
Millennium Health Care and Benefits Act (38 U.S.C. 1710A note) is
amended by striking ``January 1, 2003,'' and inserting ``January 1,
2008,''.
SEC. 3. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.
(a) Outpatient Dental Care for All Former Prisoners of War.--
Section 1712(a)(1)(F) of title 38, United States Code, is amended by
striking ``and who was detained or interned for a period of not less
than 90 days''.
(b) Exemption From Pharmacy Copayment Requirement.--Section
1722A(a)(3) of such title is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) to a veteran who is a former prisoner of war; or''.
SEC. 4. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.
(a) Increased Flexibility Under Enhanced-Use Leases.--Section
8162(a)(2)(B) of title 38, United States Code, is amended--
(1) by striking ``proposed by the Under Secretary for
Health'' and inserting ``proposed by one of the Under
Secretaries''; and
(2) by striking ``to the provision of medical care and
services'' and inserting ``to the programs and activities of
the Department''.
(b) Notification of Property to Be Leased.--Section 8163 of such
title is amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``designate a property to be leased
under an enhanced-use lease'' and inserting ``enter
into an enhanced-use lease with respect to certain
property''; and
(B) by striking ``before making the designation''
and inserting ``before entering into the lease'';
(2) in subsection (b), by striking ``of the proposed
designation'' and inserting ``to the congressional veterans'
affairs committees and to the public of the proposed lease'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``designate the property
involved'' and inserting ``enter into an
enhanced-use lease of the property involved'';
and
(ii) by striking ``to so designate the
property'' and inserting ``to enter into such
lease'';
(B) in paragraph (2), by striking ``90-day period''
and inserting ``45-day period'';
(C) in paragraph (3)--
(i) by striking ``general description'' in
subparagraph (D) and inserting ``description of
the provisions''; and
(ii) by adding at the end the following new
subparagraph:
``(G) A summary of a cost-benefit analysis of the proposed
lease.''; and
(D) by striking paragraph (4).
(c) Disposition of Leased Property.--Section 8164 of such title is
amended--
(1) in subsection (a)--
(A) by striking ``by requesting the Administrator
of General Services to dispose of the property pursuant
to subsection (b)'' in the first sentence; and
(B) by striking the third sentence;
(2) in subsection (b)--
(A) by striking ``Secretary and the Administrator
of General Services jointly determine'' and inserting
``Secretary determines''; and
(B) by striking ``Secretary and the Administrator
consider'' and inserting ``Secretary considers''; and
(3) in subsection (c), by striking ``90 days'' and
inserting ``45 days''.
(d) Use of Proceeds.--Section 8165 of such title is amended--
(1) in subsection (a)--
(A) by inserting after ``of this title'' the
following: ``, except that any funds received by the
Department under an enhanced-use lease in support of
the Veterans Benefits Administration or the National
Cemetery Administration and remaining after any
deduction from such funds under subsection (b) shall be
credited to applicable appropriations of that
Administration''; and
(B) in paragraph (2), by striking ``and remaining
after'' and all that follows through ``nursing home
revolving fund'' and inserting ``shall be deposited in
applicable appropriations of the Administration of the
Department that had functional control of the leased
property before the Secretary entered into the
enhanced-use lease'';
(2) in subsection (b), by adding at the end the following
new sentence: ``The Secretary may use the proceeds from any
enhanced-use lease to reimburse applicable appropriations of
the Department for any expenses incurred in the development of
additional enhanced-use leases.''; and
(3) by striking subsection (c).
(e) Clerical Amendments.--(1) The heading of section 8163 of such
title is amended to read as follows:
``Sec. 8163. Hearing and notice requirements regarding proposed
leases''.
(2) The item relating to section 8163 in the table of sections at
the beginning of chapter 81 of such title is amended to read as
follows:
``8163. Hearing and notice requirements regarding proposed leases.''.
SEC. 5. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND
PURCHASES.
(a) Enhancement of Department of Defense Participation.--Section
8121 of title 38, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(2) by designating the last sentence of subsection (a) as
subsection (c); and
(3) by inserting after paragraph (3) of subsection (a) the
following new subsection:
``(b) The Secretary may authorize the Secretary of Defense to make
purchases through the fund in the same manner as activities of the
Department. When services, equipment, or supplies are furnished to the
Secretary of Defense through the fund, the reimbursement required by
paragraph (2) of subsection (a) shall be made from appropriations made
to the Department of Defense, and when services or supplies are to be
furnished to the Department of Defense, the fund may be credited, as
provided in paragraph (3) of subsection (a), with advances from
appropriations available to the Department of Defense.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply only with respect to funds appropriated for a fiscal year after
fiscal year 2003.
SEC. 6. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH
CORPORATIONS.
(a) Coverage of Personnel Under Tort Claims Laws.--(1) Subchapter
IV of chapter 73 of title 38, United States Code, is amended by
inserting after section 7364 the following new section:
``Sec. 7364A. Coverage of employees under certain Federal tort claims
``(a) An employee of a corporation established under this
subchapter who is described by subsection (b) shall be considered an
employee of the government, or a medical care employee of the Veterans
Health Administration, for purposes of the following provisions of law:
``(1) Section 1346(b) of title 28.
``(2) Chapter 171 of title 28.
``(3) Section 7316 of this title
``(b) An employee described in this subsection is an employee who--
``(1) has an appointment with the Department, whether with
or without compensation;
``(2) is directly or indirectly involved or engaged in
research or education and training that is approved in
accordance with procedures established by the Under Secretary
for Health for research or education and training; and
``(3) performs such duties under the supervision of
Department personnel.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7364 the
following new item:
``7364A. Coverage of employees under certain Federal tort claims.''.
(b) Clarification of Executive Director's Ethics Certification
Duties.--Section 7366(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``any year--'' and all that follows through
``shall be subject'' and inserting ``any year shall be
subject'';
(3) by striking ``functions; and'' and inserting
``functions.''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Each corporation established under this subchapter shall each
year submit to the Secretary a statement signed by the executive
director of the corporation verifying that each director and employee
has certified awareness of the laws and regulations referred to in
paragraph (1) and of the consequences of violations of those laws and
regulations in the same manner as Federal employees are required to.''.
(c) Five-Year Extension of Authority to Establish Research
Corporations.--Section 7368 of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2008''.
SEC. 7. REPORT DATE CHANGES.
(a) Senior Managers Quarterly Report.--Section 516(e)(1)(A) of
title 38, United States Code, is amended by striking ``30 days'' and
inserting ``45 days''.
(b) Annual Report on Assistance to Homeless Veterans.--Section
2065(a) of such title is amended by striking ``April 15 of each year''
and inserting ``June 15 of each year''.
(c) Annual Report of Committee on Care of Severely Chronically
Mentally Ill Veterans.--Section 7321(d)(2) of such is amended by
striking ``February 1, 1998, and February 1 of each of the six
following years'' and inserting ``June 1 of each year through 2004''.
(d) Annual Reports on Long-Range Health Planning.--Section 8107 of
such title is amended--
(1) in subsection (a), by striking ``each year'' in the
second sentence and all that follows through ``title 31'' and
inserting ``June 1 of each year''; and
(2) in subsection (c), by striking ``January 31'' and
inserting ``June 1''.
(e) Annual Report on Sharing of Health Care Resources.--Section
8153(g) of such title is amended by striking ``not more than 60 days
after the end of each fiscal year'' and inserting ``not later than
February 1 of each year''.
(f) Annual Report of Special Committee on PTSD.--Section 110(e)(2)
of the Veterans' Health Care Act of 1984 (38 U.S.C. 1712A note) is
amended by striking ``February 1 of each of the three following years''
and inserting ``May 1 of each year through 2004''.
SEC. 8. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
PRESCOTT, ARIZONA, AS THE BOB STUMP DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.
The Department of Veterans Affairs Medical Center located in
Prescott, Arizona, shall after the date of the enactment of this Act be
known and designated as the ``Bob Stump Department of Veterans Affairs
Medical Center''. Any reference to such medical center in any law,
regulation, map, document, or other paper of the United States shall be
considered to be a reference to the Bob Stump Department of Veterans
Affairs Medical Center. | Veterans' Extended Health Care Services and Business Enhancements Act of 2003 - Amends Federal veterans' benefits provisions to: (1) extend through 2008 the period for the provision of veterans' noninstitutional extended-care services and required nursing home care; (2) remove a provision requiring a person to have been detained or interned for at least 90 days in order to qualify for outpatient dental care as a former prisoner of war; (3) allow any Under Secretary within the Department of Veterans Affairs (currently only the Under Secretary for Health) to provide business plans for the use within the Department of enhanced-use leases; (4) remove other statutory requirements with respect to the enhanced-use lease program; (5) allow the Secretary of Defense to make purchases through the Department's revolving supply fund; (6) provide for coverage under the tort claims laws for employees of Department nonprofit research corporations; (7) extend through 2008 the authority to establish such corporations; (8) revise due dates of certain required reports; and (9) designate the Department medical center in Prescott, Arizona, as the Bob Stump Department of Veterans Affairs Medical Center. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend certain authorities for health care services and reporting dates and to augment certain health care business practices or programs administered by the Secretary of Veterans Affairs."} | 3,087 | 239 | 0.643528 | 2.04786 | 0.794101 | 2.995495 | 12.292793 | 0.878378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ana River Wash Plan Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation district.--The term ``conservation
district'' means the San Bernardino Valley Water Conservation
District, a political subdivision of the State of California.
(2) Exchange land.--The term ``Exchange Land'' means the
approximately 310 acres of land owned by the Conservation
District generally depicted as ``SBVWCD to BLM'' on the Map.
(3) Map.--The term ``Map'' means the map titled ``Santa Ana
River Wash Land Exchange'' and dated September 03, 2015.
(4) Non-public exchange parcel.--The term ``non-public
exchange parcel'' means the approximately 59 acres of land
owned by the Conservation District generally depicted as
``SBVWCD Equalization Land'' on the Map and is to be conveyed
to the United States if necessary to equalize the fair market
values of the lands otherwise to be exchanged.
(5) Public exchange parcel.--The term ``public exchange
parcel'' means the approximately 90 acres of Federal land
administered by the Bureau of Land Management generally
depicted as ``BLM Equalization Land to SBVWCD'' on the Map and
is to be conveyed to the Conservation District if necessary to
equalize the fair market values of the lands otherwise to be
exchanged.
(6) Public land.--The term ``public land'' means the
approximately 327 acres of Federal land administered by the
Bureau of Land Management generally depicted as ``BLM Land to
SBVWCD'' on the Map.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.
(a) Exchange Authorized.--Notwithstanding the land use planning
requirements of sections 202, 210, and 211 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid
existing rights, and conditioned upon any equalization payment
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this
Act, as soon as practicable, but not later than 2 years after the date
of enactment of this Act, the Secretary shall--
(1) quitclaim to the conservation district all right,
title, and interest of the United States in and to the public
land, and any such portion of the public exchange parcel as may
be required to equalize the values of the lands exchanged; and
(2) accept from the conservation district a conveyance of
all right, title, and interest of the conservation district in
and to the exchange land, and any such portion of the non-
public exchange parcel as may be required to equalize the
values of the lands exchanged.
(b) Equalization Payment.--To the extent an equalization payment is
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716), the amount of such
equalization payment shall first be made by way of in-kind transfer of
such portion of the public exchange parcel to the conservation
district, or transfer of such portion of the non-public exchange parcel
to the United States, as the case may be, as may be necessary to
equalize the fair market values of the exchanged properties, as such
values are indicated by the appraisal provided for under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716). Such appraisal
shall include an appraisal of the public exchange parcel and the non-
public exchange parcel. The fair market value of the public exchange
parcel or non-public exchange parcel, as the case may be, shall be
credited against any required equalization payment. To the extent such
credit is not sufficient to offset the entire amount of equalization
payment so indicated, any remaining amount of equalization payment
shall be treated as follows:
(1) If the equalization payment is to equalize values by
which the public land exceeds the exchange land and the
credited value of the non-public exchange parcel, conservation
district may make the equalization payment to the United
States, notwithstanding any limitation regarding the amount of
the equalization payment under section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the
event conservation district opts not to make the indicated
equalization payment, the exchange shall not proceed.
(2) If the equalization payment is to equalize values by
which the exchange land exceeds the public land and the
credited value of the public exchange parcel, the Secretary
shall order the exchange without requirement of any additional
equalization payment by the United States to the conservation
district.
(c) Map and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall finalize a map
and legal descriptions of all land to be conveyed under this Act. The
Secretary may correct any minor errors in the map or in the legal
descriptions. The map and legal descriptions shall be on file and
available for public inspection in appropriate offices of the Bureau of
Land Management.
(d) Costs of Conveyance.--As a condition of conveyance, any costs
related to the conveyance under this section shall be paid by the
conservation district.
SEC. 4. APPLICABLE LAW.
(a) Act of February 20, 1909.--
(1) The Act of February 20, 1909 (35 Stat. 641), shall not
apply to the public land and any public exchange land
transferred under this Act.
(2) The exchange of lands under this section shall be
subject to continuing rights of the conservation district under
the Act of February 20, 1909 (35 Stat. 641), on the exchange
land and any exchanged portion of the non-public exchange
parcel for the continued use, maintenance, operation,
construction, or relocation of, or expansion of, groundwater
recharge facilities on the exchange land, to accommodate
groundwater recharge of the Bunker Hill Basin to the extent
that such activities are not in conflict with any Habitat
Conservation Plan or Habitat Management Plan under which such
exchange land or non-public exchange parcel may be held or
managed.
(b) FLPMA.--Except as otherwise provided in this Act, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall
apply to the exchange of land under this Act.
SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241.
Secretarial Order 241, dated November 11, 1929 (withdrawing a
portion of the public land for an unconstructed transmission line), is
terminated and the withdrawal thereby effected is revoked. | Santa Ana River Wash Plan Land Exchange Act This bill directs the Department of the Interior: (1) to quitclaim to the San Bernardino Valley Water Conservation District in California approximately 327 acres of identified federal land administered by the Bureau of Land Management; and (2) in exchange for such land, to accept from the Conservation District a conveyance of approximately 310 acres of its land. | {"src": "billsum_train", "title": "Santa Ana River Wash Plan Land Exchange Act"} | 1,511 | 78 | 0.589332 | 1.536826 | 0.849529 | 3.643836 | 18.69863 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Sports Integrity Act of
2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect the integrity of professional
sports and strengthen the health and safety standards for Major League
Baseball, the National Basketball Association, the National Football
League, and the National Hockey League, through the establishment of
minimum standards and procedures for testing for prohibited substances
and methods.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``professional baseball, basketball, football,
or hockey game'' means any baseball, basketball, football, or
hockey game held in the United States between any professional
teams of a major professional league in which players compete
for financial compensation;
(2) the term ``major professional league'' means Major
League Baseball, the National Basketball Association, the
National Football League, and the National Hockey League; and
(3) the term ``professional athlete'' means an individual
who competes in a professional baseball, basketball, football,
or hockey game.
SEC. 4. TESTING OF BANNED SUBSTANCES FOR CERTAIN PROFESSIONAL ATHLETES.
(a) Conduct Prohibited.--It is unlawful for a major professional
league to organize or produce, or for any person to compete in, a
professional baseball, basketball, football, or hockey game without
meeting the requirements in subsection (b).
(b) Minimum Testing Requirements.--Each major professional league
shall implement policies and procedures for the testing of the use of
prohibited substances and methods by professional athletes who compete
in each respective major professional league. Such policies and
procedures shall, at minimum, include the following:
(1) Timing and frequency of testing.--Each professional
athlete shall be tested a minimum of 4 times each year that
such athlete is competing in games organized by the major
professional league. Each athlete shall be tested--
(A) at least twice, at random intervals, during
each season of play; and
(B) at least twice, at random intervals, during the
off-season.
Each major professional league shall also provide for
additional tests to be administered when the league has
reasonable cause to believe that a particular athlete or team
may be in violation of such league's policies regarding
prohibited substances and methods. An athlete shall not be
notified of any test in advance.
(2) Method of testing.--Each test shall consist of each
athlete providing a blood or urine sample. The party
administering the test shall observe the provision of each
sample. Each major professional league shall consult with the
United States Anti-Doping Agency regarding method of testing,
including selection, notification, collection, processing, and
chain of custody issues.
(3) Applicable substances.--Each professional athlete shall
be tested for the substances and methods determined by the
World Anti-Doping Agency to be prohibited at the time of each
test. A major professional league may make exceptions for any
substance that has been prescribed by a team physician for a
documented medical condition.
(4) Analysis of sample.--Each sample provided shall be
analyzed by a laboratory accredited or otherwise approved by
the World Anti-Doping Agency.
(5) Positive tests.--A positive test shall consist of the
presence in the sample of a substance prohibited pursuant to
paragraph (3), or its metabolites or markers. A refusal by a
professional athlete to submit to a test shall also be
considered a positive test.
(6) Penalties.--A positive test shall result in the
following penalties:
(A) A professional athlete who tests positive for
the first time shall be immediately suspended for a
minimum of 2 years.
(B) A professional athlete who tests positive for a
second time shall be permanently barred from
participation in the activities of that major
professional league.
All suspensions shall include a loss of pay for the period of
the suspension.
(7) Disclosure.--A positive test result by any professional
athlete, including the name of such athlete and substance,
shall be disclosed to the public.
(8) Appeals procedure.--A professional athlete who tests
positive shall be provided an opportunity for a hearing and a
right to appeal any penalty imposed. Each major professional
league shall consult with the United States Anti-Doping Agency
in the development of procedures for adjudication and appeals.
SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair and Deceptive Act or Practice.--A violation of section 4
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Enforcement Authority.--Notwithstanding section 5(n) of the
Federal Trade Commission Act (15 U.S.C. 45(n)), the Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
(c) Rulemaking Authority.--The Federal Trade Commission may, by
rule pursuant to section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)), extend the requirements of section 4 to
other professional sports leagues operating in interstate commerce
(other than those described in section 3(2)) and to the National
Collegiate Athletic Association.
SEC. 6. REPORTING REQUIREMENT.
Not later than 1 year after the date of enactment of this Act, and
every 2 years thereafter, each major professional league shall transmit
to the Federal Trade Commission, the Committee on Energy and Commerce
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate, a report on its testing
policies and procedures. The reports shall include--
(1) a comparison of the league's policies and procedures to
the policies and procedures required by this Act; and
(2) aggregate data concerning the number of tests
administered each year and the outcomes of such tests,
including the prohibited substances found, but shall not
include the names of any professional athletes who have tested
positive.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that other professional sports leagues
and associations not covered by this Act should adopt policies and
procedures for the testing of steroids and other illicit substances
that are substantially similar to those required by this Act. | Professional Sports Integrity Act of 2005 - Prohibits Major League Baseball, the National Basketball Association, the National Football League, or the National Hockey League from organizing or producing, or any person from competing in, a professional baseball, basketball, football, or hockey game without meeting the testing requirements established by this Act. Requires each such league to implement testing for the use of prohibited substances by professional athletes who compete in that league, including: (1) testing each athlete at least four times a year, twice during both the season and the off-season; (2) additional testing with reasonable cause; and (3) testing for all substances prohibited by the World Anti-Doping Agency.
Requires for each athlete who tests positive: (1) a suspension for a minimum of two years for the first positive test result; (2) a permanent ban for any subsequent positive test result; (3) public disclosure of both the athlete's name and the prohibited substance; and (4) an opportunity to appeal.
Deems a violation of this Act to be an unfair or deceptive act or practice. Authorizes the Federal Trade Commission (FTC) to enforce this Act.
Requires biennial reports for each league.
Expresses the sense of Congress that other professional sports leagues should adopt policies and procedures for the testing of steroids and other illicit substances that are substantially similar to those required by this Act. | {"src": "billsum_train", "title": "To establish standards for the testing of prohibited substances and methods for certain professional baseball, basketball, football, and hockey players."} | 1,423 | 291 | 0.634932 | 1.787672 | 0.77976 | 3.717949 | 4.842491 | 0.92674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gay and Lesbian Youth Suicide
Prevention Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on Gay and Lesbian Youth Suicide Prevention (referred to in
this Act as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 31
members appointed by the Secretary of Health and Human Services.
Members of the Commission shall include professionals and experts in
the field of youth suicide prevention.
(b) Terms.--Each member of the Commission shall be appointed for
the life of the Commission. Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(c) Meetings.--The Commission shall, during a 6-month period, meet
with the Secretary of Health and Human Services and advise various
offices within the Department of Health and Human Services on an
ongoing basis.
(d) Chairperson.--The Secretary of Health and Human Services shall
select a chairperson for the Commission from among the members of the
Commission.
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The Commission shall carry out activities to
combat the epidemic of suicide among gay and lesbian youth, who account
for 30 percent of completed youth suicides, as reported by the
Department of Health and Human Services in the 1989 ``Report of the
Secretary's Task Force on Youth Suicide''. The Commission shall advise
the Secretary of Health and Human Services and heads of other Federal
and State youth service agencies concerning how to include the concerns
of gay and lesbian youth in suicide prevention policies, programs, and
research.
(b) Goals of Commission.--The goals of the Commission shall be to--
(1) work to include the concerns of gay and lesbian youth
in suicide prevention programs at the national and State level;
(2) develop and make specific recommendations to the
Secretary of Health and Human Services and heads of other
relevant Federal and State agencies about how to stem the
epidemic of gay and lesbian youth suicide;
(3) work to expand research on youth suicide to include
research on gay and lesbian youth suicide; and
(4) work to amend existing youth suicide policies,
guidelines, and programs to include policies, guidelines, and
programs appropriate for gay and lesbian youth.
SEC. 5. REPORTS.
(a) Interim Reports.--The Commission shall conduct regional public
hearings around the United States to gather information from youths,
family members of such youths, and professionals, about the problem of
gay and lesbian youth suicide, on an ongoing basis. The Commission
shall prepare and submit an interim report to the Secretary of Health
and Human Services. The interim report shall contain findings and
conclusions of the Commission, based on the hearings.
(b) Final Report.--The Commission shall prepare and submit a final
report to the Secretary of Health and Human Services. The final report
shall contain a detailed statement of the findings and conclusions of
the Commission.
SEC. 6. POWERS OF THE COMMISSION.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(b) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(c) Use of Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the Secretary of Health
and Human Services is authorized to accept voluntary and uncompensated
services in furtherance of the purposes of this Act.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Members of the Commission shall serve on the
Commission without compensation.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 8. SUNSET PROVISION.
The Commission shall terminate 6 months after the date of the first
meeting of the Commission. | Gay and Lesbian Youth Suicide Prevention Act - Establishes the National Commission on Gay and Lesbian Youth Suicide Prevention to combat the epidemic of suicide among gay and lesbian youth and to advise the Department of Health and Human Services and other Federal and State youth service agencies concerning how to include the concerns of gay and lesbian youth within existing suicide prevention policies, programs, and research. | {"src": "billsum_train", "title": "Gay and Lesbian Youth Suicide Prevention Act"} | 1,104 | 80 | 0.678281 | 1.549092 | 1.474994 | 6.642857 | 14.557143 | 0.985714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Star Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) America star company.--The term ``America Star
company'' means a participating company that is designated as
an America Star company under section 3(e).
(2) America star program.--The term ``America Star
program'' means the voluntary program established under this
Act.
(3) Applicant company.--The term ``applicant company''
means a company that applies for designation as an America Star
company.
(4) Participating company.--The term ``participating
company'' means an applicant company that--
(A) meets the application requirements set forth by
the Secretary under section 3(b)(1); and
(B) is not ineligible under section 3(b)(2) for
participation in the America Star program.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 3. AMERICA STAR PROGRAM.
(a) Establishment.--The Secretary shall establish, within the
Department of Labor, a voluntary program to be known as the ``America
Star program'' to annually designate participating companies as America
Star companies based on their support for the workforce of the United
States during the previous calendar year.
(b) Application Process.--
(1) In general.--The Secretary shall establish procedures
for companies seeking a designation under this Act to apply for
participation in the America Star program for a calendar year,
including a deadline for companies to apply for such
participation.
(2) Ineligibility.--A company shall be ineligible to
participate in the America Star program if--
(A) the Secretary has determined that such company
has committed a serious, repeated, or willful
violation, as described in paragraph (3), of a
provision under--
(i) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(ii) the National Labor Relations Act (29
U.S.C. 151 et seq.);
(iii) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
(iv) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.);
(v) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
(vi) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.); or
(vii) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); or
(B) there is evidence that such company has
substantially outsourced, as defined by the Secretary,
jobs in the United States to another country during the
previous 5 calendar years.
(3) Serious, repeated, or willful violation.--
(A) Serious.--For the purpose of determining
whether a violation is serious under paragraph (2)(A),
the Secretary shall, with respect to each of the
previous 3 calendar years, consider--
(i) the number of employees of such company
affected by the violation;
(ii) the degree of risk posed or actual
harm caused by the violation to the health,
safety, or well-being of an employee of such
company;
(iii) the amount of damages incurred or
fines or penalties assessed on account of the
violation; and
(iv) any other consideration the Secretary
determines appropriate.
(B) Repeated.--For the purpose of determining
whether a violation is repeated under paragraph (2)(A),
the Secretary shall consider whether such company has
had 1 or more additional violations of the same, or a
substantially similar, requirement during any of the
previous 3 calendar years.
(C) Willful.--For the purpose of determining
whether a violation is willful under paragraph (2)(A),
the Secretary shall consider whether such company knew
of, showed reckless disregard for, or acted with plain
indifference as to whether the conduct of such company
was prohibited by any of the laws listed in paragraph
(2)(A) during any of the previous 3 calendar years.
(c) Classification Groups.--The Secretary shall place each
applicant company that meets the requirements under subsection (b) into
a classification group based on size and industry.
(d) Scoring System.--
(1) In general.--The Secretary, in consultation with any
other relevant Federal agency as determined by the Secretary,
shall develop a system to score participating companies based
on their performance, during the previous calendar year, in the
categories described in paragraph (2), compared to other
participating companies within the classification group of such
company as determined under subsection (c).
(2) Categories.--
(A) In general.--The score that a participating
company receives for such company's performance during
the previous calendar year shall be based on the
following categories:
(i) Wages.--The ratio of the total annual
compensation, including benefits, of the
employee receiving the greatest compensation at
such participating company compared to the
median total annual compensation, including
benefits, of all employees at such company,
with a higher score for participating companies
with a lower such ratio.
(ii) Made in usa.--The percentage of the
products manufactured or sold by such
participating company that meet the standards
of the Federal Trade Commission for labeling as
``Made in USA'', with a higher score for
participating companies with a higher such
percentage.
(iii) Veterans.--The use of veterans
employment initiatives to promote employment
opportunities at such participating company for
veterans, with a higher score for participating
companies utilizing more robust initiatives as
determined by the Secretary. Such initiatives
may include--
(I) veterans recruitment and hiring
programs;
(II) job training and counseling
programs for veterans;
(III) internal education programs,
for human resources or hiring staff, on
the skills veterans attain from serving
as veterans and the positive roles
veterans can play at such participating
company; and
(IV) mentorship programs involving
veterans working at such participating
company and unemployed veterans.
(iv) Additional categories.--For any
classification group determined appropriate by
the Secretary, the Secretary may add any
additional category that such Secretary
determines to be representative of overall
positive treatment of workers in the United
States, including--
(I) the implementation and use of
initiatives or practices to promote
diversity and employment of women;
(II) the demonstration of pay
parity for men and women of equivalent
levels of employment performing
equivalent work; and
(III) the implementation of worker
support programs, including--
(aa) retirement plans;
(bb) paid family and
medical leave insurance;
(cc) development programs,
such as job training courses or
assistance with attaining a
higher education degree; and
(dd) work schedule
flexibility.
(B) Priority of categories.--In scoring each
participating company, the Secretary shall weigh the
categories described in subparagraph (A) by offering
the greatest number of points for performance under
clauses (i), (ii), and (iii) of such subparagraph, with
performance under each such clause receiving an equal
weight, and the least number of points for performance
under clause (iv) of such subparagraph.
(e) America Star Designation.--
(1) In general.--Upon scoring each participating company,
the Secretary shall, if appropriate, designate participating
companies, within each classification group receiving the
highest, or relatively high, scores or otherwise demonstrating
exceptional support for workers in the United States based on
performance in the categories under subsection (d)(2).
(2) Number of designations.--For each calendar year, the
Secretary shall determine the number of participating companies
to designate as America Star companies within each
classification group determined under subsection (c).
(3) Deadline.--On Labor Day of each calendar year, the
Secretary shall announce the companies to be designated as
America Star companies.
(f) Marketing; Advertising.--
(1) Program.--The Secretary shall annually market the
America Star program through a webpage, on the website of the
Department of Labor, that includes--
(A) general information describing the America Star
program;
(B) the relevant information for applying to such
program, including the application process, the
ineligibility criteria, any deadlines under subsection
(b), and how to submit such application; and
(C) a list of companies designated under subsection
(e) as America Star companies for each previous
calendar year.
(2) Awards.--
(A) In general.--The Secretary shall design a label
for designation as an America Star company.
(B) Permissible uses.--An America Star company may,
subject to subparagraph (C)(i), use a label designed
under subparagraph (A) for advertising purposes by
displaying such label next to the logo for such
company.
(C) Impermissible uses.--
(i) Recipient companies.--An America Star
company may not use a label designed under
subparagraph (A) to advertise a specific
product.
(ii) Nonrecipient companies.--A company
that is not designated as an America Star
company under subsection (e) may not use a
label designed under subparagraph (A) for any
purpose.
(3) Enforcement by federal trade commission.--
(A) Unfair or deceptive act or practice.--A
violation of paragraph (2)(C)(ii) shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice described under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Powers of commission.--
(i) In general.--The Federal Trade
Commission shall enforce this subsection in the
same manner, by the same means, and with the
same jurisdiction, powers, and duties as though
all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of
this subsection.
(ii) Privileges and immunities.--Any person
who violates this subsection shall be subject
to the penalties and entitled to the privileges
and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(iii) Rulemaking.--The Federal Trade
Commission may promulgate standards and rules
to carry out this subsection in accordance with
section 553 of title 5, United States Code. | America Star Act This bill directs the Secretary of Labor to establish within the Department of Labor a voluntary America Star program under which the Secretary annually shall designate certain companies, based on specified performance categories, as America Star companies for their support for the U.S. workforce. Companies are ineligible to participate in the program if they commit serious, repeated, or willful violations of specified federal labor law. The Secretary shall: (1) market the America Star program annually to the public through the Department's website, and (2) design a label for designated America Star companies to use by displaying it next to the company's logo. The Federal Trade Commission shall treat as an unfair or deceptive practice the use of a label by a company not designated as an America Star company in violation with the requirements of this Act. | {"src": "billsum_train", "title": "America Star Act"} | 2,350 | 173 | 0.663236 | 1.70416 | 0.785398 | 2.229299 | 13.611465 | 0.904459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Travelers Bill of
Rights Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Site operator.--The term ``site operator'' means an
individual or entity that operates a Web site that provides
access to international travel services. Such term includes an
overseas vacation destination or a third party that operates a
Web site that offers international travel services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) International travel services.--The term
``international travel services'' means a service that a
consumer can use to reserve lodging at an overseas vacation
destination.
(4) Overseas vacation destination.--The term ``overseas
vacation destination'' means a resort, hotel, retreat, hostel,
or any other similar lodging outside the United States.
(5) United states.--The term ``United States'' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY
RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS.
(a) In General.--A site operator, in a manner in compliance with
regulations issued by the Commission and with the requirements of this
Act, shall provide information on its Web site to consumers in a clear
and conspicuous manner regarding the potential health and safety risks
associated with overseas vacation destinations marketed on its Web
site, if any, including the following:
(1) Information compiled by the Department of State,
including Department of State country-specific travel warnings
and alerts.
(2) Information regarding the onsite health and safety
services that are available to consumers at each overseas
vacation destination, including whether the destination--
(A) employs or contracts with a physician or nurse
on the premises to provide medical treatment for
guests;
(B) employs or contracts with personnel, other than
a physician, nurse, or lifeguard, on the premises who
are trained in cardiopulmonary resuscitation;
(C) has an automated external defibrillator and
employs or contracts with 1 or more individuals on the
premises trained in its use; and
(D) employs or contracts with 1 or more lifeguards
on the premises trained in cardiopulmonary
resuscitation, if the overseas vacation destination has
swimming pools or other water-based activities on its
premises, or in areas under its control for use by
guests.
(b) Services Not Available 24 Hours a Day.--If the onsite health
and safety services at an overseas vacation destination are not
available 24 hours a day, 7 days a week, the site operator shall
display the hours and days of availability on its Web site in a clear
and conspicuous manner.
(c) Information Not Available.--If the onsite health and safety
services described in subsection (a)(2) are not available at an
overseas vacation destination, or if the site operator does not possess
information on the onsite health and safety services required to be
displayed on its Web site, the site operator shall display in a clear
and conspicuous manner the following: ``This destination does not
provide certain health and safety services, or information regarding
such services is not available. Travel to this destination may pose an
increased risk to your health or safety.''.
SEC. 4. CONSUMER COMPLAINTS.
(a) Suspension.--A site operator shall establish a process under
which an overseas vacation destination will be suspended from its Web
site as a result of complaints from consumers to the site operator
regarding poor medical care, unsafe or unsanitary facilities, or other
health-related issues with respect to such destination.
(b) Public Availability.--A site operator shall make all complaints
submitted by consumers publicly available on its Web site and may
modify the contents of such complaints at the request of the
complainant or may remove offensive language and personal
identification information.
SEC. 5. ENFORCEMENT.
(a) In General.--A violation of any provision of this Act shall be
treated as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce
this Act in the same manner, by the same means, and with the same
jurisdiction as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this Act.
(b) Deadline for Issuance of Regulations.--The Commission shall
issue regulations to carry out this Act not later than 6 months after
the date of the enactment of this Act. | International Travelers Bill of Rights Act of 2009 - Defines "site operator" as an individual or entity that operates a website providing access to international travel services, including an overseas vacation destination or a third party that operates a website offering international travel services.
Requires a site operator to provide information in a clear and conspicuous way on its website regarding the health and safety risks of overseas vacation destinations marketed on the site, including the onsite health and safety services available and, if those services are not available 24 hours a day, the hours the services are available, if known.
Requires a site operator to: (1) establish a process under which an overseas vacation destination will be suspended from its website as a result of consumer complaints regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues; and (2) make all such complaints publicly available on its website. Allows an operator to modify complaints at the request of the complainant and to remove offensive language and personal identification.
Treats a violation as an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site."} | 1,071 | 240 | 0.644355 | 1.933693 | 0.922882 | 3.943925 | 4.46729 | 0.925234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audit of the IRS Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that the General Accounting Office cannot attest
to the reliability of the Internal Revenue Service's financial
statements because--
(1) the amount of total revenue and tax refunds could not
be verified or reconciled to accounting records maintained for
individual taxpayers in the aggregate;
(2) the amounts reported for various types of taxes
collected, such as social security, income, and excise taxes,
could not be substantiated;
(3) the reliability of reported estimates for valid
accounts receivable and for collectible accounts receivable
could not be determined;
(4) a significant portion of the Internal Revenue Service's
reported nonpayroll operating expenses could not be verified;
and
(5) amounts reported as appropriations available for
operations could not be reconciled fully with the Treasury
Department's central accounting records, and hundreds of
millions of dollars in differences were identified.
SEC. 3. INDEPENDENT AUDIT OF THE INTERNAL REVENUE SERVICE.
(a) In General.--The Secretary of the Treasury shall cause to be
conducted an audit of the Internal Revenue Service. Such audit shall be
conducted by an independent external auditor selected by the Secretary
in accordance with subsection (b).
(b) Selection of Independent External Auditor.--The independent
external auditor shall be selected from among the large, national
accounting firms determined by the Secretary to be capable of providing
the audit required by this section pursuant to a process by which the
Secretary invites such firms to submit a proposal for such audit,
together with a bid.
(c) Initiation of Audit.--Not later than 60 days after the date of
the enactment of this Act, the independent external auditor selected to
conduct the audit required by this section shall begin such audit.
(d) Auditing Procedures.--
(1) In general.--The audit under subsection (a) shall be
conducted in accordance with generally accepted auditing
principles. The independent external auditor shall consider the
deficiencies described in section 2 as well as effectiveness of
accounting organizations and systems, internal audit and
control, and related administrative practices of the Internal
Revenue Service.
(2) Access to information.--
(A) Information given by the internal revenue
service.--The Internal Revenue Service shall give the
independent external auditor the information such
auditor requires about the duties, powers, activities,
organization, and financial transactions of the
Internal Revenue Service. The independent external
auditor may inspect an agency record to obtain such
information.
(B) Books, papers, personnel, etc.--The independent
external auditor shall have such access to the
personnel and to the books, papers, and other
information of the Internal Revenue Service as such
auditor considers necessary or appropriate to conduct
the audit required by this section.
(e) Protection of Information.--
(1) Level of protection.--The independent external auditor
shall maintain the same level of confidentiality for a record
made available under this section as is required of the
Director of the Internal Revenue Service. Officers and
employees of the independent external auditor shall be subject
to the same statutory penalties for unauthorized disclosure or
use of any such record as officers or employees of the Internal
Revenue Service.
(2) Personnel privacy.--The independent external auditor
shall keep information described in section 552(b)(6) of title
5, United States Code, that such auditor obtains in a way that
prevents unwarranted invasions of personal privacy.
(3) Providing information to congress.--This section does
not authorize information to be withheld from Congress.
(f) Report of Results of Audit.--Not later than one year after the
initiation of the audit required by this section, the independent
external auditor shall submit a report concerning the results of the
audit conducted under this section to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate.
(g) Funding.--
(1) In general.--Except as provided by paragraph (2),
amounts appropriated to the Internal Revenue Service shall be
available to carry out this section.
(2) Exceptions.--Amounts made available to the Internal
Revenue Service for the following shall not be available to
carry out this section:
(A) To maintain a training program to ensure that
Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with the
taxpayers, and in cross-cultural relations.
(B) The Tax Counseling for the Elderly Program. | Audit of the IRS Act of 1997 - Directs the Secretary of the Treasury to arrange for an audit of the Internal Revenue Service by an independent external auditor. Sets forth provisions concerning: (1) selection of the auditor; (2) audit procedures; (3) confidentiality; (4) reporting audit results; and (5) funding the audit. | {"src": "billsum_train", "title": "Audit of the IRS Act of 1997"} | 963 | 65 | 0.591517 | 1.395276 | 0.87423 | 2.915493 | 12.859155 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Justice Improvement Act of
2013''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES ON CERTAIN OFFENSES WITH
AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN
ONE YEAR.
(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3), the Secretary of Defense shall
require the Secretaries of the military departments to
provide for the determination under section 830(b) of
such chapter (article 30(b) of the Uniform Code of
Military Justice) on whether to try such charges by
court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3) against a member of the Coast Guard
(when it is not operating as a service in the Navy),
the Secretary of Homeland Security shall provide for
the determination under section 830(b) of such chapter
(article 30(b) of the Uniform Code of Military Justice)
on whether to try such charges by court-martial as
provided in paragraph (4).
(2) Covered offenses.--An offense specified in this
paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice),
that is triable by court-martial under that chapter for
which the maximum punishment authorized under that
chapter includes confinement for more than one year.
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform
Code of Military Justice).
(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform
Code of Military Justice).
(D) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 917 of
title 10, United States Code (articles 83 through 117
of the Uniform Code of Military Justice).
(B) An offense under section 933 or 934 of title
10, United States Code (articles 133 and 134 of the
Uniform Code of Military Justice).
(C) A conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881
of title 10, United States Code (article 81 of the
Uniform Code of Military Justice).
(D) A solicitation to commit an offense specified
in subparagraph (A) or (B) as punishable under section
882 of title 10, United States Code (article 82 of the
Uniform Code of Military Justice).
(E) An attempt to commit an offense specified in
subparagraph (A) through (D) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(4) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) The determination whether to try such charges
by court-martial shall be made by a commissioned
officer of the Armed Forces designated in accordance
with regulations prescribed for purposes of this
subsection from among commissioned officers of the
Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial
counsel under section 827 of title 10, United
States Code (article 27 of the Uniform Code of
Military Justice);
(ii) have significant experience in trials
by general or special court-martial; and
(iii) are outside the chain of command of
the member subject to such charges.
(B) Upon a determination under subparagraph (A) to
try such charges by court-martial, the officer making
that determination shall determine whether to try such
charges by a general court-martial convened under
section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice), or a special
court-martial convened under section 823 of title 10,
United States Code (article 23 of the Uniform Code of
Military Justice).
(C) A determination under subparagraph (A) to try
charges by court-martial shall include a determination
to try all known offenses, including lesser included
offenses.
(D) The determination to try such charges by court-
martial under subparagraph (A), and by type of court-
martial under subparagraph (B), shall be binding on any
applicable convening authority for a trial by court-
martial on such charges.
(E) The actions of an officer described in
subparagraph (A) in determining under that subparagraph
whether or not to try charges by court-martial shall be
free of unlawful or unauthorized influence or coercion.
(F) The determination under subparagraph (A) not to
proceed to trial of such charges by general or special
court-martial shall not operate to terminate or
otherwise alter the authority of commanding officers to
refer such charges for trial by summary court-martial
convened under section 824 of title 10, United States
Code (article 24 of the Uniform Code of Military
Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military
Justice).
(5) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that allege
an offense triable by court-martial under that chapter for
which the maximum punishment authorized under that chapter
includes confinement for one year or less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security
(with respect to the Coast Guard when it is not
operating as a service in the Navy) shall revise
policies and procedures as necessary to comply with
this subsection.
(B) Uniformity.--The General Counsel of the
Department of Defense and the General Counsel of the
Department of Homeland Security shall jointly review
the policies and procedures revised under this
paragraph in order to ensure that any lack of
uniformity in policies and procedures, as so revised,
among the military departments and the Department of
Homeland Security does not render unconstitutional any
policy or procedure, as so revised.
(7) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this subsection.
(b) Effective Date and Applicability.--Subsection (a), and the
revisions required by that subsection, shall take effect on the date
that is 180 days after the date of the enactment of this Act, and shall
apply with respect to charges preferred under section 830 of title 10,
United States Code (article 30 of the Uniform Code of Military
Justice), on or after such effective date.
SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND
SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) the officers in the offices established pursuant to
section 3(c) of the Military Justice Improvement Act of 2013 or
officers in the grade of O-6 or higher who are assigned such
responsibility by the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, or the Commandant of the Coast
Guard, but only with respect to offenses to which section
2(a)(1) of the Military Justice Improvement Act of 2013
applies;''.
(b) No Exercise by Officers in Chain of Command of Accused or
Victim.--Such section (article) is further amended by adding at the end
the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a
court-martial under this section if the officer is in the chain of
command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial
under sections 822 and 823 of title 10, United States
Code (articles 22 and 23 of the Uniform Code of
Military Justice), pursuant to paragraph (8) of section
822(a) of title 10, United States Code (article 22(a)
of the Uniform Code of Military Justice), as so
amended, with respect to offenses to which section
2(a)(1) applies.
(B) To detail under section 825 of title 10, United
States Code (article 25 of the Uniform Code of Military
Justice), members of courts-martial convened as
described in subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the Armed
Forces and civilian personnel of the Department of Defense, or
such members of the Coast Guard or civilian personnel of the
Department of Homeland Security, as may be detailed or assigned
to the office by the Chief of Staff or Commandant concerned.
The members and personnel so detailed or assigned, as the case
may be, shall be detailed or assigned from personnel billets in
existence on the date of the enactment of this Act.
SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES.
(a) In General.--The Secretaries of the military departments and
the Secretary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall carry out
sections 2 and 3 (and the amendments made by section 3) using
personnel, funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or Resources.--
Sections 2 and 3 (and the amendments made by section 3) shall not be
construed as authorizations for personnel, personnel billets, or funds
for the discharge of the requirements in such sections.
SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON
COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND
ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 576(d)(2) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
sections 2 through 4 of the Military Justice Improvement Act of
2013, and the amendments made by such sections.''. | Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to direct the Secretaries of Defense (DOD) and Homeland Security (DHS) to require the Secretaries of the military departments to modify the process for determining whether to try by court-martial a member accused of: (1) certain UCMJ offenses for which the maximum punishment includes confinement for more than one year; or (2) a conspiracy, solicitation, or attempt to commit such offenses. Requires courts-martial determinations for such offenses to be made by a commissioned officer available for detail as trial counsel who is outside the chain of command of the member subject to the charges. (Currently, courts-martial decisions are made by commanding officers of accused members.) Excludes from the revised procedures that require counsel outside the chain of command to make such courts-martial determinations certain UCMJ offenses relating specifically to military service, including absence without leave, insubordination, and aiding the enemy. Prohibits an outside counsel's determination not to proceed to trial by general or special court-martial from altering the authority of commanding officers to: (1) refer noncapital offenses to summary courts-martial with limits on the punishments that may be imposed; or (2) impose non-judicial admonitions, reprimands, or disciplinary punishment for minor offenses. Requires military chiefs of staff to establish offices to convene general and special courts-martial. Prohibits officers in the chain of command of an accused or a victim from detailing members to serve on a resulting trial by court-martial. | {"src": "billsum_train", "title": "Military Justice Improvement Act of 2013"} | 2,666 | 368 | 0.542691 | 1.70854 | 0.874047 | 2.765101 | 8.312081 | 0.865772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Tolerance for Terror Act''.
SEC. 2. STATEMENT OF POLICY AND SENSE OF CONGRESS WITH RESPECT TO
IRANIAN ENTITIES AND INDIVIDUALS ENGAGED IN BALLISTIC
MISSILE PROLIFERATION OR TERRORISM.
(a) Statement of Policy.--It shall be the policy of the United
States, in interpreting the Joint Comprehensive Plan of Action (JCPOA),
and any other related agreement, that--
(1) any action by the Government of Iran to treat the
legitimate imposition of sanctions by the United States or its
international partners based on support for terrorism, abuses
of human rights, or Iran's ballistic missile activities as
grounds to cease performing on its commitments under the JCPOA
in whole or in part would not be valid and would be
inconsistent with the terms of the JCPOA; and
(2) nothing in the JCPOA limits or curtails the ability of
Congress to pass additional sanctions legislation to address
Iranian terrorism activities, human rights violations, and
ballistic missile activities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of the Treasury's Office of Foreign
Assets Control should be fully funded to ensure strict
enforcement of sanctions against Iranian actors in the areas of
ballistic missile proliferation and terrorism, and to ensure
effective re-imposition of sanctions in the event of violation
or breach by Iran of the JCPOA; and
(2) Iran should continue to be prohibited from undertaking
any activity related to ballistic missiles capable of
delivering nuclear weapons, including launches using ballistic
missile technology, and United Nations member states should
take all necessary measures to prevent the transfer of
technology or technical assistance to Iran related to such
activities.
SEC. 3. EXPEDITED CONSIDERATION OF NEW TERRORISM AND MISSILE-RELATED
SANCTIONS AGAINST IRAN.
(a) Determination.--If the President determines that a person or
entity--
(1) commits an act of international terrorism, at the
direction of an official of the Government of Iran, that
threatens the security of nationals of the United States or the
national security, foreign policy, or economy of the United
States,
(2) knowingly assists in, sponsors, or provides financial,
material, or technological support for, or financial or other
services to or in support of--
(A) an act described in paragraph (1),
(B) a foreign terrorist organization that receives
financial support from the Government of Iran, or
(3) commits an act in violation of United Nations Security
Council Resolution 1929 before Implementation Day, or an act in
violation of United Nations Security Council Resolution 2231
after Implementation Day, to undertake any activity related to
ballistic missiles capable of delivering nuclear weapons,
including launches using such ballistic missile technology,
the President shall immediately notify Congress.
(b) Qualifying Legislation Defined.--For purposes of this section,
the term ``qualifying legislation'' means only a bill of either House
of Congress that authorizes or requires the President to impose
sanctions on a person or entity with respect to which the President
notifies Congress of a determination under subsection (a).
(c) Introduction.--During the 60-calendar day period after the
President notifies Congress of a determination under subsection (a),
qualifying legislation may be introduced--
(1) in the House of Representatives, by the Majority Leader
or the Minority Leader; and
(2) in the Senate, by the Majority Leader (or the Majority
leader's designee) or the Minority Leader (or the Minority
Leader's designee).
(d) Floor Consideration in House of Representatives.--
(1) Reporting and discharge.--If a committee of the House
to which qualifying legislation has been referred has not
reported such qualifying legislation within 10 legislative days
after the date of referral, that committee shall be discharged
from further consideration thereof.
(2) Proceeding to consideration.--Beginning on the third
legislative day after each committee to which qualifying
legislation has been referred reports it to the House or has
been discharged from further consideration thereof, it shall be
in order to move to proceed to consider the qualifying
legislation in the House. All points of order against the
motion are waived. Such a motion shall not be in order after
the House has disposed of a motion to proceed on the qualifying
legislation with regard to the same agreement. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the motion
is disposed of shall not be in order.
(3) Consideration.--The qualifying legislation shall be
considered as read. All points of order against the qualifying
legislation and against its consideration are waived. The
previous question shall be considered as ordered on the
qualifying legislation to final passage without intervening
motion except two hours of debate equally divided and
controlled by the sponsor of the qualifying legislation (or a
designee) and an opponent. A motion to reconsider the vote on
passage of the qualifying legislation shall not be in order.
(e) Consideration in the Senate.--
(1) Committee referral.--Qualifying legislation introduced
in the Senate shall be referred to the Committee on Foreign
Relations.
(2) Reporting and discharge.--If the Committee on Foreign
Relations has not reported such qualifying legislation within
10 session days after the date of referral of such legislation,
that committee shall be discharged from further consideration
of such legislation and the qualifying legislation shall be
placed on the appropriate calendar.
(3) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any time
after the committee authorized to consider qualifying
legislation reports it to the Senate or has been discharged
from its consideration (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of qualifying legislation, and all points of
order against qualifying legislation (and against consideration
of the qualifying legislation) are waived. The motion to
proceed is not debatable and shall be subject to a 60-vote
affirmative threshold for adoption. The motion is not subject
to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
qualifying legislation is agreed to, the qualifying legislation
shall remain the unfinished business until disposed of.
(4) Debate.--Debate on qualifying legislation, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between the Majority and Minority Leaders or their
designees. A motion to further 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 qualifying legislation is not in order.
(5) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate.
(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
qualifying legislation shall be decided without debate.
(7) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to qualifying legislation,
including all debatable motions and appeals in connection with
such qualifying legislation, shall be limited to 10 hours, to
be equally divided between, and controlled by, the majority
leader and the Minority Leader or their designees.
(f) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of qualifying legislation of that
House, that House receives qualifying legislation from the
other House, then the following procedures shall apply:
(A) The qualifying legislation of the other House
shall not be referred to a committee.
(B) With respect to qualifying legislation of the
House receiving the legislation--
(i) the procedure in that House shall be
the same as if no qualifying legislation had
been received from the other House; but
(ii) the vote on passage shall be on the
qualifying legislation of the other House.
(2) Treatment of a bill of other house.--If one House fails
to introduce qualifying legislation under this section, the
qualifying legislation of the other House shall be entitled to
expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the qualifying legislation in the Senate, the Senate then
receives a companion measure from the House of Representatives,
the companion measure shall not be debatable.
(4) Application to revenue measures.--The provisions of
this subsection shall not apply in the House of Representatives
to qualifying legislation which is a revenue measure.
(g) Definitions.--In this section:
(1) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
SEC. 4. DEFINITIONS.
In this Act:
(1) Joint comprehensive plan of action; jcpoa.--The term
``Joint Comprehensive Plan of Action'' or ``JCPOA'' means the
Joint Comprehensive Plan of Action signed at Vienna on July 14,
2015, by Iran and by France, Germany, the Russian Federation,
the People's Republic of China, the United Kingdom, and the
United States, and all implementing materials and agreements
related to the Joint Comprehensive Plan of Action.
(2) Implementation day.--The term ``Implementation Day''
has the meaning given that term by the Joint Comprehensive Plan
of Action. | Zero Tolerance for Terror Act This bill expresses the sense of Congress that: the Department of the Treasury's Office of Foreign Assets Control should be fully funded to ensure strict sanctions enforcement against Iran in the areas of ballistic missile proliferation and terrorism, and to ensure effective re-imposition of sanctions in the event of Iran's violation of the Joint Comprehensive Plan of Action; and Iran should continue to be prohibited from undertaking any activity related to ballistic missiles capable of delivering nuclear weapons, and United Nations member states should take measures to prevent the related transfer of technology or technical assistance to Iran. The President shall notify Congress if any person or entity: commits an act of international terrorism at the direction of an official of the government of Iran that threatens the security of U.S. nationals or the national security, foreign policy, or economy of the United States; knowingly assists in, sponsors, or provides financial, material, or technological support for, or financial or other services to or in support of such an act, or a foreign terrorist organization that receives financial support from Iran; or commits an act in violation of specified Security Council resolutions relating to ballistic missiles capable of delivering nuclear weapons. During the 60-day period after such notification legislation may be introduced in the Senate or the House of Representatives authorizing or requiring the President to impose sanctions on an identified person or entity. Congressional procedural requirements are set forth. | {"src": "billsum_train", "title": "Zero Tolerance for Terror Act"} | 2,241 | 309 | 0.741866 | 2.125331 | 0.868206 | 5.315217 | 7.423913 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Medicaid Drug Payment Act of
2007''.
SEC. 2. PROVIDING ADEQUATE PHARMACY REIMBURSEMENT UNDER MEDICAID.
(a) Pharmacy Reimbursement Limits.--
(1) In general.--Section 1927(e) of the Social Security Act
(42 U.S.C. 1396r-8(e)) is amended--
(A) in paragraph (4), by striking ``(or, effective
January 1, 2007, two or more)''; and
(B) by striking paragraph (5) and inserting the
following:
``(5) Use of amp in upper payment limits.--The Secretary
shall calculate the Federal upper reimbursement limit
established under paragraph (4) as no less than 300 percent of
the weighted average (determined on the basis of utilization)
of the most recent average manufacturer prices for
pharmaceutically and therapeutically equivalent multiple source
drug products that are available for purchase by retail
community pharmacies on a nationwide basis. The Secretary shall
implement a smoothing process for average manufacturer prices
to ensure that Federal upper reimbursement limits do not vary
significantly from month to month as a result of rebates,
discounts, and other pricing practices. Such process shall be
similar to the smoothing process used in determining the
average sales price of a drug or biological under section
1847A.''.
(2) Definition of amp.--Section 1927(k)(1) of such Act (42
U.S.C. 1396r-8(k)(1)) is amended--
(A) in subparagraph (A), by striking ``by'' and all
that follows through the period and inserting ``by--
``(i) wholesalers for drugs distributed to
retail community pharmacies; and
``(ii) retail community pharmacies that
purchase drugs directly from the
manufacturer.''; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
striking ``extended to wholesalers'' and
inserting ``and other payments''; and
(ii) by striking ``regard to'' and all that
follows through the period and inserting
``regard to--
``(i) customary prompt pay discounts
extended to wholesalers;
``(ii) bona fide service fees paid by
manufacturers to wholesalers or retail
community pharmacies, including (but not
limited to) distribution service fees,
inventory management fees, product stocking
allowances, and fees associated with
administrative services agreements and patient
care programs (such as medication compliance
programs and patient education programs);
``(iii) reimbursement by manufacturers for
recalled, damaged, expired, or otherwise
unsalable returned goods, including (but not
limited to) reimbursement for the cost of the
goods and any reimbursement of costs associated
with return goods handling and processing,
reverse logistics, and drug destruction;
``(iv) payments received from, and rebates
or discounts provided to, pharmacy benefit
managers, managed care organizations, health
maintenance organizations, insurers, hospitals,
clinics, mail order pharmacies, long term care
providers, manufacturers, or any other entity
that does not conduct business primarily as a
wholesaler or a retail community pharmacy;
``(v) any payments made by manufacturers
that are associated with drugs dispensed by
retail community pharmacies; and
``(vi) any other discounts, rebates,
payments, or other financial transactions that
are not received by, paid by, or passed through
to, retail community pharmacies.''.
(3) Definition of multiple source drug.--Section
1927(k)(7)(A)(i) of such Act (42 U.S.C. 1396r-8(k)(7)(A)(i)) is
amended--
(A) in the matter preceding subclause (I), by
striking ``there at least 1 other drug product'' and
inserting ``there are at least 2 other drug products'';
and
(B) in subclauses (I), (II), and (III), by striking
``is'' each place it appears and inserting ``are''.
(4) Definitions of retail community pharmacy; wholesaler.--
Section 1927(k) of such Act (42 U.S.C. 1396r-8(k)) is amended
by adding at the end the following new paragraphs:
``(10) Retail community pharmacy.--The term `retail
community pharmacy' means a traditional independent pharmacy,
traditional chain pharmacy, a supermarket pharmacy, or a mass
merchandiser pharmacy that is licensed as a pharmacy by a State
and that dispenses medications to the general public at retail
prices. Such term does not include a pharmacy that dispenses
prescription medications to patients primarily through the
mail, nursing home pharmacies, long-term care facility
pharmacies, hospital pharmacies, clinics, charitable or not-
for-profit pharmacies, government pharmacies, or pharmacy
benefit managers.
``(11) Wholesaler.--The term `wholesaler' means a drug
wholesaler that is licensed as a wholesaler by a State and that
is engaged in wholesale distribution of prescription drugs to
retail community pharmacies, including (but not limited to)
manufacturers, repackers, own-label distributors, private-label
distributors, jobbers, brokers, warehouses (including
manufacturer's and distributor's warehouses, chain drug
warehouses, and wholesale drug warehouses) independent
wholesale drug traders, and retail pharmacies that conduct
wholesale distributions.''.
(b) Requirements of Prior Authorization Programs.--Section
1927(d)(5) of such Act (42 U.S.C. 1396r-8(d)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``of the drug before its dispensing for any medically accepted
indication (as defined in subsection (k)(6)) only if the system
providing for such approval'' and inserting ``by the State of
the use of the drug before its dispensing for any medically
accepted indication (as defined in subsection (k)(6)). A State
plan under this title shall, as a condition of coverage or
payment for a covered outpatient drug for which Federal
financial participation is available in accordance with this
section, subject to prior authorization all covered outpatient
drug products that are innovator multiple source drugs if such
drug products are more expensive than other biologically and
therapeutically equivalent drug products that are available for
purchase in that State by retail community pharmacies. The
system providing for such approval shall'';
(2) in each of subparagraphs (A) and (B), by striking
``provides'' and inserting ``provide'';
(3) by redesignating subparagraphs (A) and (B) (as so
amended) as subparagraphs (C) and (D), respectively; and
(4) by inserting before subparagraph (C) (as so
redesignated), the following new subparagraphs:
``(A) require the prescriber to request prior
authorization by substantiating the medical necessity
of dispensing the covered outpatient drug as opposed to
dispensing a substitute covered outpatient drug;
``(B) require that a prior authorization number
assigned to the approved request by the State be
included on the order for the covered outpatient drug
issued by the prescriber or relayed to the dispensing
pharmacist by the prescriber if the prescription is
orally transmitted;''.
(c) Disclosure of Price Information to the Public.--Section
1927(b)(3) of such Act (42 U.S.C. 1396r-8(b)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), in the matter preceding
subclause (I), by inserting ``month of a'' after
``each''; and
(B) in the last sentence, by striking ``and
shall,'' and all that follows through the period; and
(2) in subparagraph (D)--
(A) in clause (iii), by inserting ``and'' after the
comma;
(B) in clause (iv), by striking ``, and'' and
inserting a period; and
(C) by striking clause (v).
(d) Technical Amendment.--Section 1927(d)(1) of such Act (42 U.S.C.
1396r-8(d)(1)) is amended in the paragraph heading by inserting ``and
mandatory'' after ``permissible''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect as if
included in the enactment of the Deficit Reduction Act of 2005
(Public Law 109-171).
(2) Exception.--The amendments made by subsection (b) shall
take effect on the date that is 180 days after the date of
enactment of this Act. | Fair Medicaid Drug Payment Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to calculate the federal upper reimbursement limit as no less than 300% of the weighted average (based on utilization) of the most recent average manufacturer prices (AMPs) for pharmaceutically and therapeutically equivalent multiple source drug products available for purchase by retail community pharmacies on a nationwide basis. Directs the Secretary to implement a smoothing process for AMPs to ensure that federal upper reimbursement limits do not vary significantly from month to month as a result of rebates, discounts, and other pricing practices.
Requires a state plan to subject to prior authorization all covered outpatient drug products that are innovator multiple source drugs, if such drug products are more expensive than other biologically and therapeutically equivalent drug products available for purchase in that state by retail community pharmacies.
Revises requirements for monthly reports to the Secretary of price information by manufacturers subject to rebate agreements. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to ensure that individuals eligible for medical assistance under the Medicaid program continue to have access to prescription drugs, and for other purposes."} | 2,011 | 217 | 0.644559 | 1.809637 | 0.814989 | 5.129032 | 9.306452 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Consideration of Proposed
Rescissions Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
sections:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress a
special message proposing to rescind amounts of budget
authority provided in that Act and include with that special
message a draft bill or joint resolution that, if enacted,
would only rescind that budget authority.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill or joint
resolution for accounts within the jurisdiction of each such
subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
``(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
``(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
``(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
``(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
``(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) continuity of a session of either House of Congress
shall be considered as broken only by an adjournment of that
House sine die, and the days on which that House is not in
session because of an adjournment of more than 3 days to a date
certain shall be excluded in the computation of any period.
``expedited consideration of certain proposed repeals of tax
expenditures
``Sec. 1013A. (a) Proposed Repeal of Tax Expenditure.--The
President may propose, at the time and in the manner provided in
subsection (b), the repeal of any provision in an Act that would result
in a tax expenditure.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 days after the date of enactment
into law of an Act containing a provision described in
subsection (a), the President may transmit to Congress a
special message proposing to repeal any such provision
contained in that Act and include with that special message a
draft bill or joint resolution that, if enacted, would repeal
such provision.
``(2) Each special message shall include, with respect to
the provision proposed to be repealed, a budget analysis of
such provision.
``(c) Procedures for Expedited Consideration.--Each special message
transmitted pursuant to subsection (b) shall be considered in
accordance with the procedures provided for special messages in section
1013(d).
``(d) Definition.--For purposes of this section, the term `tax
expenditure' shall have the meaning given such term in section 3(3) of
the Congressional Budget Act of 1974.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, 1013A, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013, 1013A, and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. TERMINATION.
The authority provided by section 1013 and 1013A of the
Congressional Budget and Impoundment Control Act of 1974 (as added by
section 2) shall terminate effective on the date in 1994 on which
Congress adjourns sine die.
S 740 IS----2 | Expedited Consideration of Proposed Recissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President an additional method of rescinding budget authority.
Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriations Act.
Requires that such special message be transmitted not later than three days after the President approves the appropriation bill or revenue Act and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such proposals.
Allows the President to transmit to the Congress, for expedited consideration, one or more special messages proposing to repeal any provision in an Act that would result in a tax expenditure. | {"src": "billsum_train", "title": "Expedited Consideration of Proposed Rescissions Act of 1993"} | 3,105 | 218 | 0.67271 | 1.808866 | 0.828982 | 2.763314 | 16.615385 | 0.893491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Corps Act of 1993''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) conserving or developing natural and cultural resources
and enhancing and maintaining environmentally important lands
and waters through the use of the Nation's young men and women
in a Public Lands Corps can benefit those men and women by
providing them with education and work opportunities,
furthering their understanding and appreciation of the natural
and cultural resources, and providing a means to pay for higher
education or to repay indebtedness they have incurred to obtain
higher education while at the same time benefiting the Nation's
economy and its environment;
(2) many facilities and natural resources located on public
lands and on Indian reservations are in disrepair or degraded
and in need of labor intensive rehabilitation, restoration, and
enhancement work which cannot be carried out by Federal
agencies at existing personnel levels; and.
(3) youth conservation corps have established a good record
of restoring and maintaining these kinds of facilities and
resources in a cost effective and efficient manner, especially
when they have worked in partnership arrangements with
government land management agencies.
(b) Purpose.--It is the purpose of this Act to--
(1) perform, in a cost-effective manner, conservation,
rehabilitation, restoration, and improvement work on public
lands and Indian lands where that work will not be performed by
existing employees, and to assist government and tribal land
managing agencies in performing research and public education
tasks associated with natural and cultural resources on public
lands;
(2) expose young men and women to public service while
furthering their understanding and appreciation of the nation's
natural and cultural resources;
(3) expand educational opportunity by rewarding individuals
who participate in national service with an increased ability
to pursue higher education or job training; and
(4) stimulate interest among the nation's young men and
women in conservation careers by exposing them to conservation
professionals in land managing agencies.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Corps'' means the Public Lands Corps
established under section 4.
(2) The term ``public lands'' means any lands or waters (or
interest therein) owned or administered by the United States
other than Indian lands.
(3) The term ``qualified youth or conservation corps''
means any program established by a State or local government,
by the governing body of any Indian tribe, or by a nonprofit
organization that--
(A) is capable of offering meaningful, full-time,
productive work for individuals between 16 and 25 years
of age in a natural or cultural resource setting;
(B) gives participants a mix of work experience,
basic and life skills, education, training, and support
services; and
(C) provides participants with the opportunity to
develop citizenship values and skills through service
to their community and the United States.
(4) The term ``Indian tribe'' means any Indian tribe, band,
nation, or other group which is recognized as an Indian tribe
by the Secretary of the Interior. Such term also includes any
Native village corporation, regional corporation, and Native
group established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1701 et seq.).
(5) The term ``Indian'' means a person who is a member of
an Indian tribe.
(6) The term ``Indian lands'' means any real property owned
by an Indian tribe, any real property held in trust by the
United States for Indian tribes, and any real property held by
Indian tribes which is subject to restrictions on alienation
imposed by the United States.
(7) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(8) The term ``conservation, restoration, or rehabilitation
project'' means any project for the conservation, restoration,
or rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
SEC. 4. PUBLIC LANDS CORPS PROGRAM.
(a) Establishment of Public Lands Corps.--There is hereby
established in the Department of the Interior and the Department of
Agriculture a Public Lands Corps. The Corps shall consist of young men
and women between the ages of 16 and 25 who are enrolled in the Corps
by the Secretary of the Interior or the Secretary of Agriculture under
this Act. Persons enrolled in the Corps shall be citizens or permanent
residents of the United States, or of any territory or possession of
the United States or of the Commonwealth of Puerto Rico who have
received a high school diploma or its equivalent or who agree to obtain
a high school diploma or its equivalent and who did not drop out of an
elementary or secondary school to enroll in the program. Such persons
shall be enrolled in the Corps without regard to the civil service and
classification laws, rules, or regulations of the United States.
(b) Qualified Youth or Conservation corps.--The Secretary of the
Interior and the Secretary of Agriculture are authorized to enter into
contracts and cooperative agreements with any qualified youth or
conservation corps to perform projects referred to in subsection (c).
(c) Projects to be Carried Out.--The Secretary of the Interior and
the Secretary of Agriculture may each utilize the Public Lands Corps or
any qualified youth or conservation corps to carry out any
conservation, restoration, or rehabilitation project which such
Secretary is authorized to carry out under other authority of law on
public lands or Indian lands.
(d) Preference for Certain Projects.--In selecting projects to be
carried out under this Act, a preference shall be provided for those
projects which--
(1) will provide long-term benefits to the public;
(2) will instill in the enrollee involved a work ethic and
a sense of public service;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, and environmental
education opportunities.
(e) Consistency.--All projects carried out under this Act on any
public lands or Indian lands shall be consistent with the provisions of
law and policies relating to the management and administration of such
lands, with all other applicable provisions of law, and with all
management, operational, and other plans and documents which govern the
administration of the area.
(f) Conservation Centers.--The Secretary of the Interior and the
Secretary of Agriculture are each authorized to provide such quarters,
board, medical care, transportation, and other services, facilities,
supplies, and equipment as such Secretary deems necessary in connection
with the programs carried out under this section and to establish and
use conservation centers owned and operated by such Secretary for
purposes of such programs. Each such Secretary may make arrangements
with the Secretary of Defense to have logistical support provided by a
military installation near any conservation center, where feasible,
including the provision of temporary tent shelters where needed,
transportation, and residential supervision. Such Secretaries shall
establish basic standards of health, nutrition, sanitation, and safety
for all conservation centers and shall assure that such standards are
enforced. Where necessary or appropriate, such Secretaries may enter
into contracts and other appropriate arrangements with State and local
government agencies and private organizations for the management of
such conservation centers.
SEC. 5. RESOURCE ASSISTANTS.
(a) Authorization.--The Secretary of the Interior and the Secretary
of Agriculture are each authorized to provide for the placement of
qualified college students or recent college graduates in any Federal
land managing agency under the jurisdiction of such Secretary as
resource assistants to carry out such research or other technical
functions on behalf of such agency as such Secretary deems appropriate.
Such persons shall be placed in the agency without regard to the civil
service and classification laws, rules, or regulations of the United
States. Resource assistants participating in the program established
under this section shall be recruited from colleges and universities
throughout the United States, with particular attention given to ensure
full representation of women and participants from historically black,
Hispanic, and Native American schools.
(b) Purposes.--The dual purposes of the Resource Assistant Program
established under this section are to--
(1) augment the work force of the Federal land managing
agencies through more extensive use of college students and
recent college graduates, and
(2) to enhance the college student or college graduate's
exposure to the conservation agency work place as a potential
career.
(c) Existing Nonprofit Organizations.--Whenever 1 or more existing
nonprofit organizations can, in the judgment of the agency, provide an
appropriate level and quality of program to fulfill the requirements of
this section, the agency is authorized and directed to implement this
section through such existing organizations.
(d) Private Sources of Funding.--Participating nonprofit
organizations shall contribute to the expenses of providing and
supporting the interns, through private sources of funding, at a level
equal to 25 percent of the total costs of each participant in the
Resource Assistant program who has been recruited and placed through
that organization. Any such participating nonprofit conservation
service organization shall be required, by the respective land managing
agency, to submit an annual report evaluating the scope, size, and
quality of the program, including the value of work contributed by the
Resource Assistants, to the mission of the agency.
SEC. 6. LIVING ALLOWANCES AND TERMS OF SERVICE FOR PARTICIPANTS.
(a) Living Allowances.--The Secretary of the Interior and the
Secretary of Agriculture shall provide each participant in the Public
Lands Corps and each Resource Assistant participating in the program
established under section 5 a living allowance which shall not exceed
the maximum living allowance established for participants in the
national service program established under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.)
(b) Terms of Service.--Each participant in the Public Lands Corps
and each Resource Assistant participating in the program established
under section 5 shall agree to participate in such program for a term
of service established by the Secretary of the Interior or the
Secretary of Agriculture, as the case may be, consistent with the terms
of service required in the case of participants in the national service
program established under the National and Community Service Act of
1990 (42 U.S.C. 12571 et seq.)
SEC. 7. EDUCATIONAL BENEFITS OR AWARDS FOR PARTICIPANTS.
(a) Educational Benefits and Awards.--Each participant in the
Public Lands Corps and each Resource Assistant participating in the
program established under section 5 shall be eligible for national
service awards under title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.) if such participant complies with
such requirements as may be established under this Act by the Secretary
of the Interior or the Secretary of Agriculture respecting eligibility
for such benefits and awards. The period during which such benefits or
awards may be used, the purposes for which such benefits or awards may
be used, and the amount of such benefits and awards shall be determined
as provided under such subtitle D.
(b) Forbearance in the Collection of Stafford Loans.--For purposes
of section 428 of the Higher Education Act of 1965, in the case of
borrowers who are participants in the Public Lands Corps and Resource
Assistants participating in the program established under section 5,
upon written request, a lender shall grant a borrower forbearance on
such terms as are otherwise consistent with the regulations of the
Secretary of Education, during periods in which the borrower is serving
as such a participant or Resource Assistant and eligible for a post
service educational benefit or award under subsection (a).
SEC. 8. NONDISPLACEMENT.
The nondisplacement requirements of section 177 of the National and
Community Service Act of 1990 (42 U.S.C. 12637) shall be applicable to
all activities carried out by the Public Lands Corps, to the program
carried out under section 6, and to all activities carried out under
this Act by a qualified youth or conservation corps.
SEC. 9. FUNDING.
(a) Cost Sharing.--
(1) Projects by qualified youth or conservation corps.--The
Secretary of the Interior and the Secretary of Agriculture are
each authorized to pay not more than 75 percent of the costs of
any project carried out pursuant to this Act on public lands by
a qualified youth or conservation corps. The remaining 25
percent of such costs may be provided from nonfederal sources
in the form of funds, services, facilities, materials,
equipment, or any combination of the foregoing. No cost sharing
shall be required in the case of any such project carried out
on Indian lands.
(2) Public Lands Corps.--A foundation associated with a
Federal land managing agency may contribute to the costs of any
project carried out by the Public Lands Corps established under
this Act, but nothing in this Act shall be construed to require
any cost sharing for any such project.
(b) Funds Available Under National and Community Service Act.--For
programs carried out under this section (including the Resource
Assistant Program), the Secretary of the Interior and the Secretary of
Agriculture shall be eligible to receive funds available to any corps
programs under the National and Community Service Act of 1990 (42
U.S.C. 12501 and following). Such funds shall be provided to such
Secretaries without regard to any restriction under section 122(b)(4)
of such Act, or under any other provision of such Act, relating to the
failure of a State to establish a corps program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Public Lands Corps Act of 1993 - Establishes a Public Lands Corps in the Departments of the Interior and Agriculture to carry out authorized conservation, restoration, and rehabilitation projects on public lands or Indian lands. Requires the Corps to consist of men and women between the ages of 16 and 25 with high school diplomas or the equivalent. Authorizes the Secretaries to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform the projects.
Sets forth provisions relating to: (1) preferred project characteristics; and (2) provision of facilities, services, and supplies and establishment of conservation centers for project programs.
Authorizes the Secretaries to provide for the placement of qualified college students or recent college graduates as Resource Assistants in Federal land managing agencies to carry out research or other technical functions. Declares that the purposes of the Resource Assistant Program are: (1) to augment the work force of the Federal land managing agencies through more extensive use of college students and recent college graduates; and (2) to enhance exposure to the conservation agency work place as a potential career. Directs the agency to implement the Program through existing nonprofit organizations if they can provide an appropriate level and quality of program. Requires participating nonprofit organizations to contribute 25 percent of the total costs of each Program participant recruited and placed through that organization.
Applies provisions of the National and Community Service Act of 1990 (the Act) relating to living allowances, terms of service, educational benefits or awards, and nondisplacement to participants in the Public Lands Corps and Resource Assistant Program.
Authorizes the Secretaries to pay up to 75 percent of the costs of any project carried out on public lands by a qualified youth or conservation corps. Permits the remaining 25 percent of such costs to be provided from nonfederal sources in the form of funds, services, materials, or equipment. Prohibits cost sharing in the case of such project carried out on Indian lands.
Authorizes appropriations. | {"src": "billsum_train", "title": "Public Lands Corps Act of 1993"} | 2,938 | 416 | 0.572028 | 1.856609 | 0.768366 | 3.965879 | 7.372703 | 0.926509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ```Partnership With America' Rapid
Rebuilding of Haiti Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On January 12, 2010, Haiti experienced a 7.0 magnitude
earthquake centered approximately 15 miles southwest of the
nation's capital, Port-au-Prince.
(2) Following the initial earthquake came 50 aftershocks,
all higher than a magnitude of 4.0, within 24 hours.
(3) The Government of Haiti reports an estimated 230,000
deaths and 300,000 injured.
(4) Additionally, 1.2 million people have been displaced as
a result of the earthquake.
(5) Damage caused by the earthquake is estimated to be
between $8 billion and $14 billion.
(6) According to an Inter-American Development Bank report,
the episode ``. . . is the most destructive event a country has
ever experienced when measured in terms of the number of people
killed as a share of the country's population''.
(7) Given the ongoing economic recession in which more than
8 million people have lost their jobs in the United States,
many qualified construction industry employees in the United
States are currently unemployed or significantly underemployed
and therefore could be available to provide immediate expertise
and labor to facilitate the rapid rebuilding of Haiti.
SEC. 3. PARTNERSHIP WITH AMERICA.
(a) In General.--Not later than the end of the 30-day period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury, working through the Infrastructure Finance Experts Corps
of the Office of Technical Assistance, shall develop and begin carrying
out, together with the Government of Haiti, a program to be called the
``Partnership With America'' program, under which United States
construction and reconstruction experts and workers who currently are
unemployed or significantly underemployed shall begin work in Haiti on
an organized and coordinated plan to help Haitians rebuild the
infrastructure of Haiti, including roads, airports, energy facilities,
schools, hospitals, and other services fundamental to economic
development, including permanent housing for persons who lost their
housing because of the earthquake.
(b) Program Guidelines.--In developing the Partnership With America
program, the Secretary, working through the Infrastructure Finance
Experts Corps of the Office of Technical Assistance, shall--
(1) provide the Congress with an estimate of the funding
needs of such program, including proposed funding sources;
(2) develop a plan for transporting the United States
workers and appropriate construction equipment to Haiti;
(3) develop a plan for the United States workers to mentor
Haitian workers while effecting a rapid rebuilding of important
Haitian infrastructure to help the country recover from the
January 12, 2010, earthquake as quickly as possible while
anticipating the needs of a Haitian economy that does not
merely return to pre-earthquake levels but grows fast enough to
provide jobs for Haitians and raise the overall standard of
living in that country;
(4) ensure that various infrastructure projects are
coordinated as well as possible to minimize waste, fraud, and
abuse;
(5) seek to employ to the greatest extent possible United
States experts and qualified workers who are unemployed or
significantly underemployed, and be flexible enough to cycle
workers to and from Haiti in such a way that allows them to
return to the United States quickly to fill new jobs, while
still completing their stated missions in rebuilding Haiti;
(6) develop a public-private partnership for effecting the
goals of the program, using available Government transportation
and logistical resources while providing rapid rebuilding of
Haiti using qualified and available American workers;
(7) establish centers of excellence through which available
construction industry experts from the United States provide
specialized training to Haitians on construction industry best
practices and leading methodologies and technologies to
facilitate the transfer of deep expertise, including knowledge
on earthquake-resistant infrastructure;
(8) seek to ensure that the United States workers do not
take the place of Haitian workers, but instead supplement,
coordinate, and mentor Haitian construction workers, and train
them so that an adequate and adequately trained Haitian
construction force is left in place to accommodate the hoped-
for future growth of the Haitian economy;
(9) include adequate controls to ensure that United States
contractors subcontract substantial amounts of work to local
Haitian companies; and
(10) ensure that clear performance metrics and incentives
are provided to those entities participating in the program.
(c) Termination.--The Partnership With America program shall
terminate on the date that is the end of the 36-month period following
the date of the enactment of this Act, so the program assists Haiti in
rebuilding but does not supplant the jobs of Haitians over the longer
term. | Partnership With America Rapid Rebuilding of Haiti Act of 2010 - Directs the Secretary of the Treasury, with the government of Haiti, to implement a three-year "Partnership With America" program under which unemployed or underemployed U.S. construction and reconstruction experts and workers shall begin work in Haiti to help Haitians rebuild Haiti's infrastructure, including roads, airports, energy facilities, schools, hospitals, housing, and other services fundamental to economic development. | {"src": "billsum_train", "title": "To create a program under which qualified and available United States construction workers and appropriate equipment can be sent to Haiti to assist Haitians in the rebuilding of their country after the devastating January 12, 2010, earthquake, as requested by the government of Haiti, and for other purposes."} | 975 | 98 | 0.582101 | 1.548169 | 1.610882 | 4.096386 | 11.795181 | 0.915663 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Eighty to ninety percent of the means by which we
prevent and control chronic disease is with medications.
Assuring the most appropriate and effective medications are
used to optimize patient outcomes is a national priority. The
ability of patients to then adhere to the medication regimen
becomes vital.
(2) Between \1/2\ and \2/3\ of individuals with chronic
diseases in the United States do not take medications as
prescribed.
(3) Suboptimal medication use, including untreated
indications (such as failure to immunize), over or under dosing
of medications, safety issues, and low rates of medication
adherence result in higher health care costs, reduced
effectiveness of health care treatments and regimes, negative
health effects for patients, and tens of thousands of deaths on
an annual basis.
(4) Appropriate medication use and adherence may be lowest
among individuals with chronic diseases.
(5) Improving medication adherence would reduce unnecessary
hospital admissions and emergency room visits.
(6) Drug therapy problems including underuse and
nonadherence is estimated to cost the healthcare system in the
United States over $290,000,000,000 each year.
(7) Improving appropriate medication adherence could
improve patient health outcomes, reduce health care costs, and
lead to productivity gains.
SEC. 2. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED
MEDICATION ADHERENCE.
Part A of title III of the Public Health Service Act (42 U.S.C. 341
et seq.) is amended by adding at the end the following:
``SEC. 310B. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED
MEDICATION ADHERENCE.
``(a) In General.--The Secretary, in coordination with the
Administrator of the Agency for Healthcare Research and Quality, the
Administrator of the Centers for Medicare & Medicaid Services, and the
Director of the Centers for Disease Control and Prevention, shall
report annual statistics on medication adherence, particularly with
respect to individuals with chronic diseases such as cardiovascular
disease, hypertension, diabetes, autoimmune diseases, chronic
obstructive pulmonary disease, and mental health conditions, to better
inform decisionmakers regarding--
``(1) primary nonadherence, including among patients newly
prescribed one or more medications at the time of discharge
from an acute care setting;
``(2) medication persistence;
``(3) related quality measures with respect to medication
and methods to improve medication adherence and medication
persistence; and
``(4) the strategies used by private stakeholders to
improve medication adherence among individuals with one or more
chronic illnesses.
``(b) Federal Health Care Programs.--The research conducted, and
information and statistics developed, under subsection (a) (other than
paragraph (6) of such subsection) shall be with respect to individuals
treated under the following health care programs:
``(1) The Medicare program under title XVIII of the Social
Security Act.
``(2) The Medicaid program under title XIX of the Social
Security Act.
``(3) The Federal Employees Health Benefits Plan under
chapter 89 of title 5, United States Code.
``(4) The TRICARE program under chapter 55 of title 10,
United States Code.
``(5) Hospital care and medical services furnished by the
Department of Veterans Affairs under chapters 17 and 18 of
title 38, United States Code.
``(c) Definitions.--In this section:
``(1) The term `medication adherence' means a patient
taking medications as prescribed by their health care provider,
which may include the prescribed dosage, time, frequency, and
direction.
``(2) The term `medication persistence' means the act of
continuing treatment with a medication for the prescribed
duration.
``(3) The term `primary nonadherence' means the failure to
fill a newly prescribed medication.
``(4) The term `medication management' means medical care
provided by a health care professional to optimize drug therapy
and improve therapeutic outcomes for patients, including
medication therapy management.
``(d) Reports to Congress.--The Secretary shall submit to Congress
an initial report on the research conducted under this section not
later than 1 year after the date of enactment of this section, and an
updated report not later than 5 years after submission of such initial
report.''.
SEC. 3. LINKING MEDICARE PRESCRIPTION DRUG AND PARTS A AND B CLAIMS
DATA.
Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-
104(c)) is amended by adding at the end the following new paragraph:
``(5) Linking prescription drug and parts a and b claims
data.--
``(A) In general.--Notwithstanding any other
provision of law, subject to subparagraph (B),
effective for plan year 2018 and each subsequent plan
year, the Secretary shall, upon request by the PDP
sponsor of a prescription drug plan, provide the plan
with enrollee claims data under parts A and B, in order
to enable the plan to see the items and services
furnished to an enrollee under such parts and to
provide greater context for the medication regimen of
the enrollee.
``(B) Requirements.--The data described in
subparagraph (A) shall, as determined by the Secretary,
be provided to a prescription drug plan on a regular
basis and in a format that is computable and accessible
to assist plan efforts in identifying and supporting
at-risk enrollees.''.
SEC. 4. RECOGNIZING MEDICATION MANAGEMENT IMPROVES QUALITY UNDER
MEDICARE ADVANTAGE AND PRESCRIPTION DRUG PLANS.
Section 1857(e) of the Social Security Act is amended--
(1) in paragraph (4), by striking ``If the Secretary'' and
inserting ``Subject to paragraph (5), if the Secretary''; and
(2) by adding at the end the following new paragraph:
``(5) Recognizing medication management improves quality.--
For purposes of calculating the minimum medical loss ratio
under paragraph (4) for a contract year (beginning with 2018),
the Secretary shall include medication management (as defined
in section 310B(c) of the Public Health Service Act) as part of
activities that improve health care quality (as described with
respect to Medicare Advantage plans and prescription drug plans
in sections 422.2430 and 423.2430, respectively, of title 42,
Code of Federal Regulations (or in any successor
regulation)).''.
SEC. 5. ENHANCED MEDICATION THERAPY MANAGEMENT MODEL FOR MA-PD PLANS.
Section 1115A(b)(2) of the Social Security Act (42 U.S.C.
1315a(b)(2)) is amended--
(1) 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 implementation of the Part D Enhanced Medication
Therapy Management Model, as conducted by the Centers for
Medicare & Medicaid Services with respect to stand-alone basic
prescription drug plans.''; and
(2) by adding at the end the following new subparagraph:
``(D) Enhanced medication therapy management for
ma-pd plans.--
``(i) In general.--Subject to clause (ii),
the model described in this subparagraph is a
model to test, with respect to MA-PD plans (as
defined in section 1860D-1(a)(3)(C)), a model
for enhanced medication therapy management that
is similar to the Part D Enhanced Medication
Therapy Management Model, as conducted by the
Centers for Medicare & Medicaid Services with
respect to stand-alone basic prescription drug
plans.
``(ii) No additional performance payment.--
Under the model described in this subparagraph,
an MA-PD plan (as so defined) shall not receive
any additional performance payment (other than
any applicable percentage quality increase
otherwise applicable for the plan under section
1853(o)).''. | This bill amends the Public Health Service Act to require the Department of Health and Human Services to research and report on medication adherence with respect to federal health care programs. ("Medication adherence" refers to the extent to which patients take their medications as prescribed.) In addition, the bill amends titles XI (General Provisions) and XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services to: upon request by a prescription drug plan (PDP) sponsor, provide the plan with Medicare enrollee claims data to provide context for an enrollee's medication regimen; in calculating the minimum medical loss ratio with respect to PDPs, include medication management as an activity that improves health care quality; and through the Center for Medicare and Medicaid Innovation, test a model for enhanced medication therapy management for PDPs under Medicare Advantage. | {"src": "billsum_train", "title": "A bill to improve medication adherence."} | 1,787 | 231 | 0.493556 | 1.388316 | 0.645835 | 2.0125 | 10.175 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Reform Act
of 2013''.
SEC. 2. CLARIFICATION OF COLLATERAL REQUIREMENTS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is
amended by inserting after ``which are made under paragraph (1) of
subsection (b)'' the following: ``: Provided further, That the
Administrator, in obtaining the best available collateral for a loan of
not more than $200,000 under paragraph (1) or (2) of subsection (b)
relating to damage to or destruction of the property of, or economic
injury to, a small business concern, shall not require the owner of the
small business concern to use the primary residence of the owner as
collateral if the Administrator determines that the owner has other
assets with a value equal to or greater than the amount of the loan
that could be used as collateral for the loan: Provided further, That
nothing in the preceding proviso may be construed to reduce the amount
of collateral required by the Administrator in connection with a loan
described in the preceding proviso or to modify the standards used to
evaluate the quality (rather than the type) of such collateral''.
SEC. 3. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.
Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is
amended--
(1) by striking ``(3) At the discretion'' and inserting the
following:
``(3) Assistance to out-of-state small businesses.--
``(A) In general.--At the discretion''; and
(2) by adding at the end the following:
``(B) Disaster recovery assistance.--
``(i) In general.--At the discretion of the
Administrator, the Administrator may authorize
a small business development center to provide
assistance, as described in subsection (c), to
a small business concern located outside of the
State, without regard to geographic proximity,
if the small business concern is located in an
area for which the President has declared a
major disaster under section 401 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), during the
period of the declaration.
``(ii) Continuity of services.--A small
business development center that provides
counselors to an area described in clause (i)
shall, to the maximum extent practicable,
ensure continuity of services in any State in
which the small business development center
otherwise provides services.
``(iii) Access to disaster recovery
facilities.--For purposes of this subparagraph,
the Administrator shall, to the maximum extent
practicable, permit the personnel of a small
business development center to use any site or
facility designated by the Administrator for
use to provide disaster recovery assistance.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that, subject to the availability of
funds, the Administrator of the Small Business Administration shall, to
the extent practicable, ensure that a small business development center
is appropriately reimbursed for any legitimate expenses incurred in
carrying out activities under section 21(b)(3)(B) of the Small Business
Act (15 U.S.C. 648(b)(3)(B)), as added by this Act.
SEC. 5. INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER LOANS.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph
(9)(D)(3)(cc) the following:
``(10) Increased oversight of economic injury disaster
loans.--The Administrator shall increase oversight of entities
receiving loans under paragraph (2), including--
``(A) random site visits to ensure borrower
eligibility and compliance with requirements
established by the Administrator; and
``(B) random reviews of the use of the loan
proceeds by an entity described in paragraph (2) to
ensure compliance with requirements established by the
Administrator.''.
(b) Sense of Congress Relating to Using Existing Funds.--It is the
sense of Congress that no additional Federal funds shall be made
available to carry out the amendments made by this section.
SEC. 6. REDUCTION OF PAPERWORK BURDEN.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator of the Small Business Administration should--
(1) reduce paperwork burdens pursuant to section 3501 of
title 44, United States Code, on small business concerns
applying for disaster assistance under section 7(b) of the
Small Business Act (15 U.S.C. 636(b)); and
(2) ensure that the application for disaster assistance
under section 7(b) of the Small Business Act (15 U.S.C. 636(b))
facilitates deterring and detecting potential incidents of
waste, fraud, and abuse.
(b) Reduction.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (10), as
added by this Act, the following:
``(11) Paperwork reduction.--The Administrator shall take
steps to reduce, to the maximum extent practicable, the
paperwork associated with the application for a loan under this
subsection.''.
SEC. 7. REPORT ON WEB PORTAL FOR DISASTER LOAN APPLICANTS.
Section 38 of the Small Business Act (15 U.S.C. 657j) is amended by
adding at the end the following:
``(c) Report on Web Portal for Disaster Loan Application Status.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report relating to the creation of a web
portal to the track the status of applications for disaster
assistance under section 7(b).
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) information on the progress of the
Administration in implementing the information system
under subsection (a);
``(B) recommendations from the Administration
relating to the creation of a web portal for applicants
to check the status of an application for disaster
assistance under section 7(b), including a review of
best practices and web portal models from the private
sector;
``(C) information on any related costs or staffing
needed to implement such a web portal;
``(D) information on whether such a web portal can
maintain high standards for data privacy and data
security;
``(E) information on whether such a web portal will
minimize redundancy among Administration disaster
programs, improve management of the number of inquiries
made by disaster applicants to employees located in the
area affected by the disaster and to call centers, and
reduce paperwork burdens on disaster victims; and
``(F) such additional information as is determined
necessary by the Administrator.''. | Small Business Disaster Reform Act of 2013 - Amends the Small Business Act with respect to obtaining the best available collateral for a disaster loan of not more than $200,000 relating to damage to or destruction of the property of, or economic injury to, a small business concern. Prohibits the Administrator of the Small Business Administration (SBA), in obtaining such collateral, from requiring the small business owner to use the owner's primary residence as collateral if the owner has other assets with a value equal to or greater than the loan amount that could be used as collateral for the loan. Allows the Administrator to authorize a Small Business Development Center (SBDC) to provide assistance to small businesses outside the state of that SBDC, without regard to geographical proximity, if the small business is in an area for which the President has declared a major disaster. Expresses the sense of Congress that the Administrator shall ensure that a SBDC is appropriately reimbursed for any legitimate expenses in carrying out such assistance. Directs the Administrator to increase oversight of small businesses receiving economic injury disaster loans, including random site visits and random reviews of loan usage. Expresses the sense of Congress that no additional federal funds shall be made available for such increased oversight. Expresses the sense of Congress that the Administrator should: (1) reduce paperwork burdens on small businesses applying for SBA disaster assistance loans; and (2) ensure that the application for such assistance facilitates deterring and detecting potential instances of waste, fraud, and abuse. Requires the Administrator to take steps to reduce, to the maximum extent practicable, such paperwork. Requires a report from the Administrator to the congressional small business committees relating to the creation of a web portal to track the status of applications for SBA disaster assistance. | {"src": "billsum_train", "title": "Small Business Disaster Reform Act of 2013"} | 1,574 | 379 | 0.650079 | 2.084834 | 0.79283 | 4.548193 | 4.237952 | 0.927711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed despite
the threat of death or great bodily harm they faced at the hands of the
Imperial Japanese military forces that occupied Guam during World War
II.
SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--Subject to the availability of appropriations
authorized to be appropriated under section 6(a), after receipt of
certification pursuant to section 4(b)(8) and in accordance with the
provisions of this title, the Secretary of the Treasury shall make
payments as follows:
(1) Residents injured.--Before any payments are made to
individuals described in paragraph (2), the Secretary shall pay
compensable Guam victims who are not deceased as follows:
(A) If the victim has suffered an injury described
in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph
(A) but has suffered an injury described in subsection
(c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph
(A) or (B) but has suffered an injury described in
subsection (c)(2)(C), $10,000.
(2) Survivors of residents who died in war.--In the case of
a compensable Guam decedent, the Secretary shall pay $25,000
for distribution to eligible survivors of the decedent as
specified in subsection (b). The Secretary shall make payments
under this paragraph after payments are made under paragraph
(1).
(b) Distribution of Survivor Payments.--Payments under paragraph
(2) of subsection (a) to eligible survivors of an individual who is a
compensable Guam decedent shall be made as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child (or
to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all of
the payment shall be made to such child (or to such children in
equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parent (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 4 to
have been a resident of Guam who died or was killed as a result
of the attack and occupation of Guam by Imperial Japanese
military forces during World War II, or incident to the
liberation of Guam by United States military forces, and whose
death would have been compensable under the Guam Meritorious
Claims Act of 1945 (Public Law 79-224) if a timely claim had
been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section 4 to have
suffered, as a result of the attack and occupation of Guam by
Imperial Japanese military forces during World War II, or
incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 4. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 3.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this title. Such rules and regulations shall be
published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 3 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 3 shall be filed within one year after
the Foreign Claims Settlement Commission publishes public
notice of the filing period in the Federal Register. The
Foreign Claims Settlement Commission shall provide for the
notice required under the previous sentence not later than 180
days after the date of the enactment of this title. In
addition, the Commission shall cause to be publicized the
public notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by majority
vote, shall be in writing, and shall state the reasons for the
approval or denial of the claim. If approved, the decision
shall also state the amount of the payment awarded and the
distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant in
connection with any claim filed with the Foreign Claims
Settlement Commission under this title shall exceed one percent
of the total amount paid pursuant to any payment certified
under the provisions of this title on account of such claim.
Any agreement to the contrary shall be unlawful and void.
Whoever demands or receives, on account of services so
rendered, any remuneration in excess of the maximum permitted
by this section shall be fined not more than $5,000 or
imprisoned not more than 12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of the
Treasury for authorization of a payment under section 3.
(9) Treatment of affidavits.--For purposes of section 3 and
subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie
case of the individual's eligibility for such payment without
the need for further documentation, except as the Commission
may otherwise require. Such material facts shall include, with
respect to a claim under paragraph (2) or (3) of section 3(a),
a detailed description of the injury or other circumstance
supporting the claim involved, including the level of payment
sought.
(10) Release of related claims.--Acceptance of payment
under section 3 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or this
title.
SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to section 6(b) and in accordance with
this section, the Secretary of the Interior shall establish a grants
program under which the Secretary shall award grants for research,
educational, and media activities that memorialize the events
surrounding the occupation of Guam during World War II, honor the
loyalty of the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the causes and
circumstances of such occupation and other similar occupations during a
war.
(b) Eligibility.--The Secretary of the Interior may not award to a
person a grant under subsection (a) unless such person submits an
application to the Secretary for such grant, in such time, manner, and
form and containing such information as the Secretary specifies.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For
purposes of carrying out sections 3 and 4, there are authorized to be
appropriated $100,000,000, to remain available for obligation until
September 30, 2016, to the Foreign Claims Settlement Commission. Not
more than 5 percent of funds made available under this subsection shall
be used for administrative costs.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 5, there are authorized to be appropriated $5,000,000, to
remain available for obligation until September 30, 2016. | Guam World War II Loyalty Recognition Act - Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II.
Directs the Secretary of the Treasury to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (such payments to be made after payments have been made to surviving Guam residents).
Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury. Authorizes the Commission to adjudicate claims and determine payment eligibility.
Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam.
Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation, or both. | {"src": "billsum_train", "title": "To implement the recommendations of the Guam War Claims Review Commission."} | 2,422 | 268 | 0.638946 | 1.877886 | 0.905427 | 3.860759 | 9.303797 | 0.932489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Trade Center Bombing Victims
Compensation Act of 2003''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever 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 a
reference to the September 11th Victim Compensation Fund of 2001 (49
U.S.C. 40101 note; Public Law 107-42).
SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.
(a) Definitions.--Section 402(6) is amended by inserting ``or
related to the bombing of the World Trade Center in 1993'' before the
period.
(b) Purpose.--Section 403 is amended by inserting ``or as a result
of the bombing of the World Trade Center in 1993'' before the period.
(c) Determination of Eligibility for Compensation.--
(1) Claim form contents.--Section 405(a)(2)(B) is amended--
(A) in clause (i), by inserting ``or as a result of
the bombing of the World Trade Center in 1993'' before
the semicolon;
(B) in clause (ii), by inserting ``or bombing''
before the semicolon; and
(C) in clause (iii), by inserting ``or bombing''
before the period.
(2) Limitation.--Section 405(a) is amended by striking
paragraph (3) and inserting the following:
``(3) Limitation.--
``(A) In general.--No claim may be filed under
paragraph (1) after the date that is 2 years after the
date on which regulations are promulgated under section
407.
``(B) Word trade center bombing claims.--
Notwithstanding subparagraph (A), a claim may be filed
under paragraph (1) relating to the bombing of the
World Trade Center in 1993 not later than 1 year after
the date of enactment of the World Trade Center Bombing
Victims Compensation Act of 2003.''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``or as a result of the bombing of the World Trade
Center in 1993'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``or was
present at the World Trade Center in 1993 at
the time of the bombing of the World Trade
Center'' before the semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) suffered physical harm or death as a
result of such an air crash or suffered death
as a result of such bombing;''.
(B) Requirements.--Section 405(c)(3) is amended--
(i) in the heading for subparagraph (B) by
inserting ``relating to september 11th
terrorist acts'' before the period; and
(ii) by adding at the end the following:
``(C) Limitation on civil action relating to the
bombing of the world trade center in 1993.--
``(i) In general.--Upon the submission of a
claim under this title, the claimant waives the
right to file a civil action (or to be a party
to an action) in any Federal or State court for
damages sustained as a result of the bombing of
the World Trade Center in 1993. The preceding
sentence does not apply to a civil action to
recover any collateral source obligation based
on contract, or to a civil action against any
person who is a knowing participant in any
conspiracy to commit any terrorist act.
``(ii) Pending actions.--In the case of an
individual who is a party to a civil action
described in clause (i), such individual may
not submit a claim under this title unless such
individual withdraws from such action by the
date that is 90 days after the date on which
regulations are promulgated under section 4 of
the World Trade Center Bombing Victims
Compensation Act of 2003.
``(D) Individuals with prior compensation.--
``(i) In general.--Subject to clause (ii),
an individual is not an eligible individual for
purposes of this subsection if that individual,
or the estate of that individual, has received
any compensation from a civil action or
settlement based on tort related to the bombing
of the World Trade Center in 1993.
``(ii) Exception.--Clause (i) shall not
apply to compensation received from a civil
action against any person who is a knowing
participant in any conspiracy to commit any
terrorist act.''.
(C) Ineligibility of participants and
conspirators.--Section 405(c) is amended by adding at
the end the following:
``(4) Ineligibility of participants and conspirators.--An
individual, or a representative of that individual, shall not
be eligible to receive compensation under this title if that
individual is identified by the Attorney General to have been a
participant or conspirator in the bombing of the World Trade
Center in 1993.''.
SEC. 4. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out the amendments made by this Act,
including regulations with respect to--
(1) forms to be used in submitting claims under the
amendments made by this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under the amendments made by this Act; and
(5) other matters determined appropriate by the Attorney
General. | World Trade Center Bombing Victims Compensation Act of 2003 - Amends the September 11th Victim Compensation Fund of 2001 to allow claims filed with respect to the bombing of the World Trade Center in 1993. | {"src": "billsum_train", "title": "A bill to amend the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42) to provide compensation for victims killed in the bombing of the World Trade Center in 1993, and for other purposes."} | 1,341 | 46 | 0.590143 | 1.355778 | 0.678829 | 5.944444 | 32.472222 | 0.944444 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Depleted Uranium
Munitions Suspension and Study Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Suspension of use of depleted uranium munitions.
Sec. 5. Suspension of sale and export of depleted uranium munitions.
Sec. 6. Comptroller general investigation of plutonium contamination.
Sec. 7. Study of health effects of depleted uranium.
Sec. 8. Epa studies of environmental contamination by depleted uranium.
Sec. 9. Environmental mitigation and cleanup requirements.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The highest regard should be given to the health and
safety of the Nation's military personnel.
(2) Among the characteristics of depleted uranium munitions
are that (A) they are pyrophoric, resulting in the munition
burning upon impact with a target, and (B) the impact of a
depleted uranium munition on a target creates aerosol
particles, which can be inhaled.
(3) Depleted uranium munitions were used by the United
States in 1991 during the Persian Gulf War in Southwest Asia
and during the conflicts in the former Federal Republic of
Yugoslavia (Bosnia, Kosovo, Serbia, and Montenegro) during the
1990s, with approximately 300 metric tons of depleted uranium
being used during the Gulf War, three metric tons being used in
Bosnia, and over nine metric tons being used in Kosovo, Serbia,
and Montenegro.
(4) The United States has provided or sold depleted uranium
and depleted uranium munitions to allied nations, and the
United Kingdom used depleted uranium munitions during the
Persian Gulf War.
(5) Depleted uranium munitions have been used at numerous
United States military installations, proving grounds, and
testing facilities.
(6) The Yugoslav and Iraqi Governments have claimed that
depleted uranium is affecting the health of their people,
although such claims have yet to be independently verified.
(7) No definitive cause has been established for the
various illnesses (commonly referred to as ``Gulf War
Syndrome'') that currently affect approximately 130,000 United
States servicemembers and veterans who served in Southwest Asia
during the Persian Gulf War.
(8) The British Royal Navy, Canadian Navy, and United
States Navy have all announced that they would phase out use of
depleted uranium munitions.
(9) It has been reported that depleted uranium munitions
use has proliferated to more than 20 nations.
(10) Crash investigators of the Federal Aviation
Administration are instructed, in FAA Advisory Circular 20-123,
dated December 20, 1984, to ``handle with caution'' any
depleted uranium that they encounter in crash investigations,
and are instructed that ``the main hazard associated with
depleted uranium is the harmful effect the material could have
if it enters the body,'' and that ``[i]f particles are inhaled
or digested, they can be chemically toxic and cause a
significant and long-lasting irradiation of internal
tissues,''.
(11) The 1949 Geneva Convention specifically outlines the
precautions warring nations must take to avoid harming civilian
populations, and it would be a violation of the 1977 Protocol
to that Convention to cause superfluous injury or unnecessary
suffering to civilians, as depleted uranium has the potential
to cause.
(12) The Department of Defense has acknowledged that stocks
of depleted uranium munitions have been contaminated with
transuranic elements, including plutonium.
(13) Plutonium is an extremely toxic, carcinogenic, and
radioactive material with a half-life of 4.5 billion years.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To eliminate health threats from depleted uranium
munitions to--
(A) United States military personnel and United
States civilian employees;
(B) military personnel and employees of member
nations of the North Atlantic Treaty Organization; and
(C) civilian populations in regions where such
munitions were used (whether in conflict, training, or
development) or produced.
(2) To provide for studies of--
(A) the level and scope of contamination of
depleted uranium munitions by plutonium and other
transuranic elements;
(B) the health effects resulting from exposure by
inhalation, ingestion, or injection to depleted uranium
munitions; and
(C) environmental contamination caused by depleted
uranium at sites where depleted uranium was used in
conflict, development, testing, or training and at
sites where depleted uranium and depleted uranium
munitions were produced.
(3) To require the Administrator of the Environmental
Protection Agency to issue regulations and requirements, based
upon Environmental Protection Agency studies, concerning the
cleanup and mitigation of depleted uranium contamination at
sites of depleted uranium munition use and production in the
United States.
SEC. 4. SUSPENSION OF USE OF DEPLETED URANIUM MUNITIONS.
(a) Suspension of Use.--Effective no later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
direct that all elements of the Department of Defense suspend use of
depleted uranium munitions.
(b) Duration.--(1) The suspension of use of depleted uranium
munitions required by subsection (a) shall remain in effect until the
Secretary of Health and Human Services, based upon the results of the
study under section 7(a), certifies to the committees specified in
paragraph (2) that use of depleted uranium munitions in future
conflicts--
(A) will not pose a likely long-term or residual threat to
the health of United States or NATO military personnel; and
(B) will not jeopardize the health of civilian populations
in the area of such use.
(2) The committees specified in this paragraph are the following:
(A) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
(B) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(c) Future Use Limited to Stocks Free of Transuranic Matter.--Upon
a certification by the Secretary of Health and Human Services described
in subsection (b), the Secretary of Defense shall limit any subsequent
use of depleted uranium munitions to stocks of such munitions that the
Secretary certifies to be free of plutonium and other transuranic
matter.
SEC. 5. SUSPENSION OF SALE AND EXPORT OF DEPLETED URANIUM MUNITIONS.
(a) Suspension of Sale and Export.--Upon the enactment of this Act,
all elements of the Government with responsibility for approving the
foreign sale or export of munitions shall suspend the approval of the
sale and export of munitions containing depleted uranium.
(b) Duration.--The suspension required by subsection (a) of
approval of the foreign sale and export of depleted uranium munitions
shall remain in effect until the Secretary of Health and Human Services
makes a certification described in section 4(b).
(c) Future Exports To Be Limited to Stocks Free of Transuranic
Matter.--Upon a certification by the Secretary of Health and Human
Services described in section 4(b), any subsequent foreign sale or
export of depleted uranium munitions or preproduction depleted uranium
may be made only from stocks of such munitions or preproduction
depleted uranium that the Secretary of Defense certifies to be free of
plutonium and other transuranic matter, excluding depleted uranium.
SEC. 6. COMPTROLLER GENERAL INVESTIGATION OF PLUTONIUM CONTAMINATION.
(a) Investigation.--The Comptroller General of the United States
shall conduct a full investigation into the contamination of stocks of
depleted uranium munitions with transuranic elements, including
plutonium, neptunium, americium, and other forms of uranium. The
investigation shall include--
(1) determination of when such contamination occurred;
(2) identification of the manufacturing or refining
facilities at which such contamination occurred;
(3) identification of the quantity, by volume and
percentage, of the material by which such contamination
occurred;
(4) identification of when such contamination was first
realized by Department of Defense personnel and when such
contamination was brought to the attention of senior Department
of Defense management;
(5) identification of persons responsible for monitoring
the quality of such production;
(6) identification of the time when notification of such
contamination was made to member nations of the North Atlantic
Treaty Organization; and
(7) determination of whether any law or treaty was broken
by any such contamination or by any failure to provide timely
notice of such contamination to any affected party.
(b) Report.--Upon completion of the investigation under subsection
(a), the Comptroller General shall submit to the committeed specified
in section 4(b)(2) a report on the investigation.
SEC. 7. STUDY OF HEALTH EFFECTS OF DEPLETED URANIUM.
(a) Study.--The Director of the Agency for Toxic Substances and
Disease Registry and the Director of the Center for Disease Control and
Prevention shall jointly conduct a comprehensive study of the health
effects of exposure to depleted uranium munitions on uranium-exposed
veterans and on their children who were born after their respective
exposures to uranium.
(b) Uranium-Exposed Veterans.--For purposes of this section, the
term ``uranium-exposed veteran'' means a member or former member of the
Armed Forces who while on active duty handled, came in contact with, or
had the likelihood of contact with depleted uranium munitions,
including members and former members who while on active duty--
(1) were exposed to smoke from fires resulting from the
burning of vehicles uploaded with depleted uranium munitions or
fires at depots at which depleted uranium was stored;
(2) worked within environments containing depleted uranium
dust or residues from depleted uranium fires;
(3) were within a structure or vehicle while it was struck
by a depleted uranium munition;
(4) climbed on or entered equipment or structures struck by
depleted uranium; or
(5) were medical personnel who provided near-term treatment
to members of the Armed Forces described in paragraph (1), (2),
(3), or (4).
(c) Public Health Assessment.--The Director of the Agency for Toxic
Substances and Disease Registry shall conduct a public health
assessment of persons who are thought to have an epidemiological link
to any United States military installation or facility at which
depleted uranium munitions have been or currently are used or any
production facility at which depleted uranium or depleted uranium
munitions are currently, or have been, produced.
(d) Report.--The Directors shall submit to Congress a report on the
results of the study under subsection (a) and the assessment under
subsection (c). The report shall be submitted not later than two years
after the date of the enactment of this Act and shall include the
findings of the Directors on the matters covered by the report. The
Directors shall include in the report a list of diseases or conditions
that are found to exist within the populations specified in subsection
(a) and their rate of occurrence compared to the general population.
SEC. 8. EPA STUDIES OF ENVIRONMENTAL CONTAMINATION BY DEPLETED URANIUM.
(a) List of Locations in United States.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the Administrator of the Environmental Protection
Agency a list of all sites in the United States where depleted uranium
munitions have been used or produced and a site-specific map of each
such site.
(b) EPA Studies.--After receipt of the list and maps under
subsection (a), the Administrator shall, for each site specified on the
list, conduct a comprehensive environmental study of the possible
contamination of the soil, air, water, and vegetation by depleted
uranium at that site.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to the Secretary of Defense and the
Committee on Armed Services and the Committee on Government Reform of
the House of Representatives and the Committee on Armed Services and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report--
(1) describing the extent of contamination by depleted
uranium at each site studied by the Administrator pursuant to
subsection (b);
(2) providing site-specific recommendations for the
mitigation and cleanup of each such site; and
(3) providing general recommendations regarding the cleanup
of sites where depleted uranium has been used on foreign lands.
SEC. 9. ENVIRONMENTAL MITIGATION AND CLEANUP REQUIREMENTS.
(a) Department of Defense Cleanup Plan.--Not later than one year
after receiving the report under section 8(c), the Secretary of Defense
shall develop a plan for mitigation and cleanup at each site and a
prioritized list for such cleanups. The Secretary shall submit a copy
of the plan to the Committee on Armed Services and the Committee on
Government Reform of the House of Representatives and the Committee on
Armed Services and the Committee on Homeland Security and Governmental
Affairs of the Senate.
(b) Report.--The Secretary shall submit a report to those
committees and the Administrator of the Environmental Protection Agency
each year before commencement of the mitigations and cleanups until
those projects are complete.
(c) Cleanup.--After filing of such plans, the Secretary shall
commence, or contract for, the mitigation and cleanup of each site for
which the Administrator of the Environmental Protection Agency has
recommended such mitigation and cleanup and in the manner and scope
that the Administrator's report specifies.
(d) Applicability of NEPA.--Notwithstanding any other provision of
law, the cleanup and mitigation required by subsection (c) shall be
carried out in a manner consistent with the provisions of the National
Environmental Policy Act of 1969, without regard to any exemption to
any of the provisions of that Act for the Department of Defense or any
element thereof. | Depleted Uranium Munitions Suspension and Study Act of 2006 - Requires the Secretary of Defense to direct that all elements of the Department of Defense (DOD) suspend use of depleted uranium munitions until the Secretary of Health and Human Services (HHS) certifies to certain congressional committees that use of such munitions in future conflicts: (1) will not pose a likely long-term or residual threat to the health of U.S. or NATO military personnel; and (2) will not jeopardize the health of civilian populations in the area of such use.
Suspends federal approval of the foreign sale or export of munitions containing depleted uranium until the Secretary of HHS has made such certification.
Limits future exports to stocks certified free of transuranic matter by the Secretary of Defense.
Requires the Comptroller General to investigate and report to Congress on the contamination of stocks of depleted uranium munitions with transuranic elements.
Requires the Director of the Agency for Toxic Substances and Disease Registry and the Director of the Centers for Disease Control and Prevention jointly to conduct a comprehensive study of the health effects of exposure to depleted uranium munitions on veterans and on their children born after their respective exposures to uranium.
Directs the Secretary of Defense to provide to the Administrator of the Environmental Protection Agency (Administrator) a list and maps of all sites in the United States where depleted uranium munitions have been used or produced.
Requires the Administrator to study and report to Congress and the Secretary of Defense on the possible depleted uranium contamination of the soil, air, water, and vegetation of each listed site.
Directs the Secretary of Defense to develop a plan for mitigation and cleanup at each site. | {"src": "billsum_train", "title": "To require the suspension of the use, sale, development, production, testing, and export of depleted uranium munitions pending the outcome of certain studies of the health effects of such munitions, and for other purposes."} | 3,354 | 412 | 0.537515 | 1.722034 | 0.672511 | 4.867089 | 8.958861 | 0.943038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crooked River Collaborative Water
Security Act''.
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by striking paragraph (72) and inserting the following:
``(72) Crooked, oregon.--
``(A) In general.--The 14.75-mile segment from the
National Grassland boundary to Dry Creek, to be
administered by the Secretary of the Interior in the
following classes:
``(i) The 7-mile segment from the National
Grassland boundary to River Mile 8 south of
Opal Spring, as a recreational river.
``(ii) The 7.75-mile segment from a point
\1/4\-mile downstream from the center crest of
Bowman Dam, as a recreational river.
``(B) Hydropower.--In any license application
submitted to the Federal Energy Regulatory Commission
relating to hydropower development (including turbines
and appurtenant facilities) at Bowman Dam, the
applicant, in consultation with the Director of the
Bureau of Land Management, shall--
``(i) analyze any impacts to the scenic,
recreational, and fishery resource values of
the Crooked River from the center crest of
Bowman Dam to a point \1/4\-mile downstream
that may be caused by the proposed hydropower
development, including the future need to
undertake routine and emergency repairs;
``(ii) propose measures to minimize and
mitigate any impacts analyzed under clause (i);
and
``(iii) propose designs and measures to
ensure that any access facilities associated
with hydropower development at Bowman Dam shall
not impede the free-flowing nature of the
Crooked River below Bowman Dam.''.
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.
Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat.
554; 78 Stat. 954) is amended--
(1) by striking ``during those months'' and all that
follows through ``purpose of the project''; and
(2) by adding at the end the following: ``Without further
action by the Secretary of the Interior, beginning on the date
of enactment of the Crooked River Collaborative Water Security
Act, 5,100 acre-feet of water shall be annually released from
the project to serve as mitigation for City of Prineville
groundwater pumping, pursuant to and in a manner consistent
with Oregon State law, including any shaping of the release of
the water. The City of Prineville shall make payments to the
Secretary for the water, in accordance with the Bureau of
Reclamation document entitled `Water and Related Contract and
Repayment Principles and Requirements', the Bureau of
Reclamation Manual Directives and Standards numbered PEC 05-01
and dated September 12, 2006, and the document entitled
`Economic and Environmental Principles and Guidelines for Water
and Related Land Resources Implementation Studies' and dated
March 10, 1983. Consistent with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and other
applicable Federal laws, the Secretary may contract exclusively
with the City of Prineville for additional quantities of water,
at the request of the City of Prineville.''.
SEC. 4. ADDITIONAL PROVISIONS.
The Act entitled ``An Act to authorize construction by the
Secretary of the Interior of the Crooked River Federal reclamation
project, Oregon'', approved August 6, 1956 (70 Stat. 1058; chapter 980;
73 Stat. 554; 78 Stat. 954), is amended by adding at the end the
following:
``SEC. 6. FIRST FILL STORAGE AND RELEASE.
``Other than the 10 cubic feet per second release provided for in
section 4, and subject to compliance with the flood curve requirements
of the Corps of Engineers, the Secretary shall, on a `first fill'
priority basis, store in and release from Prineville Reservoir, whether
from carryover, infill, or a combination of both, the following:
``(1) 68,273 acre-feet of water annually to fulfill all 16
Bureau of Reclamation contracts existing as of January 1, 2011.
``(2) Not more than 2,740 acre-feet of water annually to
supply the McKay Creek land, in accordance with section 5 of
the Crooked River Collaborative Water Security Act.
``(3) 10,000 acre-feet of water annually, to be made
available first to the North Unit Irrigation District, and
subsequently to any other holders of Reclamation contracts
existing as of January 1, 2011 (in that order), pursuant to
Temporary Water Service Contracts, on the request of the North
Unit Irrigation District or the contract holders, consistent
with the same terms and conditions as prior such contracts
between the Bureau of Reclamation and District or contract
holders, as applicable.
``(4) 5,100 acre-feet of water annually to mitigate the
City of Prineville groundwater pumping under section 4.
``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.
``(a) In General.--Other than the quantities provided for in
section 4 and the `first fill' quantities provided for in section 6,
and subject to compliance with the flood curve requirements of the
Corps of Engineers, the Secretary shall store in and release from
Prineville Reservoir all remaining stored water quantities for the
benefit of downstream fish and wildlife.
``(b) Applicable Law.--If a consultation under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or an order of a court in
a proceeding under that Act requires releases of stored water from
Prineville Reservoir for fish and wildlife downstream of Bowman Dam,
the Secretary shall use uncontracted stored water.
``(c) Annual Release Schedule.--
``(1) In general.--The Commissioner of Reclamation shall
develop annual release schedules for the remaining stored water
quantities and the water serving as mitigation for City of
Prineville groundwater pumping.
``(2) Guidance.--To the maximum extent practicable and
unless otherwise prohibited by law, the Commissioner of
Reclamation shall develop and implement the annual release
schedules consistent with the guidance provided by the
Confederated Tribes of the Warm Springs Reservation of Oregon
and the State of Oregon to maximize biological benefit for
downstream resources, based on consideration of the multiyear
water needs of downstream fish and wildlife.
``(3) Comments from federal fish management agencies.--The
National Marine Fisheries Service and the United States Fish
and Wildlife Service shall have the opportunity to provide
advice with respect to, and comment on, the annual release
schedule developed by the Commissioner of Reclamation under
this subsection.
``(d) Required Coordination.--The Commissioner of Reclamation shall
perform traditional and routine activities in a manner that coordinates
with and assists the Confederated Tribes of the Warm Springs
Reservation of Oregon and the ability of the State of Oregon to monitor
and request adjustments to releases for downstream fish and wildlife on
an in-season basis as the Confederated Tribes of the Warm Springs
Reservation of Oregon and the State of Oregon determine downstream fish
and wildlife needs require.
``(e) Effect.--Nothing in this section affects the authority of the
Commissioner of Reclamation to perform all other traditional and
routine activities of the Commissioner of Reclamation.
``SEC. 8. EFFECT.
``Except as otherwise provided in this Act, nothing in this Act--
``(1) modifies contractual rights that may exist between
contractors and the United States under Reclamation contracts;
``(2) amends or reopens contracts referred to in paragraph
(1); or
``(3) modifies any rights, obligations, or requirements
that may be provided or governed by Federal or Oregon State
law.''.
SEC. 5. OCHOCO IRRIGATION DISTRICT.
(a) Early Repayment.--
(1) In general.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner
within Ochoco Irrigation District, Oregon (referred to in this
section as the ``district''), may repay, at any time, the
construction costs of the project facilities allocated to the
land of the landowner within the district.
(2) Exemption from limitations.--Upon discharge, in full,
of the obligation for repayment of the construction costs
allocated to all land of the landowner in the district, the
land shall not be subject to the ownership and full-cost
pricing limitations of Federal reclamation law (the Act of June
17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental
to and amendatory of that Act (43 U.S.C. 371 et seq.).
(b) Certification.--Upon the request of a landowner who has repaid,
in full, the construction costs of the project facilities allocated to
the land of the landowner within the district, the Secretary of the
Interior shall provide the certification described in section 213(b)(1)
of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
(c) Contract Amendment.--On approval of the district directors and
notwithstanding project authorizing authority to the contrary, the
Reclamation contracts of the district are modified, without further
action by the Secretary of the Interior--
(1) to authorize the use of water for instream purposes,
including fish or wildlife purposes, in order for the district
to engage in, or take advantage of, conserved water projects
and temporary instream leasing as authorized by Oregon State
law;
(2) to include within the district boundary approximately
2,742 acres in the vicinity of McKay Creek, resulting in a
total of approximately 44,937 acres within the district
boundary;
(3) to classify as irrigable approximately 685 acres within
the approximately 2,742 acres of included land in the vicinity
of McKay Creek, with those approximately 685 acres authorized
to receive irrigation water pursuant to water rights issued by
the State of Oregon if the acres have in the past received
water pursuant to State water rights; and
(4) to provide the district with stored water from
Prineville Reservoir for purposes of supplying up to the
approximately 685 acres of land added within the district
boundary and classified as irrigable under paragraphs (2) and
(3), with the stored water to be supplied on an acre-per-acre
basis contingent on the transfer of existing appurtenant McKay
Creek water rights to instream use and the issuance of water
rights by the State of Oregon for the use of stored water.
(d) Limitation.--Except as otherwise provided in subsections (a)
and (c), nothing in this section--
(1) modifies contractual rights that may exist between the
district and the United States under the Reclamation contracts
of the district;
(2) amends or reopens the contracts referred to in
paragraph (1); or
(3) modifies any rights, obligations, or relationships that
may exist between the district and any owner of land within the
district, as may be provided or governed by Federal or Oregon
State law.
SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.
(a) Participation in Dry-Year Management Planning Meetings.--The
Bureau of Reclamation shall participate in dry-year management planning
meetings with the State of Oregon, the Confederated Tribes of the Warm
Springs Reservation of Oregon, irrigation districts, and other
interested stakeholders, to plan for dry-year conditions.
(b) Frequency of Meetings.--The Bureau of Reclamation, in
coordination with the parties referred to in subsection (a), shall
participate in dry-year management planning meetings each year, in
early spring and late summer, and as needed at other times.
(c) Dry-Year Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Bureau of Reclamation shall develop
a dry-year management plan in coordination with the parties
referred to in subsection (a).
(2) Requirements.--The plan developed under paragraph (1)
shall only recommend strategies, measures, and actions that all
parties referred to in subsection (a) voluntarily agree to
implement.
(3) Limitations.--Nothing in the plan developed under
paragraph (1) shall be mandatory or self-implementing.
(d) Voluntary Release.--In any year, if North Unit Irrigation
District or other eligible Bureau of Reclamation contract holders have
not initiated contracting with the Bureau of Reclamation for any
quantity of the 10,000 acre-feet of water described in paragraph (3) of
section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by
section 4), by June 1 of any calendar year, with the voluntary
agreement of North Unit Irrigation District and other Bureau of
Reclamation contract holders referred to in that paragraph, the
Secretary may release that quantity of water for the benefit of
downstream fish and wildlife as described in section 7 of that Act.
SEC. 7. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.
Nothing in this Act (or an amendment made by this Act)--
(1) provides to the Secretary the authority to store and
release the ``first fill'' amounts provided for in section 6 of
the Act of August 6, 1956 (70 Stat. 1058) (as added by section
4) for any purposes other than the purposes provided for in
that section, except for--
(A) the potential instream use resulting from
conserved water projects and temporary instream leasing
as provided for in section 5(c)(1);
(B) the potential release of additional amounts
that may result from voluntary actions agreed to
through the dry-year Management developed under section
6(c); and
(C) the potential release of the 10,000 acre-feet
for downstream fish and wildlife as provided for in
section 6(d);
(2) alters any responsibilities under Oregon State law or
Federal law, including section 7 of the Endangered Species Act
(16 U.S.C. 1536); or
(3) alters the authorized purposes of the Crooked River
Project provided in the first section of the Act of August 6,
1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954). | Crooked River Collaborative Water Security Act - Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires an applicant, in any application submitted to the Federal Energy Regulatory Commission (FERC) relating to hydropower development at Bowman Dam (including turbines and appurtenant facilities), to: (1) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River that may be caused by development; (2) propose mitigation for such impacts; and (3) propose measures to ensure that any associated access facilities shall not impede the free-flowing nature of the River below the Dam.
Requires 5,100 acre-feet of water to be annually released from the Crooked River federal reclamation project in Oregon to serve as mitigation for the city of Prineville groundwater pumping, pursuant to Oregon law. Directs the city to make payment to the Secretary for such water in accordance with specified documents. Authorizes the Secretary, consistent with the National Environmental Policy Act of 1969 (NEPA), to contract exclusively with the city for additional amounts in the future at the city's request.
Directs the Secretary, on a "first fill" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; (3) 10,000 acre feet of water annually to the North Unit Irrigation District or the contract holders, upon request, pursuant to Temporary Water Service Contracts; and (4) 5,100 acre-feet of water annually to mitigate the city's groundwater pumping.
Directs the Secretary to store and release from Prineville Reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife, except as specified.
Directs the Commissioner of Reclamation to implement annual release schedules for the remaining stored water quantities and the water that serves as mitigation for the city's groundwater pumping to maximize biological benefit for downstream resources.
Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Provides that upon discharge of the obligation for repayment of allocated construction costs, those lands shall not be subject to specified ownership and full-cost pricing limitations. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations. Modifies the District's reclamation contracts on approval of the District directors to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; and (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, classify approximately 685 of such acres as irrigable, and provide the District with stored water from Prineville Reservoir for purposes of supplying those lands.
Directs the Bureau of Reclamation to participate in management planning meetings every year with the state, the Confederated Tribes of the Warm Springs Reservation of Oregon, irrigation districts, and other interested stakeholders to plan for dry-year conditions. Authorizes the Secretary, in any year, to release any quantity of 10,000 acre-feet of specified water for the benefit of downstream fish and wildlife if the North Unit Irrigation District or other eligible Reclamation contract holders have not initiated contracting with the Bureau for any quantity of such water by June 1 of any year. | {"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes."} | 3,279 | 820 | 0.62072 | 2.256839 | 0.748739 | 4.365889 | 4.234694 | 0.94898 |
SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``alexander creek village recognition
``Sec. 43.
``(a) Recognition of the Village of Alexander Creek.--Alexander
Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska,
is an eligible Native village under section 11(b)(3).
``(b) Definitions.--For the purposes of this section, the following
terms apply:
``(1) The term `agency' includes--
``(A) any instrumentality of the United States;
``(B) any element of an agency; and
``(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
``(2) The term `conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
``(3) The term `Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
``(4) The term `property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
``(5) The term `Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h).
``(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the `Alexander Creek account'.
``(2) Funds in the Alexander Creek account shall--
``(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
``(B) remain available until expended.
``(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
``(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
``(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
``(i) Receipt of deposits.
``(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
``(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
``(d) Land Exchange.--The Secretary of the Interior shall enter
into negotiations to attempt to conclude, under the authority of
section 22(f), a land exchange to acquire the surface estate in lands
not within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to select additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek.
``(e) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value of the surface estate of the
approximately 61,440 acres of deficiency selections made by Alexander
Creek, as depicted on the map entitled `____________' and dated
____________.
``(2) If a conveyance is made to Alexander Creek pursuant to
subsection (d), the Alexander Creek account shall be reduced by the
amount of the actual acres conveyed multiplied by the average value per
acre determined under subsection (g).
``(f) Subsurface Estate.--The subsurface estate to lands conveyed
to Alexander Creek under this section shall be conveyed, without
consideration, to the Region.
``(g) Appraisal.--(1)(A) The Secretary shall determine the amount
to be deposited into the Alexander Creek account by appraising the fair
market value, as of the date of the enactment of this section, of each
section selected as a separate parcel and considering that `public
interest' use may be the highest and best use of such parcels.
``(B) Alexander Creek shall have the opportunity to present
evidence of value to the Secretary. The Secretary shall provide
Alexander Creek with a preliminary draft of the appraisal. Alexander
Creek shall have a reasonable and sufficient opportunity to comment on
the appraisal.
``(2) The Secretary shall forward a certified copy of the appraisal
to Alexander Creek.
``(h) Implementation.--(1) Alexander Creek may assign without
restriction any or all of the Alexander Creek account upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior. In the event that such an assignment is made to the Region,
on notice from Alexander Creek to the Secretary of the Treasury and the
Secretary of the Interior, the amount of such assignment shall be added
to or made a part of the Region's Property Account in the Treasury
established pursuant to section 12(b) of Public Law 94-204, and may be
used in the same manner as other funds in that account.
``(2) Upon certification by the Secretary of the Interior of the
appraisal completed pursuant to subsection (g), Alexander Creek shall
be deemed to have accepted the terms of this section in lieu of any
other land entitlement it could have received pursuant to this Act.
Such acceptance shall satisfy all claims Alexander Creek had or may
have had against the United States on the date of the enactment of this
section.
``(3) Any land conveyed to Alexander Creek pursuant to subsection
(e) shall be deemed to be a conveyance pursuant to this Act.
``(i) Treatment of Amounts From Account.--The Secretary of the
Treasury and the heads of agencies shall administer sales pursuant to
this section in the same manner as is provided for any other Native
village authorized by law as of the date of the enactment of this
section (including the use of similar accounts for bidding on and
purchasing property sold for public sale).
``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.''. | Amends the Alaska Native Claims Settlement Act to recognize Alexander Creek in Seward Meridian, Alaska, as a Native village.
Requires the Secretary of the Treasury to establish the Alexander Creek account in the Treasury to be available to Alexander Creek Incorporated (an Alaska Native Group corporation) for bidding on and purchasing property sold at public sale, subject to this Act.
Requires the: (1) Secretary of the Interior to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough to enable Alexander Creek to select additional public lands within its original withdrawal area; and (2) conveyance, without consideration, of the subsurface estate to such conveyed lands to the Cook Inlet Region Incorporated (the Regional Corporation for Alexander Creek).
Provides that: (1) upon certification by the Secretary of the appraisal of lands selected for purchase, the Alexander Creek Incorporated shall be deemed to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to this Act; and (2) the acceptance shall satisfy all claims such Corporation had or may have had against the United States on the enactment of this Act. | {"src": "billsum_train", "title": "To amend that Alaska Native Claims Settlement Act to recognize Alexander Creek as Native village, and for other purposes."} | 1,538 | 271 | 0.637299 | 1.95469 | 0.892141 | 5.020747 | 6.037344 | 0.962656 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``California Coastal
National Monument Expansion Act of 2013''.
(b) Definitions.--In this Act:
(1) Map.--The term ``map'' means the map created by the
Bureau of Land Management, entitled ``California Coastal
National Monument Addition'' and dated September 15, 2012.
(2) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264.
(3) Point arena-stornetta public lands.--The term ``Point
Arena-Stornetta Public Lands'' means the Federal land
comprising approximately 1,255 acres in Mendocino County,
California, as generally depicted on the map.
(4) Presidential proclamation 7264.--The term
``Presidential Proclamation 7264'' means Presidential
Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg.
2821).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Point Arena-Stornetta Public Lands contain
significant natural resources, including important wildlife
habitat, several riparian corridors, extensive wetlands, ponds
and other water sources, cypress groves, meadows, and sand
dunes that should be preserved for present and future
generations;
(2) the ocean and coastal ecosystems adjacent to the Point
Arena-Stornetta Public Lands are internationally recognized as
significant centers of coastal upwelling that support the
diverse, abundant, and productive marine ecosystems and
wildlife underlying the local economy and identity of coastal
communities;
(3) the Point Arena-Stornetta Public Lands tell an
important story about the coastal prehistory and history of
California in the context of the surrounding region and
communities;
(4) the coastal area surrounding the Point Arena-Stornetta
Public Lands was traditionally used by Indian people, including
the Pomo Indian tribes;
(5) the Point Arena-Stornetta Public Lands are historically
associated with adjacent land managed for the enjoyment of
current and future generations, including the Arena Rock Marine
Natural Preserve, and Manchester Beach State Park;
(6) the Point Arena-Stornetta Public Lands represent a
model partnership where future management can be successfully
accomplished among the Federal Government, State of California,
Mendocino County, local communities, and private groups;
(7) permanent protection of the Point Arena-Stornetta
Public Lands will provide important economic benefits to
surrounding communities, and has broad public support;
(8) the Point Arena-Stornetta Public Lands would make a
significant addition to the California Coastal National
Monument and National Landscape Conservation System
administered by the Bureau of Land Management of the Department
of the Interior; and
(9) statutory protection is necessary to ensure that the
Point Arena-Stornetta Public Lands remain a part of the
historical, cultural, and natural heritage of the United States
and a source of inspiration for the people of the United
States.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Point
Arena-Stornetta Public Lands, while allowing certain recreational and
research activities to continue.
SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the Monument established by
Presidential Proclamation 7264 is expanded to include the Federal land
shown on the map.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a map and boundary description of land added to the Monument by
this Act.
(2) Force and effect.--The map and boundary description
filed under paragraph (1) shall have the same force and effect
as if included in this Act, except that the Secretary may
correct any minor errors in the map and boundary descriptions.
(3) Availability of map and boundary description.--The map
and boundary description filed under paragraph (1) shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall manage the land added to the
Monument by this Act--
(1) as a part of the Monument; and
(2) in accordance with Presidential Proclamation 7264.
(b) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall finalize an
amendment to the Monument management plan for the long-term
protection and management of the land added to the Monument by
this Act.
(2) Requirements.--The plan amendment shall--
(A) be developed with an opportunity for full
public participation; and
(B) describe the appropriate uses and management of
the land consistent with this Act.
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, the use of motorized
and mechanized vehicles in the Monument shall be permitted only on
roads and trails designated for that use.
(d) Incorporation of Land and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
or interests in land within or adjacent to the land added to
the Monument by this Act only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interests in land within or
adjacent to the land added to the Monument by this Act acquired
by the United States after the date of enactment of this Act
shall be added to and administered as part of the Monument.
(e) Overflights.--Nothing in this Act--
(1) restricts or precludes overflights, including low-level
overflights or military, commercial, and general aviation
overflights that can be seen or heard within the land added to
the Monument by this Act;
(2) restricts or precludes the designation or creation of
new units of special use airspace or the establishment of
military flight training routes over the land added to the
Monument by this Act; or
(3) modifies regulations governing low-level overflights
above the adjacent Gulf of the Farallones National Marine
Sanctuary.
(f) Law Enforcement.--Nothing in this Act effects the law
enforcement authorities of the Department of Homeland Security.
(g) Native American Uses.--Nothing in this Act enlarges,
diminishes, or modifies the rights of any Indian tribe or Indian
religious community.
(h) Buffer Zones.--
(1) In general.--The expansion of the Monument is not
intended to lead to the establishment of protective perimeters
or buffer zones around the land included in the Monument by
this Act.
(2) Activities outside the monument.--The fact that
activities outside the Monument can be seen or heard within the
land added to the Monument by this Act shall not, of itself,
preclude those activities or uses up to the boundary of the
Monument.
(i) Grazing.--Nothing in this Act affects the grazing of livestock
within the Point Arena-Stornetta Public Lands.
(j) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System. | California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System. | {"src": "billsum_train", "title": "California Coastal National Monument Expansion Act of 2013"} | 1,702 | 143 | 0.622751 | 1.699053 | 0.683727 | 3.652542 | 12.686441 | 0.90678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imported Ethanol Parity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On May 6, 2006, the Chairman of the Finance Committee
of the Senate stated on the Senate floor that, ``the United
States tariff on ethanol operates as an offset to an excise tax
credit that applies to both domestically produced and imported
ethanol.''.
(2) On May 9, 2006, the Renewable Fuels Association stated:
``the secondary tariff exists as an offset to the tax incentive
gasoline refiners receive for every gallon of ethanol they
blend, regardless of the ethanol's origin.''. In May 2008, the
Renewable Fuels Association's Executive Director asserted that
``The tariff is there not so much to protect the industry but
the United States taxpayer.''.
(3) In a letter to Congress dated June 20, 2007, the
American Coalition for Ethanol, the American Farm Bureau
Federation, the National Corn Growers Association, the National
Council of Farmer Cooperatives, the National Sorghum Producers,
and the Renewable Fuels Association stated that the ``(blender)
tax credit is available to refiners regardless of whether the
ethanol blended is imported or domestic. To prevent United
States taxpayers from subsidizing foreign ethanol companies,
Congress passed an offset to the tax credit that foreign
companies pay in the form of a tariff.''.
(4) The Food, Conservation, and Energy Act of 2008, as
contained in the Conference Report to accompany H.R. 2419 in
the 110th Congress, proposes to decrease the excise tax credit
for blending ethanol from $0.51 to $0.45 per gallon, but extend
the $0.54 per gallon temporary duty on imported ethanol,
increasing the competitive disadvantage of ethanol imports in
the United States marketplace. The legislation would transform
a tariff designed to offset a domestic subsidy into a real
import barrier of at least $0.09 per gallon.
(5) The State of California is adopting a Low Carbon Fuels
Standard that requires a reduction in the lifecycle greenhouse
gas emissions from transportation fuels, and the Energy
Independence and Security Act of 2007 requires the United
States to use increasing quantities of ``advanced biofuels''
that have lifecycle greenhouse gas emissions that are at least
50 percent less than lifecycle greenhouse gas emissions from
gasoline.
(6) The lifecycle greenhouse gas emissions of ethanol vary
depending on production methods and feedstocks. These
differences will impact the degree to which ethanol may be used
to meet ``low-carbon'' fuel requirements under California law
and the Energy Independence and Security Act of 2007.
(7) Sugar cane ethanol plants use biomass from sugar stalks
as process energy, resulting in less fossil fuel input compared
to current corn-to-ethanol processes.
(8) The 2007 California Energy Commission Report, entitled
``Full Fuel Cycle Assessment: Well-to-Wheels Energy Inputs,
Emissions, and Water Impacts'', concluded that the direct
lifecycle greenhouse gas emissions of imported sugar based
ethanol are 68 percent lower than gasoline, while the direct
lifecycle greenhouse gas emissions of corn based ethanol from
the Midwest are 15 to 28 percent lower than gasoline.
(9) The cost to ship ethanol by sea from foreign production
areas to California is competitive with the cost to ship
ethanol by rail from the American Midwest, according to ethanol
producers and importers.
(10) Ethanol production will vary from region to region
each year based on crop performance, and a global biofuels
marketplace would permit mutually beneficial trade between
producing regions capable of stabilizing both fuel and food
prices.
(11) In March 2007, the United States and Brazil entered
into a strategic alliance to cooperate on advanced research for
biofuels, develop biofuel technology, and expand the production
and use of biofuels throughout the Western Hemisphere,
especially in the Caribbean and Central America.
(12) On March 9, 2007, President Bush stated ``it's in the
interest of the United States that there be a prosperous
neighborhood. And one way to help spread prosperity in Central
America is for them to become energy producers.''.
(13) According to a February 2008 study by the
Massachusetts Institute of Technology, titled ``Biomass to
Ethanol: Potential Production and Environmental Impacts'', the
current ethanol distribution system in the United States is not
capable of efficiently supplying ethanol to the East Coast
markets.
SEC. 3. ETHANOL TAX PARITY.
Not later than 30 days after the date of the enactment of this Act,
and semiannually thereafter, the President shall reduce the temporary
duty imposed on ethanol under subheading 9901.00.50 of the Harmonized
Tariff Schedule of the United States by an amount equal to the
reduction in any Federal income or excise tax credit under section
40(h), 6426(b), or 6427(e)(1) of the Internal Revenue Code of 1986 and
take any other action necessary to ensure that the temporary duty
imposed on ethanol under such subheading 9901.00.50 is equal to, or
lower than, any Federal income or excise tax credit applicable to
ethanol under the Internal Revenue Code of 1986. | Imported Ethanol Parity Act - Requires the President to: (1) reduce semiannually the temporary duty imposed on ethanol by an amount equal to the reduction in any federal income or excise tax credit for alcohol and ethanol blends used as fuel; and (2) take other necessary actions to ensure that the temporary duty imposed on ethanol is equal to, or lower than, any federal income or excise tax credit applicable to ethanol. | {"src": "billsum_train", "title": "A bill to ensure parity between the temporary duty imposed on ethanol and tax credits provided on ethanol."} | 1,138 | 100 | 0.556752 | 1.463565 | 0.763768 | 5.024691 | 13.012346 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Center Employee
Health Coverage Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federally Qualified Health Centers (referred to in this
section as ``FQHCs'') are required under section 330 of the
Public Health Service Act (42 U.S.C. 254b) to be located in,
and serve, a community that is designated as ``medically
underserved''.
(2) FQHCs are required under such section 330 to make its
services available to all residents of the community, without
regard to ability to pay, and to make those services affordable
by discounting charges for otherwise uncovered care to low-
income families in accordance with family income.
(3) FQHCs are required under such section 330 to provide
comprehensive primary health care services, including
preventive care, care for illness or injury, services which
improve the accessibility of care, and the effectiveness of
care.
(4) FQHCs are required under such section 330 to be
governed by a board of directors, a majority of whose members
are active, registered patients of the health center, thus
ensuring that the center is responsive to the health care needs
of the community it serves.
(5) FQHCs delivered comprehensive primary and preventive
care to more than 15,000,000 people in 2004, more than
6,000,000 of whom had no health insurance coverage.
(6) FQHCs employ nearly 100,000 people across the United
States.
(7) FQHCs are being challenged by increasing financial
pressures that jeopardize their ability to provide health
services to medically underserved populations, including the
elderly, the uninsured, and lower-income individuals.
(8) Health insurance costs in the small employer market
have risen more than 30 percent in the past 2 years, forcing
many FQHCs to use additional Federal funding to continue to
provide health insurance coverage for their employees.
(9) The Federal Government negotiates premiums with health
insurance companies for millions of Federal employees, thereby
ensuring the best possible rates under the Federal Employee
Health Benefit Program (referred to in this section as
``FEHBP'').
(10) Last year FEHBP premiums increased 7.5 percent, far
less than that of even large employers.
(11) FQHCs receive Federal grants from the Health Resource
and Services Administration that help cover the cost of
providing high quality, affordable health care for everyone in
their communities, including the uninsured.
(12) FQHCs use a portion of their Federal grant to cover
the cost of health insurance for their employees.
(13) As health insurance premiums rise, FQHCs may be forced
to reduce health insurance coverage for their own employees, or
reduce the availability of care in their communities.
(14) Last year, almost 1,400,000 Americans joined the ranks
of the uninsured--bringing our Nation's total to more than
45,000,000 people without health insurance, while another
30,000,000 or more are underinsured.
(15) The uninsured are in significantly worse health than
those with health insurance, receive fewer preventive services,
are less likely to receive regular care for chronic diseases,
and are more likely to be hospitalized for a condition that
could have been treated more effectively with timely access to
ambulatory care.
(16) Adding FQHC employees to the list of those covered
under the FEHBP would help control rising health insurance
costs, reduce the cost of providing health insurance to their
employees, and enable centers to use scarce funds to continue
providing care in their communities.
SEC. 3. ADDITION OF HEALTH CENTER EMPLOYEES TO FEHBP.
(a) Definitions.--Section 8901(l) of title 5, United States Code,
is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(J) an individual who is an employee of a
federally qualified health center (as defined in
section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))) that has elected to offer
coverage under this chapter or who is an employee of a
grantee that is receiving funds under section 330(l) of
the Public Health Service Act (42 U.S.C. 254b(l)) that
has elected to offer coverage under this chapter.''.
(b) Employees Health Benefits Fund.--Section 8909 of title 5,
United States Code, is amended by adding at the end the following:
``(h) An individual who is an employee of a federally qualified
health center (as defined in section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B))) who has elected coverage under
this chapter or who is an employee of a grantee that is receiving funds
under section 330(l) of the Public Health Service Act (42 U.S.C.
254b(l)) who has elected coverage under this chapter shall be required
to pay currently into the Employees Health Benefits Fund, under
arrangements satisfactory to the Office, an amount equal to the sum
of--
``(1) the employee and agency contributions which would be
required in the case of an employee enrolled in the same health
benefits plan and level of benefits; and
``(2) an amount, determined under regulations prescribed by
the Office, necessary for administrative expenses, but not to
exceed 2 percent of the total amount under clause (i).''. | Community Health Center Employee Health Coverage Act of 2006 - Expands the definition of "employee" for purposes of the Federal Employees Health Benefits (FEHB) program to include an individual who is an employee of a federally qualified heath center, or a grantee providing technical or other assistance to such a center, that has elected to offer FEHB coverage. Requires such an employee to pay both the employee and agency contributions and administrative expenses. | {"src": "billsum_train", "title": "A bill to permit individuals who are employees of a grantee that is receiving funds under section 330 of the Public Health Service Act to enroll in health insurance coverage provided under the Federal Employees Health Benefits Program."} | 1,258 | 105 | 0.437665 | 1.17924 | 0.695691 | 3.074074 | 13.901235 | 0.82716 |
SECTION 1. ESTABLISHMENT OF SPECIAL ENROLLMENT PERIODS AND WAIVER OF
LATE ENROLLMENT PENALTY FOR CERTAIN MILITARY RETIREES AND
DEPENDENTS.
(a) Special Medicare Part B Enrollment Period.--
(1) In general.--Section 1837 of the Social Security Act
(42 U.S.C. 1395p) is amended by adding at the end the following
new subsection:
``(j)(1)(A) There shall be a special enrollment period described in
subparagraph (B) in the case of an individual who attained age 65
before the date of the enactment of this subsection and with respect to
whom the following conditions are met:
``(i) Since attaining such age and up to such date of
enactment, the individual has been a covered beneficiary (as
defined in section 1072(5) of title 10, United States Code)
under chapter 55 of title 10, United States Code.
``(ii) Since attaining such age and up to the date of the
event described in clause (iii), the individual continuously
maintained a primary residence within 100 miles of a military
hospital that provided inpatient hospital services and was not
been enrolled under this part.
``(iii) Since attaining such age and before such date of
enactment, any military hospital that provided inpatient
hospital services and that was located within 100 miles of the
individual's primary residence either was closed or
discontinued the provision of such services.
``(B) The special enrollment period under this paragraph shall be
the 9-month period beginning with the first month that begins at least
45 days after the date of the enactment of this Act.
``(2)(A) There shall be a special enrollment period described in
subparagraph (B) in the case of an individual who attains age 65 on or
after the date of the enactment of this subsection and with respect to
whom the following conditions are met:
``(i) Since attaining such age and until the date of the
announcement described in clause (ii), the individual has been
a covered beneficiary (as defined in section 1072(5) of title
10, United States Code) under chapter 55 of title 10, United
States Code, has not been enrolled under this part, and has
continuously maintained a primary residence within 100 miles of
a military hospital that provided inpatient hospital services.
``(ii) Since attaining such age, there has been an
announcement that any military hospital that provided inpatient
hospital services and that was located within 100 miles of the
individual's primary residence either will be closed or that
the provision of inpatient hospital services at any such
facility will be discontinued.
``(B) A special enrollment period under this paragraph shall be a
90-day period beginning 45 days before the date of the proposed
hospital closure or service discontinuation described in subparagraph
(A)(ii).
``(3)(A) For purposes of this subsection, if a military hospital is
closed (or inpatient hospital services at a military hospital are
discontinued) under a base closure law, the closure or discontinuation
of services is considered to be `announced' as of the date of the
submission to Congress under the base closure law of a report
recommending the closure of the military base at which the facility is
located.
``(B) If the there is a determination (other than under a base
closure law) that a military hospital in the United States will be
closed or that all inpatient hospital services at a military hospital
will be discontinued, there shall be a public announcement of such
determination at least 60 days before the date of the closure or
discontinuation. Such announcement shall be made through a posting at
the hospital and through other means intended to inform individuals who
are 65 years of age or older and who obtain services through the
hospital.
``(4) For purposes of this subsection:
``(A) The term `base closure law' means any of the
following:
``(i) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(ii) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(iii) Section 2687 of title 10, United States
Code.
``(iv) Any other similar law enacted after the date
of the enactment of this subsection.
``(B) The term `military hospital' means a hospital that is
a facility of a uniformed service referred to in section
1074(a) of title 10, United States Code.''.
(2) Coverage period for special enrollments.--Section 1838
of such Act (42 U.S.C. 1395q) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding subsection (a), in the case of an individual
who enrolls under this part pursuant to a special enrollment period
provided under section 1837(j), the coverage period shall begin on the
first day of the month that begins at least 15 days after the date of
such enrollment.''.
(b) Waiver of Medicare Part B Late Enrollment Penalty.--Section
1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the
following new subsection:
``(h) The increase in premiums required under subsection (b) due to
late enrollment under this part shall not apply to an individual who
enrolls under this part pursuant to a special enrollment period
provided under section 1837(j).''.
(c) Medigap Special Open Enrollment Period.--Section 1882 of such
Act (42 U.S.C. 1395ss) is amended by adding at the end the following
new subsection:
``(u) Notwithstanding any other provision of law, an issuer of a
medicare supplemental policy--
``(1) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy, and
``(2) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability;
in the case of an individual described in paragraph (1) or (2) of
section 1839(j) who seeks to enroll during a special enrollment period
provided pursuant to such section.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends title XVIII (Medicare) of the Social Security Act to provide for a special Medicare part B (Supplementary Medical Insurance) enrollment period and Medigap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live within a certain distance of a military hospital which provided inpatient hospital services that either closed or discontinued the provision of such services. | {"src": "billsum_train", "title": "To amend title XVIII to provide a special Medicare part B enrollment period and MediGap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live near military hospitals that are closed or that discontinue inpatient hospital services."} | 1,503 | 95 | 0.512629 | 1.230969 | 0.813441 | 2.821918 | 18.520548 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Retraining Incentive Act of
2002''.
SEC. 2. REFUNDABLE CREDIT FOR PORTION OF SOCIAL SECURITY TAXES BORNE BY
EMPLOYEES WHO COMPLETE TRAINING PROGRAM UNDER TRADE ACT
OF 1974.
(a) General Rule.--Subpart C of part IV of subchapter A of chapter
1 (relating to refundable credits) is amended by redesignating section
35 as section 36 and by inserting after section 34 the following new
section:
``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES BORNE BY
EMPLOYEES WHO COMPLETE TRAINING PROGRAM UNDER TRADE ACT
OF 1974.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the individual's
social security taxes attributable to service rendered during the 1-
year period beginning with the day the individual begins work for the
employer.
``(b) Limitation.--No credit shall be allowed under subsection (a)
with respect to an individual for a taxable year if the sum of the
wages (as defined in section 3121(a)) and compensation (as defined in
section 3231(e)) of such individual for such 1-year period is $60,000
or greater.
``(c) Eligible Individual.--
``(1) In general.--For purposes of this section, the term
`eligible individual' means an individual who--
``(A) successfully completes a Trade Adjustment
Assistance program under chapter 2 of title II of the
Trade Act of 1974, and
``(B) within 1 year after the completion of such
program begins work with an employer in a position
requiring skills which are taught in such program.
``(2) Exception.--For purposes of paragraph (1), an
individual shall not be treated as an eligible individual if
such individual is reemployed with the same employer (or
successor thereto) in the same or similar position in which
such individual last served before beginning such program.
``(3) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (n) or (o) of section 414, shall be treated as a
single employer for purposes of this subsection.
``(d) Social Security Taxes.--For purposes of this section--
``(1) In general.--The term `social security taxes' means,
with respect to any taxpayer for any taxable year--
``(A) the amount of the taxes imposed by section
3101(a) on amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(B) the amount of the taxes determined using so
much of the rate applicable under section 3201(a) as
does not exceed the rate of tax in effect under section
3101(a) which is imposed by section 3201(a) on amounts
received by the taxpayer during the calendar year in
which the taxable year begins, and
``(C) the amount of the taxes determined using so
much of the rate applicable under section 3211(a)(1) as
does not exceed the rate of tax in effect under section
3101(a) which is imposed by section 3211(a)(1) on
amounts received by the taxpayer during the calendar
year in which the taxable year begins.
``(2) Coordination with special refund of social security
taxes.--The term `social security taxes' shall not include any
taxes to the extent the taxpayer is entitled to a special
refund of such taxes under section 6413(c).
``(3) Special rule.--Any amounts paid pursuant to an
agreement under section 3121(l) (relating to agreements entered
into by American employers with respect to foreign affiliates)
which are equivalent to the taxes referred to in paragraph
(1)(A) shall be treated as taxes referred to in such paragraph.
``(e) Denial of Credit to Dependents.--No credit shall be allowed
under this section to any individual with respect to whom a deduction
under section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which such individual's taxable year
begins.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or from section 35 of
such Code'' before the period at the end.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 35 and inserting the following:
``Sec. 35. Credit for portion of social
security taxes borne by
employees who complete training
program under Trade Act of
1974.
``Sec. 36. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY TAXES PAID WITH
RESPECT TO EMPLOYEES HIRED AFTER COMPLETING TRAINING
PROGRAMS UNDER TRADE ACT OF 1974.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45G. CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY TAXES PAID
WITH RESPECT TO EMPLOYEES HIRED AFTER COMPLETING TRAINING
PROGRAMS UNDER TRADE ACT OF 1974.
``(a) General Rule.--For purposes of section 38, the employer trade
adjustment assistance hiring credit determined under this section for
the taxable year is an amount equal to the aggregate of the qualified
social security taxes paid or incurred which are attributable to
service of an eligible employee rendered during the 1-year period
beginning on the day the employee begins work for the employer.
``(b) Limitation.--No credit shall be allowed under subsection (a)
with respect to an employee for a taxable year if the sum of the wages
(as defined in section 3121(a)) and compensation (as defined in section
3231(e)) of such employee for such 1-year period is $60,000 or greater.
``(c) Qualified Social Security Tax.--
``(1) In general.--For purposes of this section, the term
`qualified social security tax' means, with respect to any
eligible employee for any taxable year--
``(A) the amount of the taxes imposed by section
3111(a) on amounts paid with respect to such employee
by the taxpayer during the calendar year in which the
taxable year begins, and
``(B) the amount of the taxes determined using so
much of the rate applicable under section 3221(a) as
does not exceed the rate of tax in effect under section
3111(a) which is imposed by section 3221(a) on amounts
paid with respect to such employee by the taxpayer
during the calendar year in which the taxable year
begins.
``(2) Coordination with special refund of social security
taxes.--The term `social security taxes' shall not include any
taxes to the extent the taxpayer is entitled to a special
refund of such taxes under section 6413(c).
``(3) Special rule.--Any amounts paid pursuant to an
agreement under section 3121(l) (relating to agreements entered
into by American employers with respect to foreign affiliates)
which are equivalent to the taxes referred to in paragraph
(1)(A) shall be treated as taxes referred to in such paragraph.
``(d) Eligible Employee.--For purposes of this section, the term
`eligible employee' means an individual who is an eligible individual
(as defined in section 35(c)).
``(e) Denial of Double Benefit.--No deduction or other credit shall
be allowed under this chapter for any amount taken into account in
determining the credit under this section.
``(f) Election Not To Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by
adding at the end the following:
``(16) the trade adjustment assistance hiring credit
determined under section 45G.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following:
``Sec. 45G. Credit for portion of
employer social security taxes
paid with respect to employees
hired after completing training
programs under Trade Act of
1974.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Worker Retraining Incentive Act of 2002 - Amends the Internal Revenue Code to provide credits for portions of social security taxes borne by employees and employers with respect to training programs under Trade Act of 1974. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax credits for hiring workers retrained in Trade Adjustment Assistance programs."} | 2,094 | 46 | 0.506505 | 1.172531 | 0.659897 | 4.054054 | 49.027027 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Complete Streets Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) While the Federal highway program has helped achieve
its original goal of providing for fast and convenient
automobile travel, the national transportation system needs to
provide better service to those who take public transit, ride
bicycles, or travel on foot or with mobility aids.
(2) Initiatives to promote sustainable and modern
transportation choices like public transit, bicycling, and
walking have had limited success because many State and local
transportation agencies have treated these modes as optional
amenities, instead of as integral parts of the national highway
programs.
(3) Many new and improved streets across the United States,
particularly in developing areas, do not provide to all users
the safe and equitable access to public rights-of-way.
(4) The official design guidance from the Federal Highway
Administration titled ``Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach'' states that, ``the resulting
highway environment discourages bicycling and walking and has
made the two modes more dangerous. Further, the ability of
pedestrians with disabilities to travel independently and
safely has been compromised.''.
(5) One-third of the population is either unable to or
chooses not to drive due to age, medical condition, ability,
lifestyle, legal status, or other factors.
(6) More than 1 in 5 Americans over age 65 do not drive,
more than 50 million Americans have a disability of some kind,
and in different times of his or her life virtually every
American will suffer from a mobility impairment of some kind.
(7) The full integration of all modes in the design of
streets and highways will increase the capacity and efficiency
of the road network, reduce traffic congestion by improving
mobility options, clean the air, limit greenhouse gas
emissions, and improve the general quality of life.
(8) Requiring accommodation of the needs of nonmotorized
users will eliminate hazards and improve safety for pedestrians
and cyclists, who now make up more than 12 percent of all
traffic fatalities.
(9) Improving the road network will allow more disabled
people to gain a higher level of independence through the use
of standard transit services, easing the economic burden on
transit systems which must provide paratransit options at great
cost.
(10) Public health officials across the country have called
for the construction of more bicycle and pedestrian facilities
as an important tool in fighting the obesity epidemic.
(11) The Energy Independence and Security Act of 2007
explicitly supports the implementation of a complete streets
policy.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of
Transportation.
(2) The term ``complete streets'' means roadways that
accommodate all travelers, particularly users of public
transit, bicyclists, pedestrians (including individuals of all
ages as well as individuals with mobility, sensory,
neurological, or hidden disabilities), and motorists to enable
all users to use the roadway safely and efficiently.
(3) The terms ``complete streets policy'' and ``complete
streets principles'' refer to transportation laws, policies, or
principles at the local, State, regional, or Federal level
which ensure--
(A) all users of the transportation system,
including pedestrians, bicyclists, and transit users as
well as children, older people, motorists, and those
with disabilities, are adequately accommodated in all
phases of project planning and development; and
(B) that the safety and convenience of all users
are considered in all phases of project planning and
development.
(4) The term ``transportation improvement program'' has the
same meaning such term has in section 134 of title 23, United
States Code.
(5) The term ``metropolitan planning organization'' has the
same meaning such term has in section 134(b) of such title.
(6) The term ``senior manager'' means--
(A) the director of a State department of
transportation or a designee;
(B) the director of a metropolitan planning
organization or a designee; or
(C) the director of a regional or county
transportation agency if such agency is primarily
responsible for planning and approval of transportation
projects, or a designee.
SEC. 4. COMPLETE STREETS POLICY REQUIREMENT.
(a) Law or Policy.--Beginning with the fiscal year that begins 2
years after the date of enactment of this Act, each State and
metropolitan planning organization shall have in effect--
(1) in the case of a State, a law requiring that all
transportation projects shall, from the date of enactment of
the State law, accommodate the safety and convenience of all
users in accordance with complete streets principles; or
(2) an explicit statement of policy of the State department
of transportation or metropolitan planning organization that
all transportation projects shall, from the date of enactment
of the State department of transportation or metropolitan
planning organization policy, accommodate the safety and
convenience of all users in accordance with complete streets
principles.
(b) Provisions Included.--The law or policy described in subsection
(a) shall--
(1) apply to each federally funded project of each
transportation improvement program;
(2) include a statement that every project of the
transportation improvement program makes roads accessible to
users of all ages and abilities of right-of-way pedestrians,
which may include bicyclists, transit vehicles and users, and
motorists;
(3) apply to new road construction and road improvement
projects, including design, planning, construction,
reconstruction, rehabilitation, maintenance, or operations, for
the entire right-of-way;
(4) indicate that new accommodation should be made in
pavement resurfacing projects where bicycling and walking areas
can be added within the scope of the original roadwork;
(5) delineate a clear procedure by which transportation
projects may be exempted from complying with complete streets
principles, which shall require approval by a senior manager
and documentation, with supporting data, that indicates the
basis for exemption;
(6) comply with up-to-date design standards, particularly
as they relate to providing access for persons with
disabilities;
(7) require that complete streets principles be applied so
that projects undertaken in accordance with these principles
fit within the context of the community for which the
transportation improvement program is intended; and
(8) include a list of performance standards with measurable
outcomes to ensure that the transportation improvement program
adheres to complete streets principles.
(c) Exemption Requirements and Procedures.--The law or policy
described in this section shall allow for exemptions from complete
streets policy only if--
(1)(A) affected roadways prohibit by law specified users
from using them, in which case a greater effort shall be made
to accommodate these specified users elsewhere;
(B) the cost for a particular project in complying with
complete streets principles would be excessively
disproportionate to the need or probable use of that particular
complete street; or
(C) the existing and planned population and employment
densities or level of transit service around a particular
roadway is low enough that there is a documented absence of a
need to implement certain complete streets principles; and
(2) all project-specific exemptions are approved by
either--
(A) a senior manager of the metropolitan planning
organization which approved the transportation
improvement program containing the exempted project;
(B) a senior manager of the State department of
transportation; or
(C) in the case of a project for which neither the
metropolitan planning organization nor the State
department of transportation is the agency with primary
transportation planning authority, a senior manager of
the regional or county agency responsible for planning
and approval of the proposed project to be exempted.
(d) Integration.--Each State department of transportation or
metropolitan planning organization implementing a complete streets
policy shall incorporate complete streets principles into all aspects
of the transportation project development process, including project
identification, scoping procedures, design approvals, design manuals,
and performance measures.
SEC. 5. CERTIFICATION.
(a) Project Certification.--Each State shall require every agency
that has primary design, construction, or financial responsibility for
a project located within the approved transportation improvement
program to review and certify that each such project incorporates
complete streets principles set forth in section 4.
(b) Subsequent Certifications.--After the initial certification
under subsection (a), the responsible agency described in such
subsection shall recertify annually until final construction is
completed that federally funded projects remain in compliance with the
requirements of section 4.
SEC. 6. ACCESSIBILITY STANDARDS.
(a) Issuance of Standards.--Not later than 12 months after the date
of enactment of this Act, the United States Access Board (originally
established by section 502 of the Rehabilitation Act (29 U.S.C. 792))
shall issue final standards for accessibility of new construction and
alterations of pedestrian facilities for public rights-of-way.
(b) Temporary Standards.--Until the United States Access Board
issues final public right-of-way accessibility standards as required by
this section, a State or metropolitan planning organization shall apply
the existing Department of Transportation Standards for Accessible
Transportation Facilities in section 37.9 of title 49, Code of Federal
Regulations, but to the extent that such standards do not address or
are inapplicable to public rights-of-way, the 2005 Revised Draft
Guidelines for Accessible Public Rights-of-Way issued by the United
States Access Board shall apply.
SEC. 7. TECHNICAL GUIDANCE.
(a) Report Required.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall make available to all State
and local transportation agencies a report of best practices describing
how transportation agencies across the country have implemented
complete streets principles in accordance with the requirements of this
Act.
(b) Report Contents.--In preparing the report under subsection (a),
the Secretary shall place particular emphasis on the following topics:
(1) Procedures for identifying the needs of users of all
ages and abilities for a given roadway.
(2) Procedures for identifying the types and designs of
facilities needed to serve each of these classes of users.
(3) Benefits provided by complete streets principles
implementation.
(4) Common barriers to implementation of complete streets
principles.
(5) Procedures for overcoming these most common barriers to
implementing complete streets principles.
(6) Procedures for identifying costs associated with
implementing complete streets principles.
(7) Procedures for maximizing local cooperation in the
implementation and introduction of complete streets principles.
(8) Procedures for assessing and modifying the facilities
and operational characteristics of existing roadways to improve
their consistency with complete streets principles. | Safe and Complete Streets Act of 2008 - Requires each state to have in effect within two years a law, or each state department of transportation or metropolitan planning organization an explicit policy statement, that requires all federally-funded transportation projects to accommodate the safety and convenience of all users in accordance with certain complete streets principles.
Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, and transit users as well as children, older people, motorists, and those with disabilities, are accommodated in all phases of project planning and development.
Allows such law or policy to make exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population and employment densities or level of transit service around a roadway is low enough that there is no need to implement such principles; and (2) all project-specific exemptions are properly approved.
Requires states to ensure that every agency responsible for a project within an approved transportation improvement program reviews and certifies that the project incorporates complete streets principles.
Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. | {"src": "billsum_train", "title": "To implement a safe and complete streets program."} | 2,282 | 308 | 0.474949 | 1.58778 | 0.730163 | 4.379562 | 8.120438 | 0.948905 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Erin's Law''.
SEC. 2. ERIN MAXWELL MEMORIAL GRANTS.
(a) Findings.--Congress makes the following findings:
(1) With the enactment of the Adoption and Safe Families
Act of 1997 (Public Law 105-89), Congress asserted the pre-
eminent importance ensuring children's safety.
(2) Five children die every day from abuse and neglect in
America.
(3) Between 2001 and 2007, a total of 10,440 children died
as a result of abuse and neglect.
(4) Research has revealed that child deaths resulting from
an injury caused by abuse or neglect are underreported, and
that as many as 50 to 60 percent of child fatalities resulting
from abuse or neglect are not recorded as such, according to
studies conducted in 2002 and 2005.
(5) States receive allegations of child abuse or neglect
involving as many as 6,000,000 children each year.
(6) Well trained, competent, and sufficient child
protective services workers are critical to screening those
allegations and responding appropriately to ensure children's
safety.
(b) Establishment of Grant Program.--Part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.) is amended by adding at the
end the following:
``Subpart 3--Erin Maxwell Memorial Grant Program
``SEC. 440. ERIN MAXWELL MEMORIAL GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means a unit of local government or an Indian tribe or tribal
organization that satisfies the conditions specified in
subsection (d).
``(2) Child protective services worker.--The term `child
protective services worker' means an individual whose primary
employment responsibility is to conduct screening and intake of
referrals alleging child abuse or neglect, to investigate
allegations of child abuse or neglect, to provide alternative
or differential responses to actual or alleged child abuse or
neglect, or to provide preventative services or post-
investigation services for actual or alleged victims of child
abuse or neglect.
``(3) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given such
terms by subsections (e) and (l) of section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b), respectively.
``(b) Authority To Award Grants.--The Secretary shall award grants
on a competitive basis to eligible applicants for hiring child
protective services workers.
``(c) Applications.--
``(1) In general.--Each eligible applicant desiring a grant
under this section shall submit an application to the Secretary
at such time, in such a manner, and accompanied by such
information as the Secretary shall require.
``(2) Contents.--In accordance with the regulations or
guidelines established by the Secretary, an application
submitted pursuant to paragraph (1) shall--
``(A) include a long-term strategy and
implementation plan that reflects consultation with
community groups and appropriate private and public
agencies and that is designed to--
``(i) reduce caseloads of child protective
services workers;
``(ii) improve timeliness of response to
allegations of child abuse or neglect;
``(iii) improve training and qualifications
of child protective services workers to better
ensure children's safety; and
``(iv) improve protocols and interagency
communication processes related to responding
to multiple allegations of child abuse or
neglect concerning the same household;
``(B) describe the activities for which grant funds
are sought;
``(C) explain the applicant's inability to address
the need without such funds;
``(D) identify related governmental and community
initiatives which complement or will be coordinated
with the proposal;
``(E) attest that funds shall go to the hiring of
child protective services workers;
``(F) specify plans for the assumption by the
eligible applicant of a progressively larger share of
the cost in the course of time, looking toward the
continuation of the increased hiring level using State
or local sources of funding following the conclusion of
the Federal financial support;
``(G) provides assurances that the applicant will
satisfy the conditions specified in subsection (d); and
``(H) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
``(d) Eligibility for Funding.--For purposes of subsections (a)(1)
and (c)(2)(G), the conditions specified in this subsection are the
following:
``(1) Records.--The eligible applicant shall maintain a
record of all referrals of child abuse or neglect in a manner
that is consistent with the confidentiality and recordkeeping
provisions under clauses (vii), (viii), (ix), and (xii) of
section 106(b)(2)(A) of the Child Abuse Prevention and
Treatment Act.
``(2) Additional condition for units of local government.--
In the case of a unit of local government, in addition to
satisfying the condition specified in paragraph (1), the unit
of local government shall not be eligible for a grant under
this section unless the unit of local government demonstrates
in its application submitted under subsection (c) that the
State in which the unit of local government is located has
fulfilled the requirements of sections 106(b) and 107(b) of the
Child Abuse Prevention and Treatment Act.
``(e) Use of Funds.--
``(1) In general.--Funds received pursuant to a grant
awarded under this section may not be expended to offset a
reduction in any other source of funds.
``(2) Individual worker funding limit.--Out of funds
received pursuant to a grant awarded under this section, not
more than $50,000 may be used to hire or rehire any child
protective services worker, unless the Secretary grants a
waiver from this limitation.
``(f) Matching Funds.--The portion of the costs of hiring or
rehiring child protective services workers provided by a grant awarded
under this section may not exceed 75 percent, unless the Secretary
waives, wholly or in part, the requirement under this subsection of a
non-Federal contribution to the costs of hiring or rehiring child
protective services workers.
``(g) Awarding of Grants.--The Secretary shall ensure that, of the
amounts made available to carry out this section for a fiscal year--
``(1) 50 percent of such funds shall be used to award
grants to eligible applicants that have jurisdiction over areas
with populations exceeding 150,000; and
``(2) 50 percent of such funds shall be used to award
grants to eligible applicants that have jurisdiction over areas
with populations of 150,000 or less.
``(h) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall promulgate regulations
to carry out the grant program authorized by this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $50,000,000 for each of fiscal
years 2011 through 2015.''. | Erin's Law - Amends part B (Child and Family Services) of title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize the Secretary of Health and Human Services (HHS) to award Erin Maxwell memorial grants to eligible Indian tribes or tribal organizations for hiring child protective services workers. | {"src": "billsum_train", "title": "A bill to amend part B of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to award grants to local and tribal governments for hiring child protective services workers."} | 1,591 | 80 | 0.533329 | 1.445345 | 0.87833 | 1.777778 | 23.349206 | 0.825397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Common Access Card Act of
2014''.
SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM.
(a) Pilot Program Implementation (Phase I).--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall conduct a pilot
program under title XVIII of the Social Security Act for the
purpose of utilizing smart card technology for Medicare
beneficiary and provider identification cards in order to--
(A) increase the quality of care furnished to
Medicare beneficiaries;
(B) improve the accuracy and efficiency in the
billing for Medicare items and services furnished by
Medicare providers;
(C) reduce the potential for identity theft and
other unlawful use of Medicare beneficiary and provider
identifying information; and
(D) reduce waste, fraud, and abuse in the Medicare
program.
(2) Site requirements.--The Secretary shall conduct the
pilot program in at least 5 geographic areas in which the
Secretary determines there is a high risk for waste, fraud, or
abuse.
(3) Design of pilot program.--In designing the pilot
program, the Secretary shall provide for the following:
(A) Implementation of a system that utilizes a
smart card as a Medicare identification card for
Medicare beneficiaries and Medicare providers. Such a
card shall contain appropriate security features and
protect personal privacy.
(B) Issuance of a new smart card to all Medicare
beneficiaries participating in the pilot program. Such
card shall not have the Social Security number printed
on the front but, instead shall have such number stored
securely on the smart card chip along with other
information the Secretary deems necessary.
(C) Issuance of a new provider card to all Medicare
providers participating in the pilot program. Such card
shall include a photograph of the provider and shall
not have the Medicare provider number printed on the
front of the card but, instead shall have such number
stored securely on the smart card chip along with other
information the Secretary deems necessary.
(D) A process for enrollment of all Medicare
providers that includes--
(i) identity and certification
verification; and
(ii) utilization of biometric data, such as
fingerprints, for provider identification and
authentication.
(E) A process under which the cards issued under
subparagraphs (B) and (C) are used by both Medicare
beneficiaries and Medicare providers to verify
eligibility, prevent fraud, and authorize transactions.
(F) Distribution of necessary equipment, including
cards, card readers, kiosks, biometric readers, and
other materials or documents to Medicare beneficiaries
and providers at no cost to them.
(G) Regular monitoring and review by the Secretary
of Medicare providers' Medicare billings and Medicare
beneficiaries' Medicare records in order to identify
and address inaccurate charges and instances of waste,
fraud, or abuse.
(H) Reporting mechanisms for measuring the cost
savings to the Medicare program by reason of the pilot
program.
(I) Include provisions--
(i) to ensure that all devices and systems
utilized as part of the pilot program comply
with standards for identity credentials and
biometric data developed by the American
National Standards Institute and the National
Institute of Standards and Technology and
Federal requirements relating to
interoperability and information security,
including all requirements under the Health
Insurance Portability and Accountability Act of
1996;
(ii) to ensure that a Medicare
beneficiary's and provider's personal
identifying, health, and other information is
protected from unauthorized access or
disclosure through the use of at least two-
factor authentication;
(iii) for the development of procedures and
guidelines for the use of identification cards,
card readers, kiosks, biometric data and
readers, and other equipment to verify a
Medicare beneficiary's identity and eligibility
for services;
(iv) to ensure that each Medicare
beneficiary and provider participating in the
pilot program is informed of--
(I) the purpose of the program;
(II) the processes for capturing,
enrolling, and verifying their
eligibility and, with respect to
providers, their biometric data;
(III) the manner in which the
biometric data for providers will be
used; and
(IV) the steps that will be taken
to protect personal identifying,
health, and other information from
unauthorized access and disclosure;
(v) for addressing problems related to the
loss, theft, or malfunction of or damage to
equipment and any identifying documents or
materials provided by the Secretary;
(vi) for development of a hotline, Web
site, or other means by which Medicare
beneficiaries and providers can contact the
Secretary for assistance; and
(vii) for addressing problems related to
accessing care outside the pilot area and cases
where the individual faces issues related to
physical or other capacity limitations.
(4) Privacy.--Information on the smart card shall only be
disclosed if the disclosure of such information is permitted
under the Federal regulations (concerning the privacy of
individually identifiable health information) promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996.
(5) Disclosure exemption.--Information on the smart card
shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code.
(b) Expanded Implementation (Phase II).--Taking into account the
interim report under subsection (d)(2) the Secretary shall, through
rulemaking, expand the duration and the scope of the pilot program, to
the extent determined appropriate by the Secretary.
(c) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as the Secretary
determines to be appropriate for the conduct of the pilot program.
(d) Reports to Congress.--
(1) Plan.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report that contains a description of the design and
development of the pilot program, including the Secretary's
plan for implementation.
(2) Interim report.--Not later than 1 year after the pilot
program is first implemented, the Secretary shall conduct an
evaluation of the pilot program and submit an interim report to
Congress. Such an evaluation shall include an initial analysis
of the deployment of the program, the usability of the card
system, and the measures taken to protect beneficiary and
provider information.
(3) Additional report.--Not later than 2 years after the
date that the pilot program is first implemented, the Secretary
shall submit to Congress a report on the pilot program. Such
report shall contain a detailed description of issues related
to the expansion of the program under subsection (b) and
recommendations for such legislation and administrative actions
as the Secretary considers appropriate for implementation of
the program on a nationwide basis.
(e) Funding.--There are appropriated, from amounts in the Treasury
not otherwise appropriated, $29,000,000 for the design, implementation,
and evaluation of the pilot program. Amounts appropriated under the
preceding sentence shall remain available until expended.
(f) Definitions.--In this section:
(1) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to, or enrolled for,
benefits under part A of title XVIII of the Social Security Act
or enrolled for benefits under part B of such title.
(2) Medicare program.--The term ``Medicare program'' means
the health benefits program under title XVIII of the Social
Security Act.
(3) Medicare provider.--The term ``Medicare provider''
means a provider of services (as defined in subsection (u) of
section 1861 of the Social Security Act (42 U.S.C. 1395x)) and
a supplier (as defined in subsection (d) of such section),
including a supplier of durable medical equipment and supplies.
(4) Pilot program.--The term ``pilot program'' means the
pilot program conducted under this section.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Smart card.--The term ``smart card'' means a secure,
electronic, machine readable, fraud-resistant, tamper-resistant
card that includes an embedded integrated circuit chip with a
secure micro-controller.
SEC. 3. REVISION OF FUNDING FOR THE CENTER FOR MEDICARE AND MEDICAID
INNOVATION.
Section 1115A(f) of the Social Security Act (42 U.S.C. 1315a(f)) is
amended--
(1) In paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) $8,900,000,000 for the activities initiated
under this section for the period of fiscal years 2020
through 2029; and''; and
(D) in subparagraph (D), as redesignated by
subparagraph (B) of this paragraph, by striking
``2020'' and inserting ``2030''; and
(2) in paragraph (2), by striking ``and (C)'' and inserting
``, (C), and (D)''. | Medicare Common Access Card Act of 2014 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act (SSA) in order to utilize smart card technology for Medicare beneficiary and provider identification cards. Amends SSA title XI to extend through FY2029 funding for the Center for Medicare and Medicaid Innovation. | {"src": "billsum_train", "title": "Medicare Common Access Card Act of 2014"} | 1,996 | 75 | 0.573613 | 1.421927 | 0.652638 | 4.067797 | 31.983051 | 0.881356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Garnishment Prevention
Act''.
SEC. 2. PROHIBITION ON USE OF FUNDS TO PROMOTE DIRECT DEPOSIT OF
VETERANS AND SOCIAL SECURITY BENEFITS UNTIL ASSURANCE OF
PROTECTION FROM ATTACHMENT OR GARNISHMENT.
(a) Findings.--Congress makes the following findings:
(1) Section 5301(a)(1) of title 38 of the United States
Code provides that Veterans benefit payments ``shall be exempt
from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
process whatever, either before or after receipt by the
beneficiary.''.
(2) Section 207 of the Social Security Act (42 U.S.C. 407)
provides that Social Security benefits shall not ``be subject
to execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency
law.''.
(3) Congress intended for Veterans and Social Security
benefits to provide at least a minimum subsistence for our
Nation's veterans, elderly, and disabled.
(4) \\Social Security benefits are the only source of
income for over 20 percent of Social Security recipients.
(5) Many financial institutions are garnishing accounts on
behalf of creditors in order to recover debt owed to them, and
are assessing fees on bank accounts into which Veterans and
Social Security benefits are electronically deposited.
(6) Many recipients of these benefits are left temporarily
destitute when financial institutions freeze access to their
only source of income.
(7) Despite the lack of protections for direct deposit
recipients of Veterans and Social Security benefits, the
Treasury is spending millions of dollars encouraging veterans,
seniors, and other recipients of social security benefits to
use direct deposit for receipt of their benefits.
(b) Prohibition.--No funds appropriated or otherwise made available
to the Secretary of the Treasury, the Secretary of Veterans Affairs, or
the Commissioner of Social Security for fiscal year 2010 or any fiscal
year thereafter may be used to promote or otherwise encourage
recipients of old-age, survivors, or disability insurance benefits paid
under title II of the Social Security Act, or veterans benefits
provided under the laws administered by the Secretary of Veterans
Affairs, to use direct deposit for payment of such benefits, or to
otherwise promote the use of direct deposit for such benefits, until
the Secretary of the Treasury promulgates rules establishing procedures
to ensure that such benefits are protected from attachment and
garnishment in accordance with the requirements of section 207 of the
Social Security Act (42 U.S.C. 407), and at least 5 of the 7 members of
the advisory committee established under subsection (c) concur in
advising the Secretary of the Treasury that such procedures provide
adequate safeguards.
(c) Advisory Committee.--
(1) Establishment.--There is hereby established an Advisory
Committee to be known as the ``Social Security Benefits
Protection from Attachment or Garnishment Advisory Committee''.
(2) Membership.--The Committee shall be comprised of 7
members comprised of, or appointed by the following:
(A) The Secretary of the Treasury.
(B) The Chair of the Committee on Ways and Means of
the House of Representatives.
(C) The Ranking Member of the Committee on Ways and
Means of the House of Representatives.
(D) The Chair of the Committee on Finance of the
Senate.
(E) The Ranking Member of the Committee on Finance
of the Senate.
(F) The Chair of the Special Committee on Aging of
the Senate.
(G) The Ranking Member of the Special Committee on
Aging of the Senate.
(3) Meetings.--The Secretary of the Treasury shall
establish meetings of the Committee.
(4) Duties.--The Committee shall review the procedures
promulgated by the Secretary of the Treasury to carry out
subsection (b) and, upon the concurrence of at least 5 members
of the Committee, advise the Secretary of the Treasury as to
the adequacy of such procedures with respect to protecting old-
age, survivors, or disability insurance benefits paid under
title II of the Social Security Act from attachment and
garnishment.
(5) FACA exemption.--The Committee shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.). | Illegal Garnishment Prevention Act - Prohibits funds appropriated or otherwise made available to the Secretary of the Treasury, the Secretary of Veterans Affairs, or the Commissioner of Social Security for FY2010 or any fiscal year thereafter from being used to promote or otherwise encourage recipients of veterans benefits or benefits paid under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to use direct deposit for the payment of such benefits until: (1) the Secretary of the Treasury promulgates rules establishing procedures to ensure that such benefits are protected from attachment and garnishment; and (2) at least five of the seven members of the advisory committee established under this Act concur in advising the Secretary that such procedures provide adequate safeguards.
Establishes a Social Security Benefits Protection from Attachment or Garnishment Advisory Committee. | {"src": "billsum_train", "title": "To prohibit the use of funds to promote the direct deposit of Veterans and Social Security benefits until adequate safeguards are established to prevent the attachment and garnishment of such benefits."} | 946 | 182 | 0.67174 | 2.019524 | 0.954519 | 5.038961 | 5.655844 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Regulatory Analysis
of Impacts on the Nation Act of 2011''.
SEC. 2. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT
IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES.
(a) Establishment.--The President shall establish a committee to be
known as the Committee for the Cumulative Analysis of Regulations that
Impact Energy and Manufacturing in the United States (in this Act
referred to as the ``Committee'') to analyze and report on the
cumulative and incremental impacts of certain rules and actions of the
Environmental Protection Agency, in accordance with sections 3 and 4.
(b) Members.--The Committee shall be composed of the following
officials (or their designees):
(1) The Secretary of Agriculture, acting through the Chief
Economist.
(2) The Secretary of Commerce, acting through the Under
Secretary for International Trade.
(3) The Secretary of Labor, acting through the Commissioner
of the Bureau of Labor Statistics.
(4) The Secretary of Energy, acting through the
Administrator of the Energy Information Administration.
(5) The Secretary of the Treasury, acting through the
Deputy Assistant Secretary for Environment and Energy of the
Department of the Treasury.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Chairman of the Council of Economic Advisors.
(8) The Chairman of the Federal Energy Regulatory
Commission.
(9) The Administrator of the Office of Information and
Regulatory Affairs.
(10) The Chief Counsel for Advocacy of the Small Business
Administration.
(11) The Chairman of the United States International Trade
Commission, acting through the Office of Economics.
(c) Chair.--The Secretary of Commerce shall serve as Chair of the
Committee. In carrying out the functions of the Chair, the Secretary of
Commerce shall consult with the members serving on the Committee
pursuant to paragraphs (5) and (11) of subsection (b).
(d) Consultation.--In conducting analyses under section 3 and
preparing reports under section 4, the Committee shall consult with,
and consider pertinent reports issued by, the Electric Reliability
Organization certified under section 215(c) of the Federal Power Act
(16 U.S.C. 824o(c)).
(e) Termination.--The Committee shall terminate 90 days after
submitting its final report pursuant to section 4(c).
SEC. 3. ANALYSES.
(a) Scope.--The Committee shall conduct analyses, for each of the
calendar years 2016, 2020, and 2030, of the following:
(1) The cumulative impact of covered rules that are
promulgated as final regulations on or before January 1, 2012,
in combination with covered actions.
(2) The cumulative impact of all covered rules (including
covered rules that have not been promulgated as final
regulations on or before January 1, 2012), in combination with
covered actions.
(3) The incremental impact of each covered rule not
promulgated as a final regulation on or before January 1, 2012,
relative to an analytic baseline representing the results of
the analysis conducted under paragraph (1).
(b) Contents.--The Committee shall include in each analysis
conducted under this section the following:
(1) Estimates of the impacts of the covered rules and
covered actions with regard to--
(A) the global economic competitiveness of the
United States, particularly with respect to energy
intensive and trade sensitive industries;
(B) other cumulative costs and cumulative benefits,
including evaluation through a general equilibrium
model approach;
(C) any resulting change in national, State, and
regional electricity prices;
(D) any resulting change in national, State, and
regional fuel prices;
(E) the impact on national, State, and regional
employment during the 5-year period beginning on the
date of enactment of this Act, and also in the long
term, including secondary impacts associated with
increased energy prices and facility closures; and
(F) the reliability and adequacy of bulk power
supply in the United States.
(2) Discussion of key uncertainties and assumptions
associated with each estimate.
(3) A sensitivity analysis.
(4) Discussion, and where feasible an assessment, of the
cumulative impact of the covered rules and covered actions on--
(A) consumers;
(B) small businesses;
(C) regional economies;
(D) State, local, and tribal governments;
(E) local and industry-specific labor markets; and
(F) agriculture,
as well as key uncertainties associated with each topic.
(c) Methods.--In conducting analyses under this section, the
Committee shall use the best available methods, consistent with
guidance from the Office of Information and Regulatory Affairs and the
Office of Management and Budget Circular A-4.
(d) Data.--In conducting analyses under this section, the Committee
shall use the best available data, including the most recent data
representing air and water quality, facility emissions and discharges,
and installed controls.
(e) Covered Rules.--In this section, the term ``covered rule''
means the following:
(1) The following published rules (including any successor
or substantially similar rule):
(A) ``Federal Implementation Plans To Reduce
Interstate Transport of Fine Particulate Matter and
Ozone'', published at 75 Fed. Reg. 45210 (August 2,
2010).
(B) ``National Ambient Air Quality Standards for
Ozone'', published at 75 Fed. Reg. 2938 (January 19,
2010).
(C) ``National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial,
and Institutional Boilers and Process Heaters'',
published at 76 Fed. Reg. 15608 (March 21, 2011).
(D) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial,
and Institutional Boilers'', published at 76 Fed. Reg.
15554 (March 21, 2011).
(E) ``National Emission Standards for Hazardous Air
Pollutants from Coal- and Oil-fired Electric Utility
Steam Generating Units and Standards of Performance for
Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-
Commercial-Institutional Steam Generating Units'',
signed by Administrator Lisa P. Jackson on March 16,
2011.
(F) ``Hazardous and Solid Waste Management System;
Identification and Listing of Special Wastes; Disposal
of Coal Combustion Residuals From Electric Utilities'',
published at 75 Fed. Reg. 35127 (June 21, 2010).
(G) ``Effluent Limitations Guidelines and Standards
for the Construction and Development Point Source
Category'', published at 74 Fed. Reg. 62995 (December
1, 2009).
(H) ``National Pollutant Discharge Elimination
System--Proposed Regulations to Establish Requirements
for Cooling Water Intake Structures at Existing
Facilities and Amend Requirements at Phase I
Facilities'', signed by Administrator Lisa P. Jackson
on March 28, 2011.
(I) ``Primary National Ambient Air Quality Standard
for Sulfur Dioxide'', published at 75 Fed. Reg. 35520
(June 22, 2010).
(J) ``Primary National Ambient Air Quality
Standards for Nitrogen Dioxide'', published at 75 Fed.
Reg. 6474 (February 9, 2010).
(2) The following additional rules or guidelines
promulgated on or after January 1, 2009:
(A) Any rule or guideline promulgated under
sections 111(b) or 111(d) of the Clean Air Act (42
U.S.C. 7411(b), 7411(d)) to address climate change.
(B) Any rule or guideline promulgated by the
Administrator of the Environmental Protection Agency, a
State, a local government, or a permitting agency under
or as the result of section 169A or 169B of the Clean
Air Act (42 U.S.C. 7491, 7492).
(C) Any rule establishing or modifying a national
ambient air quality standard under section 109 of the
Clean Air Act (42 U.S.C. 7409).
(f) Covered Actions.--In this section, the term ``covered action''
means any action on or after January 1, 2009, by the Administrator of
the Environmental Protection Agency, a State, a local government, or a
permitting agency as a result of the application of part C of title I
(relating to prevention of significant deterioration of air quality) or
title V (relating to permitting) of the Clean Air Act (42 U.S.C. 7401
et seq.), if such application occurs with respect to an air pollutant
that is identified as a greenhouse gas in ``Endangerment and Cause or
Contribute Findings for Greenhouse Gases Under Section 202(a) of the
Clean Air Act'', published at 74 Fed. Reg. 66496 (December 15, 2009).
SEC. 4. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report.--Not later than January 31, 2012, the
Committee shall make public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a preliminary report
containing the results of the analyses conducted under section 3.
(b) Public Comment Period.--The Committee shall accept public
comments regarding the preliminary report submitted under subsection
(a) for a period of 90 days after such submission.
(c) Final Report.--Not later than August 1, 2012, the Committee
shall submit to Congress a final report containing the analyses
conducted under section 3, including any revisions to such analyses
made as a result of public comments, and a response to such comments.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act a
total of $2,000,000 for fiscal years 2012 and 2013. | Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 - Requires the President to establish the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of covered rules and actions of the Environmental Protection Agency (EPA) concerning air, waste, water, and climate change for each of calendar years 2016, 2020, and 2030.
Requires such analysis to include: (1) estimates of the impacts of covered rules promulgated as final regulations on or before January 1, 2012, in combination with covered actions on U.S. economic competitiveness, electricity prices, fuel prices, employment, and the reliability and adequacy of bulk power supply in the United States; and (2) a discussion and assessment of the cumulative impact on consumers, small businesses, regional economies, state, local, and tribal governments, local and industry-specific labor markets, and agriculture.
Includes among "covered rules" specified national standards for air quality, hazardous and solid waste, and water pollutants and other rules promulgated under specified provisions of the Clean Air Act on or after January 1, 2009.
Defines "covered action" as any action on or after such date by the EPA, a state, a local government, or a permitting agency as a result of the application of specified Clean Air Act (CAA) provisions with respect to an air pollutant that is identified as a greenhouse gas. | {"src": "billsum_train", "title": "To require analyses of the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, and for other purposes."} | 2,187 | 311 | 0.537496 | 1.747173 | 0.741662 | 4.588652 | 7.095745 | 0.929078 |
SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION.
(a) In General.--Section 7(h) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the
following new paragraph:
``(4)(A) As used in this paragraph, the term `Cook Inlet Regional
Corporation' means Cook Inlet Region, Incorporated.
``(B) The Cook Inlet Regional Corporation may, by an amendment to
its articles of incorporation made in accordance with the voting
standards under section 36(d)(1), purchase Settlement Common Stock of
the Cook Inlet Regional Corporation and all rights associated with the
stock from the shareholders of Cook Inlet Regional Corporation in
accordance with any provisions included in the amendment that relate to
the terms, procedures, number of offers to purchase, and timing of
offers to purchase.
``(C) Subject to subparagraph (D), and notwithstanding paragraph
(1)(B), the shareholders of Cook Inlet Regional Corporation may, in
accordance with an amendment made pursuant to subparagraph (B), sell
the Settlement Common Stock of the Cook Inlet Regional Corporation to
itself.
``(D) No sale or purchase may be made pursuant to this paragraph
without the prior approval of the board of directors of Cook Inlet
Regional Corporation. Except as provided in subparagraph (E), each sale
and purchase made under this paragraph shall be made pursuant to an
offer made on the same terms to all holders of Settlement Common Stock
of the Cook Inlet Regional Corporation.
``(E) To recognize the different rights that accrue to any class or
series of shares of Settlement Common Stock owned by stockholders who
are not residents of a Native village (referred to in this paragraph as
`non-village shares'), an amendment made pursuant to subparagraph (B)
shall authorize the board of directors (at the option of the board) to
offer to purchase--
``(i) the non-village shares, including the right to share in
distributions made to shareholders pursuant to subsections (j) and
(m) (referred to in this paragraph as `nonresident distribution
rights'), at a price that includes a premium, in addition to the
amount that is offered for the purchase of other village shares of
Settlement Common Stock of the Cook Inlet Regional Corporation,
that reflects the value of the nonresident distribution rights; or
``(ii) non-village shares without the nonresident distribution
rights associated with the shares.
``(F) Any shareholder who accepts an offer made by the board of
directors pursuant to subparagraph (E)(ii) shall receive, with respect
to each non-village share sold by the shareholder to the Cook Inlet
Regional Corporation--
``(i) the consideration for a share of Settlement Common Stock
offered to shareholders of village shares; and
``(ii) a security for only the nonresident rights that attach
to such share that does not have attached voting rights (referred
to in this paragraph as a `non-voting security').
``(G) An amendment made pursuant to subparagraph (B) shall
authorize the issuance of a non-voting security that--
``(i) shall, for purposes of subsections (j) and (m), be
treated as a non-village share with respect to--
``(I) computing distributions under such subsections; and
``(II) entitling the holder of the share to the
proportional share of the distributions made under such
subsections;
``(ii) may be sold to Cook Inlet Region, Inc.; and
``(iii) shall otherwise be subject to the restrictions under
paragraph (1)(B).
``(H) Any shares of Settlement Common Stock purchased pursuant to
this paragraph shall be canceled on the conditions that--
``(i) non-village shares with the nonresident rights that
attach to such shares that are purchased pursuant to this paragraph
shall be considered to be--
``(I) outstanding shares; and
``(II) for the purposes of subsection (m), shares of stock
registered on the books of the Cook Inlet Regional Corporation
in the names of nonresidents of villages;
``(ii) any amount of funds that would be distributable with
respect to non-village shares or non-voting securities pursuant to
subsection (j) or (m) shall be distributed by Cook Inlet Regional
Corporation to itself; and
``(iii) village shares that are purchased pursuant to this
paragraph shall be considered to be--
``(I) outstanding shares, and
``(II) for the purposes of subsection (k) shares of stock
registered on the books of the Cook Inlet Regional Corporation
in the names of the residents of villages.
``(I) Any offer to purchase Settlement Common Stock made pursuant
to this paragraph shall exclude from the offer--
``(i) any share of Settlement Common Stock held, at the time
the offer is made, by an officer (including a member of the board
of directors) of Cook Inlet Regional Corporation or a member of the
immediate family of the officer; and
``(ii) any share of Settlement Common Stock held by any
custodian, guardian, trustee, or attorney representing a
shareholder of Cook Inlet Regional Corporation in fact or law, or
any other similar person, entity, or representative.
``(J)(i) The board of directors of Cook Inlet Regional Corporation,
in determining the terms of an offer to purchase made under this
paragraph, including the amount of any premium paid with respect to a
non-village share, may rely upon the good faith opinion of a recognized
firm of investment bankers or valuation experts.
``(ii) Neither Cook Inlet Regional Corporation nor a member of the
board of directors or officers of Cook Inlet Regional Corporation shall
be liable for damages resulting from terms made in an offer made in
connection with any purchase of Settlement Common Stock if the offer
was made--
``(I) in good faith;
``(II) in reliance on a determination made pursuant to clause
(i); and
``(III) otherwise in accordance with this paragraph.
``(K) The consideration given for the purchase of Settlement Common
Stock made pursuant to an offer to purchase that provides for such
consideration may be in the form of cash, securities, or a combination
of cash and securities, as determined by the board of directors of Cook
Inlet Regional Corporation, in a manner consistent with an amendment
made pursuant to subparagraph (B).
``(L) Sale of Settlement Common Stock in accordance with this
paragraph shall not diminish a shareholder's status as an Alaska Native
or descendant of a Native for the purpose of qualifying for those
programs, benefits and services or other rights or privileges set out
for the benefit of Alaska Natives and Native Americans. Proceeds from
the sale of Settlement Common Stock shall not be excluded in
determining eligibility for any needs-based programs that may be
provided by Federal, State or local agencies.''.
(b) Conforming Amendment.--Section 8(c) of such Act (43 U.S.C.
1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than
paragraph (4))''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation (Cook Inlet Region, Incorporated) to purchase its shareholder-held common stock.
States that neither Cook Inlet Regional Corporation nor a member of the board of directors or officers of Cook Inlet Regional Corporation shall be liable for damages resulting from a good faith stock purchase offer. | {"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes."} | 1,645 | 81 | 0.603095 | 1.551395 | 0.51473 | 5.223881 | 22.910448 | 0.985075 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stabilization and Pacification of
Southern Serbia Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On June 10, 1999, the North Atlantic Treaty
Organization (NATO) military air operation in the former
Yugoslavia concluded with the withdrawal of all Serbian police,
paramilitary, and military forces from Kosovo, a province of
Serbia.
(2) On June 9, 1999, the NATO-led international security
force for Kosovo, KFOR, and the Governments of the Federal
Republic of Yugoslavia and the Republic of Serbia concluded a
Military Technical Agreement which, among other things, created
a five kilometer (three mile) Ground Safety Zone (GSZ)
extending from the boundary of Kosovo into southern Serbia in
which forces, except regular police, of the Federal Republic of
Yugoslavia or Serbia were excluded from entering without the
express permission of the commander of KFOR.
(3) During the winter of 1999-2000, incidents involving the
infiltration from Kosovo into southern Serbia within the GSZ of
ethnic Albanian guerrilla forces, designated as the Liberation
Army of Presevo, Medvedja and Bujanovac (UCPMB), were reported
by KFOR.
(4) The declared objective of the UCPMB is the liberation
of the ethnic Albanian population of southern Serbia from the
authority of the Governments of Serbia and the Federal Republic
of Yugoslavia.
(5) The tactics utilized by the UCPMB include the
assassination of Serbian police operating legally within the
GSZ and the intimidation of Serbian residents in order to
induce them to leave the region.
(6) On December 17, 2000, United States and Russian
Federation troops serving in KFOR who were patrolling the
boundary with Serbia in order to interdict the smuggling of
arms came under attack by ethnic Albanians attempting to
infiltrate into the GSZ from Kosovo.
(7) The Government of the Former Yugoslav Republic of
Macedonia (Macedonia), a coalition that includes
representatives of the ethnic Albanian minority in Macedonia,
has taken steps acknowledged and applauded by the international
community as well as leaders of the Albanians in Kosovo to
establish normal relations with Kosovo.
(8) On February 26, 2001, fighting erupted along the border
between Serbia and Macedonia in the Macedonian village of
Tanusevci between the Macedonian Army and ethnic Albanians.
SEC. 3. POLICY.
It shall be the policy of the United States Government--
(1) to promote a dialog between legitimate representatives
of the Albanian community of southern Serbia and the
authorities of the Republic of Serbia and the Federal Republic
of Yugoslavia aimed at addressing the concerns of both the
ethnic Albanian residents of the region and those of the
Serbian authorities;
(2) to address the deteriorating security situation in the
Presevo valley of southern Serbia in conjunction with the North
Atlantic Treaty Organization (NATO), the NATO-led international
security force for Kosovo (KFOR), and the Serbian authorities;
(3) to urge the authorities of the Federal Republic of
Yugoslavia and the Republic of Serbia to work with the
Government of the Former Yugoslav Republic of Macedonia
(Macedonia) to find agreement on a complete demarcation of the
border between Serbia and Macedonia;
(4) to support efforts of the Federal Republic of
Yugoslavia, Republic of Serbia and the Government of Macedonia
to maintain security along the agreed upon border;
(5) to support the establishment of an international
observation and monitoring presence along the Serbian-
Macedonian border should such presence be requested by the
concerned parties; and
(6) to oppose any modification of the political status of
the Province of Kosovo unless and until--
(A) all ethnically motivated violence by Kosovo
Albanians against Serbian residents of Kosovo has
subsided; and
(B) all assistance by citizens or residents of
Kosovo to parties using violent means to further
separatist aims in southern Serbia or Macedonia has
ceased.
SEC. 4. PROHIBITION OF FUNDS.
(a) Prohibition.--No funds appropriated or otherwise made available
for assistance for Kosovo under title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2001 (as
contained in H.R. 5526 of the 106th Congress, as introduced on October
24, 2000, as enacted into law by section 101(a) of Public Law 106-429,
and as contained in an appendix at the end thereto), other than
assistance for Kosovo under the heading ``international narcotics
control and law enforcement'', may be expended after June 30, 2001,
unless, not later than such date, the President determines and
certifies to Congress that--
(1) residents or citizens of Kosovo are not providing
assistance to the Liberation Army of Presevo, Medvedja and
Bujanovac (UCPMB), or any other organization engaging in or
otherwise supporting ethnically-motivated violence in southern
Serbia;
(2) representatives of the leadership of the major Albanian
political parties of Kosovo--the Democratic League of Kosovo
(LDK) led by Ibrahim Rugova, the Party of Democratic Kosovo
(PDK) led by former KLA leader Hashim Thaci, and the Alliance
for the Future of Kosovo (AAK) led by former KLA Commander
Ramuz Haradinaj--are positively exerting their influence to
halt ethnic violence within Kosovo; and
(3) residents or citizens of Kosovo are not providing
assistance to the Liberation Army of Macedonia, or any other
organization engaging in or otherwise supporting ethnically-
motivated violence in Macedonia.
(b) Waiver.--The President may waive the application of subsection
(a) if the President determines and certifies to Congress not later
than June 30, 2001 that it is in the national interests of the United
States to do so. | Stabilization and Pacification of Southern Serbia Act - Declares it is U.S. policy to: (1) promote dialog between representatives of the Albanian community of southern Serbia and the authorities of the Republic of Serbia and the Federal Republic of Yugoslavia aimed at addressing the concerns of both the ethnic Albanian residents of the region and those of the Serbian authorities; (2) address the deteriorating security situation in the Presevo valley of southern Serbia in conjunction with the North Atlantic Treaty Organization (NATO), the NATO-led international security force for Kosovo (KFOR), and the Serbian authorities; (3) urge the authorities of Yugoslavia and Serbia to work with the Government of the Former Yugoslav Republic of Macedonia to find agreement on a demarcation of the border between Serbia and Macedonia; (4) support efforts of Yugoslavia, Serbia, and Macedonia to maintain security along the agreed upon border; and (5) oppose any modification of the political status of the Province of Kosovo unless and until all ethnically motivated violence by Kosovo Albanians against Serbian residents of Kosovo has subsided, and all assistance by Kosovo residents to parties using violent means to further separatist aims in southern Serbia or Macedonia has ceased.Prohibits the expenditure of certain economic support fund assistance (not including international narcotics control and law enforcement funds) for Kosovo after June 30, 2001, unless the President certifies to Congress that all concerned parties are taking steps to end the ethnically-motivated violence in southern Serbia, Kosovo, and Macedonia. Authorizes the President to waive the requirements of this Act if it is in the national interests of the United States. | {"src": "billsum_train", "title": "To prohibit assistance for Kosovo unless the President determines and certifies to Congress that residents or citizens of Kosovo are not providing assistance to organizations engaging in or otherwise supporting ethnically-motivated violence in southern Serbia or in Macedonia, and for other purposes."} | 1,294 | 366 | 0.651118 | 2.055225 | 0.765922 | 5.788079 | 3.834437 | 0.960265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Transportation Flexibility
Act''.
SEC. 2. DIRECT FEDERAL-AID HIGHWAY PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Direct Federal-aid highway program
``(a) Election by State Not To Participate.--Notwithstanding any
other provision of law and in accordance with this section, a State may
elect not to participate in any Federal program relating to highways,
including a Federal highway program under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1144), the Moving Ahead for Progress in
the 21st Century Act (Public Law 112-141; 126 Stat. 405), the Fixing
America's Surface Transportation Act (Public Law 114-94; 129 Stat.
1312), this title, or title 49.
``(b) Direct Federal-Aid Highway Program.--
``(1) In general.--The Secretary shall carry out a direct
Federal-aid highway program (referred to in this section as the
`program') in accordance with the requirements of this section
under which the legislature of a State may elect, not fewer
than 90 days before the beginning of a fiscal year--
``(A) to waive the right of the State to receive
amounts apportioned or allocated to the State under
this chapter for the fiscal year to which the election
relates; and
``(B) to receive an amount for that fiscal year
that is determined in accordance with subsection (e)
for that fiscal year.
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to
each program that is the subject of the election; and
``(B) shall fulfill those obligations using the
amounts transferred to the State under subsection (e).
``(3) Eligible years.--A State may make an election with
respect to fiscal year 2019 and any fiscal year thereafter.
``(c) State Responsibility.--
``(1) In general.--The Governor of a State making an
election under subsection (b) shall--
``(A) agree to maintain the Interstate System in
accordance with the current Interstate System program;
``(B) submit a plan to the Secretary describing--
``(i) the purposes, projects, and uses to
which amounts received under the program will
be put; and
``(ii) which programmatic requirements of
this title the State elects to continue;
``(C) agree to obligate or expend amounts received
under the program exclusively for projects that would
be eligible for funding under section 133(b) if the
State was not participating in the program; and
``(D) agree--
``(i) to report annually to the Secretary
on the use of amounts received under the
program; and
``(ii) to make the report available to the
public in an easily accessible format.
``(2) No federal limitation on use of funds.--Except as
provided in paragraph (1), the expenditure or obligation of
funds received by a State under the program shall not be
subject to any Federal requirement under this title (except for
this section), title 49, or any other Federal law (including
regulations).
``(3) Election irrevocable.--An election under subsection
(b) shall be irrevocable during the applicable fiscal year.
``(d) Effect on Preexisting Commitments.--An election under
subsection (b) shall not affect any responsibility or commitment of the
State under this title for any fiscal year with respect to--
``(1) a project or program funded under this title (other
than under this section); or
``(2) any project or program funded under this title in any
fiscal year for which an election under subsection (b) is not
in effect.
``(e) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the program for a fiscal year shall be the portion of the
taxes appropriated to the Highway Trust Fund (other than for
the Mass Transit Account) for that fiscal year that is
attributable to highway users in that State during that fiscal
year, reduced by a pro rata share withheld by the Secretary to
fund contract authority for programs of the National Highway
Traffic Safety Administration and the Federal Motor Carrier
Safety Administration.
``(2) Transfers under program.--
``(A) In general.--Transfers under the program--
``(i) shall be made at the same time as
deposits to the Highway Trust Fund are made by
the Secretary of the Treasury; and
``(ii) shall--
``(I) be made on the basis of
estimates by the Secretary, in
consultation with the Secretary of the
Treasury, based on the most recent data
available; and
``(II) include proper adjustments
in amounts subsequently transferred to
the extent prior estimates were in
excess of, or less than, the amounts
required to be transferred.
``(B) Limitation.--
``(i) In general.--An adjustment under
subparagraph (A)(ii)(II) to any transfer may
not exceed 5 percent of the transferred amount
to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--
If the adjustment required under subparagraph
(A)(ii)(II) exceeds the percentage described in
clause (i), the excess shall be taken into
account in making subsequent adjustments under
subparagraph (A)(ii)(II).
``(f) Application With Other Authority.--Any contract authority
under this chapter (and any obligation limitation) authorized for a
State for a fiscal year for which an election by that State is in
effect under subsection (b)--
``(1) shall be rescinded or canceled; and
``(2) shall not be reallocated or distributed to any other
State under this chapter.
``(g) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which an amount is distributed to a State or State agency under
the program, the Governor of the State shall certify to the
Secretary that the State will maintain the effort of the State
with regard to State funding for the types of projects that are
funded by the amounts distributed.
``(2) Amounts.--As part of the certification under
paragraph (1), the Governor shall submit to the Secretary a
statement that identifies the amount of funds the State plans
to expend from State sources during the covered period for the
types of projects that are funded by the amounts.
``(h) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Highway Trust Fund shall
be transferred to a State under the program in the manner described in
subsection (e)(1).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 170 the following:
``171. Direct Federal-aid highway program.''.
SEC. 3. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Alternative funding of public transportation programs
``(a) Definitions.--In this section--
``(1) the term `alternative funding program' means the
program established under subsection (c);
``(2) the term `covered program' means a Federal public
transportation program that is funded using amounts made
available from the Mass Transit Account of the Highway Trust
Fund; and
``(3) the term `Federal public transportation program'
means a Federal program that provides funding for public
transportation, including under--
``(A) the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public
Law 109-59; 119 Stat. 1144);
``(B) the Moving Ahead for Progress in the 21st
Century Act (Public Law 112-141; 126 Stat. 405);
``(C) the Fixing America's Surface Transportation
Act (Public Law 114-94; 129 Stat. 1312);
``(D) title 23; or
``(E) this chapter.
``(b) Election by State Not To Participate.--Notwithstanding any
other provision of law and in accordance with this section, a State may
elect not to participate in any covered program.
``(c) Direct Public Transportation Funding Program.--
``(1) In general.--The Secretary shall carry out a direct
public transportation funding program in accordance with the
requirements of this section under which the legislature of a
State may elect, not fewer than 90 days before the beginning of
a fiscal year--
``(A) to waive the right of the State to receive
amounts apportioned or allocated to the State under the
covered programs for the fiscal year to which the
election relates; and
``(B) to receive an amount for that fiscal year
that is determined in accordance with subsection (f).
``(2) Effect.--On making an election under paragraph (1), a
State--
``(A) assumes all Federal obligations relating to
each program that is the subject of the election; and
``(B) shall fulfill those obligations using the
amounts transferred to the State under subsection (f).
``(3) Eligible years.--A State may make an election with
respect to fiscal year 2019 and any fiscal year thereafter.
``(d) State Responsibility.--
``(1) In general.--The Governor of a State that
participates in the alternative funding program shall--
``(A) submit a plan to the Secretary that
describes--
``(i) the purposes, projects, and uses to
which amounts received under the alternative
funding program will be put; and
``(ii) which programmatic requirements of
the covered programs the State elects to
continue;
``(B) agree to obligate or expend amounts received
under the alternative funding program exclusively for
projects that would be eligible for funding under the
covered programs if the State was not participating in
the alternative funding program;
``(C) submit to the Secretary an annual report on
the use of amounts received under the alternative
funding program; and
``(D) make the annual report available to the
public in an easily accessible format.
``(2) No federal limitation on use of funds.--Except as
provided in paragraph (1), the expenditure or obligation of
funds received by a State under the alternative funding program
shall not be subject to the requirements of--
``(A) this chapter (except for this section);
``(B) any covered program not under this chapter;
``(C) title 23; or
``(D) any other Federal law (including
regulations).
``(3) Election irrevocable.--An election under subsection
(c) shall be irrevocable during the applicable fiscal year.
``(e) Effect on Preexisting Commitments.--An election by a State
under subsection (c) shall not affect any responsibility or commitment
of the State with respect to a project or program funded under a
covered program in a fiscal year for which an election under subsection
(c) is not in effect.
``(f) Transfers.--
``(1) In general.--The amount to be transferred to a State
under the alternative funding program for a fiscal year shall
be the portion of the taxes transferred to the Mass Transit
Account of the Highway Trust Fund under section 9503(e) of the
Internal Revenue Code of 1986 for that fiscal year that is
attributable to highway users in that State during that fiscal
year.
``(2) Transfers under program.--
``(A) In general.--Transfers under the alternative
funding program--
``(i) shall be made at the same time as
transfers to the Mass Transit Account of the
Highway Trust Fund are made by the Secretary of
the Treasury; and
``(ii) shall--
``(I) be made on the basis of
estimates by the Secretary, in
consultation with the Secretary of the
Treasury, based on the most recent data
available; and
``(II) include proper adjustments
in amounts subsequently transferred
under the alternative funding program,
to the extent prior estimates were in
excess of, or less than, the amounts
required to be transferred under the
alternative funding program.
``(B) Limitation.--
``(i) In general.--An adjustment under
subparagraph (A)(ii)(II) to any transfer may
not exceed 5 percent of the transferred amount
to which the adjustment relates.
``(ii) Adjustment greater than 5 percent.--
If the adjustment required under subparagraph
(A)(ii)(II) exceeds the percentage described in
clause (i) of this subparagraph, the excess
shall be taken into account in making
subsequent adjustments under subparagraph
(A)(ii)(II).
``(g) Application With Other Authority.--Any contract authority
under a covered program (and any obligation limitation) authorized for
a State for a fiscal year for which the State elects to participate in
the alternative funding program shall be rescinded or canceled.
``(h) Maintenance of Effort.--
``(1) In general.--Not later than 30 days after the date on
which amounts are distributed to a State or State agency under
the alternative funding program, the Governor of the State
shall certify to the Secretary that the State will maintain the
effort of the State with regard to State funding for the types
of projects that are funded by the amounts distributed.
``(2) Amounts.--As part of the certification under
paragraph (1), the Governor shall submit to the Secretary a
statement that identifies the amount of funds the State plans
to expend from State sources for projects funded under the
alternative funding program during the fiscal year for which
the State elects to participate in the alternative funding
program.
``(i) Treatment of General Revenues.--For purposes of this section,
any general revenue funds appropriated to the Mass Transit Account of
the Highway Trust Fund shall be transferred to a State under the
alternative funding program in the manner described in subsection
(f)(1).''.
(b) Conforming Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5340 the following:
``5341. Alternative funding of public transportation programs.''. | State Transportation Flexibility Act This bill allows a state to elect not to participate in the federal-aid highway program, including any federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, the Moving Ahead for Progress in the 21st Century Act, or the Fixing America's Surface Transportation (FAST) Act. The Department of Transportation (DOT) shall carry out a direct federal-aid highway program to permit a state legislature, at least 90 days before the beginning of a fiscal year, to elect to: waive the state's right to receive apportioned or allocated funds under the federal-aid highway program, and receive a prorated amount of taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) which are attributable to highway users in the state. The state making an election shall: agree to maintain the Interstate System in accordance with the current Interstate System program; submit a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; agree to obligate or expend program amounts exclusively for projects that would be eligible for surface transportation program funding; and. agree to report annually to DOT on the use of amounts received under the program and to make the report publicly available. DOT shall carry out a similar alternative funding program for public transportation programs. | {"src": "billsum_train", "title": "State Transportation Flexibility Act"} | 3,255 | 306 | 0.679316 | 1.979061 | 0.800464 | 4.362007 | 10.956989 | 0.921147 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Federal Emergency
Procurement Flexibility Act of 2002''.
(b) Definitions.--In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(2) Fiscal year 2002 or 2003 procurement.--The term
``fiscal year 2002 or 2003 procurement'' means a procurement
for which funds are obligated during fiscal year 2002 or 2003.
TITLE I--FISCAL YEAR 2002 AND 2003 EMERGENCY PROCUREMENTS
SEC. 101. PROCUREMENTS FOR DEFENSE AGAINST, OR RECOVERY FROM, TERRORISM
OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
(a) Applicability.--The authorities provided in this title apply to
any fiscal year 2002 or 2003 procurement of property or services by or
for an executive agency that, as determined by the head of the
executive agency, are to be used to facilitate the defense against, or
recovery from, terrorism or nuclear, biological, chemical, or
radiological attack.
(b) Requirement for Advance Approval.--The authorities under
sections 102 through 104 of this title may only be exercised, except in
cases of unusual and compelling urgency, with the advance approval of
the head of the applicable executive agency or his designee.
SEC. 102. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR PROCUREMENTS
IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR
CONTINGENCY OPERATIONS.
(a) Fiscal Year 2002 and 2003 Threshold Amounts.--For a procurement
referred to in section 101 that is carried out in support of a
humanitarian or peacekeeping operation or a contingency operation, the
simplified acquisition threshold definitions shall be applied as if the
amount determined under the exception provided for such an operation in
those definitions were--
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $250,000; or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $500,000.
(b) Simplified Acquisition Threshold Definitions.--In this section,
the term ``simplified acquisition threshold definitions'' means the
following:
(1) Section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
SEC. 103. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.
(a) In General.--(1) The head of each agency may designate certain
employees of the agency to make procurements described in section 101
for which in the administration of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) the amount specified in
subsections (c), (d), and (f) of such section 32 shall be deemed to be
$15,000.
(2) The number of employees designated under paragraph (1) shall
be--
(A) fewer than the number of employees of the agency who
are authorized to make purchases without obtaining competitive
quotations, pursuant to section 32(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428(c)), unless otherwise
authorized by the Director of the Office of Management and
Budget;
(B) sufficient to ensure the geographic dispersal of the
availability of the use of the procurement authority under such
paragraph at locations reasonably considered to be potential
terrorist targets; and
(C) sufficiently limited to allow for the careful
monitoring of employees designated under such paragraph.
(b) Conforming Amendment.--Section 836 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C.
2302 note) is repealed.
SEC. 104. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO
CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) to a procurement
referred to in section 101 without regard to whether the
property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 427, 430), except
that no provision in such section 34 or regulation
issued to implement such section shall be construed as
exempting contracts awarded under the authority of this
section from the provisions in section 2306a of title
10, United States Code, or section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b), relating to truth
in negotiations, or section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422), relating to cost accounting standards).
(B) Section 2304(g) of title 10, United States
Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified Acquisition
Procedures.--The $5,000,000 limitation provided in section 31(a)(2) of
the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)),
section 2304(g)(1)(B) of title 10, United States Code, and section
303(g)(1)(B) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(g)(1)(B)) shall be deemed to be $10,000,000 for
purposes of property or services to which any of the provisions of law
referred to in subsection (a) are applied under the authority of this
section.
(c) Continuation of Authority for Simplified Purchase Procedures.--
Authority under a provision of law referred to in subsection (a)(2)
that expires under section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall,
notwithstanding such section, continue to apply for a fiscal year 2002
or 2003 procurement as provided in subsections (a) and (b).
SEC. 105. USE OF STREAMLINED PROCEDURES.
(a) In General.--The head of an executive agency shall, when
appropriate, use streamlined acquisition authorities and procedures
authorized by law for a procurement referred to in section 101,
including authorities and procedures that are provided under the
following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and Administrative
Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 303 (41 U.S.C. 253), relating to use of
procedures other than competitive procedures under
certain circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating to
orders under task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 2304, relating to use of procedures
other than competitive procedures under certain
circumstances (subject to subsection (e) of such
section).
(B) Section 2304c, relating to orders under task
and delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to
inapplicability of a requirement for procurement notice.
(b) Non-Discrimination Against Small-Business Concerns.--Subsection
(a) shall be applied in a manner that does not discriminate against
small-business concerns (within the meaning of such term as used in the
Small Business Act (15 U.S.C. 632 et seq.)) or any type of small-
business concern.
SEC. 106. OFFICE OF MANAGEMENT AND BUDGET GUIDANCE.
(a) In General.--The Director of the Office of Management and
Budget shall issue guidance and procedures regarding--
(1) the types of procurements that qualify under section
101 as facilitating the defense against, or recovery from,
terrorism or nuclear, biological, chemical, or radiological
attack;
(2) the implementation of section 103, including the
appropriate number of employees that should be designated under
section 103; and
(3) the use of simplified acquisition procedures for a
purchase of property or services under the authority of section
104.
(b) Number of Designated Employees.--The guidance under subsection
(a)(1) shall include provisions that provide the following:
(1) Procurements made under the authority of section 103
should be subject to review by a designated supervisor on not
less than a monthly basis.
(2) The supervisor responsible for the review described in
paragraph (1) shall be responsible for no more than 7 employees
making procurements under section 103.
SEC. 107. REVIEW AND REPORT BY COMPTROLLER GENERAL.
Not later than 180 days after the end of fiscal year 2003, the
Comptroller General shall submit to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives a report on the use of the authorities
provided in this title. The report shall contain the following:
(1) An assessment of the extent to which property and
services acquired using authorities provided under this title
contributed to the capacity of the Federal workforce to
facilitate the defense against, or recovery from, terrorism or
nuclear, biological, chemical, or radiological attack.
(2) An assessment of the extent to which prices for
property and services acquired using authorities provided under
this title reflected the best value.
(3) The number of employees designated by each executive
agency under section 103.
(4) An assessment of the extent to which the number of
employees designated under section 103 by each executive agency
is reasonable and necessary to achieve the purpose of
facilitating the defense against, or recovery from, terrorism
or nuclear, biological, chemical, or radiological attack.
(5) An assessment of the extent to which executive agencies
have monitored the use of procurement authority by employees
designated under section 103 to prevent fraud and abuse.
(6) Any recommendations of the Comptroller General for
improving the effectiveness of the implementation of the
provisions of this Act, taking into account the assessment
performed under paragraphs (1), (4), and (5).
TITLE II--GOVERNMENTWIDE TRANSACTION AND PROJECT AUTHORITY
SEC. 201. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-RELATED
TRANSACTIONS.
(a) Authority.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended
by adding at the end the following new section:
``SEC. 317. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR DEFENSE
AGAINST, OR RECOVERY FROM, TERRORISM OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency who
engages in basic research, applied research, advanced research,
and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research
and development, and
``(B) have the potential to facilitate defense
against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack,
may exercise the same authority (subject to the same
restrictions and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under section
2371 of title 10, United States Code, except for subsections
(b), (f), and (g) of such section.
``(2) Applicability to selected executive agencies.--The
head of an executive agency may exercise authority under this
subsection only if authorized by the Director of the Office of
Management and Budget to do so.
``(b) Annual Report.--The annual report of the head of an executive
agency that is required under subsection (h) of section 2371 of title
10, United States Code, as applied to the head of an executive agency
by subsection (a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(c) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections in section 1(b) of
such Act is amended by inserting after the item relating to section 316
the following new item:
``Sec. 317. Authority to enter into certain transactions for
defense against, or recovery from,
terrorism or nuclear, biological, chemical,
or radiological attack.''.
SEC. 202. TEMPORARY AUTHORITY FOR CARRYING OUT CERTAIN PROTOTYPE
PROJECTS.
(a) In General.--The head of an executive agency designated by the
Director of the Office of Management and Budget to do so may, under the
authority of section 317 of the Federal Property and Administrative
Services Act of 1949 (as added by subsection (a)), carry out prototype
projects that meet the requirements of subparagraphs (A) and (B) of
subsection (a)(1) of such section in accordance with the same
requirements and conditions as are provided for carrying out prototype
projects under section 845 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
(b) Conforming Authority.--In the application of the requirements
and conditions of section 845 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) to the
administration of authority under subsection (a)--
(1) subsection (c) of such section shall apply with respect
to prototype projects carried out under this subsection; and
(2) the Director of the Office of Management and Budget
shall perform the function of the Secretary of Defense under
subsection (d) of such section.
TITLE III--OTHER MATTERS
SEC. 301. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE.
The head of each executive agency shall conduct market research on
an ongoing basis to identify effectively the capabilities, including
the capabilities of small businesses and new entrants into Federal
contracting, that are available in the marketplace for meeting the
requirements of the executive agency in furtherance of defense against,
or recovery from, terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall, to the
maximum extent practicable, take advantage of commercially available
market research methods, including use of commercial databases, to
carry out the research. | Federal Emergency Procurement Flexibility Act of 2002 - Provides that the simplified acquisition threshold to be applied for any FY 2002 or 2003 executive agency procurement of property or services that is to be used to facilitate the defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack and that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation shall be: (1) $250,000 for a contract to be awarded and performed, or a purchase to be made, inside the United States; or (2) $500,000 for a contract to be awarded and performed, or a purchase to be made, outside of the United States.Authorizes the head of each agency to designate certain employees to make such procurements below a micro-purchase threshold of $15,000 (currently, $2,500) under the Office of Federal Procurement Policy Act.Permits executive agencies to apply to any such procurement specified provisions of law relating to the procurement of commercial items, without regard to whether the property and services are commercial items. Deems the $5 million limitation on the use of special simplified acquisition procedures to be $10 million.Requires executive agencies to use specified streamlined acquisition authorities and procedures for such procurements.Allows executive agencies who engage in necessary basic, applied, and advanced research and development projects that have the potential to facilitate defense against or recovery from terrorism or a terrorist attack to exercise specified authority accorded the Secretary of Defense for research project transactions other than contracts and grants and to carry out prototype projects.Directs executive agencies to conduct market research to identify the capabilities available in the marketplace in furtherance of defense against or recovery from terrorism or a terrorist attack. | {"src": "billsum_train", "title": "To provide for flexibility in making emergency Federal procurements, and for other purposes."} | 3,503 | 362 | 0.713913 | 2.390795 | 0.823318 | 3.576324 | 9.417445 | 0.94704 |
.
``(a) Additional Restrictions on Marketing, Advertising, and
Access.--Not later than 18 months after the date of the enactment of
this subchapter, the Secretary shall revise the regulations related to
tobacco products promulgated by the Secretary on August 28, 1996 (61
Fed. Reg. 44396) to include the additional restrictions on marketing,
advertising, and access described in Title IA and Title IC of the
Proposed Resolution entered into by the tobacco manufacturers and the
State attorneys general on June 20, 1997, except that the Secretary
shall not include an additional restriction on marketing or advertising
in such regulations if its inclusion would violate the First Amendment
to the Constitution.
``(b) Warnings.--
``(1) Cigarettes and smokeless tobacco.--Not later than 18
months after the date of the enactment of this subchapter, the
Secretary shall promulgate regulations to require warnings on
cigarette and smokeless tobacco labeling and advertisements.
The content, format, and rotation of warnings shall conform to
the specifications described in Title IB of the Proposed
Resolution entered into by the tobacco manufacturers and the
State attorneys general on June 20, 1997.
``(2) Prohibition.--It shall be unlawful to advertise
tobacco products on any medium of electronic communication
subject to the jurisdiction of the Federal Communications
Commission.
``(c) Ingredients.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subchapter, the Secretary shall promulgate
regulations relating to ingredients in tobacco products. Except
as provided in paragraph (2), such regulations shall conform to the
specifications described in Title IF of the Proposed Resolution entered
into by the tobacco manufacturers and the State attorneys general on
June 20, 1997.
``(2) Failure to act.--If the Secretary fails to approve or
disapprove an ingredient's safety within the review period
prescribed under the regulations under paragraph (1), such
failure shall not be considered an approval of such ingredient.
``(d) Reduced-Risk Products.--No manufacturer of a tobacco product
may state or imply in the labeling or advertisements of the tobacco
product that the tobacco product presents a reduced risk to health
unless the Secretary has determined that the tobacco product does
present a significantly reduced risk to health.
``(e) Other Authority.--This section does not limit the authority
the Secretary has under other provisions of this Act with respect to
tobacco products.
``SEC. 567. STATE TOBACCO CONTROL PROGRAMS.
``(a) In General.--Effective 2 years after the date of the
enactment of this subchapter, a State may not receive funds under this
Act for tobacco control activities unless the State has put into law a
State tobacco control program that conforms to the model State program
established by the Secretary under subsection (b).
``(b) Model State Program.--
``(1) General rule.--Within one year of the date of the
enactment of this subchapter, the Secretary shall establish a
model State tobacco control program.
``(2) Program content.--The model State tobacco control
program established under paragraph (1) shall--
``(A) require persons who sell tobacco products to
individuals for personal consumption to obtain a
license from the State;
``(B) require licensed retailers to comply with the
requirements under this Act that are applicable to
tobacco product retailers;
``(C) prohibit any individual from purchasing
tobacco products for resale or distribution to
individuals under the age of 18;
``(D) include minimum requirements for the conduct
and frequency of compliance inspections of licensed
retailers;
``(E) include State performance objectives,
including objectives for reducing the level of
violations observed during compliance inspections;
``(F) include provisions for appropriate penalties
for violations of the program requirements, including
provisions for license suspension and revocation; and
``(G) include such other provisions as the
Secretary determines are appropriate to protect public
health.
``(c) Failure To Implement.--If a State fails to effectively
implement a State tobacco control program which conforms to the Model
State program established under subsection (b) or if a State fails to
achieve the performance objectives applicable to the State under the
Model State program, the Secretary shall withhold up to 20 percent of
the funds made available under this Act to the State for tobacco
control activities.
``(d) Federal Licensing Program.--Within one year of the date of
the enactment of this subchapter, the Secretary shall establish Federal
licensing requirements for--
``(1) tobacco product retailers operating on Federal
property;
``(2) tobacco product retailers operating in a State which
does not put into law or effectively implement a State tobacco
control program which conforms to the Model State Program; and
``(3) such other tobacco product retailers as the Secretary
may specify.
The Federal tobacco control requirements shall conform to the licensing
requirements of the Model State Program.
``(e) Federal Authority.--The Secretary may order a retailer
licensed by a State to suspend or cease selling tobacco products if the
tobacco product retailer is in violation of a requirement under this
Act related to tobacco products.
``(f) Indian Tribes.--In the case of tobacco product retailers
operating on Indian reservations, the governing Indian tribe or tribal
organization shall be treated as a State.''.
SEC. 7. GENERAL PROVISIONS.
(a) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding
at the end the following:
``(bb) The violation of any requirement under this Act relating to
tobacco products.''.
(b) Access to Information.--Section 701 (21 U.S.C 371) is amended
by adding at the end the following:
``(h) To acquire information related to tobacco products, the
Secretary may administer oaths and require the testimony of witnesses
and the production of documents and other materials. The Secretary may
disclose to the public information acquired under this subsection if
the Secretary determines that disclosure is appropriate to protect
public health.''.
SEC. 8. REPEAL.
The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331
et seq.) and the Comprehensive Smokeless Tobacco Health Education Act
of 1986 (15 U.S.C. 4401 et seq.) are repealed on the date the
regulations described in section 566(b) of the Federal Food, Drug, and
Cosmetic Act take effect. | FDA Tobacco Jurisdiction Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to give the Food and Drug Administration (FDA) jurisdiction over tobacco products as drugs or devices. Declares lawful a specified Federal regulation regarding tobacco. Deems, for tobacco, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates additional restrictions on marketing, advertising, and access. Provides for model State tobacco control programs. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration jurisdiction over tobacco."} | 1,431 | 138 | 0.491048 | 1.151638 | 0.519727 | 2.798165 | 12.036697 | 0.761468 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EEOICPA Amendment Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND
WORKER HEALTH.
(a) Advisory Board on Toxic Substances and Worker Health.--Subtitle
E of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the
following new section:
``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (in this section referred to as the `Board').
``(2) Consultation on appointments.--The President shall
make appointments to the Board in consultation with
organizations with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance
of perspectives from the scientific, medical, legal, worker,
and worker advocate communities.
``(3) Chair.--The President shall designate a Chair for the
Board from among its members.
``(b) Duties.--The Board shall--
``(1) advise the Secretary, the Secretary of Energy, and
the Secretary of Health and Human Services concerning the
review and approval of the site exposure matrix used to
determine eligibility for compensation under this subtitle for
illnesses resulting from exposure to toxic substances;
``(2) periodically review and approve guidance provided to
claims examiners on weighing medical evidence under this
subtitle;
``(3) review reports by consulting physicians to ensure
quality, objectivity, and consistency; and
``(4) coordinate exchanges of data and findings with the
Advisory Board on Radiation and Worker Health to the extent
necessary.
``(c) Staff.--
``(1) In general.--The Secretary shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The Secretary may accept
as staff of the Board personnel on detail from other Federal
agencies as necessary to enable the Board to carry out its
duties under this section. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
``(3) Contractors.--The Secretary shall employ outside
contractors and specialists selected by the Board to support
the work of the Board.
``(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, while
serving away from their homes or regular places of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(e) Security Clearances.--
``(1) Application.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate.
``(2) Determination.--The Secretary of Energy should, not
later than 180 days after receiving a completed application for
a security clearance under this subsection, make a
determination whether or not the individual concerned is
eligible for the clearance.
``(3) Report.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report specifying the number of
applications for security clearances under this subsection, the
number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
Restricted Data (as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
Act.''.
(b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s-
15) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Response to Report.--
``(1) Timing.--Not later than 90 days after the publication
of the annual report under subsection (e), the Secretary shall
submit to Congress a written response to the report.
``(2) Contents of response.--
``(A) Agreement.--If the Secretary agrees with a
finding of the Ombudsman in the report, the Secretary
shall include in the response proposed actions to
address any issues raised by the finding.
``(B) Disagreement.--If the Secretary disagrees
with a finding of the Ombudsman in the report, the
Secretary shall include in the response the reasons of
disagreement with the finding.
``(3) Publication.--The Secretary shall post the response
on the public Internet site of the Department of Labor.''. | EEOICPA Amendment Act of 2011 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances. | {"src": "billsum_train", "title": "To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act."} | 1,280 | 119 | 0.634792 | 1.651032 | 0.581402 | 4.103093 | 11.680412 | 0.907216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Tuberculosis (TB) Now Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1)(A) Tuberculosis is one of the greatest infectious
causes of death of adults worldwide, killing 2,000,000 people
per year--one person every 15 seconds.
(B) Globally, tuberculosis is the leading cause of death of
young women and the leading cause of death of people with HIV/
AIDS.
(2) An estimated 8,000,000 individuals develop active
tuberculosis each year.
(3) Tuberculosis is spreading as a result of inadequate
treatment and it is a disease that knows no national borders.
(4) With over 40 percent of tuberculosis cases in the
United States attributable to foreign-born individuals and with
the increase in international travel, commerce, and migration,
elimination of tuberculosis in the United States depends on
efforts to control the disease in developing countries.
(5) The threat that tuberculosis poses for Americans
derives from the global spread of tuberculosis and the
emergence and spread of strains of multi-drug resistant
tuberculosis (MDR-TB).
(6) Up to 50,000,000 individuals may be infected with
multi-drug resistant tuberculosis.
(7) In the United States, tuberculosis treatment, normally
about $2,000 per patient, skyrockets to as much as $250,000 per
patient to treat multi-drug resistant tuberculosis, and
treatment may not even be successful.
(8) Multi-drug resistant tuberculosis kills more than one-
half of those individuals infected in the United States and
other industrialized nations and without access to treatment it
is a virtual death sentence in the developing world.
(9) There is a highly effective and inexpensive treatment
for tuberculosis. Recommended by the World Health Organization
as the best curative method for tuberculosis, this strategy,
known as directly observed treatment, short course (DOTS),
includes low-cost effective diagnosis, treatment, monitoring,
and recordkeeping, as well as a reliable drug supply. A
centerpiece of DOTS is observing patients to ensure that they
take their medication and complete treatment.
SEC. 3. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL.
(a) Additional Prevention, Treatment, and Control.--Section
104(c)(7)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)(7)(A)) is amended--
(1) in clause (i), by adding at the end before the
semicolon the following: ``, by expanding the use of the
strategy known as directly observed treatment, short course
(DOTS) and strategies to address multi-drug resistant
tuberculosis (MDR-TB) where appropriate at the local level,
particularly in countries with the highest rate of
tuberculosis''; and
(2) in clause (ii)--
(A) by inserting after ``the cure of at least 95
percent of the cases detected'' the following: ``by
focusing efforts on the use of the directly observed
treatment, short course (DOTS) strategy or other
internationally accepted primary tuberculosis control
strategies''; and
(B) by striking ``and the cure'' and inserting
``the cure''.
(b) Funding Requirement.--Section 104(c)(7) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) In carrying out this paragraph, not less than 75 percent of
the amount appropriated pursuant to the authorization of appropriations
under subparagraph (D) shall be used for the diagnosis and treatment of
tuberculosis for at-risk and affected populations utilizing directly
observed treatment, short course (DOTS) strategy or other
internationally accepted primary tuberculosis control strategies
developed in consultation with the World Health Organization (WHO),
including funding for the Global Tuberculosis Drug Facility of WHO's
Stop TB Partnership.''.
(c) Annual Report.--Section 104(c)(7) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151b(c)(7)) is amended--
(1) by redesignating subparagraph (C) (as redesignated by
this Act) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
``(C) In conjunction with the transmission of the annual request
for enactment of authorizations and appropriations for foreign
assistance programs for each fiscal year, the President shall transmit
to Congress a report that contains a summary of all programs, projects,
and activities carried out under this paragraph for the preceding
fiscal year, including a description of the extent to which such
programs, projects, and activities have made progress to achieve the
goals described in subparagraph (A)(ii).''.
(d) Authorization of Appropriations.--Subparagraph (D) of section
104(c)(7) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)(7)), as redesignated by this Act, is amended by striking
``$60,000,000 for each of the fiscal years 2001 and 2002'' and
inserting ``$60,000,000 for fiscal year 2001 and $200,000,000 for
fiscal year 2002''. | Stop Tuberculosis (TB) Now Act - Amends the Foreign Assistance Act of 1961 to declare that a major objective of the U.S. foreign assistance program is to control tuberculosis (TB). States that consequently Congress expects the agency primarily responsible for the administration of TB control health programs to: (1) coordinate with the World Health Organization and other designated health organizations toward the development and implementation of a comprehensive TB control program, by expanding the use of the strategy of directly observed treatment, short course (DOTS) and strategies to address multi-drug resistant TB (MDR-TB) where appropriate at the local level, particularly in countries with the highest TB rate; and (2) set as a goal the cure of at least 95 percent of TB cases detected by focusing efforts on the use of DOTS strategy or other internationally accepted primary TB control strategies in those countries in which the agency has established development programs by December 31, 2010. | {"src": "billsum_train", "title": "A bill to amend the Foreign Assistance Act of 1961 to provide increased foreign assistance for tuberculosis prevention, treatment, and control."} | 1,275 | 207 | 0.596163 | 1.75819 | 0.722483 | 3.827778 | 5.838889 | 0.838889 |
SECTION 1. APPLICATION OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION ACTIVITIES TO CERTAIN CONTRACT MANUFACTURING
OR PRODUCTION ARRANGEMENTS.
(a) In General.--Section 199(d) of the Internal Revenue Code of
1986 is amended--
(1) by inserting ``the same qualified production activities
income derived from'' before ``any activity'' in paragraph
(10),
(2) by redesignating paragraph (10) (as amended by
paragraph (1)) as paragraph (11), and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) Contract manufacturing or production arrangements.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a contract
manufacturing or production arrangement under which any
person makes a substantial contribution through the
activities of its employees within the United States to
the manufacture, production, growth, or extraction of
qualifying production property, taking into account the
factors set forth in subparagraph (D)--
``(i) such person shall be treated as
engaging in the manufacturing, production,
growth, or extraction of such qualifying
production property, and
``(ii) the domestic production gross
receipts of such person shall include the gross
receipts of such person received under such
arrangement for such activities.
``(B) Treatment of certain written agreements.--In
the case of a contract manufacturing or production
arrangement, if all parties to such arrangement agree
in writing that only one such person shall be eligible
for the deduction under this section, such person shall
be treated as performing the activities described in
subclauses (I) and (II) of subsection (c)(4)(A)(i)
under such arrangement and no other person shall be
treated for purposes of this section as performing such
activities.
``(C) Contract manufacturing or production
arrangement.--For purposes of this paragraph, the term
`contract manufacturing or production arrangement'
means any arrangement under which--
``(i) a person contracts with one or more
unrelated persons for the manufacture,
production, growth or extraction of an item of
qualifying production property or a qualified
film, and
``(ii) in the case of qualifying production
property, such item of qualifying production
property is manufactured, produced, grown or
extracted in whole or significant part within
the United States pursuant to subsection
(c)(4)(A)(i)(I).
``(D) Factors for determining substantial
contribution.--The Secretary shall prescribe
regulations setting forth activities to be taken into
account in determining whether a person makes a
substantial contribution through the activities of its
employees within the United States to the manufacture,
production, growth or extraction of qualifying
production property for purposes of subparagraph (A).
Such factors shall include--
``(i) oversight and direction of the
activities or process pursuant to which the
property is manufactured, produced, grown or
extracted;
``(ii) physical transformation of personal
property, or assembly or conversion of
component parts into qualifying production
property, that does not by itself constitute
manufacturing, production, growth or extraction
pursuant to subsection (c)(4)(A)(i)(I);
``(iii) material selection, vendor
selection, or ownership and control of the raw
materials, work-in-process or finished goods;
``(iv) management of risk of loss, cost
reduction or efficiency initiatives associated
with the manufacturing process, demand
planning, production scheduling, hedging raw
material costs and other manufacturing costs or
capacities;
``(v) control of manufacturing related
logistics;
``(vi) sample testing, establishment of
quality control standards and other quality
control activities;
``(vii) developing, or directing the use or
development of, product design and design
specifications, as well as trade secrets,
technology, and other intellectual property for
the purpose of manufacturing, producing,
growing or extracting the qualifying production
property; and
``(viii) such other activities as shall be
determined by the Secretary.
``(E) Safe harbor for determining substantial
contribution.--
``(i) In general.--A person which has
economic risk of loss with respect to greater
than 50 percent of the direct material costs
necessary to the manufacture, production,
growth, or extraction of the qualifying
production in whole or in significant part
within the United States shall be deemed for
purposes of subparagraph (A) to make a
substantial contribution through the activities
of its employees within the United States to
the manufacture, production, growth, or
extraction of such qualifying production
property.
``(ii) Economic risk of loss.--For purposes
of this subparagraph, a person has economic
risk of loss if such person bears the ultimate
economic responsibility for the direct material
cost. The following factors shall not affect
the determination of economic risk of loss:
``(I) Contractual requirements to
insure the direct materials.
``(II) Contractual liability for
breach of performance.
``(iii) Direct material cost.--For purposes
of this subparagraph, the term `direct material
cost' includes the cost of materials that
become an integral part of qualifying
production property and materials that are
consumed in the ordinary course of production
and that can be identified or associated with
particular units or groups of units of property
produced.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) Election for retroactive application.--If all of the
persons entering into a written agreement described in section
199(d)(10)(B) of the Internal Revenue Code of 1986 (as amended
by this Act) elect to have this paragraph apply to taxable
years beginning on or before the date of the enactment of this
Act and can demonstrate, by providing copies of timely filed
tax returns (including amended returns) or otherwise, that only
one person claimed the deduction under section 199 of such Code
in such taxable years with respect to the property described in
the agreement, then the amendments made by this section shall
apply to such taxable years of such persons.
(c) No Inference.--The amendments made by this section are intended
as safe harbors and shall not be construed as adversely affecting the
eligibility for a deduction under section 199 of the Internal Revenue
Code of 1986 of any person who contracts with another person to
manufacture, produce, grow or extract property described in subsection
(c)(5) or (c)(6) of such section. | This bill amends the Internal Revenue Code to specify rules for applying the deduction for income from domestic production activities to contract manufacturing or production arrangements. In a contract manufacturing or production arrangement, a person contracts with one or more unrelated persons for the manufacture, production, growth, or extraction of an item of qualifying production property (tangible personal property, computer software, and sound recordings) or film. The qualifying production property must be manufactured, produced, grown, or extracted in whole or significant part within the United States. In an arrangement in which any person makes a substantial contribution through the activities of its employees within the United States to the manufacture, production, growth, or extraction of qualifying production property: (1) the person shall be treated as engaging in the activity, and (2) the domestic production gross receipts of the person shall include the gross receipts received under the arrangement for the activities. The Internal Revenue Service must prescribe regulations that include specified factors for determining a substantial contribution. A person with an economic risk of loss of more than 50% of the direct material costs necessary to the manufacture, production, growth, or extraction of the qualifying production is deemed to make a substantial contribution. The parties to an arrangement may agree in writing to: (1) make only one person eligible for the deduction, or (2) apply the rules retroactively to tax years in which only one person claimed the deduction. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide appropriate rules for the application of the deduction for income attributable to domestic production activities with respect to certain contract manufacturing or production arrangements."} | 1,416 | 282 | 0.716705 | 2.235501 | 0.844618 | 3.584229 | 4.83871 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Foot Complication and Lower
Extremity Amputation Reduction Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is estimated that there are 17,000,000 patients with
diabetes in the United States and that diabetes costs the
United States $132,000,000,000 each year.
(2) There has been a 61 percent increase in the number of
Americans with diabetes since 1990.
(3) Fifteen percent of people with diabetes will experience
a foot ulcer, and between 14 and 24 percent of those with a
foot ulcer will require an amputation.
(4) The increased incidence of diabetes has resulted in
more lower extremity amputations. From 1980 to 1996, the number
of diabetes-related hospital discharges with lower extremity
amputations increased from 36,000 to 86,000 per year.
(5) The Medicare costs for diabetes patients with foot
ulcers is 3 times higher than for diabetes patients in general,
and inpatient care accounts for 74 percent of diabetic ulcer-
related costs. Therefore, cost effective ulcer prevention and
treatment interventions will reduce Medicare costs.
(6) Lower extremity amputations are devastating to the
patient, and with an average cost of $60,000, these procedures
are a costly burden on the health system.
(7) Research shows that a multidisciplinary approach,
including preventive strategies, patient and staff education,
and treatment of foot ulcers, has been reported to reduce
amputation rates by more than 50 percent at a fraction of the
cost.
SEC. 3. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING
DIABETIC FOOT COMPLICATIONS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 330L the following:
``SEC. 330M. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING
DIABETIC FOOT COMPLICATIONS.
``(a) Grants.--Subject to subsection (b), the Secretary shall award
grants to eligible entities for the following:
``(1) Providing a high-risk, underserved population with
screening, education, and evidence-based medical treatment
regarding diabetic foot complications that may lead to lower
extremity amputations.
``(2) Evaluating the quality, cost effectiveness, parity,
and patient satisfaction of medical interventions in the
prevention of diabetic foot complications and lower extremity
amputations.
``(b) Restriction.--A grant under this section may be used to pay
for a treatment only if the treatment is preventive in nature or is
part of comprehensive outpatient care.
``(c) Eligible Entities.--For purposes of this section, the term
`eligible entity' means a multidisciplinary health care program, which
may be university-based, that demonstrates to the Secretary's
satisfaction the following:
``(1) An ability to provide high-quality, cost-effective,
and accessible treatment to a patient population that has a
high incidence of diabetes relative to the national average and
a general inability to access diabetic foot treatment programs.
``(2) An ability to successfully educate patients and
health care providers about preventive health care measures and
treatment methods for diabetic foot complications.
``(3) An ability to analyze and compile the results of
research on diabetic foot complications and conduct additional
research on diabetic foot complications.
``(d) Criteria.--The Secretary, in consultation with appropriate
professional organizations, shall develop criteria for carrying out the
grant program under this section and for collecting data to evaluate
the effectiveness of the grant program. These criteria shall ensure the
following:
``(1) The establishment of an authoritative, collaborative,
multi-center study on the impact of comprehensive prevention
and treatment of diabetic foot complications in high-risk,
underserved populations, upon which future determinations can
be based.
``(2) The establishment, in coordination with grant
recipients, of evidence-based guidelines and standardized
measurement outcomes that may be used to evaluate the overall
results of projects under this section.
``(3) The provision to grant recipients of the necessary
resources to develop programs that effectively treat patients.
``(e) Application.--To seek a grant under this section, an eligible
entity must submit an application to the Secretary in such form, in
such manner, and containing such information as the Secretary may
require.
``(f) Evaluations.--The Secretary may not award a grant to an
eligible entity under this section unless the entity agrees to submit
to the Secretary a yearly evaluation of the entity's operations and
activities carried out under the grant.
``(g) Study; Report.--Annually, the Secretary--
``(1) shall conduct an authoritative study on the results
of grants under this section, for the purpose of better
informing future determinations regarding education, screening,
and treatment of diabetic foot complications; and
``(2) shall submit a report on the findings and conclusions
of the study to the Congress.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 2006 and such sums as may be necessary for each of
fiscal years 2007 through 2010.''. | Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible multidisciplinary health care programs for: (1) providing a high-risk, underserved population with screening, education, and evidence-based medical treatment regarding diabetic foot complications that may lead to lower extremity amputations; and (2) evaluating the quality, cost effectiveness, parity, and patient satisfaction of medical interventions in the prevention of diabetic foot complications and lower extremity amputations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize grants for education, screening, and treatment with the goal of preventing diabetic foot complications and lower extremity amputations, and for other purposes."} | 1,167 | 126 | 0.638033 | 1.680216 | 0.641933 | 7.048544 | 10.407767 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Generic Drug Price Fairness
Act of 2015''.
SEC. 2. APPLYING THE MEDICAID ADDITIONAL REBATE REQUIREMENT TO GENERIC
DRUGS.
(a) In General.--Section 1927(c)(3) of the Social Security Act (42
U.S.C. 1396r-8(c)(3)) is amended--
(1) in subparagraph (A), by striking ``The amount'' and
inserting ``Except as provided in subparagraph (C), the
amount''; and
(2) by adding at the end the following new subparagraph:
``(C) Additional rebate.--
``(i) In general.--The amount of the rebate
specified in this paragraph for a rebate
period, with respect to each dosage form and
strength of a covered outpatient drug other
than a single source drug or an innovator
multiple source drug, shall be increased in the
manner that the rebate for a dosage form and
strength of a single source drug or an
innovator multiple source drug is increased
under subparagraphs (A) and (D) of paragraph
(2), except as provided in clause (ii).
``(ii) Special rules for application of
provision.--In applying subparagraphs (A) and
(D) of paragraph (2) under clause (i)--
``(I) the reference in subparagraph
(A)(i) of such paragraph to `1990'
shall be deemed a reference to `2014';
``(II) subject to clause (iii), the
reference in subparagraph (A)(ii) of
such paragraph to `calendar quarter
beginning July 1, 1990' shall be deemed
a reference to the `calendar quarter in
which the average manufacturer price
for the drug is the lowest during the
12-calendar quarter period ending on
September 30, 2014';
``(III) subject to clause (iii),
the reference in subparagraph (A)(ii)
of such paragraph to `September 1990'
shall be deemed a reference to `the
last month of such calendar quarter';
``(IV) the references in
subparagraph (D) of such paragraph to
`paragraph (1)(A)(ii)', `this
paragraph', and `December 31, 2009'
shall be deemed references to
`subparagraph (A)', `this
subparagraph', and `December 31, 2014',
respectively; and
``(V) any reference in such
paragraph to a `single source drug or
an innovator multiple source drug'
shall be deemed to be a reference to a
drug to which clause (i) applies.
``(iii) Special rule for certain
noninnovator multiple source drugs.--In
applying paragraph (2)(A)(ii)(II) under clause
(i) with respect to a covered outpatient drug
that is first sold as a drug other than a
single source drug or an innovator multiple
source drug after the date that is 3 years
before the date of the enactment of this
subparagraph, such paragraph shall be applied--
``(I) by substituting `the
applicable quarter' for `the calendar
quarter beginning July 1, 1990'; and
``(II) by substituting `the last
month in such applicable quarter' for
`September 1990'.
``(iv) Applicable quarter defined.--In this
subsection, the term `applicable quarter'
means, with respect to a drug described in
clause (iii), the fifth full calendar quarter
in which the drug is sold as a drug other than
a single source drug or an innovator multiple
source drug.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to rebate periods beginning after December 31, 2014. | Medicaid Generic Drug Price Fairness Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to increase the amount of rebate with respect to each generic drug in the manner that the rebate for a dosage form and strength of a single source drug or an innovator multiple source drug is increased, except as provided in special application rules, including a special rule for certain noninnovator multiple source drugs. | {"src": "billsum_train", "title": "Medicaid Generic Drug Price Fairness Act of 2015"} | 878 | 92 | 0.610016 | 1.458394 | 0.953487 | 4.423077 | 9.820513 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Prison Conditions
Improvement Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Millions of incarcerated people in the world suffer
inhumane conditions in prisons and other detention facilities
that are overcrowded, unsanitary, and unsafe to the point of
endangering their lives.
(2) According to a 2009 International Centre for Prison
Studies report, there are an estimated 9,800,000 people held in
penal institutions in the world, with prison populations
increasing in 71 percent of the over 200 countries surveyed.
(3) Rates of malnutrition, disease, and death among
prisoners and other detainees far exceed those of the general
population, and medical treatment for serious illness or injury
is, in many instances, non-existent or grossly inadequate.
(4) These conditions are compounded by severe overcrowding
in prisons and other detention facilities. Excessive pre-trial
detention and dysfunctional justice systems frequently result
in prisoners and other detainees spending years in such
conditions before their cases are adjudicated. In some
countries, such facilities are filled to capacity many times
over resulting in conditions so cramped that individual
prisoners cannot move without all doing so en masse.
(5) Amnesty International's 2009 State of the World's Human
Rights Report documented widespread inhumane prison conditions,
including overcrowding, inadequate food and water, no access to
hygiene products or medical care, juveniles detained with
adults, and denial of visits from family.
(6) Some governments fail to provide even the most
rudimentary sanitation in prisons and other detention
facilities, putting prisoners and other detainees at even
greater risk of easily preventable and often life-threatening
diseases. Toilets are few or non-existent and human waste
repositories often are located among the general prison
population, forcing prisoners to eat, sleep, and live in
grossly unsanitary conditions.
(7) According to a 2009 report by the United Nations
Economic and Social Council's Commission on Crime Prevention
and Criminal Justice, former prisoners are likely to spread
diseases contracted in prison to the local population.
(8) Some governments fail to permit prisoners and other
detainees reasonable exercise of religious worship or contact
with family members or other visitors.
(9) According to the United States Commission on
International Religious Freedom's 2009 Annual Report, religious
prisoners have been confined to overcrowded cells, exposed to
extreme temperature fluctuations, denied adequate food and
medical care, and denied access to clergy and religious
literature.
(10) Inhumane conditions in prisons and other detention
facilities often exist in countries where resources for law
enforcement are limited and only a small fraction of such
resources are made available for the operation and maintenance
of prisons and other detention facilities. Inadequate,
misplaced, or lost prison records often result in prisoners and
detainees being incarcerated indefinitely because of never
being tried or otherwise adjudicated, and being held long after
their sentences have expired thereby further swelling prison
populations. Allocating the relatively modest resources
necessary to provide for the basic human needs of prisoners and
other detainees and to remediate the inhumane conditions under
which such prisoners are held is often a low priority.
(11) The United States Government currently provides
significant amounts of assistance to countries whose
governments operate prisons and other detention facilities
that, because of their inhumane conditions, seriously
jeopardize the lives of prisoners and other detainees held
under their authority.
(12) The Department of State's 2009 Country Reports on
Human Rights Practices reported prison conditions as poor,
inhumane, or life threatening in more than 100 countries, all
of which receive United States assistance.
(13) The United States Government should use its influence
and resources to help ensure that governments that receive
United States assistance do not operate prisons and other
detention facilities under inhumane conditions. The United
States Government also should assist countries that are making
significant efforts to eliminate inhumane conditions in prisons
and other detention facilities.
(14) Eliminating inhumane conditions in foreign prisons and
other detention facilities will strengthen the rule of law,
save lives, and enhance the health and well-being of vulnerable
people in poor countries, and it will advance United States
interests.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Appropriations and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Minimum standards for the elimination of inhumane
conditions in foreign prisons and other detention facilities.--
The term ``minimum standards for the elimination of inhumane
conditions in prisons and other detention facilities'' means,
with respect to the operation or maintenance of prisons and
other detention facilities in a foreign country that is a
recipient of United States assistance, the following:
(A) The number of inmates or detainees held in a
facility does not so exceed prison capacity such that
per capita floor space is insufficient to allow for
humane sleeping conditions and reasonable physical
movement.
(B) Human waste facilities are sanitary and
accessible, and human waste is disposed of regularly
and in a sanitary manner.
(C) The lighting, ventilation, temperature, and
physical construction of prisons and other detention
facilities do not seriously endanger the health and
safety of prisoners.
(D) Prisoners and other detainees have access to
adequate food and potable drinking water.
(E) Prisoners and other detainees have access to
essential and emergency medical care.
(F) To the maximum extent practicable, prisoners
and other detainees are allowed religious observance
and materials, and contact with clergy, family, and
friends, by both correspondence and personal visits.
(3) United states assistance.--The term ``United States
assistance'' means any non-humanitarian assistance furnished to
carry out the provisions of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), the Arms Export Control Act (22
U.S.C. 2751 et seq.), or the Millennium Challenge Act of 2003
(22 U.S.C. 7701 et seq.).
SEC. 4. ACTIONS TO HELP ELIMINATE INHUMANE CONDITIONS IN FOREIGN
PRISONS AND OTHER DETENTION FACILITIES.
(a) Annual Report to Congress.--
(1) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report describing the conditions in
prisons and other detention facilities in countries receiving
United States assistance. The report shall include a list of
those countries, if any, receiving United States assistance,
whose governments--
(A) do not meet minimum standards for the
elimination of inhumane conditions in prisons and other
detention facilities but are making significant efforts
to comply; and
(B) do not meet such standards and are not making
significant efforts to comply.
(2) Significant efforts.--In making determinations under
paragraph (1) as to whether the government of a country is
making significant efforts to meet minimum standards for the
elimination of inhumane conditions in prisons and other
detention facilities, the Secretary of State shall consider the
extent to which the government of the country is--
(A) regularly monitoring the conditions of prisons
and other detention facilities under its authority,
including permitting prisoners and other detainees to
submit complaints without censorship, cooperating with
international experts on eliminating and monitoring
inhumane conditions in prisons and other detention
facilities, promptly investigating credible allegations
of inhumane conditions, and making information
concerning conditions and investigations available to
the public and the Secretary of State;
(B) taking effective steps to eliminate inhumane
conditions in prisons and other detention facilities,
which may include, among other steps, appointing
ombudsmen to serve on behalf of prisoners and other
detainees, providing alternatives to incarceration for
nonviolent offenders in order to alleviate inhumane
overcrowding, addressing the status and circumstances
of confinement of juveniles, improving pretrial
detention practices, and implementing bail and
recordkeeping procedures to reduce pretrial detention
periods and to ensure that prisoners do not serve
beyond the maximum sentence for the charged offense;
and
(C) increasing the amount of government resources
to eliminate inhumane conditions in prisons and other
detention facilities.
(3) Use of country reports.--The report required under
paragraph (1) may draw from the discussion of prison conditions
contained in the Country Reports on Human Rights Practices
required under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), but
shall for each country provide a detailed and up to date report
covering, whenever possible, each of the issues set forth in
section 3(2).
(4) Publication.--The report required under paragraph (1)
shall be made available to the public, including on a publicly
available website of the Department of State.
(b) Assistance for Governments Making Significant Efforts To
Eliminate Inhumane Conditions in Prisons and Other Detention
Facilities.--
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development should furnish assistance for the purpose of
helping to eliminate inhumane conditions in prisons and other
detention facilities to countries whose governments do not meet
minimum standards for the elimination of inhumane conditions in
prisons and other detention facilities but are making
significant efforts to comply.
(2) Inapplicability of foreign assistance act
prohibition.--The prohibitions under section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) shall not be applicable
to assistance furnished to carry out the provisions of
paragraph (1).
(3) Grant funds.--Grants made under this subsection shall
be designated and used exclusively to help eliminate inhumane
conditions in the country receiving the grant, but may not
include the construction of new prisons. Funds made available
under this section shall be subject to the regular notification
procedures of the Committees on Appropriations of the Senate
and the House of Representatives.
(c) Negotiations With Governments Not Making Significant Efforts To
Eliminate Inhumane Conditions in Prisons and Other Detention
Facilities.--
(1) Negotiations.--In the case of a government receiving
United States assistance that is listed in the report submitted
under subsection (a)(1)(B) as not making significant efforts to
eliminate inhumane conditions in prisons and other detention
facilities, the Secretary of State shall, not later than 90
days after the date such report is submitted, enter into
negotiations with such government to achieve the purposes of
this Act.
(2) Actions regarding assistance and visas.--
(A) Assistance.--The Secretary of State and the
Administrator of the United States Agency for
International Development may restructure, reprogram,
or reduce United States assistance for a government
described in paragraph (1) to achieve the purposes of
this Act.
(B) Visas.--The Secretary of State may issue or
deny visas for travel to the United States by officials
of a government described in paragraph (1) to achieve
the purposes of this Act.
(3) Report.--Not later than 180 days after the beginning of
the negotiations required under paragraph (1), the Secretary
shall submit to the appropriate congressional committees a
report describing the actions taken or agreed to be taken, if
any, during such negotiations by the government of that country
that constitute significant efforts to eliminate inhumane
conditions in prisons and other detention facilities and the
actions taken, or that will be taken, by the United States
pursuant to paragraph (2) regarding assistance and visas. If
the Secretary determines that United States assistance to such
government should not be restructured, reprogrammed, or
reduced, or that visas should be issued or denied to officials
of such government, the report shall contain a detailed
explanation for that decision.
SEC. 5. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(d) The Secretary of State, with the assistance of other relevant
officials, shall establish as part of the standard training provided
for chiefs of mission, deputy chiefs of mission, and other officers of
the Service who are or will be involved in the assessment of conditions
in foreign prisons and other detention facilities or the drafting of
the annual Country Reports on Human Rights Practices, instruction on
matters related to conditions in such prisons and other detention
facilities and the substance of the Foreign Prison Conditions
Improvement Act of 2010.''.
SEC. 6. NEW POSITION TO MONITOR FOREIGN PRISON CONDITIONS.
The Secretary of State shall establish, within the Bureau of
Democracy, Human Rights, and Labor, a new full-time equivalent Deputy
Assistant Secretary level position which shall have responsibility for
advancing the purposes of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The Secretary of State may use funds available for any fiscal year
to carry out the provisions of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 22 U.S.C.
2346 et seq.) and the Support for East European Democracy (SEED) Act of
1989 (22 U.S.C. 5401 et seq.) to carry out the provisions of section
4(b) and section 6 of this Act and section 708(d) of the Foreign
Service Act of 1980, as added by section 5.
SEC. 8. RULE OF CONSTRUCTION.
For purposes of this Act--
(1) the prohibitions of section 104(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply and
shall not be construed to be altered by this Act; and
(2) the minimum standards for foreign prisons and other
detention facilities shall not be determined based on the
provision of services for which funding is prohibited by that
section. | Foreign Prison Conditions Improvement Act of 2010 - Directs the Secretary of State to annually report to Congress describing prison and detention facility conditions in countries receiving U.S. assistance, including a list of countries whose governments do not meet minimum prison and detention facility standards but are, and those who are not, making significant compliance efforts.
Urges the Secretary and the Administrator of the United States Agency for International Development (USAID) to provide assistance to countries whose governments do not meet such minimum standards but are making significant compliance efforts. Prohibits such funds from being used to construct new prisons.
Directs the Secretary to enter into negotiations to achieve the purposes of this Act with a government listed in the report as not making significant compliance efforts. Authorizes, in order to achieve such purposes: (1) the Secretary and the Administrator to restructure or reduce U.S. assistance to such government; and (2) the Secretary to issue or deny visas for U.S. travel by officials of such government.
Directs the Secretary to establish within the Bureau of Democracy, Human Rights, and Labor a full-time equivalent Deputy Assistant Secretary level position to advance the purposes of this Act. | {"src": "billsum_train", "title": "To authorize appropriations of United States assistance to help eliminate conditions in foreign prisons and other detention facilities that do not meet minimum humane standards of health, sanitation, and safety, and for other purposes."} | 3,146 | 248 | 0.433901 | 1.330171 | 0.703191 | 2.836364 | 12.85 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Obesity in Schools Act of
2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 64.5 percent (119,000,000) of
American adults and 15 percent (9,000,000) of American children
are overweight or obese.
(2) The prevalence of obesity among children aged 6 to 11
more than doubled in the past 20 years, going from 7 percent in
1980 to 18.8 percent in 2004. The rate among adolescents aged
12 to 19 more than tripled, increasing from 5 percent to 17.1
percent.
(3) An estimated 61 percent of overweight young people have
at least 1 additional risk factor for heart disease, such as
high cholesterol or high blood pressure. In addition, children
who are overweight are at greater risk for bone and joint
problems, sleep apnea, and social and psychological problems
such as stigmatization and poor self-esteem.
(4) According to the Department of Health and Human
Services, obesity-related illnesses cost this nation
approximately $117,000,000,000 per year in increased health
care costs. This includes $61,000,000,000 in direct medical
costs for treatment of related diseases and $56,000,000,000 in
indirect costs such as lost productivity.
(5) A report released by Trust for America's Health,
entitled ``F as in Fat: How Obesity Policies are Failing in
America'', found that the United States does not have an
aggressive, coordinated national strategy needed to address
this crisis.
SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY.
The Secretary of Health and Human Services, in cooperation with
State and local governments, Federal agencies, local educational
agencies, health care providers, the research community, and the
private sector, shall develop a national strategy to reduce childhood
obesity in the United States. Such strategy shall--
(1) provide for the reduction of childhood obesity rates by
10 percent by the year 2010;
(2) address both short- and long-term solutions to reducing
the rates of childhood obesity in the United States;
(3) identify how the Federal Government can work
effectively with State and local governments, local educational
agencies, health care providers, the research community, the
private sector, and other entities as necessary to implement
the strategy; and
(4) include measures to identify and overcome all obstacles
to achieving the goal of reducing childhood obesity in the
United States.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES
AND ANTI-OBESITY INITIATIVES.
(a) Grants.--The Director of the Centers for Disease Control and
Prevention shall make grants to local educational agencies to reduce
childhood obesity by adopting wellness policies and anti-obesity
initiatives.
(b) Use of Funds.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to use the grant
to reduce childhood obesity by adopting wellness policies and anti-
obesity initiatives, which may include one or more of the following:
(1) Strategies to improve the nutritional value of food
served on school campuses.
(2) Innovative ways to incorporate nutrition education into
the curriculum from prekindergarten through grade 12.
(3) Increased physical activity in during-and-after-school
activities.
(4) Any other measure that, in the determination of the
Director, may provide a significant improvement in the health
and wellness of children.
(c) Cost Sharing.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to pay, from funds
derived from non-Federal sources, not less than 25 percent of the costs
of the activities carried out with the grant.
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, a local educational agency shall agree to
submit an annual accountability report to the Director. Each such
report shall include a description of the degree to which the agency,
in using grant funds, has made progress in reducing childhood obesity.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2007 through 2010.
SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN
CHILDREN AND ADOLESCENTS.
(a) In General.--For the purpose described in subsection (b), the
Director shall (directly or through grants or contracts awarded to
public or nonprofit private entities) arrange for the evaluation of a
wide variety of existing programs designed in whole or in part to
prevent obesity in children and adolescents, including programs that do
not receive grants from the Federal Government for operation.
(b) Purpose.--The purpose of the evaluation under this section
shall be to determine the following:
(1) The effectiveness of programs in reducing obesity in
children and adolescents.
(2) The factors contributing to the effectiveness of the
programs.
(3) The feasibility of replicating the programs in other
locations.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director shall submit a report to the
Congress on the results of the evaluation under this section.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2007 through 2010.
SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS.
(a) Grants.--The Director shall make grants on a competitive basis
to State governments, local governments, and consortia of local
governments to reduce childhood obesity through--
(1) establishing or expanding healthy living and wellness
coordinating councils; and
(2) supporting regional workshops.
(b) Uses of Funds.--As a condition on the receipt of a grant under
this section, an entity shall agree to use the grant to carry out one
or more of the following:
(1) Establishing a healthy living and wellness coordinating
council.
(2) Expanding the activities of a healthy living and
wellness coordinating council, including by implementing State-
based or region-wide activities that will reduce the rates of
childhood obesity.
(3) Supporting regional workshops designed to permit
educators, administrators, health care providers, and other
relevant parties to share successful research-based strategies
for increasing healthy living and reducing obesity in
elementary and secondary schools.
(c) Council Requirements.--In this section, the term ``healthy
living and wellness coordinating council'' means an organization that--
(1) is charged by a State government, a local government,
or a consortium of local governments, as applicable, to
increase healthy living and reduce obesity in elementary and
secondary schools; and
(2) is composed of educators, administrators, health care
providers, and other relevant parties.
(d) Cost Sharing.--As a condition on the receipt of a grant under
this section, an entity shall agree to pay, from funds derived from
non-Federal sources, not less than 25 percent of the costs of the
activities carried out with the grant.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, an entity shall agree to submit an annual
accountability report to the Director. Each such report shall include a
description of the degree to which the entity, in using grant funds,
has made progress in increasing healthy living and reducing obesity in
elementary and secondary schools.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2007 through 2010.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Centers
for Disease Control and Prevention.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801). | Stop Obesity in Schools Act of 2006 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2010; (2) addresses solutions to reducing the rates of childhood obesity; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome all obstacles to achieving the goal of reducing childhood obesity.
Requires the Director of the Centers for Disease Control and Prevention to: (1) make grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents in order to identify factors contributing to program effectiveness; and (3) make grants on a competitive basis to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils and supporting regional workshops. | {"src": "billsum_train", "title": "To reduce childhood obesity, and for other purposes."} | 1,769 | 223 | 0.555681 | 1.591457 | 0.948626 | 5.317308 | 8.024038 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom for Workers to Seek
Opportunity Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commerce.--The term ``commerce'' has the meaning given
such term in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(2) Covenant not to compete.--The term ``covenant not to
compete'' means an agreement--
(A) between an employee and employer that restricts
such employee from performing--
(i) any work for another employer for a
specified period of time;
(ii) any work in a specified geographical
area; or
(iii) work for another employer that is
similar to such employee's work for the
employer included as a party to the agreement;
and
(B) that is entered into after the date of
enactment of this Act.
(3) Employee; employer; enterprise; enterprise engaged in
commerce or in the production of goods for commerce; goods.--
The terms ``employee'', ``employer'', ``enterprise'',
``enterprise engaged in commerce or in the production of goods
for commerce'', and ``goods'' have the meanings given such
terms in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(4) Grocery store.--The term ``grocery store'' means an
establishment that sells food for home preparation and
consumption and offers for sale, on a continuous basis, a
variety of foods in each of the following categories of staple
foods, including perishable foods in at least two of the
categories:
(A) Meat, poultry, or fish.
(B) Breads and cereals.
(C) Vegetables and fruits.
(D) Dairy products.
(5) Grocery store employee.--The term ``grocery store
employee'' means an employee who is employed by a grocery
store.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) State.--The term ``State'' has the meaning given such
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
SEC. 3. PROHIBITION ON COVENANTS NOT TO COMPETE AND OTHER AGREEMENTS
RESTRICTING THE MOBILITY OF GROCERY STORE EMPLOYEES.
(a) Covenant Not To Compete.--
(1) In general.--No employer shall enter into a covenant
not to compete with any grocery store employee of such
employer, who in any workweek is engaged in commerce or in the
production of goods for commerce (or is employed in an
enterprise engaged in commerce or in the production of goods
for commerce).
(2) Notice.--An employer subject to subsection (a) shall
post, in a conspicuous place on the premises of such employer,
a notice of the prohibition set forth in such subsection.
(b) Purchase Agreements.--No employer who owns or operates at least
one grocery store may, in conjunction with the purchase of one or more
grocery stores owned or operated by another employer, include in any
agreement between such employers any provision that restricts either
employer from hiring a grocery store employee of the other employer.
SEC. 4. GROCERY STORE EMPLOYEE RETENTION OF SENIORITY AND BENEFITS
AFTER ACQUISITION OR MERGER.
An employer who acquires the operations of another employer
(hereafter referred to as the former employer) and retains in
employment a grocery store employee of the former employer at the same
grocery store of the former employer shall continue to recognize, for
all employment purposes, the seniority of such grocery store employee,
and, to the extent practicable, make available to such employees any
benefits made available by the former employer.
SEC. 5. ENFORCEMENT.
(a) In General.--The Secretary shall receive, investigate, attempt
to resolve, and enforce a complaint of a violation of section 3 or 4 in
the same manner that the Secretary receives, investigates, and attempts
to resolve a complaint of a violation of section 6 or 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to
subsection (b).
(b) Civil Fine.--
(1) Maximum fine.--The Secretary shall impose a civil
fine--
(A) with respect to any employer who violates
section 3(a) or 4, an amount not to exceed $5,000 for
each employee who was the subject of such violation;
and
(B) with respect to any employer who violates
section 3(b), an amount not to exceed $5,000.
(2) Consideration.--In determining the amount of any civil
fine under this subsection, the Secretary shall consider the
appropriateness of the fine to the size of the employer subject
to such fine and the gravity of the applicable violation. | Freedom for Workers to Seek Opportunity Act This bill: (1) prohibits employers from entering into not-to-compete covenants with any grocery store employees engaged in commerce or in the production of goods for commerce, and (2) requires an employer of such employees to post a notice of this prohibition in a conspicuous place on the employer's premises. No employers who own or operate at least one grocery store may, in conjunction with the purchase of one or more grocery stores owned or operated by another employer, include in any agreement between such employers any provision that restricts either employer from hiring a grocery store employee of the other employer. An employer who acquires the operation of another employer and retains in employment a grocery store employee of the former employee at the same grocery store of the former employer shall continue to recognize, for all employment purposes, the seniority of that grocery store employee, and, to the extent practicable, make available to such employees any benefits made available by the former employer. The Secretary of Labor shall: (1) enforce a complaint of a violation of this Act in the same manner as a complaint of a violation of the Fair Labor Standards Act of 1938, and (2) impose a specified civil fine on any employer who violates this Act. | {"src": "billsum_train", "title": "Freedom for Workers to Seek Opportunity Act"} | 1,114 | 261 | 0.639396 | 1.823348 | 0.736708 | 6.341463 | 3.963415 | 0.95935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``12 Carrier Act''.
SEC. 2. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The aircraft carrier can fulfill the Navy's core
missions of forward presence, sea control, ensuring safe sea
lanes, and power projection as well as providing flexibility
and versatility to execute a wide range of additional missions.
(2) Forward airpower is integral to the security and joint
forces operations of the United States. Carriers play a central
role in delivering forward airpower from sovereign territory of
the United States in both permissive and nonpermissive
environments.
(3) Aircraft carriers provide our Nation the ability to
rapidly and decisively respond to national threats, as well as
conducting worldwide, on-station diplomacy and providing
deterrence against threats to the United States allies,
partners, and friends.
(4) Since the end of the cold war, aircraft carrier
deployments have increased while the aircraft carrier force
structure has declined.
(5) Considering the increased array of complex threats
across the globe, the Navy aircraft carrier is operating at
maximum capacity, increasing deployment lengths and decreasing
maintenance periods in order to meet operational requirements.
(6) To meet global peacetime and wartime requirements, the
Navy has indicated a requirement to maintain two aircraft
carriers deployed overseas and have three additional aircraft
carrier capable of deploying within 90 days. However, the Navy
has indicated that the existing aircraft carrier force
structure cannot support these military requirements.
(7) Despite the requirement to maintain an aircraft carrier
strike group in both the United States Central Command and
United States Pacific Command, the Navy has been unable to
generate sufficient capacity to support our combatant
commanders and has developed significant carrier gaps in these
critical areas.
(8) Because of continuing use of a diminished aircraft
carrier force structure, extensive maintenance availabilities
result which typically exceed program costs and increase time
in shipyards. These expansive maintenance availabilities
exacerbate existing carrier gaps.
(9) Because of maintenance overhaul extensions, the Navy is
truncating basic aircraft carrier training to expedite the
deployment of available aircraft carriers. Limiting aircraft
carrier training decreases operational capabilities and
increases sailor risk.
(10) Despite the objections of the Navy, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
directed the Navy on August 7, 2015, to perform shock trials on
the U.S.S. Gerald R. Ford (CVN-78). The Assistant Deputy Chief
of Naval Operations for Operations, Plans and Strategy
indicated that this action could delay the introduction of the
U.S.S. Gerald R. Ford (CVN-78) to the fleet by up to two years,
exacerbating existing carrier gaps.
(11) The Navy has adopted a two-phase acquisition strategy
for the U.S.S. John F. Kennedy (CVN-79), an action that will
delay the introduction of this aircraft carrier by up to two
years, exacerbating existing carrier gaps.
(12) Developing an alternative design to the Ford-class
aircraft carrier is not cost beneficial. A smaller design is
projected to incur significant design and engineering cost
while significantly reducing magazine size, carrier air wing
size, sortie rate, and on-station effectiveness among other
vital factors when compared to the Ford-class. Furthermore, a
new design will delay the introduction of future aircraft
carriers, exacerbating existing carrier gaps and threatening
the national security of the United States.
(13) The 2016 Navy Force Structure Assessment states ``A
minimum of 12 aircraft carriers are required to meet the
increased warfighting response requirements of the Defense
Planning Guidance Defeat/Deny force sizing direction.''
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should expedite delivery of 12
aircraft carriers;
(2) an aircraft carrier should be authorized every three
years;
(3) shock trials should be conducted on the U.S.S. John F.
Kennedy (CVN-79), as initially proposed by the Navy;
(4) construction for the U.S.S. John F. Kennedy (CVN-79)
should be accomplished in a single phase;
(5) the United States should continue the Ford-class design
for CVN-81; and
(6) bulk procurement initiatives for CVN-80 and CVN-81
should be pursued.
SEC. 3. SHOCK TRIALS FOR CVN-78.
Section 128(b)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 751) is amended by
striking ``prior to the first deployment of such ship''.
SEC. 4. INCREASE IN NUMBER OF OPERATIONAL AIRCRAFT CARRIERS OF THE
NAVY.
(a) Increase.--Section 5062(b) of title 10, United States Code, is
amended by striking ``11 operational aircraft carriers'' and inserting
``12 operational aircraft carriers''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2023. | 12 Carrier Act This bill requires the Navy's naval combat forces to include at least 12 (currently, 11) operational aircraft carriers, effective September 30, 2023. The bill amends the National Defense Authorization Act for Fiscal Year 2016 to eliminate the requirement that the Navy's certification to the congressional defense committees must indicate that the full ship shock trials on the U.S.S. Gerald R. Ford will be conducted before the first deployment of such ship. | {"src": "billsum_train", "title": "12 Carrier Act"} | 1,102 | 97 | 0.456959 | 1.142932 | 0.157331 | 2.542169 | 12.168675 | 0.807229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Separation of Powers Restoration
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As a limit on governmental power, Constitutional
framers vested Federal powers in three coequal branches of
government, each with unique and limited powers and each with a
coequal duty to uphold and sustain the Constitution of the
United States.
(2) A Supreme Court justice stated, ``The doctrine of the
separation of powers was adopted by the convention of 1787 not
to promote efficiency but to preclude the exercise of arbitrary
power. The purpose was not to avoid friction, but, by means of
the inevitable friction incident to the distribution of the
governmental powers among three departments, to save the people
from autocracy.'' Myers v. United States, 272 U.S. 52, 293
(1926) (Brandeis, J., dissenting).
(3) James Madison, quoting Montesquieu, stated in
Federalist 47, ```There can be no liberty where the legislative
and executive powers are united in the same person, or body of
magistrates.'''
(4) Article I of the Constitution provides, ``All
legislative powers herein granted shall be vested in a Congress
of the United States.''
(5) A congressional committee print has noted that,
``[b]ecause the President has no power or authority over
individual citizens and their rights except where he is granted
such power and authority by a provision in the Constitution or
by statute, the President's proclamations are not legally
binding and are at best hortatory unless based on such grants
of authority.'' 85th Cong., 1st Sess., Executive Orders and
Proclamations: A Study of a Use of Presidential Powers (Comm.
Print 1957).
(6) The Supreme Court has stated that, even if Presidents
have, without congressional authority, taken actions only the
Congress may take, ``Congress has not thereby lost its
exclusive constitutional authority to make laws necessary and
proper to carry out the powers vested by the Constitution `in
the Government of the United States, or any Department of
Officer thereof.''' (Youngstown Sheet & Tube Co. v. Sawyer, 343
U.S. 579 (1952)).
(7) Treaties or Executive Agreements which purport to
assign powers not amongst those specifically granted to the
Federal Government by the Constitution are non-binding and
cannot constitute law.
SEC. 3. SEPARATION OF POWERS RESTORING RESCISSIONS.
(a) Repeal of War Powers Resolution.--The War Powers Resolution (50
U.S.C. 1541 et seq.) is repealed.
(b) Termination of States of Emergency.--
(1) In general.--All powers and authorities possessed by
the President, any other officer or employee of the Federal
Government, or any executive agency (as defined in section 105
of title 5) as a result of the existence of any declaration of
national emergency in effect on the date of enactment of this
Act are terminated 90 days after such date. Such termination
shall not affect--
(A) any action taken or proceeding pending not
finally concluded or determined on such date;
(B) any action or proceeding based on any act
committed prior to such date; or
(C) any rights or duties that matured or penalties
that were incurred prior to such date.
(2) Definition.--For the purpose of this subsection, the
term ``national emergency'' means a general declaration of
emergency made by the President or any other officer or
employee of the executive branch.
(d) Termination of Authority To Declare Emergency.--To the extent
that any Act of Congress in effect on the date of enactment of this Act
grants to the President or any other officer or employee of the
executive branch the power to declare a national emergency, such power
is hereby divested to the Congress alone.
SEC. 4. REQUIREMENT OF STATEMENT OF AUTHORITY FOR PRESIDENTIAL ORDERS.
(a) Statement of Authority.--The President shall include with each
Presidential order a statement of the specific statutory or
constitutional provision which in fact grants the President the
authority claimed for such action.
(b) Invalidity of Nonconforming Orders.--A Presidential order which
does not include the statement required by subsection (a) is invalid,
to the extent such Presidential order is issued under authority granted
by a congressional enactment.
SEC. 5. EFFECT OF PRESIDENTIAL ORDERS.
(a) Limited Effect of Presidential Orders.--A Presidential order
neither constitutes nor has the force of law and is limited in its
application and effect to the executive branch.
(b) Exceptions.--Subsection (a) does not apply to--
(1) a reprieve or pardon for an offense against the United
States, except in cases of impeachment;
(2) an order given to military personnel pursuant to duties
specifically related to actions taken as Commander in Chief of
the Armed Forces; or
(3) a Presidential order citing the specific congressional
enactment relied upon for the authority exercised in such order
and--
(A) issued pursuant to such authority;
(B) commensurate with the limit imposed by the
plain language of such authority; and
(C) not issued pursuant to a ratified or unratified
treaty or bilateral or multilateral agreement which--
(i) violates the ninth or tenth amendments
to the Constitution; or
(ii) makes a delegation of power to a
foreign government or international body when
no such delegating authority exists under the
Constitution.
SEC. 6. STANDING TO CHALLENGE PRESIDENTIAL ORDERS WHICH IMPACT
SEPARATION OF POWERS INTEGRITY.
The following persons may bring an action in an appropriate United
States court to challenge the validity of any Presidential order which
exceeds the power granted to the President by the relevant authorizing
statute or the Constitution:
(1) Congress and its members.--The House of
Representatives, the Senate, any Senator, and any
Representative to the House of Representatives, if the
challenged Presidential order--
(A) infringes on any power of Congress;
(B) exceeds any power granted by a congressional
enactment; or
(C) violates section 4 because it does not state
the statutory authority which in fact grants the
President the power claimed for the action taken in
such Presidential order.
(2) State and local governments.--The highest governmental
official of any State, commonwealth, district, territory, or
possession of the United States, or any political subdivision
thereof, or the designee of such person, if the challenged
Presidential order infringes on the powers afforded to the
States under the Constitution.
(3) Aggrieved persons.--Any person aggrieved in a liberty
or property interest adversely affected directly by the
challenged Presidential order.
SEC. 7. DEFINITION OF PRESIDENTIAL ORDER.
In this Act, the term ``Presidential order'' means--
(1) any Executive order, Presidential proclamation, or
Presidential directive; and
(2) any other Presidential or Executive action by whatever
name described purporting to have normative effect outside the
executive branch which is issued under the authority of the
President or any other officer or employee of the executive
branch. | States that, to the extend that any Act of Congress grants to the President or any other executive officer or employee the power to declare a national emergency, such power is divested to Congress alone.
Directs the President to include with each presidential order a statement of the specific statutory or constitutional authority for such action.
States, with exceptions, that a presidential order neither constitutes nor has the force of law and is limited in application and effect to the executive branch.
Authorizes both Houses of Congress, a Senator or Representative, certain State and local officials, and certain aggrieved persons to bring an action to challenge the validity of any presidential order which exceeds the power granted to the President by the relevant authorizing statute or the Constitution. | {"src": "billsum_train", "title": "Separation of Powers Restoration Act"} | 1,657 | 158 | 0.415177 | 1.221279 | 0.771795 | 5.65493 | 10.232394 | 0.93662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.
SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS
PROCEDURES.
Section 2680(c) of title 28, United States Code, is amended by
striking ``law-enforcement officer'' and inserting ``law enforcement
officer, except that this chapter and section 1346(b) shall apply to a
claim based on the negligent destruction, injury, or loss of goods or
merchandise (including real property) while in the possession of an
officer of customs or excise or any other law enforcement officer''.
SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.
Rule C(6) of the Supplemental Rules for Certain Admiralty and
Maritime Claims to the Federal Rules of Civil Procedures (28 U.S.C.
App.) is amended by striking ``10 days'' and inserting ``60 days''.
SEC. 4. CLAIM AFTER SEIZURE.
Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended
to read as follows:
``SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.
``(a) In General.--
``(1) Filing of claim.--At any time within 60 days after
the date on which a notice of seizure is first published, a
person who claims a vessel, vehicle, aircraft, merchandise, or
baggage seized under a law described in section 605 may file
with the appropriate customs officer a claim stating the
person's interest in the property.
``(2) Condemnation.--On filing of a claim under paragraph
(1), the customs officer shall transmit the claim, with a
duplicate list and description of the articles seized, to the
United States attorney for the district in which the seizure
was made, who shall proceed to a condemnation of the
merchandise or other property in the manner prescribed by law.
``(b) Court-Appointed Counsel.--
``(1) In general.--If a person filing a claim under
subsection (a), or a claim regarding property seized under
another law that incorporates by reference the seizure,
forfeiture, and condemnation procedures of the customs laws, is
financially unable to obtain representation of counsel, the
court may appoint appropriate counsel to represent the person
with respect to the claim.
``(2) Compensation.--(A) The court shall set the
compensation for counsel appointed under paragraph (1) in an
amount that is equivalent to that provided for counsel
appointed under section 3006A of title 18, United States Code.
``(B) Compensation of counsel appointed under paragraph (1)
shall be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, United States
Code.''.
SEC. 5. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended
to read as follows:
``SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
``(a) In General.--In a suit or action described in subsection (b),
the burden of proof is on the Government to establish by clear and
convincing evidence that the property is subject to forfeiture.
``(b) Suits and Actions Described.--A suit or action is described
in this subsection if it is--
``(1) a suit or action (other than a suit or action arising
under section 592) brought for the forfeiture of a vessel,
vehicle, aircraft, merchandise, or baggage seized under any law
relating to the collection of duties on imports or tonnage; or
``(2) a suit or action brought for the recovery of the
value of any vessel, vehicle, aircraft, merchandise, or
baggage, because of a violation of that law.''.
SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP.
Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended--
(1) by inserting ``(a) Release Upon Payment.--'' before
``If''; and
(2) by adding at the end the following new subsection:
``(b) Release of Seized Property for Substantial Hardship.--
``(1) Request for release.--(A) A claimant is entitled to
immediate release of seized property if continued possession by
the Government would cause the claimant substantial hardship.
``(B) A claimant seeking release of property under this
subsection shall--
``(i) request possession of the property from the
appropriate customs officer; and
``(ii) state in the request the basis for such
release.
``(2) Civil action.--(A) If, within 10 days after the date
on which a request is made under paragraph (1), the subject
property has not been released, the claimant may file a
complaint in any district court that would have jurisdiction
over forfeiture proceedings relating to the property.
``(B) A complaint under subparagraph (B) shall state--
``(i) the nature of the claim to the seized
property;
``(ii) the reason why the continued possession by
the United States Government pending the final
disposition of forfeiture proceedings will cause
substantial hardship to the claimant; and
``(iii) the steps that the claimant has taken to
secure release of the property from the appropriate
customs officer.
``(3) Return of property.--If a complaint is filed under
paragraph (2), the district court shall order that the property
be returned to the claimant, pending completion of proceedings
by the United States Government to obtain forfeiture of the
property, if the claimant shows that--
``(A) the claimant is likely to demonstrate a
possessory interest in the seized property; and
``(B) continued possession by the United States
Government of the seized property is likely to cause
substantial hardship to the claimant.
``(4) Conditions.--The court may place such conditions on
release of the property as the court finds are appropriate to
preserve the availability of the property or its equivalent for
forfeiture.
``(5) Time for decision.--The district court shall render a
decision on a complaint filed under paragraph (2) no later than
30 days after the date of the filing, unless such 30-day
limitation is extended by consent of the parties or by the
court for good cause shown.''.
SEC. 7. JUSTICE ASSETS FORFEITURE FUND.
Section 524(c) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``law enforcement'';
(B) by redesignating subparagraphs (H) and (I) as
subparagraphs (I) and (J), respectively; and
(C) by inserting after subparagraph (G) the
following new subparagraph:
``(H) payment of court-awarded compensation for
representation of claimants pursuant to section 608(b) of the
Tariff Act of 1930;''; and
(2) in paragraph (9)(A), by striking ``(H)'' and inserting
``(I)''.
SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED
SUBSTANCES ACT.
Section 511(a)(7) of the Controlled Substances Act (21 U.S.C.
881(a)(7)) is amended by striking ``without the knowledge or consent of
that owner'' and inserting ``either without the knowledge of that owner
or without the consent of that owner''.
SEC. 9. APPLICABILITY.
The amendments made by this Act apply with respect to claims filed
under section 608 of the Tariff Act of 1930 and suits and actions filed
under section 615 of that Act on or after the date of enactment of this
Act. | Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures a claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of a customs or other law enforcement officer.
Extends the period for filing claims in certain in rem proceedings.
Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 60 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements.
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return.
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel. | {"src": "billsum_train", "title": "Civil Asset Forfeiture Reform Act"} | 1,841 | 444 | 0.709943 | 2.395337 | 0.817327 | 4.746702 | 4.211082 | 0.931398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Mammography Coverage Act of
1995''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Breast cancer is the second leading cause of death by
cancer in women.
(2) An estimated 182,000 new invasive cases of breast
cancer in the United States are expected during 1995.
(3) An estimated 46,240 individuals are expected to die of
breast cancer during 1995, of whom 46,000 will be women.
(4) There is no cure for breast cancer.
(5) Early detection is the key to survival of this
devastating disease.
(6) Mammography is recognized as a valuable diagnostic
technique for the detection of breast cancer.
(7) The American Cancer Society recommends that
asymptomatic women have a screening mammogram by age 40 and a
screening mammogram every 1 to 2 years between the ages of 40
and 49.
(8) The American Cancer Society and the National Cancer
Institute recommend an annual mammogram for women over age 50.
(9) Lower-income women are often unable to afford
recommended cancer screening.
(10) Many lower-income women receive health care benefits
under the medicaid program.
SEC. 3. COVERAGE OF SCREENING MAMMOGRAPHY UNDER MEDICAID.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by redesignating paragraph (25) as paragraph (26); and
(3) by inserting after paragraph (24) the following new
paragraph:
``(25) screening mammography (as defined in subsection
(t)(1)) that is conducted by a facility that has a certificate
(or provisional certificate) issued under section 354 of the
Public Health Service Act, to the extent consistent with the
frequency permitted under subsection (t)(2); and''.
(b) Frequency of Coverage.--Section 1905 of such Act (42 U.S.C.
1396d) is amended by adding at the end the following new subsection:
``(t) Coverage of Screening Mammography.--
``(1) Definition.--The term `screening mammography' means a
radiologic procedure provided to a woman for the purpose of
early detection of breast cancer and includes a physician's
interpretation of the results of the procedure.
``(2) Frequency covered.--
``(A) In general.--Subject to revision by the
Secretary under subparagraph (B)--
``(i) Medical assistance is not required to
be made under this title for screening
mammography performed on a woman under 35 years
of age.
``(ii) Medical assistance is available
under this title for only 1 screening
mammography performed on a woman over 34 years
of age, but under 40 years of age.
``(iii) In the case of a woman over 39
years of age, but under 50 years of age, who--
``(I) is at a high risk of
developing breast cancer (as determined
pursuant to factors identified by the
Secretary), medical assistance is not
required to be made available under
this title for a screening mammography
performed within 11 months of a
previous screening mammography, or
``(II) is not at a high risk of
developing breast cancer, medical
assistance is not required to be made
available under this title for a
screening mammography performed within
23 months of a previous screening
mammography.
``(iv) In the case of a woman over 49 years
of age, medical assistance is not required to
be made available under this title for
screening mammography performed within 11
months of a previous screening mammography.
``(B) Revision of frequency.--
``(i) Review.--The Secretary, in
consultation with the Director of the National
Cancer Institute, shall review periodically
appropriate frequency for performing screening
mammography, based on age and such other
factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which medical
assistance is required to be made available
under this title, but no such revision shall
apply to screening mammography performed before
January 1, 1997.''.
(c) Making Coverage Mandatory.--Section 1902(a)(10)(A) of such Act
(42 U.S.C. 1396a(a)(10)(A)) is amended by striking ``(17) and (21)''
and inserting ``(17), (21), and (25)''.
(d) Prohibiting Imposition of Charges Against Beneficiaries.--
Sections 1916(a)(2)(D) and 1916(b)(2)(D) of such Act (42 U.S.C.
1396o(a)(2)(D), 1396o(b)(2)(D)) are each amended by inserting
``services described in section 1905(a)(25),'' after
``1905(a)(4)(C),''.
(e) 100 Percent Federal Match.--Section 1905(b) of such Act (42
U.S.C. 1396d(b)) is amended by adding at the end the following:
``Notwithstanding the first sentence of this subsection, the Federal
medical assistance percentage shall be 100 percent with respect to
amounts expended for medical assistance consisting of screening
mammography under subsection (a)(25).''.
(f) Conforming Amendments.--(1) Section 1902(a)(10)(C)(iv) of such
Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended--
(A) by striking ``(5) and (17)'' and inserting ``(5), (17),
and (25)''; and
(B) by striking ``through (21)'' and inserting ``through
(25)''.
(2) Section 1902(j) (42 U.S.C. 1396a(j)) of such Act is amended by
striking ``through (22)'' and inserting ``through (26)''.
(g) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to screening mammography
performed on or after January 1, 1996, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Medicaid Mammography Coverage Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women aged 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary of Health and Human Services to periodically review and revise permissible frequencies of such tests.
Makes such coverage mandatory. Prohibits imposition of charges against beneficiaries for such services. Provides for a 100 percent Federal match for such screening mammography services. | {"src": "billsum_train", "title": "Medicaid Mammography Coverage Act of 1995"} | 1,647 | 136 | 0.539401 | 1.437331 | 0.506193 | 2.055556 | 13.296296 | 0.777778 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Parks
Capital Improvements Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Fundraising organization.
Sec. 4. Memorandum of agreement.
Sec. 5. National park surcharge or set-aside.
Sec. 6. Use of bond proceeds.
Sec. 7. Administration.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fundraising organization.--The term ``fundraising
organization'' means an entity authorized to act as a
fundraising organization under section 3(a).
(2) Memorandum of agreement.--The term ``memorandum of
agreement'' means a memorandum of agreement entered into by the
Secretary under section 3(a) that contains the terms specified
in section 4.
(3) National park foundation.--The term ``National Park
Foundation'' means the foundation established under Public Law
90-209 (16 U.S.C. 19e et seq.).
(4) National park.--The term ``national park'' means--
(A) the Grand Canyon National Park; and
(B) any other unit of the National Park System
designated by the Secretary that has an approved
general management plan with capital needs in excess of
$5,000,000.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FUNDRAISING ORGANIZATION.
(a) In General.--The Secretary may enter into a memorandum of
agreement under section 4 with an entity to act as an authorized
fundraising organization for the benefit of a national park.
(b) Bonds.--The fundraising organization for a national park shall
issue taxable bonds in return for the surcharge or set-aside for that
national park collected under section 5.
(c) Professional Standards.--The fundraising organization shall
abide by all relevant professional standards regarding the issuance of
securities and shall comply with all applicable Federal and State law.
(d) Audit.--The fundraising organization shall be subject to an
audit by the Secretary.
(e) No Liability for Bonds.--
(1) In general.--The United States shall not be liable for
the security of any bonds issued by the fundraising
organization.
(2) Exception.--If the surcharge or set-aside described in
section 5(a) for a national park is not imposed for any reason,
or if the surcharge or set-aside is reduced or eliminated, the
full faith and credit of the United States is pledged to the
payment of--
(A) the bonds issued by a fundraising organization
under subsection (b) for that national park; and
(B) the interest accruing on the bonds.
SEC. 4. MEMORANDUM OF AGREEMENT.
The fundraising organization shall enter into a memorandum of
agreement that specifies--
(1) the amount of the bond issue;
(2) the maturity of the bonds, not to exceed 20 years;
(3) the per capita amount required to amortize the bond
issue, provide for the reasonable costs of administration, and
maintain a sufficient reserve consistent with industry
standards;
(4) the project or projects at the national park that will
be funded with the bond proceeds and the specific
responsibilities of the Secretary and the fundraising organization with
respect to each project; and
(5) procedures for modifications of the agreement with the
consent of both parties based on changes in circumstances,
including modifications relating to project priorities.
SEC. 5. NATIONAL PARK SURCHARGE OR SET-ASIDE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may authorize the superintendent of a national park for which
a memorandum of agreement is in effect--
(1) to charge and collect a surcharge in an amount not to
exceed $2 for each individual otherwise subject to an entrance
fee for admission to the national park; or
(2) to set aside not more than $2 for each individual
charged the entrance fee.
(b) Surcharge in Addition to Entrance Fees.--A surcharge under
subsection (a) shall be in addition to any entrance fee collected
pursuant to--
(1) section 4 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a);
(2) the Recreational Fee Demonstration Program authorized
by section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note); or
(3) the national park passport program under title VI of
the National Parks Omnibus Management Act of 1998 (16 U.S.C.
5991 et seq.).
(c) Limitation.--The total amount charged or set aside under
subsection (a) may not exceed $2 for each individual charged an
entrance fee.
(d) Use.--A surcharge or set-aside under subsection (a) shall be
used by the fundraising organization to--
(1) amortize the bond issue;
(2) provide for the reasonable costs of administration; and
(3) maintain a sufficient reserve consistent with industry
standards, as determined by the bond underwriter.
(e) Excess Funds.--Any funds collected in excess of the amount
necessary to fund the uses in subsection (d) shall be remitted to the
National Park Foundation to be used for the benefit of all units of the
National Park System.
SEC. 6. USE OF BOND PROCEEDS.
(a) Eligible Projects.--
(1) In general.--Subject to paragraph (2), bond proceeds
under this Act may be used for a project for the design,
construction, operation, maintenance, repair, or replacement of
a facility in the national park for which the bond was issued.
(2) Project limitations.--A project referred to in
paragraph (1) shall be consistent with--
(A) the laws governing the National Park System;
(B) any law governing the national park in which
the project is to be completed; and
(C) the general management plan for the national
park.
(3) Prohibition on use for administration.--Other than
interest as provided in subsection (b), no part of the bond
proceeds may be used to defray administrative expenses.
(b) Interest on Bond Proceeds.--
(1) Authorized uses.--Any interest earned on bond proceeds
may be used by the fundraising organization--
(A) to meet reserve requirements; and
(B) to defray reasonable administrative expenses
incurred in connection with the management and sale of
the bonds.
(2) Excess interest.--All interest on bond proceeds not
used for purposes of paragraph (1) shall be remitted to the
National Park Foundation for the benefit of all units of the
National Park System.
SEC. 7. ADMINISTRATION.
The Secretary, in consultation with the Secretary of Treasury,
shall promulgate regulations to carry out this Act. | National Parks Capital Improvements Act of 2001 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fund raising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge or set-aside.Authorizes the Secretary to set aside up to $2 per person from park entrance fees, or to assess an additional $2 per person, to secure bonds for park capital improvements. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon National Park and certain other units of the National Park System to secure bonds for capital improvements to these parks, and for other purposes."} | 1,543 | 137 | 0.604028 | 1.612499 | 0.687279 | 3.841667 | 11.783333 | 0.891667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shark Finning Prohibition Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to eliminate shark-finning by addressing
the problem comprehensively at both the national and international
levels.
SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS
AT SEA.
Section 307(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph (N);
(2) by striking ``section 302(j)(7)(A).'' in subparagraph (O)
and inserting ``section 302(j)(7)(A); or''; and
(3) by adding at the end the following:
``(P)(i) to remove any of the fins of a shark (including
the tail) and discard the carcass of the shark at sea;
``(ii) to have custody, control, or possession of any such
fin aboard a fishing vessel without the corresponding carcass;
or
``(iii) to land any such fin without the corresponding
carcass.
For purposes of subparagraph (P) there is a rebuttable presumption
that any shark fins landed from a fishing vessel or found on board
a fishing vessel were taken, held, or landed in violation of
subparagraph (P) if the total weight of shark fins landed or found
on board exceeds 5 percent of the total weight of shark carcasses
landed or found on board.''.
SEC. 4. REGULATIONS.
No later than 180 days after the date of the enactment of this Act,
the Secretary of Commerce shall promulgate regulations implementing the
provisions of section 3076(1)(P) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by
section 3 of this Act.
SEC. 5. INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Secretary of State,
shall--
(1) initiate discussions as soon as possible for the purpose of
developing bilateral or multilateral agreements with other nations
for the prohibition on shark-finning;
(2) initiate discussions as soon as possible with all foreign
governments which are engaged in, or which have persons or
companies engaged in shark-finning, for the purposes of--
(A) collecting information on the nature and extent of
shark-finning by such persons and the landing or transshipment
of shark fins through foreign ports; and
(B) entering into bilateral and multilateral treaties with
such countries to protect such species;
(3) seek agreements calling for an international ban on shark-
finning and other fishing practices adversely affecting these
species through the United Nations, the Food and Agriculture
Organization's Committee on Fisheries, and appropriate regional
fishery management bodies;
(4) initiate the amendment of any existing international treaty
for the protection and conservation of species of sharks to which
the United States is a party in order to make such treaty
consistent with the purposes and policies of this section;
(5) urge other governments involved in fishing for or
importation of shark or shark products to fulfill their obligations
to collect biological data, such as stock abundance and by-catch
levels, as well as trade data, on shark species as called for in
the 1995 Resolution on Cooperation with FAO with Regard to study on
the Status of Sharks and By-Catch of Shark Species; and
(6) urge other governments to prepare and submit their
respective National Plan of Action for the Conservation and
Management of Sharks to the 2001 session of the FAO Committee on
Fisheries, as set forth in the International Plan of Action for the
Conservation and Management of Sharks.
SEC. 6. REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the Secretary of
State, shall provide to Congress, by not later than 1 year after the
date of the enactment of this Act, and every year thereafter, a report
which--
(1) includes a list that identifies nations whose vessels
conduct shark-finning and details the extent of the international
trade in shark fins, including estimates of value and information
on harvesting of shark fins, and landings or transshipment of shark
fins through foreign ports;
(2) describes the efforts taken to carry out this Act, and
evaluates the progress of those efforts;
(3) sets forth a plan of action to adopt international measures
for the conservation of sharks; and
(4) includes recommendations for measures to ensure that United
States actions are consistent with national, international, and
regional obligations relating to shark populations, including those
listed under the Convention on International Trade in Endangered
Species of Wild Flora and Fauna.
SEC. 7. RESEARCH.
The Secretary of Commerce, subject to the availability of
appropriations authorized by section 10, shall establish a research
program for Pacific and Atlantic sharks to engage in the following data
collection and research:
(1) The collection of data to support stock assessments of
shark populations subject to incidental or directed harvesting by
commercial vessels, giving priority to species according to
vulnerability of the species to fishing gear and fishing mortality,
and its population status.
(2) Research to identify fishing gear and practices that
prevent or minimize incidental catch of sharks in commercial and
recreational fishing.
(3) Research on fishing methods that will ensure maximum
likelihood of survival of captured sharks after release.
(4) Research on methods for releasing sharks from fishing gear
that minimize risk of injury to fishing vessel operators and crews.
(5) Research on methods to maximize the utilization of, and
funding to develop the market for, sharks not taken in violation of
a fishing management plan approved under section 303 or section
307(1)(P) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853, 1857(1)(P)).
(6) Research on the nature and extent of the harvest of sharks
and shark fins by foreign fleets and the international trade in
shark fins and other shark products.
SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
The National Marine Fisheries Service, in consultation with the
Western Pacific Fisheries Management Council, shall initiate a
cooperative research program with the commercial longlining industry to
carry out activities consistent with this Act, including research
described in section 7 of this Act. The service may initiate such shark
cooperative research programs upon the request of any other fishery
management council.
SEC. 9. SHARK-FINNING DEFINED.
In this Act, the term ``shark-finning'' means the taking of a
shark, removing the fin or fins (whether or not including the tail) of
a shark, and returning the remainder of the shark to the sea.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary of Commerce to: (1) initiate international negotiations for the prohibition of shark-finning; (2) submit to Congress a list of nations whose vessels conduct shark- finning, set forth a plan of action for the international conservation of sharks, and include recommendations for U.S. compliance with national, international, and regional obligations relating to shark populations; and (3) establish a research program for Pacific and Atlantic sharks.
Directs the National Marine Fisheries Service to initiate a western Pacific longline fisheries cooperative research program.
Authorizes appropriations. | {"src": "billsum_train", "title": "Shark Finning Prohibition Act"} | 1,576 | 124 | 0.520141 | 1.499444 | 0.478121 | 3.266667 | 13.733333 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Play Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) June 23, 1997, marks the 25th anniversary of the
signing of title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) into law, and on that day communities
across the United States will honor the tremendous difference
such title IX has made to women and girls in our Nation.
(2) Since enactment in 1972, such title IX has played a
vital role in expanding the athletic opportunities available to
American girls and women.
(3) Prior to the enactment of such title IX, fewer than
32,000 women competed in intercollegiate athletics, women
received only 2 percent of schools' athletic budgets, and
athletic scholarships for women were practically nonexistent.
(4) In 1997, more than 110,000 women competed in
intercollegiate sports, and women account for 37 percent of
college varsity athletes.
(5) While such title IX has been very successful, a
significant gap remains between the athletic opportunities
available to men and the athletic opportunities available to
women.
(6) According to a 1997 study by the National Collegiate
Athletic Association, female college athletes receive only 23
percent of athletic operating budgets, 38 percent of athletic
scholarship dollars, and 27 percent of the money spent to
recruit new athletes.
(7) While women represent 53 percent of the students
attending institutions of higher education, women comprise only
37 percent of the athletes attending institutions of higher
education.
(8) There is substantial evidence that women and girls who
participate in athletics have better physical and emotional
health than women and girls who do not participate, and that
participation in athletics can improve academic achievement.
(9) Easily accessible information regarding the
expenditures of institutions of higher education for women's
and men's athletic programs will help prospective students and
prospective student athletes make informed judgments about the
commitment of a given institution of higher education to
providing athletic opportunities to male and female students
attending the institution.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to make information regarding men's and women's
athletic programs at institutions of higher education easily
available to prospective students and prospective student
athletes; and
(2) to increase the athletic opportunities available to
women at institutions of higher education.
SEC. 4. INFORMATION AVAILABILITY.
Section 485(g) of the Higher Education Act of 1965 (20 U.S.C.
1092(g)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Submission; report; information availability.--(A)
Each institution of higher education described in paragraph (1)
shall provide to the Secretary, within 15 days of the date that
the institution makes available the report under paragraph (1),
the information contained in the report.
``(B) The Secretary shall prepare a report regarding the
information received under subparagraph (A) for each year by
April 1 of the year. The report shall--
``(i) summarize the information and identify trends
in the information;
``(ii) aggregate the information by divisions of
the National Collegiate Athletic Association; and
``(iii) contain information on each individual
institution of higher education.
``(C) The Secretary shall ensure that the report described
in subparagraph (B) is made available on the Internet within a
reasonable period of time.
``(D) The Secretary shall establish, within a reasonable
period of time, a toll-free telephone service--
``(i) to provide the public with information
regarding reports described in subparagraph (B);
``(ii) to provide the public with information
regarding the information received under subparagraph
(A); and
``(iii) to respond to inquiries from the public
regarding the provisions of title IX of the Education
Amendments of 1972.
``(E) The Secretary shall use the information provided by
institutions of higher education under paragraph (1) to ensure
compliance with title IX of the Education Amendments of 1972.
``(F) The Secretary shall notify, not later than 180 days
after the date of enactment of this paragraph, all secondary
schools in all States regarding the availability of the
information reported under subparagraph (B) and the information
made available under paragraph (1), and how such information
may be accessed. | Fair Play Act - Amends the Higher Education Act of 1965 to require: (1) each institution of higher education to provide the Secretary of Education with information regarding men's and women's athletic programs; and (2) the Secretary to prepare a report based on such information, which shall be made available on the Internet. Requires the Secretary to establish a toll-free telephone service to provide the public with information regarding such reports and respond to inquiries about title IX of the Education Amendments of 1972 and athletic opportunities for girls and women. | {"src": "billsum_train", "title": "Fair Play Act"} | 955 | 115 | 0.556787 | 1.3757 | 0.575414 | 3.485714 | 9.142857 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trust Fund Restoration Act of
1995''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
(2) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503 of the
Internal Revenue Code of 1986.
(4) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
SEC. 3. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY
TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR
MAINTENANCE TRUST FUND.
(a) In General.--The receipts and disbursements of the Highway
Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways
Trust Fund, and the Harbor Maintenance Trust Fund--
(1) shall not be included in the totals of--
(A) the budget of the United States Government as
submitted by the President under section 1105 of title
31, United States Code; or
(B) the congressional budget (including allocations
of budget authority and outlays provided in the
congressional budget);
(2) shall not be--
(A) considered to be part of any category (as
defined in section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4))) of discretionary appropriations; or
(B) subject to the discretionary spending limits
established under section 251(b) of the Act (2 U.S.C.
901(b));
(3) shall not be subject to sequestration under section
251(a) of the Act (2 U.S.C. 901(a)); and
(4) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
(b) Disbursements Subject to Appropriations.--The disbursements
referred to in subsection (a) shall be subject to appropriations.
SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47129 the following:
``Sec. 47130. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
``(1) the amount that would (but for this section)
constitute the unfunded aviation authorizations at the
termination of the first fiscal year that begins after that
March 31; and
``(2) the net aviation receipts at the termination of the
fiscal year referred to in paragraph (1).
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If,
with respect to a fiscal year, the Secretary determines that the amount
described in subsection (a)(1) exceeds the amount described in
subsection (a)(2), the Secretary shall determine the amount of the
excess.
``(c) Adjustment of Authorizations if Unfunded Authorizations
Exceed Receipts.--
``(1) Determination of percentage.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, the Secretary
shall determine the percentage that the excess amount is of the
sum of--
``(A) the amounts authorized to be appropriated
from the Airport and Airway Trust Fund for the next
fiscal year; and
``(B) the amounts available for obligation from the
Airport and Airway Trust Fund for the next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, each amount
authorized to be appropriated or available for obligation from
the Airport and Airway Trust Fund for the next fiscal year
shall be reduced by the percentage determined in accordance
with paragraph (1).
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--Any amount authorized
to be appropriated or available for obligation from the Airport
and Airway Trust Fund that is reduced under subsection (c)(2)
shall be further adjusted in accordance with paragraph (2) if,
after an adjustment has been made under subsection (c)(2) for a
fiscal year, the Secretary determines that, with respect to the fiscal
year--
``(A) the amount described in subsection (a)(1)
does not exceed the amount described in subsection
(a)(2); or
``(B) an excess amount determined under subsection
(b) is less than an excess amount determined as a
result of a previous determination.
``(2) Adjustment.--Each amount that is subject to a further
adjustment under paragraph (1) shall be increased by an equal
percentage determined by the Secretary under paragraph (3).
``(3) Percentage.--
``(A) In general.--Subject to subparagraph (B), the
percentage referred to in paragraph (2) shall be the
maximum percentage that does not cause the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2).
``(B) Limitation.--The amount of any increase
determined under this subsection may not exceed the
amount of the corresponding reduction under subsection
(c)(2).
``(4) Apportionment.--The total amount of any increases
determined for a fiscal year under paragraph (3) shall be made
available to the Secretary for apportionment. The Secretary
shall apportion the amount in accordance with this subsection.
``(5) Period of availability.--Any funds apportioned under
paragraph (4) shall remain available for the period for which
the funds would be available if the apportionment were made
under appropriations and obligations for the fiscal year in
which the funds are apportioned under paragraph (4).
``(e) Reports.--The Secretary shall report to Congress--
``(1) any estimate made under subsection (a); and
``(2) any determination made under subsection (b), (c), or
(d).
``(f) Definitions.--In this section:
``(1) Airport and airway trust fund.--The term `Airport and
Airway Trust Fund' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
``(2) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the amount by
which--
``(A) the receipts (including interest) of the
Airport and Airway Trust Fund during the period;
exceeds
``(B) the amounts to be transferred during the
period from the Airport and Airway Trust Fund under
section 9502(d) of the Internal Revenue Code of 1986
(other than under section 9502(d)(1) of the Code).
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(4) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the amount by
which--
``(A) the total amount authorized to be
appropriated or available for obligation from the
Airport and Airway Trust Fund that has not been
appropriated or obligated; exceeds
``(B) the amount available in the Airport and
Airway Trust Fund at that time to make the
appropriation or to liquidate the obligation (after all
other unliquidated obligations at that time that are
payable from the Airport and Airway Trust Fund have
been liquidated).''.
(b) Conforming Amendment.--The analysis for chapter 471 of title
49, United States Code, is amended by adding at the end of subchapter I
the following:
``47130. Safeguards against deficit spending.''.
SEC. 5. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF INLAND WATERWAYS
TRUST FUND AND HARBOR MAINTENANCE TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations and Net
Inland Waterways Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
(1) the amount that would (but for this section) constitute
the unfunded inland waterways authorizations and unfunded
harbor maintenance authorizations at the termination of the
first fiscal year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the termination of the fiscal year
referred to in paragraph (1).
(b) Procedure if Excess Unfunded Authorizations.--If, with respect
to a fiscal year, the Secretary determines with respect to a Trust Fund
that the amount described in subsection (a)(1) exceeds the amount
described in subsection (a)(2), the Secretary shall determine the
amount of the excess.
(c) Adjustment of Authorizations if Unfunded Authorizations Exceed
Receipts.--
(1) Determination of percentage.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, the Secretary
shall determine the percentage that the excess amount is of the
sum of--
(A) the amounts authorized to be appropriated from
the Trust Fund for the next fiscal year; and
(B) the amounts available for obligation from the
Trust Fund for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, each amount
authorized to be appropriated or available for obligation from
the Trust Fund for the next fiscal year shall be reduced by the
percentage determined in accordance with paragraph (1).
(d) Availability of Amounts Previously Withheld.--
(1) Increase of authorizations.--Any amount authorized to
be appropriated or available for obligation from a Trust Fund
that is reduced under subsection (c)(2) shall be further
adjusted in accordance with paragraph (2) if, after an
adjustment has been made under subsection (c)(2) for a fiscal
year with respect to the Trust Fund, the Secretary determines
that, with respect to the Trust Fund and the fiscal year--
(A) the amount described in subsection (a)(1) does
not exceed the amount described in subsection (a)(2);
or
(B) an excess amount determined under subsection
(b) is less than an excess amount determined as a
result of a previous determination.
(2) Adjustment.--Each amount that is subject to a further
adjustment under paragraph (1) shall be increased by an equal
percentage determined by the Secretary under paragraph (3).
(3) Percentage.--
(A) In general.--Subject to subparagraph (B), the
percentage referred to in paragraph (2) shall be the
maximum percentage that does not cause the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) with respect to the
Trust Fund.
(B) Limitation.--The amount of any increase
determined under this subsection may not exceed the
amount of the corresponding reduction under subsection
(c)(2).
(e) Reports.--The Secretary shall report to Congress--
(1) any estimate made under subsection (a); and
(2) any determination made under subsection (b), (c), or
(d).
(f) Definitions.--In this section:
(1) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
receipts (including interest) of the Harbor Maintenance Trust
Fund during the period.
(2) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during the period.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(4) Trust fund.--The term ``Trust Fund'' means the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund, as
the case may be.
(5) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the amount by which--
(A) the total amount authorized to be appropriated
or available for obligation from the Harbor Maintenance
Trust Fund that has not been appropriated or obligated;
exceeds
(B) the amount available in the Harbor Maintenance
Trust Fund at that time to make the appropriation.
(6) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the amount by which--
(A) the total amount authorized to be appropriated
or available for obligation from the Inland Waterways
Trust Fund that has not been appropriated or obligated;
exceeds
(B) the amount available in the Inland Waterways
Trust Fund at that time to make the appropriation.
SEC. 6. ENFORCEMENT.
An officer or employee of the United States Government who fails to
comply with this Act and the amendments made by this Act shall be
subject to the penalties specified in section 1350 of title 31, United
States Code.
SEC. 7. APPLICABILITY.
This Act and the amendments made by this Act shall apply to
authorizations and obligations made for fiscal years 1996 and
thereafter. | Trust Fund Restoration Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being: (1) included in the totals of either the President's budget or in the congressional budget; (2) considered as any category of discretionary appropriations as defined under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or subject to discretionary spending limits under such Act; (3) subject to sequestration under such Act; and (4) exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays). Makes any such disbursements subject to appropriations. Directs, with respect to the Airport and Airway Trust Fund, that estimates of unfunded aviation authorizations and net aviation receipts be made annually and that adjustments be made if unfunded authorizations exceed receipts. Sets forth similar provisions for both the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund. | {"src": "billsum_train", "title": "Trust Fund Restoration Act of 1995"} | 3,112 | 240 | 0.710945 | 2.098648 | 1.004282 | 4.217172 | 13.994949 | 0.873737 |
SECTION 1. ONE-YEAR ENROLLMENT OF LAND COVERED BY EXPIRING CONSERVATION
RESERVE PROGRAM CONTRACTS.
(a) Eligible Farm Lands.--This section applies with respect to a
farm containing land covered by a conservation reserve program contract
expiring during fiscal year 1997 if--
(1) the farm had a crop acreage base for wheat, oats, or
barley at the time the conservation reserve program contract
was executed;
(2) the farm is located in an area in which fall-seeded
crops are regularly planted, as determined by the Secretary of
Agriculture;
(3) the owner of the farm (or the operator with the consent
of the owner) submitted, during the enrollment period that
ended on March 28, 1997, an eligible bid to enroll all or part
of the land covered by the expiring contract in the
conservation reserve established under subchapter B of chapter
1 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3831 et seq.); and
(4) the land designated in the bid satisfies the
eligibility criteria in effect for enrollment of land in the
conservation reserve.
(b) One-Year Enrollment Authorized.--
(1) Authority of owner or operator.--Except as provided in
subsection (g), the owner or operator of a farm described in
subsection (a) may enroll in the conservation reserve for a
one-year term to begin on October 1, 1997, the land covered by
the expiring conservation reserve program contract and included
in the owner's or operator's enrollment bid (as described in
subsection (a)(3)) if--
(A) the owner or operator notifies the Secretary in
writing, during the special notification period
required under paragraph (2), that the owner or
operator desires to enroll the land in the conservation
reserve for one year under this section; and
(B) the Secretary does not accept, before October
1, 1997, the owner's or operator's enrollment bid (as
described in subsection (a)(3)) to enroll the land in a
long-term conservation reserve program contract.
(2) Special notification period.--Promptly upon the
enactment of this Act, the Secretary shall provide a special
period for owners and operators of farms described in
subsection (a) to permit the owners and operators to provide
the notification required under paragraph (1)(A) to enter into
one-year conservation reserve program contracts under this
section.
(c) Rental Rate.--The rental rate for a one-year conservation
reserve program contract under subsection (b) shall be equal to the
amount of the bid (as described in subsection (a)(3)) that the owner or
operator submitted with respect to the land to be covered by the one-
year contract.
(d) Effect of One-Year Contract on Subsequent Enrollment.--If an
owner or operator who enrolls eligible farm land in a one-year
conservation reserve program contract under subsection (b) submits a
bid to enroll the same land in the conservation reserve under a long-
term conservation reserve program contract that would commence on
October 1, 1998, and the Secretary accepts the bid and enters into a
long-term conservation reserve program contract with the owner or
operator, then the one-year contract shall be considered to be the
first year of that long-term conservation reserve program contract.
(e) Maximum Enrollment.--The maximum number of acres in the
conservation reserve during fiscal year 1998, including land enrolled
by the Secretary under one-year conservation reserve program contracts
under subsection (b), may not exceed 30,000,000 acres.
(f) Application of Conservation Reserve Laws.--Except as
specifically provided in this section, the terms and conditions of
subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.) shall apply with respect
to one-year conservation reserve program contracts authorized by this
section.
(g) Effect of Completion of 15th Enrollment.--If, as of the date of
the enactment of this Act, the Secretary has already acted on the bids
submitted during the enrollment period that ended on March 28, 1997, to
enroll land in the conservation reserve, either by accepting or
rejecting the bids, then the authority provided by this section for
special one-year conservation reserve program contracts shall not take
effect.
SEC. 2. SPECIAL EARLY TERMINATION AUTHORITY FOR CERTAIN CONSERVATION
RESERVE PROGRAM CONTRACTS EXPIRING IN 1997.
(a) Early Termination Authority.--A farm owner or operator
described in subsection (b) who is a party to a conservation reserve
program contract expiring during fiscal year 1997 may terminate the
contract at any time after June 30, 1997. Notwithstanding section
1235(e) of the Food Security Act of 1985 (16 U.S.C. 3835(e)), the
termination shall take effect immediately upon submission of notice of
the termination to the Secretary of Agriculture and shall not result in
a reduction in the amount of the rental payment due under the
conservation reserve program contract for fiscal year 1997.
(b) Eligible Owners and Operators.--A farm owner or operator
referred to in subsection (a) is a farm owner or operator with respect
to whom one of the following circumstances apply:
(1) Neither the owner, operator, nor any other eligible
person submitted, during the enrollment period that ended on
March 28, 1997, an eligible bid to enroll all or part of the
land covered by the expiring conservation reserve program
contract in the conservation reserve established under
subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
(2) An eligible bid was submitted during the enrollment
period to enroll all or part of the land covered by the
expiring contract in the conservation reserve, but the
Secretary of Agriculture rejected the bid and the owner or
operator did not notify the Secretary, in the manner provided
in section 1(b), that the owner or operator desired a one-year
contract under section 1.
(c) Conservation Reserve Program Contract Defined.--In this
section, the term ``conservation reserve program contract'' means a
contract entered into under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) for
enrollment of farm acreage in the conservation reserve established
under such subchapter.
Passed the House of Representatives April 29, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Authorizes a one-year conservation reserve program (CRP) enrollment (to begin October 1, 1997) for land covered by a CRP contract expiring in FY 1997 if: (1) such land is eligible CRP land, had a wheat, oats, or barley crop acreage base, and is located in an area where fall-seeded crops are regularly planted; and (2) the owner submitted an enrollment bid during the March 28, 1997 enrollment period. States that: (1) such one-year enrollment shall be considered part of any subsequent long-term enrollment, but shall not take effect if the March 28, 1997 enrollment has been completed prior to enactment of this Act; and (2) the maximum FY 1998 CRP enrollment shall be 30 million acres. Authorizes specified owners or operators who did not bid for contract extensions to terminate an expiring FY 1997 CRP contract anytime after June 30, 1997, without any rental payment reduction. | {"src": "billsum_train", "title": "To provide for a one-year enrollment in the conservation reserve of land covered by expiring conservation reserve program contracts."} | 1,462 | 199 | 0.714348 | 2.050998 | 0.7747 | 2.284946 | 7.075269 | 0.865591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Letter Judicial
and Congressional Oversight Act''.
SEC. 2. FOREIGN INTELLIGENCE SURVEILLANCE COURT JUDGE OR UNITED STATES
MAGISTRATE JUDGE APPROVAL OF NATIONAL SECURITY LETTERS.
(a) Review of National Security Letter Requests.--
(1) In general.--No national security letter shall issue
unless a Foreign Intelligence Surveillance Court judge or a
designated United States Magistrate Judge finds that--
(A) the information sought is relevant to an
authorized investigation to protect against
international terrorism or clandestine intelligence
activities;
(B) such an investigation of a United States person
is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution of
the United States; and
(C) there are specific and articulable facts giving
reason to believe that the information sought pertains
to a foreign power or an agent of a foreign power (as
those terms are defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)).
(2) Electronic filing.--The court established under section
103(a) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803) shall establish an electronic system for the
submission of documents and other information relating to
proceedings under paragraph (1) and for the issuance of orders
relating to national security letters under paragraph (1).
(b) Sense of Congress Regarding Challenges to Nondisclosure
Requirements of National Security Letters.--It is the sense of Congress
that in the case of a challenge to a nondisclosure requirement of a
national security letter, a certification by the Attorney General or
other appropriate head or deputy head of a department, agency, or
instrumentality of the Federal Government that disclosure of such
national security letter may endanger the national security of the
United States or interfere with diplomatic relations--
(1) should not be considered conclusive evidence that such
disclosure would endanger the national security of the United
States or interfere with diplomatic relations; and
(2) should be considered a rebuttable presumption that such
disclosure would endanger the national security of the United
States or interfere with diplomatic relations.
(c) Minimization Procedures.--The Attorney General shall establish
minimization and destruction procedures to ensure that information
obtained pursuant to a national security letter regarding persons that
are no longer of interest in an authorized investigation is destroyed.
(d) Report.--The Attorney General shall, semiannually, submit to
the Permanent Select Committee on Intelligence and the Committee on the
Judiciary of the House of Representatives and the Select Committee on
Intelligence and the Committee on the Judiciary of the Senate a report
containing--
(1) the total number of national security letters issued
during the preceding six months, in unclassified form;
(2) for each of subparagraphs (A) through (E) of subsection
(f)(3), the total number of national security letters issued
during the preceding six months under the authority of each
such subparagraph;
(3) for each of subparagraphs (A) through (E) of subsection
(f)(3), the total number of national security letters issued
during the preceding six months under the authority of each
such subparagraph for United States persons;
(4) for each of subparagraphs (A) through (E) of subsection
(f)(3), the total number of national security letters issued
during the preceding six months under the authority of each
such subparagraph for non-United States persons;
(5) a description of the minimization procedures adopted by
the Attorney General pursuant to subsection (c), including any
changes to minimization procedures previously adopted by the
Attorney General;
(6) a summary of the challenges made by recipients of
national security letters in court;
(7) a description of the extent to which information
obtained with national security letters has aided
investigations and an explanation of how such information has
aided such investigations; and
(8) a description of the extent to which information
obtained with national security letters has aided prosecutions
and an explanation of how such information has been used in or
aided such prosecutions.
(e) Definitions.--In this section:
(1) Foreign intelligence surveillance court judge.--The
term ``Foreign Intelligence Surveillance Court judge'' means a
judge of the court established by section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(2) Designated united states magistrate judge.--The term
``designated United States Magistrate Judge'' means, for each
district court of the United States, a United States Magistrate
Judge under chapter 43 of title 28, United States Code, who
is--
(A) the Chief United States Magistrate Judge of
such district court; or
(B) if a Chief United States Magistrate Judge has
not been designated in such district court, another
United States Magistrate Judge of such district court
that is publicly designated by the Chief Justice of the
United States to have the power to hear applications
and grant orders for the issuance of national security
letters under subsection (a).
(3) National security letter.--The term ``national security
letter'' means a request for information under--
(A) section 2709(b) of title 18, United States
Code;
(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
(C) subsections (a) or (b) of section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681u(a),
1681u(b));
(D) section 627(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681v(a)); or
(E) section 802(a) of the National Security Act of
1947 (50 U.S.C. 436(a)). | National Security Letter Judicial and Congressional Oversight Act - Prohibits a national security letter from issuing unless a Foreign Intelligence Surveillance Court or a designated U.S. Magistrate Judge finds that: (1) the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities; (2) such an investigation of a U.S. person is not conducted soley upon the basis of activities protected by the first amendment to the Constitution; and (3) there are specific and articulable facts giving reason to believe that the information sought pertains to a foreign power or an agent of a foreign power.
Requires the court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish an electronic system for the submission of documents and other information relating to such proceedings, and for the issuance of orders relating to national security letters.
Expresses the sense of Congress that, in the case of a challenge to a nondisclosure requirement of a national security letter, a certification by the Attorney General or other appropriate head or deputy head of a federal department, agency, or instrumentality that disclosure of such a letter may endanger U.S. national security or interfere with diplomatic relations should not be considered conclusive evidence but only a rebuttable presumption that such disclosure would do so.
Directs the Attorney General to establish minimization and destruction procedures to ensure that information obtained pursuant to a national security letter regarding persons no longer of interest in an authorized investigation is destroyed. | {"src": "billsum_train", "title": "To require the approval of a Foreign Intelligence Surveillance Court judge or designated United States Magistrate Judge for the issuance of a national security letter, to require the Attorney General to submit semiannual reports on national security letters, and for other purposes."} | 1,356 | 344 | 0.813125 | 2.568844 | 0.900457 | 5.78022 | 4.238095 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Claremont Commission Act''.
SEC. 2. PURPOSE.
On June 11, 1995, in Claremont, New Hampshire, the President of the
United States and the Speaker of the House of Representatives made an
historic handshake agreement calling for establishment of an
independent Federal election campaign reform commission. The purpose of
this Act is to effectuate that agreement.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a nonpartisan commission to be known as the
``Claremont Commission'' (referred to in this Act as the
``Commission'').
SEC. 4. GOALS OF THE COMMISSION.
The Commission is established to help effectuate the following
goals of Federal election campaign reform:
(1) Limit the influence of money in Federal election
campaigns.
(2) Increase public confidence in the Federal electoral
process.
(3) Increase voter participation.
(4) Encourage qualified candidates to seek public office.
(5) Create a more equitable electoral system for both
challengers and incumbents.
(6) Remove the negative aspects of financing of Federal
election campaigns.
(7) Safeguard the role of political parties in the Federal
electoral process.
SEC. 5. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall study the law (including
regulations) that affects how election campaigns for Federal office are
conducted and may make recommendations for change.
(b) Matters To Be Considered.--In studying Federal election
campaign practices, the Commission shall consider--
(1) whether too much or too little money is spent on
campaigns for Federal office (both directly by candidates and
by other persons trying to influence the outcome of the
election) and whether the funds that are spent are sufficiently
disclosed;
(2) whether the law governing campaigns for Federal office
encourages or discourages those most qualified to hold office
from seeking it;
(3) whether the existing system of financing campaigns for
Federal office promotes trust and confidence in the political
process among the electorate;
(4) whether the current system for financing campaigns for
Federal office ensures that the electorate has the greatest
possible opportunity to be informed of candidates' positions on
the issues;
(5) whether the law should be amended to prohibit from
making contributions to candidates or political committees--
(A) persons who are not eligible to vote in Federal
elections in the United States; or
(B) United States' subsidiaries of foreign
corporations;
(6) whether the law governing the manner in which unions
and union multicandidate political committees (commonly
referred to as political action committees or PAC's), or
corporations and corporate multicandidate political committees
may raise money for spending on political election campaigns
and other politically-related activities should be amended;
(7) whether amounts given to or spent by a political party
that are not subject to the limitations or reporting
requirements of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) (commonly referred to as ``soft money'')
should be limited or banned;
(8) whether the law should be amended to restrict or limit
the making of independent expenditures, including independent
expenditures made by corporations;
(9) whether the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) should be amended to define ``express
advocacy'' and ``independent expenditure'' to include certain
forms of issue advertising under the limits and requirements of
such Act;
(10) whether discounted broadcast time should be made
available to candidates for Federal office;
(11) whether the law should be amended to increase or
decrease the current limits on contributions by individuals or
multicandidate political committees;
(12) whether the law governing required disclosures in the
financing of campaigns for Federal office should be amended to
ensure more accurate disclosure, including broadening the
required disclosures;
(13) whether--
(A) the Federal Election Commission has adequate
powers to effectively oversee the existing system of
financing campaigns for Federal office; or
(B) the Commission should be given additional
enforcement powers; and
(14) such other matters as the Commission considers
appropriate.
SEC. 6. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 9 members of
the private sector, appointed as follows:
(1) Two shall be appointed by the President.
(2) Two shall be appointed by the majority leader of the
Senate.
(3) Two shall be appointed by the Speaker of the House of
Representatives.
(4) One shall be appointed by the minority leader of the
Senate.
(5) One shall be appointed by the minority leader of the
House of Representatives.
(6) One, who shall act as chairperson, shall be appointed
jointly by the majority leader and minority leader of the
Senate and the Speaker and minority leader of the House of
Representatives.
(b) Expedited Appointments.--The President, majority leader and
minority leader of the Senate, and Speaker and minority leader of the
House of Representatives shall make the appointments under subsection
(a) not later than 10 days after the date of enactment of the Act.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Compensation.--Each member of the Commission shall each be
entitled to receive the daily equivalent of the annual rate of basic
pay in effect for level V of the Executive Schedule under section 5316
of title 5, United States Code, for each day during which the member is
engaged in the actual performance of the duties of the Commission.
(e) Quorum.--Six members of the Commission shall constitute a
quorum, and any decision of the Commission shall require the
affirmative vote of 6 members.
(f) Meetings.--The Commission shall meet at the call of the
chairperson or at the request of 6 members of the Commission.
SEC. 7. STAFF OF COMMISSION; SERVICES.
Subject to such rules as may be adopted by the Commission, the
chairperson, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classifications and General Schedule pay
rates, may appoint such staff personnel as the chairperson considers
necessary and procure temporary and intermittent services to the same
extent as is authorized by section 3109(b) of title 5, United States
Code.
SEC. 8. RECOMMENDATION; FAST TRACK PROCEDURES.
(a) Report.--Not later than 270 days after the date of enactment of
this Act, the Commission shall submit to Congress a report describing
the study conducted under section 5.
(b) Recommendations.--The report under subsection (a) may include
any recommendations for changes in the laws (including regulations)
governing the conduct of Federal campaigns, including any changes in
the rules of the Senate or the House of Representatives, to which 5 or
more members of the Commission agree.
(c) Preparation of Bill.--If 6 or more members concur on a plan to
make changes in Federal election campaign law, and related laws and
regulations, the members agreeing to the plan shall prepare a bill to
implement the plan and the implementing bill shall be submitted with
the report under subsection (a).
(d) Consideration by Congress.--The implementing bill submitted
with the report under subsection (a) shall be given expedited
consideration under the same provisions and in the same way as an
implementing bill for a trade agreement under section 151 of the Trade
Act of 1974 (19 U.S.C. 2191).
SEC. 9. TERMINATION.
The Commission shall cease to exist 30 days after submission of the
report under section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $750,000 to carry out this
Act. | Claremont Commission Act - Establishes the Claremont Commission to study the law (including regulations) that affects how election campaigns for Federal office are conducted and make recommendations for change. Terminates the Commission 30 days after submission of the Commission's report to the Congress. Authorizes appropriations. | {"src": "billsum_train", "title": "Claremont Commission Act"} | 1,704 | 66 | 0.552847 | 1.438014 | 0.691008 | 4.603774 | 30.603774 | 0.90566 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Retirement Savings
Assistance Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. ADDITIONAL SALARY REDUCTION CATCH-UP CONTRIBUTIONS.
(a) Limitation on Exclusion for Elective Deferrals.--
(1) In general.--Subsection (g) of section 402 is amended
by adding at the end the following:
``(10) Catch-up contributions for formerly unemployed and
out of the workforce individuals.--In the case of an individual
who has attained age 35 (and not attained age 50) and who has
not been an active participant in a plan under section 401(a),
403(b) or 457 during the five prior calendar years, the
limitation of paragraph (1) for such year and subsequent years
until attaining the age of 50, after the application of
paragraph (8), shall be increased by $2,000.
``(11) Catch-up contributions for those approaching
retirement.--In the case of an individual who has attained age
50 during any taxable year, the limitation of paragraph (1) for
such year, after the application of paragraph (8), shall be
increased by $10,000.''
(2) Cost-of-living adjustment.--Paragraph (5) of section
402(g) (relating to cost-of-living adjustment) is amended by
inserting ``and the $2,000 amount under paragraph (10) and the
$10,000 amount under paragraph (11)'' after ``paragraph (1)''.
(b) Simple Retirement Accounts.--
(1) In general.--Paragraph (2) of section 408(p) (relating
to qualified salary reduction arrangement) is amended by
redesignating subparagraph (E) as subparagraph (G) and by
inserting after subparagraph (D) the following new
subparagraphs:
``(E) Catch-up contributions for formerly
unemployed and out of the workforce individuals.--In
the case of an individual who has attained age 35 (and
not attained age 50) and who has not been an active
participant in a plan under section 401(a), 403(b) or
457 during the five prior calendar years, the
limitation of subparagraph (A)(ii) for such year and
subsequent years until attaining the age of 50 shall be
increased by $2,000.
``(F) Catch-up contributions for those approaching
retirement.--In the case of an individual who has
attained age 50 during any taxable year the limitation
of subparagraph (A)(ii) for such year shall be
increased by $10,000.''
(2) Cost-of-living adjustment.--Subparagraph (G) of section
408(p)(2) (as so redesignated) is amended by inserting ``and
the $2,000 under subparagraph (E) and the $10,000 under
subparagraph (F)'' after ``subparagraph (A)(ii)''.
(c) Deferred Compensation Plans of State and Local Governments and
Tax-Exempt Organizations.--
(1) In general.--Subsection (b) of section 457 (relating to
definition of eligible deferred compensation plan) is amended
by adding at the end of the following new paragraphs:
``(7) Catch-up contributions for formerly unemployed and
out of the workforce individuals.--In the case of an individual
who has attained age 35 (and not attained age 50) and who has
not been an active participant in a plan under section 401(a),
403(b) or 457 during the five prior calendar years, the
limitation of paragraph (2)(A) for such year and subsequent
years until attaining the age of 50 shall be increased by
$2,000.''
``(8) Catch-up contributions for those approaching
retirement.--In the case of an individual who has attained age
50 during any taxable year, the limitation of paragraph (2)(A)
for such year shall be increased by $10,000.''
(2) Cost-of-living adjustment.--Paragraph (15) of section
457(e) (relating to cost-of-living adjustment) is amended by
inserting ``, and the $2,000 amount specified in subsection
(b)(7) and the $10,000 amount specified in subsection (b)(8),''
after ``(c)(1)''.
(d) Conforming Amendments.--The additional catch-up contribution
amounts made by subsections (a), (b) and (c) shall be deemed to satisfy
IRC sections 401(a)(4), 401(k)(3) and 416, if these sections are
otherwise satisfied.
(e) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 1998.
SEC. 3. INCREASE IN OVERALL AND ``AFTER TAX'' CONTRIBUTION LIMIT.
(a) Increase in Limit.--
(1) Dollar limit.--Subparagraph (A) of section 415(c)(1)
(relating to limitation for defined contribution plans) is
amended by striking ``$30,000'' and inserting ``$40,000''.
(2) Cost-of-living adjustments.--Subsection (d) of section
415 (related to cost-of-living adjustments) is amended--
(A) in paragraph (1)(C) by striking ``$30,000'' and
inserting ``$40,000'', and
(B) in paragraph (3)(D)--
(i) by striking ``$30,000'' in the heading
and inserting ``$40,000,'' and
(ii) by striking ``October 1, 1993'' and
inserting ``December 31, 1998''.
(b) Repeal 25 Percent Limit.--Subparagraph (B) of section 415(c)(1)
of the Internal Revenue Code of 1986 (relating to limitation for
defined contribution plans) is amended to read as follows:
``(B) the participant's compensation.''
(c) Conforming Amendments.--
(1) Section 403(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``the exclusion allowance for such
taxable year'' in paragraph (1) and inserting ``the
applicable limit under section 415'', and
(B) by striking paragraph (2).
(2) Section 404(a)(10)(B) of such Code is amended by
striking ``, the exclusion allowance under section
403(b)(2),''.
(3) Section 415(a)(2) of such Code is amended by striking
``, and the amount of the contribution for such portion shall
reduce the exclusion allowance as provided in section
403(b)(2)''.
(4) Section 415(c)(3) of such Code is amended by adding at
the end of the following new subparagraph:
``(E) Annuity contracts.--In the case of an annuity
contract described in section 403(b), the term
`participant's compensation' shall mean the
participant's includable compensation as determined
under regulations prescribed by the Secretary.''
(5) Section 415(c) of such Code is amended by striking
paragraph (4).
(6) Section 415(c)(7) of such Code is amended to read as
follows:
``(7) Certain contributions by church plans not treated as
exceeding limit.--
``(A) In general.--Notwithstanding any other
provision of this subsection, at the election of a
participant who is an employee of a church, a
convention or association of churches, including an
organization described in section 414(e)(3)(B)(ii),
contributions and other additions for an annuity
contract or retirement income account described in
section 403(b) with respect to such participant, when
expressed as an annual addition to such participant's
account, shall be treated as not exceeding the
limitation of paragraph (1) if such annual addition is
not in excess of $10,000.
``(B) $40,000 aggregate limitation.--The total
amount of additions with respect to any participant
which may be taken into account for purposes of this
subparagraph for all years may not exceed $40,000.
``(C) Annual addition.--For purposes of this
paragraph, the term `annual addition' has the meaning
given such term by paragraph (2).''
(7) Section 415(e)(5) of such Code is amended--
(A) by striking ``(except in the case of a
participant who has elected under subsection (c)(4)(D)
to have the provisions of subsection (c)(4)(C)
apply)'', and
(B) by striking the last sentence.
(8) Section 415(n)(2)(B) of such Code is amended by
striking ``percentage''.
(d) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 1998. | Retirement Savings Assistance Act - Amends the Internal Revenue Code to: (1) permit specified additional pension contributions for an individual who has attained the age of 35 (but not the age of 50), and who was not a plan participant during the previous five years, until such individual attains the age of 50; and (2) increase the dollar and repeal the 25 percent defined contribution plan limits. | {"src": "billsum_train", "title": "Retirement Savings Assistance Act"} | 2,023 | 81 | 0.528493 | 1.182151 | 0.610046 | 2.075949 | 22.506329 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Reserve Program
Improvement and Rural Water Systems Access Act of 2018''.
SEC. 2. IMPROVEMENTS TO CONSERVATION RESERVE PROGRAM.
(a) Extension.--Section 1231(a) of the Food Security Act of 1985
(16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting
``2023''.
(b) Species of Economic Significance.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended--
(1) in subsection (f)--
(A) in the subsection heading, by inserting ``and
Economic'' after ``Conservation'';
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Definition of species of economic significance.--In
this subsection, the term `species of economic significance'
means a wildlife species--
``(A) the conservation reserve program is critical
to maintain the habitat of which, as determined by the
Secretary; and
``(B) that the Governor of a State verifies to the
Secretary as providing more than $150,000,000 for each
year to the economy of the State from hunting the
wildlife species and other related activities (such as
hunting supplies, lodging, and food sales), as
determined by the Secretary.'';
(D) in paragraph (2) (as so redesignated), by
striking ``designate areas'' and inserting the
following: ``designate--
``(A) areas of special economic sensitivity as
economic priority areas; and
``(B) areas'';
(E) in paragraph (3) (as so redesignated), by
striking the paragraph designation and heading and all
that follows through ``subsection'' and inserting the
following:
``(3) Eligible areas.--Areas eligible for designation
under--
``(A) paragraph (2)(A) shall include areas with
actual and significant declining habitat for species of
economic significance; and
``(B) paragraph (2)(B)'';
(F) in paragraph (4) (as so redesignated), by
striking ``contains actual'' and inserting the
following: ``contains, as applicable--
``(A) actual and significant declining habitat for
species of economic significance; or
``(B) actual''; and
(G) in paragraph (5) (as so redesignated), by
striking ``maximize water quality and habitat benefits
in the watersheds described in paragraph (1)'' and
inserting ``maximize, as applicable, significant
declining habitat for species of economic significance
or water quality and habitat benefits in the areas
designated under subparagraph (A) or (B), respectively,
of paragraph (2)''; and
(2) in subsection (i)--
(A) by inserting ``and economic purposes'' after
``conservation purposes''; and
(B) by striking ``habitat.'' and inserting
``habitat, including wildlife habitat for species of
economic significance (as defined in subsection
(f)(1)).''.
(c) Cost-Share for Fencing and Water Distribution.--Section
1233(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(1)) is
amended by striking ``interest;'' and inserting ``interest, including
the cost of fencing and water distribution practices, if applicable;''.
(d) Harvesting and Grazing.--Section 1233 of the Food Security Act
of 1985 (16 U.S.C. 3833) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (1), (2), (5), and (6), respectively;
(C) in paragraph (1) (as so redesignated)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
indenting appropriately;
(ii) in the matter preceding clause (i) (as
so designated), by striking ``in permitting
those activities'' and inserting the following:
``in permitting--
``(A) those activities'';
(iii) in subparagraph (A)(ii) (as so
designated), by adding ``and'' at the end; and
(iv) by adding at the end the following:
``(B) those activities and the activities described
in paragraph (3), not more than \1/3\ of the acres
covered by the contract may be harvested during any
year;'';
(D) in subparagraph (B) of paragraph (2) (as so
redesignated), in the matter preceding clause (i), by
striking ``grazing,'' the first place it appears and
inserting ``grazing outside the normal grazing period
described in paragraph (4),'';
(E) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) mechanical harvesting of vegetative cover, without
any restriction on the use of the vegetative cover harvested
(except harvesting the vegetative cover for seed), subject to
the conditions that--
``(A) the harvesting may not occur more frequently
than once every 3 years; and
``(B) the annual rental rate for the acres
harvested during a year shall be reduced by 25 percent;
``(4) grazing during the applicable normal grazing period
determined under subclause (I) of section 1501(c)(3)(D)(i) of
the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)),
without any restriction on grazing during the primary nesting
period, subject to the conditions that--
``(A) the grazing shall be at 25 percent of the
normal carrying capacity determined under that
subclause; and
``(B) the annual rental rate for the acres
harvested during a year shall be reduced by 25
percent;''; and
(F) in subparagraph (C) of paragraph (6) (as so
redesignated), by striking ``(3)'' and inserting
``(2)''; and
(2) by adding at the end the following:
``(e) Harvesting and Grazing.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall permit harvesting and grazing in accordance
with paragraphs (1) through (4) and (6) of subsection (b) on
any land subject to a contract under the conservation reserve
program.
``(2) Exception.--The Secretary, in coordination with the
applicable State Technical Committee established under section
1265(a), may determine for any year that harvesting or grazing
described in paragraph (1) shall not be permitted on land
subject to a contract under the conservation reserve program in
a particular county if harvesting or grazing for that year
would cause long-term damage to vegetative cover on that
land.''.
SEC. 3. RIGHT-OF-WAY.
Section 504(g) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1764(g)) is amended--
(1) by striking ``(g) The holder'' and inserting the
following:
``(g) Right-of-Way.--
``(1) In general.--The holder'';
(2) in paragraph (1) (as so designated), in the second
sentence, by striking ``The Secretary'' and inserting the
following:
``(2) Payment.--The Secretary'';
(3) in paragraph (2) (as so designated), in the second
sentence, by striking ``The Secretary'' and inserting the
following:
``(3) Waiver of rentals.--The Secretary'';
(4) in paragraph (3) (as so designated), in the second
sentence, by striking ``The Secretary'' and inserting the
following:
``(4) Reimbursement of costs.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary'';
(5) in paragraph (4) (as so designated)--
(A) in subparagraph (A) (as so designated), in the
first sentence--
(i) by striking ``incurred in processing''
and inserting the following: ``incurred--
``(i) in processing'';
(ii) in clause (i) (as so designated), by
striking ``right-of-way and in inspection'' and
inserting the following: ``right-of-way; and
``(ii) in inspection''; and
(iii) in clause (ii) (as so designated), by
striking ``right-of-way: Provided, however,
That the Secretary'' and inserting the
following: ``right-of-way.
``(B) Exception.--In carrying out subparagraph (A),
the Secretary''; and
(B) in subparagraph (B) (as so designated), in the
second sentence, by striking ``Rights-of-way may be
granted'' and inserting the following:
``(C) Use of reimbursed money.--The moneys received
for reimbursement of reasonable costs under
subparagraph (A) shall be deposited with the Treasury
in a special account and are authorized to be
appropriated and made available until expended.
``(5) Holders of rights-of-way.--Rights-of-way may be
granted'';
(6) in paragraph (5) (as so designated)--
(A) in the first sentence, by striking ``to a
Federal'' and inserting the following: ``to--
``(A) a Federal'';
(B) in subparagraph (A) (as so designated), by
striking ``thereof, to nonprofit'' and inserting the
following: ``thereof;
``(B) nonprofit'';
(C) in subparagraph (B) (as so designated), by
striking ``enterprises, or to a holder where he'' and
inserting the following: ``enterprises;
``(C) a holder where the holder'';
(D) in subparagraph (C) (as so designated), by
striking ``concerned, or to a holder'' and inserting
the following: ``concerned; and
``(D) a holder''; and
(E) in subparagraph (D) (as so designated), by
striking ``Such rights-of-way'' and inserting the
following:
``(6) Assignment of rights-of-way.--Rights-of-way'';
(7) in paragraph (6), by striking ``The moneys received''
in the second sentence and all that follows through ``Rights-
of-way shall be granted'' in the third sentence and inserting
the following:
``(7) Rental fees.--
``(A) Electric and telephone facilities.--Rights-
of-way shall be granted''; and
(8) in paragraph (7) (as so designated)--
(A) in subparagraph (A) (as so designated), by
striking ``facilities: Provided, That nothing in this
sentence'' and inserting the following: ``facilities.
``(B) Rural water pipelines.--Rights-of-way shall
be granted, issued, or renewed, without rental fees--
``(i) to a rural water district or
association; and
``(ii) for--
``(I) a rural water pipeline that
crosses National Forest System land;
and
``(II) any appurtenance to a
pipeline described in subclause (I).
``(C) Authority to require reimbursement.--Nothing
in this paragraph''; and
(B) in subparagraph (C) (as so designated), by
striking ``the second sentence of this subsection'' and
inserting ``paragraph (4)''. | Conservation Reserve Program Improvement and Rural Water Systems Access Act of 2018 This bill amends the Food Security Act of 1985 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) Conservation Reserve Program (CRP). (CRP provides payments to farmers who agree to remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality.) The bill authorizes USDA to designate areas of special economic sensitivity as economic priority areas for CRP allocations. These areas include areas with actual and significant declining habitat for specifies of economic significance. A "species of economic significance" is a wildlife specifies: (1) for which CRP is critical to maintaining its habitat, and (2) that the governor of a state verifies provides more than $150 million each year to the economy of the state from hunting and related activities. Additionally, the bill: (1) authorizes cost-share assistance for fencing and water distribution practices, and (2) modifies policies regarding grazing and the mechanical harvesting of vegetative cover on CRP land. The bill also amends the Federal Land Policy and Management Act of 1976 to prohibit the Forest Service from charging rural water districts or associations rental fees for rights-of-way for rural water pipelines that cross National Forest System land. | {"src": "billsum_train", "title": "Conservation Reserve Program Improvement and Rural Water Systems Access Act of 2018"} | 2,774 | 269 | 0.606623 | 1.747111 | 0.809457 | 2.676113 | 10.259109 | 0.740891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Coverage Extension and
Affordability Act of 2001''.
SEC. 2. EXTENSION OF BASIC COBRA CONTINUATION PERIOD FROM 18 MONTHS TO
5 YEARS.
(a) Internal Revenue Code Amendments.--Section 4980B(f)(2) of the
Internal Revenue Code of 1986 is amended--
(1) by amending subclause (I) of subparagraph (B)(i) to
read as follows:
``(I) General rule.--In the case of
a qualifying event not described in
paragraph (3)(F), the date which is 60
months after the date of the qualifying
event.'';
(2) in subparagraph (B)(i)--
(A) by striking subclause (II);
(B) by striking subclauses (IV) and all that
follows;
(C) by redesignating subclause (III) as subclause
(II); and
(D) in subclause (II), as so redesignated, by
inserting before the period at the end the following:
``or, in such case and if later, 60 months after the
date of the qualifying event''; and
(3) by striking the last sentence in subparagraph (C).
(b) ERISA Amendments.--Section 602 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1162) is amended--
(1) by amending clause (i) of paragraph (2)(A) to read as
follows:
``(i) General rule.--In the case of a
qualifying event not described in section
603(6), the date which is 60 months after the
date of the qualifying event.'';
(2) in paragraph (2)(A)--
(A) by striking clause (ii);
(B) by striking clause (iv) and all that follows;
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii), as so redesignated, by striking
``36 months after the date of the death of the covered
employee'' and inserting ``the later of (I) 36 months
after the date of the death of the covered employee, or
(II) 60 months after the date of the qualifying
event''; and
(3) by striking the last sentence in paragraph (3).
(c) PHSA Amendments.--Section 2202 of the Public Health Service Act
429 U.S.C. 300bb-2) is amended--
(1) by amending subparagraph (A) of paragraph (2)(A) to
read as follows:
``(A) Maximum required period.--The date which is
60 months after the date of the qualifying event.'';
and
(2) by striking the last sentence of paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2002, with respect
to individuals whose period of extended coverage has not otherwise
expired as of the first day of the first such plan year.
SEC. 3. FURTHER EXTENSION OF COBRA CONTINUATION COVERAGE FOR
INDIVIDUALS AGE 55 OR OLDER.
(a) Internal Revenue Code Amendments.--Section 4980B(f)(2) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraph (B)(i), by inserting ``.--Subject to
subparagraph (F)(i)--'' after ``period'';
(2) in subparagraph (C)(i), by inserting ``subject to
subparagraph (F)(ii),'' after ``(i)''; and
(3) by adding at the end the following new subparagraph:
``(F) Extension of coverage for individuals age 55
or older.--In the case of an individual who attains the
age of 55 on the date the period of extended coverage
under this section would otherwise end by virtue of the
application of a durational limitation in subparagraph
(B)(i)--
``(i) such durational limitations shall no
longer apply to the individual; and
``(ii) during the period of any extended
coverage solely by reason of the application of
clause (i), in applying subparagraph (C)(i) any
reference in such subparagraph to `102 percent'
is deemed a reference to `125 percent'.''.
(b) ERISA Amendments.--Section 602 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1162) is amended--
(1) in paragraph (2)(A), by inserting ``Subject to
paragraph (6)(A)--'' after ``period.--'';
(2) in paragraph (3)(A), by inserting ``subject to
paragraph (6)(B),'' after ``(A)''; and
(3) by adding at the end the following new paragraph:
``(6) Extension of coverage for individuals age 55 or
older.--In the case of an individual who attains the age of 55
on the date the period of extended coverage under this section
would otherwise end by virtue of the application of a
durational limitation in paragraph (2)(A)--
``(A) such durational limitations shall no longer
apply to the individual; and
``(B) during the period of any extended coverage
solely by reason of the application of subparagraph
(A), in applying paragraph (3)(A) any reference in such
paragraph to `102 percent' is deemed a reference to
`125 percent'.''.
(c) PHSA Amendments.--Section 2202 of the Public Health Service Act
(42 U.S.C. 300bb-2) is amended--
(1) in paragraph (2)(A), by inserting ``Subject to
paragraph (6)(A)--'' after ``period.--'';
(2) in paragraph (3)(A), by inserting ``subject to
paragraph (6)(B),'' after ``(A)''; and
(3) by adding at the end the following new paragraph:
``(6) Extension of coverage for individuals age 55 or
older.--In the case of an individual who attains the age of 55
on the date the period of extended coverage under this section
would otherwise end by virtue of the application of a
durational limitation in paragraph (2)(A)--
``(A) such durational limitations shall no longer
apply to the individual; and
``(B) during the period of any extended coverage
solely by reason of the application of subparagraph
(A), in applying paragraph (3)(A) any reference in such
paragraph to `102 percent' is deemed a reference to
`125 percent'.''.
(d) Effective Date.--The amendments made by this section apply with
respect to plan years beginning on or after January 1, 2002, with
respect to individuals whose period of extended coverage otherwise ends
on or after first day of the first such plan year.
SEC. 4. 50 PERCENT REFUNDABLE TAX CREDIT TOWARDS PREMIUMS FOR COBRA
CONTINUATION COVERAGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. COBRA CONTINUATION COVERAGE PREMIUMS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of the amount paid during
such year as continuation health coverage premiums.
``(b) Continuation Health Coverage Premiums Defined.--For purposes
of this section, the term `continuation health coverage premiums'
means, for any period, premiums paid for continuation coverage (as
defined in section 4980B(f)) under a group health plan for such period
but only if failure to offer such coverage to the taxpayer for such
period would constitute a failure by such health plan to meet the
requirements of section 4980B(f).''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. COBRA continuation coverage
premiums.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001, for premiums
for months beginning with January 2002. | COBRA Coverage Extension and Affordability Act of 2001 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISSA), and the Public Health Service Act to: (1) extend basic COBRA health care continuation coverage to 60 months; and (2) permit a further extension of continuation coverage for persons 55 years or older.Amends the Internal Revenue Code to provide a 50 percent refundable tax credit for COBRA continuation coverage premiums. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend the basic period for health care continuation coverage from 18 months to 5 years, to permit a further extension of continuation coverage for individuals age 55 or older, and to provide for a 50 percent refundable tax credit towards premiums for COBRA continuation coverage."} | 1,965 | 100 | 0.466995 | 1.115999 | 0.28083 | 2.94186 | 19.453488 | 0.895349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Farmington River and Salmon
Brook Wild and Scenic River Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Lower Farmington River and Salmon Brook Study Act
of 2005 (Public Law 109-370) authorized the study of the
Farmington River downstream from the segment designated as a
recreational river by section 3(a)(156) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the
Connecticut River, and the segment of the Salmon Brook
including its main stem and east and west branches for
potential inclusion in the National Wild and Scenic Rivers
System;
(2) the studied segments of the Lower Farmington River and
Salmon Brook support natural, cultural, and recreational
resources of exceptional significance to the citizens of
Connecticut and the Nation;
(3) concurrently with the preparation of the study, the
Lower Farmington River and Salmon Brook Wild and Scenic Study
Committee prepared the Lower Farmington River and Salmon Brook
Management Plan, June 2011, that establishes objectives,
standards, and action programs that will ensure the long-term
protection of the outstanding values of the river segments
without Federal management of affected lands not owned by the
United States;
(4) the Lower Farmington River and Salmon Brook Wild and
Scenic Study Committee has voted in favor of Wild and Scenic
River designation for the river segments, and has included this
recommendation as an integral part of the management plan;
(5) there is strong local support for the protection of the
Lower Farmington River and Salmon Brook, including votes of
support for Wild and Scenic designation from the governing
bodies of all ten communities abutting the study area;
(6) the State of Connecticut General Assembly has endorsed
the designation of the Lower Farmington River and Salmon Brook
as components of the National Wild and Scenic Rivers System
(Public Act 08-37); and
(7) the Rainbow Dam and Reservoir are located entirely
outside of the river segment designated by section 3 of this
Act, and, based on the findings of the study of the Lower
Farmington River pursuant to Public Law 109-370, this
hydroelectric project (including all aspects of its facilities,
operations and transmission lines) is compatible with the
designation made by section 3 of this Act.
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 paragraph:
``(213) Lower farmington river and salmon brook,
connecticut.--Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be
administered by the Secretary of the Interior as follows:
``(A) The approximately 27.2-mile segment of the
Farmington River beginning 0.2 miles below the tailrace
of the Lower Collinsville Dam and extending to the site
of the Spoonville Dam in Bloomfield and East Granby as
a recreational river.
``(B) The approximately 8.1-mile segment of the
Farmington River extending from 0.5 miles below the
Rainbow Dam to the confluence with the Connecticut
River in Windsor as a recreational river.
``(C) The approximately 2.4-mile segment of the
main stem of Salmon Brook extending from the confluence
of the East and West Branches to the confluence with
the Farmington River as a recreational river.
``(D) The approximately 12.6-mile segment of the
West Branch of Salmon Brook extending from its
headwaters in Hartland, Connecticut to its confluence
with the East Branch of Salmon Brook as a recreational
river.
``(E) The approximately 11.4-mile segment of the
East Branch of Salmon Brook extending from the
Massachusetts-Connecticut State line to the confluence
with the West Branch of Salmon Brook as a recreational
river.''.
SEC. 4. MANAGEMENT.
(a) In General.--The river segments designated by section 3 shall
be managed in accordance with the management plan and such amendments
to the management plan as the Secretary determines are consistent with
this Act. The management plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to section
3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(b) Committee.--The Secretary shall coordinate the management
responsibilities of the Secretary under this Act with the Lower
Farmington River and Salmon Brook Wild and Scenic Committee, as
specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segment
designated by section 3 of this Act, the Secretary is
authorized to enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
with--
(A) the State of Connecticut;
(B) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency.--All cooperative agreements provided for
under this Act shall be consistent with the management plan and
may include provisions for financial or other assistance from
the United States.
(d) Land Management.--
(1) Zoning ordinances.--For the purposes of the segments
designated in section 3, the zoning ordinances adopted by the
towns in Avon, Bloomfield, Burlington, East Granby, Farmington,
Granby, Hartland, Simsbury, and Windsor in Connecticut,
including provisions for conservation of floodplains, wetlands
and watercourses associated with the segments, shall be deemed
to satisfy the standards and requirements of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of lands by condemnation shall
apply to the segments designated in section 3 of this Act. The
authority of the Secretary to acquire lands for the purposes of
the segments designated in section 3 of this Act shall be
limited to acquisition by donation or acquisition with the
consent of the owner of the lands, and shall be subject to the
additional criteria set forth in the management plan.
(e) Rainbow Dam.--The designation made by section 3 shall not be
construed to--
(1) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including any and
all aspects of its facilities, operations and transmission
lines) by the Federal Energy Regulatory Commission as a
federally licensed hydroelectric generation project under the
Federal Power Act; or Act, provided that the Commission may,
in the discretion of the Commission and consistent with this
Act, establish such reasonable terms and conditions in a
hydropower license for Rainbow Dam as are necessary to reduce
impacts identified by the Secretary as invading or unreasonably
diminishing the scenic, recreational, and fish and wildlife
values of the segments designated by section 3; or
(2) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower
Farmington River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION.
Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to the
confluence with the Nepaug River''.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) Management plan.--The term ``management plan'' means
the management plan referred to in section 2(3).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Lower Farmington River and Salmon Brook Wild and Scenic River Act (Sec. 3) This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. (Sec. 4) The Department of the Interior shall manage: (1) the river segments according to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011; and (2) coordinate the management responsibilities of Interior under this Act relating to such segments with the Lower Farmington River and Salmon Brook Wild and Scenic Committee. Authorizes Interior to enter into cooperative agreements with: (1) the state of Connecticut; (2) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (3) appropriate local planning and environmental organizations. For purposes of the segments designated by this Act, the zoning ordinances adopted by the towns, including provisions for the conservation of floodplains, wetlands, and watercourses associated with such segments, shall be deemed to satisfy the Act's standards and requirements limiting or prohibiting federal acquisition of lands by condemnation. The authority of Interior to acquire lands for the purposes of such segments shall be limited to acquisition by donation or with the owner's consent and shall be subject to additional management plan criteria. The designation made by this Act shall not be construed to prohibit, pre-empt, or abridge the potential future licensing or re-licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations, and transmission lines) by the Federal Energy Regulatory Commission (FERC) as a federally licensed hydroelectric generation project, provided that FERC may, in its discretion and consistent with this Act, establish any terms and conditions in a hydropower license for the Dam as necessary to reduce impacts that invade or unreasonably diminish the scenic, recreational, and fish and wildlife values of the designated segments. Neither shall the designation affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the Dam and Reservoir. The Lower Farmington River shall not be administered as part of the National Park System or be subject to System regulations. (Sec. 5) The bill also revises the description of a specified designated segment of the Farmington River in Connecticut. | {"src": "billsum_train", "title": "Lower Farmington River and Salmon Brook Wild and Scenic River Act"} | 1,882 | 533 | 0.698014 | 2.539318 | 0.688081 | 4.70282 | 3.642082 | 0.941432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Former Spouses
Equity Act of 1997''.
SEC. 2. TERMINATION OF PAYMENTS UPON REMARRIAGE OF FORMER SPOUSE.
(a) In General.--Section 1408(c) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(5) Payment from the monthly disposable retired pay of a member
to a former spouse of the member pursuant to this section shall
terminate upon the remarriage of that former spouse, except to the
extent that the amount of such payment includes an amount other than an
amount resulting from the treatment by the court under paragraph (1) of
disposable retired pay of the member as property of the member or
property of the member and his spouse. Any such termination shall be
effective as of the last day of the month in which the remarriage
occurs.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to marriages terminated by court orders issued
before, on, or after the date of the enactment of this Act. In the case
of such a court order issued before the date of the enactment of this
Act, such amendment shall apply only with respect to amounts of a
member's retired pay that are payable for months beginning more than
180 days after the date of the enactment of this Act.
SEC. 3. AWARD OF RETIRED PAY TO BE BASED ON RETIREE'S LENGTH OF SERVICE
AND PAY GRADE AT TIME OF DIVORCE.
(a) In General.--Section 1408(c) of title 10, United States Code,
as amended by section 2, is further amended by adding at the end the
following new paragraph:
``(6) In the case of a member as to whom a final decree of divorce,
dissolution, annulment, or legal separation is issued before the date
on which the member begins to receive retired pay, the disposable
retired pay of the member that a court may treat in the manner
described in paragraph (1) shall be computed based on the pay grade,
and the length of service of the member while married, that are
creditable toward entitlement to basic pay and to retired pay as of the
date of the final decree. Amounts so calculated shall be increased by
the cumulative percentage of increases in retired pay between the date
of the final decree and the effective date of the member's
retirement.''.
(b) Implementation.--With respect to payments to a former spouse
from a member's disposable retired pay pursuant to court orders issued
before the date of the enactment of this Act, the Secretary shall--
(1) within 90 days of such date, recompute the amounts of
those payments in accordance with paragraph (5) of section
1408(c) of title 10, United States Code, as added by subsection
(a); and
(2) within 180 days of such date, adjust the amount of
disposable retired pay payable to that former spouse
accordingly.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to court orders issued on or after June 25, 1981.
SEC. 4. LIMITATION ON TIME FOR SEEKING DIVISION OF RETIRED PAY.
(a) In General.--Subsection (c)(4) of section 1408 of title 10,
United States Code, is amended to read as follows:
``(4) A court may not after the date of the enactment of the
Uniformed Services Former Spouses Equity Act of 1997 treat the
disposable retired pay of a member in the manner described in paragraph
(1) unless--
``(A) the court has jurisdiction over the member by reason
of (i) the member's residence, other than because of military
assignment, in the territorial jurisdiction of the court, (ii)
the member's domicile in the territorial jurisdiction of the
court, or (iii) the member's consent to the jurisdiction of the
court; and
``(B) the member's spouse or former spouse obtains a court
order for apportionment of the retired pay of the member not
later than (i) two years after the date of final decree of
divorce, dissolution, annulment, or legal separation, including
a court ordered, ratified, or approved property settlement
incident to such a decree, or (ii) the end of the six-month
period beginning on the date of the enactment of the Uniformed
Services Former Spouses Equity Act of 1997, whichever is
later.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to final decrees of divorce, dissolution, annulment,
or legal separation issued on or after June 25, 1981.
SEC. 5. LIMITATION ON APPORTIONMENT OF DISABILITY PAY WHEN RETIRED PAY
HAS BEEN WAIVED.
(a) In General.--Subsection (e)(4) of section 1408 of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(C) Notwithstanding any other provision of law, a court may not
treat as part of the disposable retired pay of a member under this
section or as part of amounts to be paid pursuant to legal processes
under section 459 of the Social Security Act (42 U.S.C. 659) amounts
which are deducted from the retired pay of such member as a result of a
waiver of retired pay required by law in order to receive compensation
under title 38.''.
(b) Amendments to Social Security Act.--Section 459(h) of the
Social Security Act (42 U.S.C. 659(h)) is amended--
(1) in paragraph (1)(A)(ii)--
(A) by inserting ``or'' at the end of subclause
(III);
(B) by striking out ``or'' at the end of subclause
(IV) and inserting in lieu thereof ``and''; and
(C) by striking out subclause (V); and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) are paid by the Secretary of Veterans Affairs
as compensation for a service-connected disability
under title 38, United States Code, when military
retired pay has been waived in order to receive such
compensation;''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to court orders and legal processes issued on or after June
25, 1981. In the case of a court order or legal process issued before
the date of the enactment of this Act, such amendments shall apply only
with respect to retired pay payable for months beginning on or after
the date of the enactment of this Act. | Uniformed Services Former Spouses Equity Act of 1997 - Requires payment from the monthly disposable retired pay of a member to his or her former spouse in compliance with court orders (division of property) to terminate upon the remarriage of that spouse, effective as of the last day of the month in which the remarriage occurs.
Provides that, in the case of a member to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the member begins to receive retired pay, the disposable retired pay of such member, for purposes of such monthly payments, shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases.
Requires a member's spouse or former spouse to obtain a court order for reapportionment of a member's monthly disposable retired pay by the later of the following dates: (1) two years of the date of the final decree of divorce, dissolution, annulment, or legal separation; or (2) six months after the enactment of this Act.
Prohibits the court from treating as part of a member's disposable retired pay amounts which have been waived from such pay in order to receive veterans' disability compensation. | {"src": "billsum_train", "title": "Uniformed Services Former Spouses Equity Act of 1997"} | 1,554 | 280 | 0.760471 | 2.415686 | 0.902286 | 4.833333 | 5.816667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renters Tax Credit Act of 2014''.
SEC. 2. RENTERS TAX CREDIT.
(a) In General.--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 section:
``SEC. 45S. RENTERS CREDIT.
``(a) In General.--For purposes of section 38, in the case of a
qualified credit recipient, the renters credit for any taxable year is
an amount equal to the sum of the renter's credit amounts allocated to
such qualified credit recipient under this section for months ending
during the taxable year.
``(b) Renter's Credit Amount.--
``(1) In general.--For purposes of this section, the term
`renters credit amount' means the rent reduction amount with
respect to each rental unit which is occupied by a qualified
renter.
``(2) Qualified renter.--For purposes of this section, the
term `qualified renter' means a family unit with income not
greater than the higher of--
``(A) 60 percent of local median income, or
``(B) 150 percent of the Federal poverty line,
in each case as determined by the Secretary of Housing and
Urban Development for a family of the size involved.
``(3) Rent reduction amount.--For purposes of this
section--
``(A) In general.--The term `rent reduction amount'
is the amount by which the fair market rent for the
unit involved exceeds the rent charged to the qualified
renter.
``(B) Limitation.--The rent reduction amount taken
into account under this section shall not exceed the
excess of--
``(i) the rent charged to the qualified
renter (or, if lower, specified modest rent),
over
``(ii) 30 percent of the qualified renter's
income (prorated monthly) as determined by the
renters credit agency of the State.
``(C) Specified modest rent.--The term `specified
modest rent' means--
``(i) the Fair Market Rent determined by
the Secretary of Housing and Urban Development
for the zip code (if the unit is located in a
metropolitan area) or non-metropolitan county,
or
``(ii) such amount as may be determined by
the State with respect to the area in which the
unit is located if such amount is within 25
percent of the amount determined under clause
(i) with respect to such unit.
``(D) Utilities.--The renters credit agency of the
State may determine whether and how to take into
account the cost of utilities in determining the rent
reduction amount.
``(E) Credit adjustment.--The renters credit agency
of the State may elect to increase the rent reduction
amount such that such amount does not exceed 110
percent of such amount as determined without regard to
this subparagraph.
``(c) Qualified Credit Recipient.--For purposes of this section,
the term `qualified credit recipient' means, with respect to any rental
unit occupied by a qualified renter, the owner of such unit but only to
the extent of the renters credit amounts which have been allocated to
such person by the renters credit agency. In lieu of the owner of the
unit, the renters credit agency may treat the lender of any loan to
such owner as the qualified credit recipient if such unit secures such
loan.
``(d) Allocations by Renters Credit Agency to Credit Recipients.--
``(1) In general.--The renters credit agency may make
allocations of renters credit amounts to qualified credit
recipients under this section on the basis of--
``(A) the identity of the qualified renter, such
that the renters credit amount is allowed to the owner
of any rental unit which such qualified renter occupies
(or the lender referred to in subsection (c)) for any
month, or
``(B) one or more rental units, such that the
renters credit amount is allowed to the owner of such
units (or the lender referred to in subsection (c)) for
such months as such units are occupied by a qualified
renter.
``(2) Restrictions on unit based allocations.--A renters
credit agency may make allocations of renters credit as
described in paragraph (1)(B) only if--
``(A) such units are part of a project or building
in which not more than 40 percent of the units receive
allocations under this section (the Secretary may
provide such exceptions to the requirement of this
subparagraph as the Secretary determines appropriate
for small buildings or buildings with respect to which
more than 40 percent of the units were previously
subsidized under other Federal programs), and
``(B) the Secretary has approved a mobility plan
submitted by such renters credit agency which provides
for an adequate method to ensure that qualified renters
have the ability to move from a unit which is eligible
for credit under this section without losing the rent
subsidy provided by this section.
``(e) Allocations of Credit Authority to State Agencies.--
``(1) Renters credit dollar amount for agencies.--
``(A) State limitation.--The aggregate credit
amounts which a renters credit agency may allocate for
any calendar year is the portion of the State renters
credit ceiling allocated under this paragraph for such
calendar year to such agency.
``(B) State ceiling initially allocated to state
housing credit agencies.--Except as provided in
subparagraphs (D) and (E), the State renters credit
ceiling for each calendar year shall be allocated to
the renters credit agency of such State. If there is
more than 1 renters credit agency of a State, all such
agencies shall be treated as a single agency.
``(C) State renters credit ceiling.--The State
renters credit ceiling applicable to any State and any
calendar year shall be an amount equal to the sum of--
``(i) the unused State renters credit
ceiling (if any) of such State for the
preceding calendar year,
``(ii) the greater of--
``(I) $17.50 multiplied by the
State population, or
``(II) $20,000,000,
``(iii) the amount of State renters credit
ceiling returned in the calendar year, plus
``(iv) the amount (if any) allocated under
subparagraph (D) to such State by the
Secretary.
For purposes of clause (i), the unused State renters
credit ceiling for any calendar year is the excess (if
any) of the sum of the amounts described in clauses
(ii) through (iv) over the aggregate renters credit
dollar amount allocated for such year.
``(D) Unused renters credit carryovers allocated
among certain states.--
``(i) In general.--The unused renters
credit carryover of a State for any calendar
year shall be assigned to the Secretary for
allocation among qualified States for the
succeeding calendar year.
``(ii) Unused renters credit carryover.--
For purposes of this subparagraph, the unused
renters credit carryover of a State for any
calendar year is the excess (if any) of--
``(I) the unused State renters
credit ceiling for the year preceding
such year, over
``(II) the aggregate renters credit
dollar amount allocated for such year.
``(iii) Formula for allocation of unused
housing credit carryovers among qualified
states.--The amount allocated under this
subparagraph to a qualified State for any
calendar year shall be the amount determined by
the Secretary to bear the same ratio to the
aggregate unused renters credit carryovers of
all States for the preceding calendar year as
such State's population for the calendar year
bears to the population of all qualified States
for the calendar year. For purposes of the
preceding sentence, population shall be
determined in accordance with section 146(j).
``(iv) Qualified state.--For purposes of
this subparagraph, the term `qualified State'
means, with respect to a calendar year, any
State--
``(I) which allocated its entire
State renters credit ceiling for the
preceding calendar year, and
``(II) for which a request is made
(not later than May 1 of the calendar
year) to receive an allocation under
clause (iii).
``(E) Application of certain rules.--For purposes
of this paragraph, rules similar to the rules of
subparagraphs (E), (F), and (G) of section 42(h)(3)
shall apply.
``(F) Inflation adjustment.--
``(i) In general.--In the case of a
calendar year after 2013, the $20,000,000 and
$17.50 amounts in subparagraph (C) 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 such calendar year by
substituting `calendar year 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--
``(I) In the case of the
$20,000,000 amount, any increase under
clause (i) which is not a multiple of
$50,000 shall be rounded to the next
lowest multiple of $50,000.
``(II) In the case of the $17.50
amount, any increase under clause (i)
which is not a multiple of 50 cents
shall be rounded to the next lowest
multiple of 50 cents.
``(f) Other Definitions.--For purposes of this section--
``(1) Renters credit agency.--The term `renters credit
agency' means, with respect to any State, the housing credit
agency of such State (as defined in section 42(h)(8)(A)) or
such other agency as is authorized to carry out the activities
of the renters credit agency under this section.
``(2) Possessions treated as states.--The term `State'
includes a possession of the United States.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Credit To Be Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renters credit determined under section
45S(a).''.
(2) Credit allowable against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (vi)
the following new clause:
``(vii) the credit determined under section
45S,''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Renters credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to allocations made for calendar years after 2014 and to taxable
years ending after December 31, 2014. | Renters Tax Credit Act of 2014 - Amends the Internal Revenue Code to allow a business-related tax credit for a portion of the rent paid by a qualified renter. Defines "qualified renter" as a family unit with income not greater than the higher of 60% of local median income or 150% of the federal poverty line. Establishes the amount of such credit as the rent reduction amount, which: (1) is the amount by which the fair market rent for a rental unit exceeds the rent charged to the qualified renter; and (2) shall not exceed the excess of the rent charged to the qualified renter (or, if lower, specified modest rent) over 30% of the qualified renter's income (prorated monthly). | {"src": "billsum_train", "title": "Renters Tax Credit Act of 2014"} | 2,581 | 165 | 0.693948 | 1.855637 | 0.678018 | 4.178082 | 16.219178 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Bank Capital Opportunity Act
of 2017''.
SEC. 2. TREATMENT OF MUTUAL CAPITAL CERTIFICATES.
(a) In General.--Section 38 of the Federal Deposit Insurance Act
(12 U.S.C. 1831o) is amended--
(1) in subsection (b)(2)--
(A) by redesignating subparagraphs (F) through (I)
as subparagraphs (H) through (K), respectively; and
(B) by inserting after subparagraph (E) the
following new subparagraphs:
``(F) Mutual capital certificate.--The term `mutual
capital certificate' means a financial instrument
issued by a mutual depository pursuant to subsection
(c)(1)(C) that--
``(i) is subordinate to all claims against
such mutual depository;
``(ii) is unsecured by the assets of such
mutual depository;
``(iii) does not permit preemptive rights;
``(iv) does not provide voting or member
rights to the holder unless the board of
directors of such mutual depository proposes to
change the specific terms of any class of such
certificates in a manner adverse to the
interests of the holder;
``(v) is not eligible for use as collateral
for any loan made by such mutual depository;
``(vi) if declared by the board of
directors of such mutual depository, entitles
the holder to a payment of fixed, variable, or
participating dividends; and
``(vii) is not redeemable until the date
that is 5 years after the date of issuance,
except in the case of merger, conversion, or
consolidation of such mutual depository, or
reorganization of such mutual depository into a
mutual holding company or a Federal mutual bank
holding company (as such term is defined in
section 5133A(a) of the Revised Statutes of the
United States).
``(G) Mutual depository.--The term `mutual
depository' means an insured depository institution
operating in a non-stock form, including a Federal non-
stock depository and any form of non-stock depository
provided for under State law, the deposits of which are
insured by an instrumentality of the Federal
Government.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by inserting ``and
subparagraph (C)'' after ``subparagraph (B)(ii)''; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Mutual capital certificates.--A mutual
depository is authorized to issue mutual capital
certificates that shall qualify as common equity Tier 1
capital (as such term is defined by the appropriate
Federal banking agency) for purposes of any capital
requirements mandated by any Federal law or
regulation.''.
(b) Regulations.--
(1) Implementation.--Not later than 180 days after the date
of the enactment of this section, the appropriate Federal
banking agencies (as defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813)) shall jointly issue
regulations to implement this section.
(2) Other financial instruments.--
(A) In general.--Not later than 90 days after the
date of the enactment of this section, the appropriate
Federal banking agencies shall jointly issue
regulations identifying other financial instruments,
aside from mutual capital certificates, that mutual
depositories may issue that shall qualify as additional
Tier 1 capital (as such term is defined by the
appropriate Federal banking agency) for purposes of any
capital requirements mandated by any Federal law or
regulation.
(B) Definitions.--The terms ``mutual capital
certificate'' and ``mutual depository'' have the
meaning given such terms in section 38(b)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1831o(b)(2)).
(c) Report to Congress.--Not later than 6 months after the date of
the enactment of this section, and every 6 months thereafter until the
date which is 3 years after the date of the enactment of this section,
the appropriate Federal banking agencies shall submit a report to
Congress on the progress of such agencies in promulgating the
regulations described in subsection (b). Such report shall include a
description of outreach efforts to the financial industry and any
barriers to implementation of the requirements of this section. | Mutual Bank Capital Opportunity Act of 2017 This bill amends the Federal Deposit Insurance Act to allow mutual capital certificates issued by a mutual depository (i.e., a federally insured depository institution operating in a non-stock form) to qualify as common-equity Tier 1 capital for purposes of satisfying federal capital requirements. A "mutual capital certificate" is a financial instrument that: (1) is subordinate to all claims against, and unsecured by the assets of, the issuing mutual depository; (2) does not permit preemptive rights; (3) in general, does not provide voting or member rights; (4) is not eligible for use as collateral for any loan made by the issuing mutual depository; (5) entitles the holder to a payment of fixed, variable, or participating dividends (if the depository's board so declares); and (6) is generally not redeemable until five years after issuance. The appropriate federal banking agencies must jointly issue regulations to implement these provisions and to identify other financial instruments issued by mutual depositories that shall qualify as additional Tier 1 capital for purposes of federal capital requirements. The agencies must submit to Congress a series of reports on their progress in promulgating such regulations. | {"src": "billsum_train", "title": "Mutual Bank Capital Opportunity Act of 2017"} | 1,003 | 329 | 0.591801 | 1.882913 | 0.751103 | 3.115741 | 4.064815 | 0.847222 |
That this Act may be
cited as ``The Small Business Prepayment Penalty Relief Act of 1993''.
TITLE II
Sec. 201. Buy-Downs and Interest Rate Reductions.--(a) Upon the
request of the issuer, annually the Administration is authorized to
buy-down the interest rate on any debenture purchased by the Federal
Financing Bank (1) which has been issued by a development company
pursuant to the provisions of section 503 of the Investment Act or (2)
which has been issued by a small business investment company pursuant
to the provisions of section 303 of such Act. The buy-down shall be
limited to the current year only. As used in this section, the term
``buy-down'' means a payment from the Administration to the Federal
Financing Bank in an amount determined by the Administration to reduce
the interest payment for that year to an amount equal to 7.5 per centum
of the outstanding principal amount of the debenture.
(b) Upon the request of the issuer, annually the Administration is
authorized to reduce the interest rate on any debenture issued by a
small business investment company licensed pursuant to the provisions
of section 301(d) of the Investment Act. The reduction shall be limited
to the current year only. The amount of the reduction shall be an
amount determined by the Administration to make the interest payment
for that year equal to 7.5 per centum of the outstanding principal
amount of the debenture, less the amount of any other reductions or
credits otherwise provided by law.
TITLE III
Sec. 301. Prepayments.--(a) Annually, after the regular
Appropriations Act has been signed into law providing funding for the
Administration, the Administration shall calculate the amount needed to
carry out the provisions of section 201 of this Act. If it determines
that it has sufficient funding to fully carry out the buy-downs and
reductions authorized by such section, it shall obtain from the Federal
Financing Bank a computation of the amount of the prepayment penalty
which would be required from the issuer of each such debenture if it
was prepaid as of the end of the current fiscal year. The
Administration shall also compute the amount of the prepayment penalty
on 301(d) debentures as if such debentures had been sold to the Federal
Financing Bank.
(b) After making the above determinations, the Administration shall
promptly notify the issuer of each debenture subject to the provisions
of section 201 of this Act that it will receive offers from any
interested issuer to prepay the debenture in full. The issuer shall
include in any offer amount of the full prepayment penalty, or assumed
prepayment penalty in the case of a debenture from a 301(d) issuer,
less any amount proposed by the issuer to be paid by the Administration
pursuant to the provisions of this title. The notification to the
issuer shall include such information as the Administration determines
to be appropriate, but shall include--
(1) the amount of funds available to carry out this title;
(2) a computation of the total amount of the prepayment
penalties and assumed prepayment penalties if all issuers
prepaid;
(3) the amount of the prepayment penalty or assumed
prepayment penalty for the issuer receiving the notification;
(4) the time period during which the Administration will
accept offers; and
(5) a description of the process under which the
Administration will evaluate, give priority to, and accept
submission of offers pursuant to this title.
(c) Within 30 days after termination of the period for submission
of offers, the Administration shall evaluate each offer and shall
assign each a priority. The priority shall be based upon the per centum
of the prepayment penalty which the issuer offers to pay, with the
highest per centum receiving the highest priority. The Administration
shall approve offers beginning with the one with the highest priority
and continuing until it utilizes all funds available to carry out this
title in the current fiscal year.
Sec. 302. Prepaying Development Company Debentures.--(a) For
purposes of this section, the term ``issuer'' means the issuer of a
debenture which has been purchased by the Federal Financing Bank
pursuant to section 503 of the Investment Act, and the term
``borrower'' means the small business concern whose loan secures a
debenture issued pursuant to such section.
(b) The issuer of a debenture purchased by the Federal Financing
Bank and guaranteed by the Small Business Administration under section
503 of the Investment Act may offer to prepay such debenture pursuant
to section 301 of this Act: Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act, and neither the loan that secures the debenture
nor the debenture is in default on the date the prepayment is
made;
(2) State or personal funds, which may include refinancing
under the programs authorized by sections 504 and 505 of the
Investment Act are used to prepay the debenture; and
(3) the issuer certifies that the benefits, net of fees and
expenses authorized herein, associated with prepayment of the
debenture are entirely passed through to the borrower.
(c) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer or
the borrower, or the Administration or any fund or account administered
by the Administration, except as provided in this Act. If the debenture
is prepaid or refinanced other than through section 504, the issuer may
require the borrower or pay a fee to the issuer in an amount equal to
one-half of one percent of the unpaid principal balance of the
debenture. If a debenture is refinanced with a guarantee pursuant to
section 504, the issuer may require the borrower to pay a fee to the
issuer in an amount equal to one-fourth of one percent of the unpaid
balance of the debenture.
(d) Debentures refinanced under section 504 shall be subject to all
of the other provisions of sections 504 and 505 of the Investment Act
and the rules and regulations of the Administration promulgated
thereunder, including, but not limited to, payment of authorized
expenses and commissions, fees and discounts to brokers and dealers in
trust certificates issued pursuant to section 505: Provided however,
That the issuer shall be deemed to have waived any origination fee on
the new debenture to which it otherwise would have been entitled.
Sec. 303. Prepaying Specialized Small Business Investment Company
Debentures.--(a) Any specialized small business investment company
which is the issuer of a debenture purchased by the Administration
under title III of the Investment Act may offer to prepay the debenture
pursuant to the provisions of section 301 of this Act: Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act and is not in default on the date the prepayment is
made; and
(2) personal funds, which may include refinancing with
proceeds of debentures under title III of the Investment Act,
are used to prepay the debenture, except that if new guaranteed
debenture proceeds are utilized, the length of time of the
interest rate reduction authorized by such title shall be
reduced by the length of time the issuer received an interest
rate reduction on the debenture being prepaid.
(b) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer,
the Administration or any fund or account administered by the
Administration, except as expressly provided herein.
Sec. 304. Prepaying Regular Small Business Investment Company
Debentures.--(a) Any small business investment company which is the
issuer of a debenture guaranteed by the Administration under title III
of the Investment Act and purchased by the Federal Financing Bank may
offer to prepay the debenture pursuant to section 301 of this Act:
Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act and is not in default on the date the prepayment is
made; and
(2) personal funds, which may include refinancing with
proceeds of guaranteed debentures under title III of the
Investment Act, are used to prepay the debenture.
(b) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer,
the Administration or any fund or account administered by the
Administration, except as expressly provided herein.
(c) Debentures refinanced under title III of the Investment Act
shall be subject to all of the other provisions of such Act, including,
but not limited to, payment of authorized expenses and commissions,
fees or discounts to brokers and dealers in trust certificates issued
pursuant to section 321.
TITLE IV
Sec. 401. Miscellaneous Provisions.--(a) The provisions of this Act
are exercisable at the option of the borrower under section 302 of this
Act or at the option of a small business investment company under
sections 303 and 304 of this Act and are in addition to any prepayment
options otherwise authorized by law.
(b) Within sixty days of the date of enactment of this Act, the
Small Business Administration shall issue regulations to implement this
Act.
(c) Any new credit or spending authority provided for in this Act
is subject to amounts provided for in advance in appropriations acts.
Sec. 402. Authorization.--(a) There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act.
(b) In the administration of this Act, the Administration shall not
obligate any funds pursuant to title III of this Act in any fiscal year
unless it has provided the full amount of assistance authorized and
requested pursuant to title II of this Act.
(c) If sufficient funds are not appropriated for any fiscal year to
fully carry out the buy-downs and reductions authorized and requested
pursuant to title II of this Act, the Administration shall buy-down and
reduce the interest rates to the extent that funds are available for
that year, but may not utilize any funds to carry out title III.
Sec. 403. As used in this Act--
(a) the term ``Administration'' means the Small Business
Administration; and
(b) the term ``Investment Act'' means the Small Business
Investment Act of 1958. | Small Business Prepayment Penalty Relief Act of 1993 -
Title II (sic)
- Authorizes the Small Business Administration (SBA), upon the request of the issuer, to annually buy-down the interest rate on any debenture purchased by the Federal Financing Bank which has been issued by a development company or a small business investment company (SBIC) pursuant to appropriate provisions of the Small Business Investment Act of 1958. Allows such buy-down to reduce such interest rate to 7.5 percent annually.
Title III
- Directs the SBA, after the appropriations Act for each year has been enacted, to calculate the amount needed to carry out the buy-downs authorized in title II. Allows the SBA, after such determination, to notify the debenture issuers that it will receive offers from any interested issuer to prepay the debenture in full. Requires a prioritization of such offers based on the amount of prepayment penalty an issuer offers to pay. Prohibits the imposition against the issuer, the borrower, or the SBA of fees or penalties (with exceptions) as a condition of such prepayment.
Allows regular and specialized SBICs which are the issuer of a debenture purchased by the SBA under such Act to offer to prepay the debenture under prior provisions of this Act, subject to specified conditions, and with the same prohibition against the imposition of fees or penalties for such prepayment.
Title IV
- Authorizes appropriations. | {"src": "billsum_train", "title": "Small Business Prepayment Penalty Relief Act of 1993"} | 2,316 | 345 | 0.715215 | 2.459937 | 0.858919 | 3.673993 | 7.589744 | 0.882784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Georgian Fair Business Practices
Sanctions Act of 2017''.
SEC. 2. REPORT ON ACTIONS OF THE GOVERNMENT OF GEORGIA TO UNDERMINE
COMMITMENTS OR CONTRACTUAL AGREEMENTS MADE WITH UNITED
STATES PERSONS ENGAGING IN BUSINESS OPERATIONS IN THE
COUNTRY OF GEORGIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every 180 days
thereafter, the President shall submit to the appropriate congressional
committees a report that--
(1) includes a determination of the President of whether or
not the Government of Georgia is taking actions to undermine
the commitments or contractual agreements made with United
States persons engaging in business operations in the country
of Georgia; and
(2) identifies foreign persons who are current or former
officials of the Government of Georgia who are responsible for
any actions described in paragraph (1).
(b) Information.--The report required under subsection (a) shall
include--
(1) a summary of United States Government and nongovernment
investment in Georgia; and
(2) an assessment of the impact of actions described in
subsection (a)(1) on the future of United States investment in
Georgia.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF
GEORGIA AND RESPONSIBLE OFFICIALS OF THE GOVERNMENT OF
GEORGIA.
(a) In General.--If the President submits to the appropriate
congressional committees a report under section 2 that contains an
affirmative determination of the President as described in subsection
(a)(1) of such section--
(1) the President shall impose the sanctions described in
subsection (b) with respect to the Government of Georgia; and
(2) the President shall impose the sanctions described in
subsection (c) with respect to current or former officials of
the Government of Georgia who are identified in subsection
(a)(2) of such section.
(b) Sanctions With Respect to Government of Georgia Described.--The
sanctions described in this subsection are the following:
(1) No loan, credit guarantee, insurance, financing, or
other similar financial assistance be extended by any agency of
the Government of the United States (including the Export-
Import Bank of the United States or the Overseas Private
Investment Corporation) to the Government of Georgia, except
with respect to the provision of humanitarian goods and
agricultural or medical products.
(2) No funds available to the Trade and Development Agency
should be available for activities of the Agency in or for
Georgia.
(c) Sanctions With Respect to Responsible Officials Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50
U.S.C. 1701) shall not apply) to the extent necessary
to block and prohibit all transactions in all property
and interests in property of an individual who is
subject to subsection (a)(2) if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who is subject to subsection (a)(2) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security shall revoke any visa or other
entry documentation issued to an alien
who is subject to subsection (a)(2),
regardless of when issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the possession of the alien.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under paragraph
(1)(A) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
SEC. 4. TERMINATION OF SANCTIONS.
The sanctions described in section 3 shall cease to have effect
beginning on the day after the date on which the President submits to
the appropriate congressional committees a report under section 2 that
contains a negative determination of the President as described in
subsection (a)(1) of such section.
SEC. 5. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Homeland Security,
the Committee on Financial Services, and the Committee
on Ways and Means of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Entity.--The term ``entity''--
(A) means a partnership, association, corporation,
or other organization, group, or subgroup; and
(B) includes a governmental entity.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means a United States citizen, permanent resident
alien, entity organized under the laws of the United States
(including foreign branches), or a person in the United States. | Georgian Fair Business Practices Sanctions Act of 2017 This bill directs the President to periodically submit to Congress a report: (1) determining whether or not the government of Georgia is undermining commitments or contractual agreements made with U.S. business persons operating in Georgia, and (2) identifying current or former Georgian officials who are responsible for such actions. The report shall include a summary of U.S. government and nongovernment investment in Georgia. If the President determines that Georgia has committed such actions, the President shall impose financial and trade assistance sanctions on the government of Georgia and visa and property blocking sanctions on identified officials. | {"src": "billsum_train", "title": "Georgian Fair Business Practices Sanctions Act of 2017"} | 1,506 | 133 | 0.679749 | 1.79149 | 0.704454 | 2.315789 | 11.570175 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Privacy, Oversight,
and Transparency Act'' or the ``SPOT Act''.
SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT
AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee) is amended by inserting ``and conduct
foreign intelligence activities'' after ``terrorism'' in the following
provisions:
(1) Paragraphs (1) and (2) of subsection (c).
(2) Subparagraphs (A) and (B) of subsection (d)(1).
(3) Subparagraphs (A), (B), and (C) of subsection (d)(2).
SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee), as amended by section 2, is further
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(5) Whistleblower complaints.--
``(A) Submission to board.--An employee of, or
contractor or detailee to, an element of the
intelligence community may submit to the Board a
complaint or information that such employee,
contractor, or detailee believes relates to a privacy
or civil liberties concern.
``(B) Authority of board.--The Board may take such
action as the Board considers appropriate with respect
to investigating a complaint or information submitted
under subparagraph (A) or transmitting such complaint
or information to any other Executive agency or the
congressional intelligence committees.
``(C) Relationship to existing laws.--The authority
under subparagraph (A) of an employee, contractor, or
detailee to submit to the Board a complaint or
information shall be in addition to any other authority
under another provision of law to submit a complaint or
information. Any action taken under any other provision
of law by the recipient of a complaint or information
shall not preclude the Board from taking action
relating to the same complaint or information.
``(D) Relationship to actions taken under other
laws.--Nothing in this paragraph shall prevent--
``(i) any individual from submitting a
complaint or information to any authorized
recipient of the complaint or information; or
``(ii) the recipient of a complaint or
information from taking independent action on
the complaint or information.''; and
(2) by adding at the end the following new subsection:
``(n) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meaning
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA POWER.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(j)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Appointment in absence of chairman.--If the position
of chairman of the Board is vacant, during the period of the
vacancy the Board, at the direction of the majority of the
members of the Board, may exercise the authority of the
chairman under paragraph (1).''.
SEC. 6. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--Section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by
sections 2 and 3, is further amended--
(1) in subsection (h)--
(A) in paragraph (1), by inserting ``full-time''
after ``4 additional''; and
(B) in paragraph (4)(B), by striking ``, except
that'' and all that follows through the end and
inserting a period;
(2) in subsection (i)(1)--
(A) in subparagraph (A), by striking ``level III of
the Executive Schedule under section 5314'' and
inserting ``level II of the Executive Schedule under
section 5313''; and
(B) in subparagraph (B), by striking ``level IV of
the Executive Schedule'' and all that follows through
the end and inserting ``level III of the Executive
Schedule under section 5314 of title 5, United States
Code.''; and
(3) in subsection (j)(1), by striking ``level V of the
Executive Schedule under section 5316'' and inserting ``level
IV of the Executive Schedule under section 5315''.
(b) Effective Date; Applicability.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of enactment of this
Act; and
(B) except as provided in paragraph (2), apply to
any appointment to a position as a member of the
Privacy and Civil Liberties Oversight Board made on or
after the date of the enactment of this Act.
(2) Exceptions.--
(A) Compensation changes.--The amendments made by
paragraphs (2)(A) and (3) of subsection (a) shall take
effect on the first day of the first pay period
beginning after the date of the enactment of this Act.
(B) Election to serve full time by incumbents.--
(i) In general.--An individual serving as a
member of the Privacy and Civil Liberties
Oversight Board on the date of the enactment of
this Act, including a member continuing to
serve as a member under section 1061(h)(4)(B)
of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee(h)(4)(B)), (in this subparagraph
referred to as a ``current member'') may make
an election to--
(I) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a full-time basis and in
accordance with section 1061 of the
Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee), as amended by this Act; or
(II) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a part-time basis in
accordance with such section 1061, as
in effect on the day before the date of
enactment of this Act, including the
limitation on service after the
expiration of the term of the member
under subsection (h)(4)(B) of such
section, as in effect on the day before
the date of the enactment of this Act.
(ii) Election to serve full time.--A
current member making an election under clause
(i)(I) shall begin serving as a member of the
Privacy and Civil Liberties Oversight Board on
a full-time basis on the first day of the first
pay period beginning not less than 60 days
after the date on which the current member
makes the election.
SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
The Attorney General should fully inform the Privacy and Civil
Liberties Oversight Board about any activities carried out by the
Government under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), including by providing to the Board--
(1) copies of each detailed report submitted to a committee
of Congress under such Act; and
(2) copies of each decision, order, and opinion of the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review required to be
included in the report under section 601(a) of such Act (50
U.S.C. 1871(a)). | Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence. Allows intelligence community employees, contractors, or detailees to submit to the Board a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the Board to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees. Authorizes the Board to subpoena persons (other than agencies and elements of the executive branch) to produce documentary or testimonial evidence. (Currently, the Board submits a request for the Attorney General to issue a subpoena.) Permits the Board, at the direction of the majority of its members, to exercise the authority of the Board chairman to appoint and fix compensation of Board staff when the position of chairman is vacant. Provides for members of the Board to serve in a full-time capacity. Removes exceptions to the requirement that members continue to serve after the expiration of their term of office until a successor has been appointed and qualified. Revises the compensation of the Board chairman, members, and staff. Directs the Attorney General to fully inform the Board about government activities under the Foreign Intelligence Surveillance Act of 1978 (FISA), including by providing to the Board copies of: (1) FISA reports submitted to Congress; and (2) FISA court decisions, orders, and opinions that include significant construction or interpretation of FISA. | {"src": "billsum_train", "title": "SPOT Act"} | 2,024 | 372 | 0.583087 | 1.874985 | 0.870825 | 2.533333 | 5.438095 | 0.787302 |
TITLE I--MOTOR VEHICLE INSPECTION AND MAINTENANCE
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that, in carrying out title I of the
Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator'') has failed to--
(1) adequately consider alternative programs to centralized
vehicle emission testing programs, as required by section
182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi));
and
(2) provide adequate credit to States for the alternative
programs.
(b) Purpose.--The purpose of this title is to require the
Administrator to--
(1) reassess the determinations of the Administrator with
respect to the equivalency of centralized and decentralized
programs under section 182(c)(3)(C)(vi) of such Act (42 U.S.C.
7511a(c)(3)(C)(vi)); and
(2) issue new regulations governing the programs that--
(A) result in minimum disruption to the ability of
States to comply with other requirements of such Act
(42 U.S.C. 7401 et seq.); and
(B) provide States a reasonable opportunity to
comply with the new regulations and implement
decentralized testing programs.
SEC. 102. IMPLEMENTATION OF ENHANCED VEHICLE INSPECTION PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, a
State shall not be required to implement an enhanced vehicle inspection
and maintenance program under section 182(c)(3)(42 U.S.C. 7511a(c)(3))
or section 184 (42 U.S.C. 7511c) of the Clean Air Act before the date 2
years after the date of the enactment of this Act.
(b) Reassessment of Regulations.--
(1) In general.--The Administrator shall--
(A) immediately rescind the regulations issued on
November 5, 1992 (57 Fed. Reg. 52950), relating to
operation of the program described in subsection (a) on
a centralized basis; and
(B) during the period beginning on the date of
enactment of this Act and ending 2 years thereafter--
(i) reassess the determinations made by the
Administrator with respect to operation of the
program described in subsection (a) on a
centralized basis, taking into consideration
comments submitted by States; and
(ii) issue new regulations relating to
operation of the program described in
subsection (a) on a centralized basis.
(2) Requirements.--The regulations issued under paragraph
(1)(B)(ii) shall--
(A) in accordance with the intent of section
182(c)(3)(C)(vi) of the Clean Air Act (42 U.S.C.
7511a(c)(3)(C)(vi)) and section 184 of that Act (42
U.S.C. 7511c)--
(i) make reasonably available to States the
option of operation of the program described in
subsection (a) on a decentralized basis; and
(ii) establish criteria that a State must
meet in order to demonstrate that a
decentralized program of the State is equally
effective as a centralized program; and
(B)(i) provide each State a reasonable opportunity
to submit (at the option of the State) a new revision
to a plan under section 182(c)(3) (42 U.S.C.
7511a(c)(3)) or 184 (42 U.S.C. 7511c) of such Act based
on the new regulations, which revision shall replace
any revision to a plan previously submitted by the
State under section 182(c)(3) or 184 of such Act; and
(ii) include a schedule that provides States a
reasonable opportunity to implement any new revisions
to plans that they submit.
(3) Judicial review.--Notwithstanding section 706 of title
5, United States Code, or any other provision of law, if the
regulations issued pursuant to paragraph (1)(B)(ii) are
reviewed by a court, the court shall hold unlawful and set
aside the regulations if the regulations are found to be
unsupported by a preponderance of the evidence.
(c) Prohibition on Imposition of Sanctions.--Until such time as the
Administrator has carried out subsection (b)(1)--
(1) the Administrator may not issue a finding, disapproval,
or determination under section 179(a) of the Clean Air Act (42
U.S.C. 7509(a)), or apply a sanction specified in section
179(b) of such Act, to a State with respect to a failure to
implement a program described in subsection (a), or any portion
of such a program; and
(2) the Administrator and the Administrator of the Federal
Highway Administration of the Department of Transportation may
not take any adverse action, against a State with respect to a
failure described in paragraph (1), under
(A) section 176 of the Clean Air Act (42 U.S.C.
7506);
(B) chapter 53 of title 49, United States Code;
(C) subpart T of part 51, or subpart A of part 93,
of title 40, Code of Federal Regulations (commonly
known as the ``transportation conformity rule''); or
(D) part 6, 51, or 93 of title 40, Code of Federal
Regulations (commonly known as the ``general conformity
rule'').
(d) Full Credit for Decentralized Programs.--Until such time as the
Administrator has carried out subsection (b)(1), for the purpose of the
attainment demonstration and the reasonable further progress
demonstration required under section 182(c)(2) of the Clean Air Act (42
U.S.C. 7511a(c)(2)), the Administrator shall consider the operation of
the program described in subsection (a) on a decentralized basis as
equivalent to the operation of the program on a centralized basis in
any case in which a State demonstrates that a determination of such an
equivalency is reasonable.
(e) Vehicle Inspection and Maintenance in Ozone Transport
Regions.--Section 184(b)(1)(A) of the Clean Air Act (42 U.S.C.
7511c(b)(1)(A)) is amended by striking ``182(c)(2)(A)(pertaining to
enhanced vehicle inspection and maintenance programs)'' and inserting
``182(b)(4)(relating to motor vehicle inspection and maintenance) or,
in the case of an area classified as serious, severe, or extreme,
section 182(c)(3)(A)(relating to enhanced vehicle inspection and
maintenance programs)''.
TITLE II--REDESIGNATION OF ATTAINMENT AREAS
SEC. 201. FINDINGS.
The Congress finds that--
(1) The year 1988 was a climatological anomaly, with data
collection revealing unparalleled, frequent, and high
temperatures.
(2) The frequency and persistence of high temperature days
are the most significant factors in causing ambient ozone air
pollution episodes.
(3) The number of ambient ozone air pollution exceedance
days on a national average (excluding the State of California)
was 607 days in 1988, compared to 104 days in 1993, and 93 days
in 1994.
(4) In a 3-year measurement of ozone which included 1988
data, the Environmental Protection Agency found 98 regions as
ozone nonattainment under the Clean Air Act.
(5) In a 3-year average of ozone measurement excluding 1988
data, the Environmental Protection Agency found 41 of the 98
previously designated nonattainment regions registering ozone
attainment under the Clean Air Act for the consecutive years
1991, 1992, 1993.
SEC. 202. REDESIGNATION AS ATTAINMENT.
Section 107(d)(3)(B) of the Clean Air Act (42 U.S.C. 7407(d)(3)(B))
is amended by inserting ``(i)'' after ``(B)'', and adding the following
new clause (ii) at the end thereof:
``(ii) Notwithstanding any other provision of this
paragraph, if the Governor submits a redesignation of an
appropriate area, or portion thereof, from nonattainment to
attainment, and such designation is based upon the attainment
of the relevant National Ambient Air Quality Standard for 3
consecutive years, such redesignation shall become effective
immediately upon receipt by the Administrator.''. | TABLE OF CONTENTS:
Title I: Motor Vehicle Inspection and Maintenance
Title II: Redesignation of Attainment Areas
Title I: Motor Vehicle Inspection and Maintenance
- Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date.
Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State.
Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration.
Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable.
Title II: Redesignation of Attainment Areas
- Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator. | {"src": "billsum_train", "title": "To delay for two years the required implementation date for enhanced vehicle inspection and maintenance programs under the Clean Air Act, to require the Administrator of the Environmental Protection Agency to reissue regulations relating to such programs, to provide for the redesignation of certain areas, and for other purposes."} | 1,950 | 335 | 0.613958 | 1.977724 | 0.77185 | 3.13806 | 5.779851 | 0.906716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Medal for Outstanding
Contributions in Math and Science Education Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the meaning
given those terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 3. ESTABLISHMENT OF PROGRAM.
The Director shall establish a Congressional Medal for Outstanding
Contributions in Math and Science Education program, which shall be
designed to--
(1) recognize private entities for outstanding efforts
supporting elementary and secondary schools in improving
student achievement in science, technology, engineering, and
mathematics;
(2) encourage private entities to support elementary and
secondary schools to improve and underscore the importance of
science, technology, engineering, and mathematics education;
and
(3) make information about medal recipients available to
schools, institutions of higher education, educators, parents,
administrators, policymakers, researchers, public and private
entities, and the general public.
SEC. 4. MEDALS.
(a) Finalists.--Beginning not later than 2 years after the date of
enactment of this Act, the Director shall annually name as finalists
for medals under this Act--
(1) not more than 20 private entities with more than 500
employees; and
(2) not more than 20 private entities with 500 or fewer
employees.
Each finalist shall receive a citation describing the basis for the
entity achieving status as a finalist.
(b) Medal Winners.--Beginning not later than 2 years after the date
of enactment of this Act, from among finalists named under subsection
(a), the Director shall annually award medals under this Act to--
(1) not more than 5 private entities with more than 500
employees; and
(2) not more than 5 private entities with 500 or fewer
employees.
(c) Distribution of Information.--(1) The Director shall distribute
information about the Congressional Medal for Outstanding Contributions
in Math and Science Education recipients in a timely and efficient
manner (including through the use of a searchable online database) to
schools, institutions of higher education, educators, parents,
administrators, policymakers, researchers, public and private entities,
and the general public.
(2) Any entity that is a finalist or receives a medal under this
section may use such information for advertising and other publicity
purposes.
SEC. 5. ELIGIBILITY.
Eligibility to receive medals under section 4 of this Act shall be
limited to private entities that--
(1) have, whether working alone or in partnership with for-
profit or nonprofit entities, assisted students, teachers,
administrators, or other support staff to improve student
achievement in science, technology, engineering, and
mathematics in a school or community; and
(2) have been involved in such activities in a sustained
manner for at least 2 years with at least one elementary or
secondary school.
SEC. 6. APPLICATION.
The Director shall establish a system for accepting applications
from entities seeking to be considered for a medal under this Act.
Applications shall include at least two letters of support, which may
come from teachers, professional support staff, administrators,
professional or business organizations, local, county, or State
Departments of Education, or any other category of persons as
designated by the Director. Letters of support shall describe the
reasons the entity deserves the medal.
SEC. 7. SELECTION.
In selecting entities to receive medals under this Act, the
Director shall give priority consideration to evidence of improved
achievement in science, technology, engineering, or mathematics by
students, including improved achievement by individuals identified in
section 33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b). In addition to any other criteria the
Director may establish, the Director shall also consider the following:
(1) Evidence of innovative approaches to increase interest
in science, technology, engineering, and mathematics by
students, including individuals identified in section 33 or 34
of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b). One measure of such evidence may be an
increase in the number of students enrolled in advanced courses
related to such fields.
(2) Evidence of employee interaction with students or
teachers to support and improve science, technology,
engineering, and mathematics learning.
(3) Evidence of success in positively influencing student
attitudes and promoting education and career opportunities in
science, technology, engineering, and mathematics.
(4) Evidence of successful outreach to students, parents,
and the community regarding the importance of science,
technology, engineering, and mathematics education to the
Nation's prosperity, job creation, and standard of living, as
well as future earning potential for the individual.
(5) Evidence of a strong and sustained commitment to the
students and schools.
SEC. 8. BIENNIAL REPORT.
Section 37(a) of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982,
and biennially thereafter'' and inserting ``By January 30 of each odd-
numbered year''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2005 through 2007, there are authorized to
be appropriated to the National Science Foundation such sums as may be
necessary for carrying out this Act, to be derived from amounts
authorized by the National Science Foundation Authorization Act of
2002.
Passed the House of Representatives April 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Congressional Medal for Outstanding Contributions in Math and Science Education Act of 2004 - (Sec. 3) Requires the Director of the National Science Foundation (NSF) to establish a Congressional Medal for Outstanding Contributions in Math and Science Education program.
(Sec. 4) Requires the Director to annually name as finalists for medals up to: (1) 20 private entities with more than 500 employees; and (2) 20 private entities with 500 or fewer employees.
Requires the Director to annually award medals from among such finalists up to: (1) five private entities with more than 500 employees; and (2) five private entities with 500 or fewer employees.
Requires the Director to distribute information about the Medal recipients in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policy-makers, researchers, public and private entities, and the general public. Allows any entity that is a finalist or receives a medal under this section to use such information for advertising and other publicity purposes.
(Sec. 5) Limits eligibility for such a medal to private entities that have: (1) whether alone or in partnership with for-profit or nonprofit entities, assisted students, teachers, administrators, or other support staff to improve student achievement in science, technology, engineering, and mathematics in a school or community; and (2) been involved in such activities in a sustained manner for at least two years with at least one elementary or secondary school.
(Sec. 6) Requires the Director to establish a system for accepting applications from entities seeking to be considered for a medal under this Act. Directs that applications include at least two letters of support, which: (1) may come from teachers, professional support staff, administrators, professional or business organizations, local, county, or State Departments of Education, or any other category of persons as designated by the Director; and (2) shall describe the reasons the entity deserves the medal.
(Sec. 7) Requires the Director, in selecting entities to receive medals under this Act, to give priority consideration to evidence of improved achievement in science, technology, engineering, or mathematics by students, including improved achievement by women, minorities, and persons with disabilities.
Directs the Director to also consider evidence of: (1) innovative approaches to increase interest in science, technology, engineering, and mathematics by students, including women, minorities, and persons with disabilities, one measure of which may be an increase in the number of students enrolled in advanced courses related to such fields; (2) employee interaction with students or teachers to support and improve science, technology, engineering, and mathematics learning; (3) success in positively influencing student attitudes and promoting education and career opportunities in science, technology, engineering, and mathematics; (4) successful outreach to students, parents, and the community regarding the importance of science, technology, engineering, and mathematics education to the Nation's prosperity, job creation, and standard of living, as well as future earning potential for the individual; and (5) strong and sustained commitment to the students and schools.
(Sec. 8) Amends the Science and Engineering Equal Opportunities Act to change the deadline for submission to Congress of the NSF report on women and minorities in science and engineering from even-numbered to odd-numbered years.
(Sec. 9) Authorizes appropriations to NSF. | {"src": "billsum_train", "title": "To establish the Congressional Medal for Outstanding Contributions in Math and Science Education program to recognize private entities for their outstanding contributions to elementary and secondary science, technology, engineering, and mathematics education."} | 1,223 | 729 | 0.768879 | 2.537442 | 0.836745 | 5.900293 | 1.737537 | 0.938416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Community Audit Act of
2006''.
SEC. 2. COMPTROLLER GENERAL AUDITS AND EVALUATIONS OF ACTIVITIES OF
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) Reaffirmation of Authority; Audits of Intelligence Community
Activities.--Chapter 35 of title 31, United States Code, is amended by
inserting after section 3523 the following:
``Sec. 3523a. Audits of intelligence community; audit requesters
``(a) In this section, the term `element of the intelligence
community' means an element of the intelligence community specified in
or designated under section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
``(b) Congress finds that--
``(1) the authority of the Comptroller General to perform
audits and evaluations of financial transactions, programs, and
activities of elements of the intelligence community under
sections 712, 717, 3523, and 3524, and to obtain access to
records for purposes of such audits and evaluations under
section 716, is reaffirmed; and
``(2) such audits and evaluations may be requested by any
committee of jurisdiction (including the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate), and
may include but are not limited to matters relating to the
management and administration of elements of the intelligence
community in areas such as strategic planning, financial
management, information technology, human capital, knowledge
management, information sharing (including information sharing
by and with the Department of Homeland Security), and change
management.
``(c)(1) The Comptroller General may conduct an audit or evaluation
of intelligence sources and methods or covert actions only upon request
of the Select Committee on Intelligence of the Senate or the Permanent
Select Committee on Intelligence of the House of Representatives, or
the majority or the minority leader of the Senate or the House of
Representatives.
``(2)(A) Whenever the Comptroller General conducts an audit or
evaluation under paragraph (1), the Comptroller General shall provide
the results of such audit or evaluation only to the original requestor,
the Director of National Intelligence, and the head of the relevant
element of the intelligence community.
``(B) The Comptroller General may only provide information obtained
in the course of an audit or evaluation under paragraph (1) to the
original requestor, the Director of National Intelligence, and the head
of the relevant element of the intelligence community.
``(3)(A) Notwithstanding any other provision of law, the
Comptroller General may inspect records of any element of the
intelligence community relating to intelligence sources and methods, or
covert actions in order to conduct audits and evaluations under
paragraph (1).
``(B) If in the conduct of an audit or evaluation under paragraph
(1), an agency record is not made available to the Comptroller General
in accordance with section 716, the Comptroller General shall consult
with the original requestor before filing a report under subsection
(b)(1) of that section.
``(4)(A) The Comptroller General shall maintain the same level of
confidentiality for a record made available for conducting an audit
under paragraph (1) as is required of the head of the element of the
intelligence community from which it is obtained. Officers and
employees of the Government Accountability Office are subject to the
same statutory penalties for unauthorized disclosure or use as officers
or employees of the intelligence community element that provided the
Comptroller General or officers and employees of the Government
Accountability Office with access to such records.
``(B) All workpapers of the Comptroller General and all records and
property of any element of the intelligence community that the
Comptroller General uses during an audit or evaluation under paragraph
(1) shall remain in facilities provided by that element of the
intelligence community. Elements of the intelligence community shall
give the Comptroller General suitable and secure offices and furniture,
telephones, and access to copying facilities, for purposes of audits
and evaluations under paragraph (1).
``(C) After consultation with the Select Committee on Intelligence
of the Senate and with the Permanent Select Committee on Intelligence
of the House of Representatives, the Comptroller General shall
establish procedures to protect from unauthorized disclosure all
classified and other sensitive information furnished to the Comptroller
General or any representative of the Comptroller General for conducting
an audit or evaluation under paragraph (1).
``(D) Before initiating an audit or evaluation under paragraph (1),
the Comptroller General shall provide the Director of National
Intelligence and the head of the relevant element with the name of each
officer and employee of the Government Accountability Office who has
obtained appropriate security clearance and to whom, upon proper
identification, records, and information of the element of the
intelligence community shall be made available in conducting the audit
or evaluation.
``(d) Elements of the intelligence community shall cooperate fully
with the Comptroller General and provide timely responses to
Comptroller General requests for documentation and information.
``(e) Nothing in this section or any other provision of law shall
be construed as restricting or limiting the authority of the
Comptroller General to audit and evaluate, or obtain access to the
records of, elements of the intelligence community absent specific
statutory language restricting or limiting such audits, evaluations, or
access to records.''.
(b) Clerical Amendment.--The table of sections for chapter 35 of
title 31, United States Code, is amended by inserting after the item
relating to section 3523 the following:
``3523a. Audits of intelligence community; audits and requesters.''. | Intelligence Community Audit Act of 2006 - Reaffirms the authority of the Comptroller General to audit and evaluate financial transactions, programs, and activities of elements of the intelligence community (those elements identified in the National Security Act of 1947) and obtain access to records for such purposes.
Allows the Comptroller General to conduct an audit or evaluation of intelligence sources and methods or covert actions only upon a request of a congressional intelligence committee or the majority or minority leader of the Senate or the House of Representatives. Requires the Comptroller General to disclose the results of any such audit or evaluation only to the original requestor, the Director of National Intelligence, and the head of the relevant element of the intelligence community.
Requires the Comptroller General to establish safeguards to protect the unauthorized disclosure of all classified and other sensitive information furnished to the Comptroller General in conducting an audit or evaluation.
Requires elements of the intelligence community to cooperate with the Comptroller General in providing documentation and information necessary for audits and evaluations. | {"src": "billsum_train", "title": "To reaffirm the authority of the Comptroller General to audit and evaluate the programs, activities, and financial transactions of the intelligence community, and for other purposes."} | 1,258 | 233 | 0.70195 | 1.999881 | 1.166667 | 5.111111 | 6.148148 | 0.931217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Veterans' Resiliency Act''.
SEC. 2. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN
PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to repay a loan of an individual described in
subsection (b) that--
(1) was used by the individual to finance education
regarding psychiatric medicine, including education leading to
an undergraduate degree and education leading to the degree of
doctor of medicine or of doctor of osteopathy; and
(2) was obtained from a governmental entity, private
financial institution, school, or other authorized entity, as
determined by the Secretary.
(b) Eligible Individuals.--To be eligible to obtain a loan
repayment under this section, an individual shall--
(1) either--
(A) be licensed or eligible for licensure to
practice psychiatric medicine in the Veterans Health
Administration of the Department of Veterans Affairs;
or
(B) be enrolled in the final year of a residency
program leading to a specialty qualification in
psychiatric medicine that is approved by the
Accreditation Council for Graduate Medical Education;
and
(2) as determined appropriate by the Secretary, demonstrate
a commitment to a long-term career as a psychiatrist in the
Veterans Health Administration, including by requiring a set
number of years of obligated service.
(c) Selection.--The Secretary shall select not less than 10
individuals described in subsection (b) to participate in the pilot
program for each year in which the Secretary carries out the pilot
program.
(d) Loan Repayments.--
(1) Amounts.--Subject to the limits established by
paragraph (2), a loan repayment under this section may consist
of payment of the principal, interest, and related expenses of
a loan obtained by an individual described in subsection (b)
for all educational expenses (including tuition, fees, books,
and laboratory expenses) relating to a degree described in
subsection (a)(1).
(2) Limit.--For each year of obligated service that an
individual agrees to serve in an agreement described in
subsection (b)(2), the Secretary may pay not more than $60,000
on behalf of the individual.
(e) Breach.--
(1) Liability.--An individual who participates in the pilot
program under subsection (a) who fails to satisfy the
commitment described in subsection (b)(2) shall be liable to
the United States, in lieu of any service obligation arising
from such participation, for the amount which has been paid or
is payable to or on behalf of the individual under the program,
reduced by the proportion that the number of days served for
completion of the service obligation bears to the total number
of days in the period of obligated service of the individual.
(2) Repayment period.--Any amount of damages which the
United States is entitled to recover under this subsection
shall be paid to the United States within the one-year period
beginning on the date of the breach of the agreement.
(f) Prohibition on Simultaneous Eligibility.--An individual who is
participating in any other program of the Federal Government that
repays the educational loans of the individual may not participate in
the pilot program under subsection (a).
(g) Report.--Not later than 90 days after the date on which the
pilot program terminates under subsection (g), the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the pilot program. The
report shall include the overall effect of the pilot program on the
psychiatric workforce shortage of the Veterans Health Administration,
the long-term stability of such workforce, and overall workforce
strategies of the Veterans Health Administration that seek to promote
the physical and mental resiliency of all veterans.
(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including standards for qualified loans and
authorized payees and other terms and conditions for the making of loan
repayments.
(i) Termination.--The authority to carry out the pilot program
shall expire on the date that is three years after the date on which
the Secretary commences the pilot program.
SEC. 3. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS
OF VETERANS HEALTH ADMINISTRATION.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study of pay disparities among psychiatrists of the Veterans Health
Administration of the Department of Veterans Affairs. The study shall
include--
(1) an examination of laws, regulations, practices, and
policies, including salary flexibilities, that contribute to
such disparities; and
(2) recommendations with respect to legislative or
regulatory actions to improve equity in pay among such
psychiatrists.
(b) Report.--Not later than one year after the date on which the
Comptroller General completes the study under subsection (a), the
Comptroller General shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report containing the
results of the study. | Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs to carry out a three-year pilot program to repay loans used to finance education regarding psychiatric medicine that are obtained from a governmental entity, private financial institution, school, or other authorized entity. Requires an individual, to be eligible to obtain such a loan repayment, to: (1) be either licensed (or eligible for licensure) to practice psychiatric medicine in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA) or enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (2) demonstrate a commitment to a long-term career as a psychiatrist in the VHA, including through a period of obligated service. Directs the Secretary to select at least 10 individuals to participate in each year of the program. Allows a loan repayment to consist of payment of the principal, interest, and related expenses of such a loan. Prohibits the Secretary from paying more than $60,000 on behalf of the individual for each year of obligated service the individual agrees to serve. Makes an individual who participates in the pilot program who fails to satisfy the service commitment liable for prorated loan repayment. Prohibits an individual who is participating in any other federal program that repays his or her educational loans from participating in the program under this Act. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists. | {"src": "billsum_train", "title": "Ensuring Veterans' Resiliency Act"} | 1,159 | 354 | 0.741855 | 2.491299 | 0.849579 | 4.194539 | 3.525597 | 0.911263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Next Door Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) urban and inner city school districts have greater
difficulty attracting and retaining qualified teachers than
their suburban counterparts; and
(2) the cost of property is higher in urban areas and inner
cities that in suburban areas.
SEC. 3. TEACHER NEXT DOOR PROGRAM.
Section 204 of the National Housing Act (12 U.S.C. 1710) is amended
by inserting after subsection (j) the following new subsection:
``(k) Disposition of Assets Under Teacher Next Door Program.--
``(1) In general.--The Secretary may sell eligible
properties (as such term is defined in paragraph (9)) at a
discount to teachers, as provided under this subsection. In the
case of eligible properties under paragraph (9)(B)(i), the
provisions of subsection (h) shall apply to such properties,
except to the extent specifically provided otherwise in this
subsection.
``(2) Primary residence.--An eligible property may be sold
pursuant to a discount under paragraph (3) only if the property
is used, for not less than the 3-year period beginning upon
such sale, as the primary residence of a teacher. The Secretary
shall ensure compliance with this paragraph through inclusion
of appropriate deed restrictions.
``(3) Discount.--If an eligible property is sold to a
teacher for use in accordance with paragraph (2), the sale
price shall be equal to 50 percent of the appraised value of
the eligible property (as determined in accordance with the
procedure under subsection (h)(6)(B)). In the case of an
eligible property under paragraph (9)(B)(i) that is eligible
for both a discount under this paragraph and a discount under
subsection (h)(6), the discount under subsection (h)(6) shall
not apply.
``(4) Sale methods.--The Secretary may sell an eligible
property pursuant to a discount under this subsection--
``(A) to a unit of general local government or
nonprofit organization, for resale or transfer to a
teacher; or
``(B) directly (or through a real estate broker) to
a purchaser who is a teacher.
``(5) Resale.--In the case of any purchase by a unit of
general local government or nonprofit organization of an
eligible property sold at a discounted price under this
subsection, the sale agreement shall--
``(A) require the purchasing unit of general local
government or nonprofit organization to provide the
full benefit of the discount to the teacher obtaining
the property; and
``(B) in the case of a purchase involving multiple
properties, any of which is such an eligible property,
designate the specific eligible property or properties
to be subject to the requirements of paragraph (2).
``(6) Mortgage downpayment assistance.--If a teacher
purchases an eligible property pursuant to a discounted sale
price under this paragraph and finances such purchase through a
mortgage insured under this title, notwithstanding any
provision of section 203 the downpayment on such mortgage shall
be $100.
``(7) Prevention of undue profit.--The Secretary shall
issue regulations to prevent undue profit from the resale of
eligible properties in violation of the requirement under
paragraph (2).
``(8) Awareness program.--The Secretary shall provide for
field offices of the Department to take appropriate actions
necessary to inform elementary schools and secondary schools
within the jurisdiction of the field office and the public of
the program under this subsection and of the properties located
within the jurisdiction of the field office that are available
for purchase by teachers under this subsection.
``(9) Definitions.--For the purposes of this paragraph, the
following definitions shall apply:
``(A) The terms `elementary school' and `secondary
school' have the meaning given such terms in section
14101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801).
``(B) The term `eligible property' means--
``(i) an eligible asset described in
subsection (h)(2)(A); or
``(ii) a property that is--
``(I) designed as a dwelling for
occupancy for 1 to 4 families;
``(II) was previously subject to a
mortgage insured under the provisions
of this Act;
``(III) is owned by the Secretary
pursuant to the payment of insurance
benefits under this Act; and
``(IV) is located in an area that
is not a revitalization area designated
under subsection (h)(3), but is an area
that the Secretary determines is
appropriate for participation in the
program under this subsection because
of a need for economic development, the
incidence in transactions involving
properties in such area of seller
concessions (such as take-back
financing), a high rate of property
ownership by investor-owners, or such
other factors as the Secretary
considers appropriate.
``(C) The term `teacher' means an individual who is
employed on a full-time basis as a teacher in an
elementary or secondary school.
``(10) Effective date.--This subsection shall apply
beginning on January 1, 2001.''.
SEC. 4. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall issue regulations to implement section 204(k) of
the National Housing Act (12 U.S.C. 1710(k)), as added by the amendment
made by section 3 of this Act. | Teacher Next Door Act - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to sell Department of Housing and Urban Development-owned single family properties at a discount to eligible elementary and secondary school teachers for use as their residences. Provides for: (1) mortgage downpayment assistance; (2) direct and indirect sales; and (3) an information outreach program. | {"src": "billsum_train", "title": "Teacher Next Door Act"} | 1,215 | 77 | 0.514083 | 1.246532 | 0.932952 | 1.644737 | 15.157895 | 0.828947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert Stodola Homeless Veterans
Assistance Act''.
SEC. 2. DEFINITION.
(a) In General.--Subtitle A of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding
at the end the following new section:
``SEC. 402. DEFINITION OF VETERAN.
``For purposes of this title, the term `veteran' has the meaning
given such term in section 101 of title 38, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 101(b) of
the Stewart B. McKinney Homeless Assistance Act is amended by inserting
after the item relating to section 401 the following new item:
``Sec. 402. Definition of veteran.''.
SEC. 3. EMERGENCY SHELTER GRANTS PROGRAM.
Section 413 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11373) is amended by adding at the end the following new
subsection:
``(f) Veterans' Share.--
``(1) In general.--Each metropolitan city, urban county,
State, and Indian tribe for which assistance under this
subtitle is provided shall ensure that not less than 20 percent
of the total amount received by the city, county, State, or
tribe in each fiscal year shall be used for eligible activities
benefiting homeless persons who are veterans.
``(2) Exception.--Upon the request of a metropolitan city,
urban county, State, or Indian tribe, the Secretary may, with
respect to a fiscal year, waive the requirement under paragraph
(1) or reduce the percentage under such paragraph for the city,
county, State, or tribe if the city, county, State, or tribe
demonstrates to the Secretary that, but for such waiver or
reduction, amounts of assistance under this subtitle for the
city, county, State, or tribe will remain unused for an
unreasonable period of time.''.
SEC. 4. SUPPORTIVE HOUSING PROGRAM.
(a) Selection Criteria.--Section 426(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11386(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary considers necessary to
ensure compliance with the requirements under section
429(b)(4); and''.
(b) Veterans' Share.--Section 429(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11389(b)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) not less than 20 percent shall be allocated for use
only for projects and supportive services benefiting homeless
persons who are veterans; except that the Secretary may, with
respect to a fiscal year, waive the requirement under this
paragraph or reduce the percentage if the Secretary determines
(based on approvable applications submitted for assistance
under this subtitle) that, but for such waiver or reduction,
amounts appropriated for such fiscal year to carry out this
subtitle will remain unused for an unreasonable period of
time.''.
SEC. 5. SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM.
(a) Selection Criteria.--Section 434(c) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11394(c)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary considers necessary to
ensure compliance with the requirements under subsection (e);
and''.
(b) Veterans' Share.--Section 434 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(e) Veterans' Share.--
``(1) In general.--In making grants to applicants under
this subtitle, the Secretary shall ensure that not less than 20
percent of the amount made available for each fiscal year to
carry out this subtitle is used for eligible activities
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this subtitle will remain unused for an unreasonable period
of time.''.
SEC. 6. SECTION 8 PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS.
(a) Selection Criteria.--The first sentence of section 441(c) of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401(c)) is
amended by inserting before the period the following: ``, while
ensuring compliance with the requirements under subsection (k)''.
(b) Veterans' Share.--Section 441 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(k) Veterans' Share.--
``(1) In general.--In allocating amounts to applicants
under this section, the Secretary shall ensure that not less
than 20 percent of the amounts made available for each fiscal
year to carry out this section are used for assistance
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this section) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this section will remain unused for an unreasonable period
of time.''.
SEC. 7. SHELTER PLUS CARE PROGRAM.
(a) Selection Criteria.--Section 455(a) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) such factors as the Secretary considers necessary to
ensure compliance with the requirements under subsection (d);
and''.
(b) Veterans' Share.--Section 455 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(d) Veterans' Share.--
``(1) In general.--In providing assistance to applicants
under this subtitle, the Secretary shall ensure that not less
than 20 percent of the amount made available for each fiscal
year to carry out this subtitle is used for rental assistance
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this subtitle will remain unused for an unreasonable period
of time.''.
SEC. 8. RURAL HOMELESSNESS GRANT PROGRAM.
Section 491(c) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11408(c)) is amended by adding at the end the following new
paragraph:
``(4) Veterans' share.--
``(A) In general.--In awarding grants under
subsection (a) for a fiscal year, the Secretary shall
ensure that not less than 20 percent of the amount made
available for the fiscal year for such grants is used
for eligible activities under subsection (b) benefiting
homeless persons who are veterans.
``(B) Exception.--The Secretary may, with respect
to a fiscal year, waive the requirement under
subparagraph (A) or reduce the percentage under such
subparagraph if the Secretary determines (based on
approvable applications submitted for grants under this
section) that, but for such waiver or reduction,
amounts made available for such fiscal year to carry
out this section will remain unused for an unreasonable
period of time.''.
SEC. 9. INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM.
(a) Comprehensive Homeless Initiative.--Section 2(c)(5) of the HUD
Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) provides that not less than 20 percent of the
total amount received by the recipient shall be used
for projects and activities benefiting homeless persons
who are veterans; except that, upon the request of a
jurisdiction, the Secretary may, with respect to a
fiscal year, waive the requirement under this
subparagraph or reduce the percentage for such
recipient jurisdiction if the recipient demonstrates to
the Secretary that, but for such waiver or reduction,
assistance amounts under this subsection for the
recipient for such fiscal year will remain unused for
an unreasonable period of time.''.
(b) Innovative Project Funding.--
(1) Selection criteria.--Section 2(d)(3) of the HUD
Demonstration Act of 1993 is amended--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) such factors as the Secretary considers
necessary to ensure compliance with the requirements
under paragraph (4); and''.
(2) Veterans' share.--Section 2(d) of the HUD Demonstration
Act of 1993 is amended by adding at the end the following new
paragraph:
``(4) Veterans' share.--
``(A) In general.--In awarding assistance under
this subsection for a fiscal year, the Secretary shall
ensure that not less than 20 percent of the amount made
available for the fiscal year for such assistance is
used for projects and activities benefiting homeless
persons who are veterans.
``(B) Exception.--The Secretary may, with respect
to a fiscal year, waive the requirement under
subparagraph (A) or reduce the percentage under such
subparagraph if the Secretary determines (based on
approvable applications submitted for assistance under
this subsection) that, but for such waiver or
reduction, amounts made available for such fiscal year
to carry out this subsection will remain unused for an
unreasonable period of time.''.
(c) Definition.--Section 2(b) of the HUD Demonstration Act of 1993
is amended by adding at the end the following new paragraph:
``(7) For purposes of this title, the term `veteran' has
the meaning given such term in section 101 of title 38, United
States Code.''. | Robert Stodola Homeless Veterans Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require each city, county, State, and Indian tribe which is provided assistance under the following programs to ensure that not less than 20 percent of the total amount received by such entity is used for activities benefiting homeless veterans: (1) the emergency shelter grants program; (2) the supportive housing program; (3) the safe havens for homeless individuals demonstration program; (4) a program for single room occupancy dwellings; (5) the shelter plus care program; and (6) the rural homelessness grant program. Provides an identical requirement with respect to the innovative homeless initiatives demonstration program under the HUD Demonstration Act of 1993. Allows a waiver of such requirement in each case upon a determination that general program funds will remain unused for an unreasonable period of time unless the waiver is permitted. | {"src": "billsum_train", "title": "Robert Stodola Homeless Veterans Assistance Act"} | 2,652 | 191 | 0.568733 | 1.802377 | 0.794505 | 3.543353 | 13.560694 | 0.907514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bucket Drowning Prevention Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Since 1985, approximately 400 infants have drowned in
4-gallon to 6-gallon buckets, or nearly 1 child a week.
(2) Children drowning or hospitalized as a result of
falling into a bucket of liquid ranged in age from 1 month to
28 months although nearly 80 percent of all victims were 8 to
13 months old.
(3) Where race was reported in connection with such
drownings, African-American infants accounted for more of the
drowning deaths than any other racial group followed by
Caucasians and then Hispanics. In approximately 14 percent of
the investigated deaths, Spanish was reported to be the spoken
language.
(4) Only about 10 percent of 5-gallon buckets manufactured
annually are voluntarily labeled, and States are beginning to
establish their own labeling standards. There is no mandatory
Federal labeling standard regarding buckets.
(5) To prevent infant drownings in buckets and to assure
uniformity in bucket labels and a minimal impact on interstate
commerce, it is appropriate to establish a Federal labeling
standard.
(6) To address the bucket drowning problem in a more
permanent way, it is appropriate to establish performance
standards.
SEC. 3. LABELING STANDARD REQUIREMENTS.
Effective 180 days following the date of the enactment of this Act,
there is established a consumer product safety standard under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058), to eliminate or
reduce the risk of injury or death resulting from children falling into
4-gallon to 6-gallon buckets containing liquid. Such standard, when
effective, shall require straight sided or slightly tapered, open head
containers with a capacity of more than 4 gallons and less than 6
gallons (referred to in this Act as a ``bucket''), to bear 2 warning
labels, 1 in English and 1 in Spanish. The labels shall meet the
following requirements:
(1) Each label shall be permanent so that such label cannot
be removed, torn or defaced without the aid of tools or
solvents.
(2) Each label shall be at least 7 inches in height, and 5
inches in width, or any larger size as the labeler may choose.
The information on the label shall be proportionate to the
label's size.
(3) A label shall be centered on each side of the bucket
just below the point where the handle is inserted. The label on
1 side shall be in English and the label on the other side
shall be in Spanish.
(4) Each label shall have a border or other form of
contrast around its edges to delineate it from any other
information on the bucket.
(5) Each label shall bear (A) the signal word ``WARNING''
in bold uppercase lettering, in black ink, on an orange
background, and (B) in upper and lower case lettering in black
ink on a white background, the words ``Children Can Fall Into
Bucket and Drown--Keep Children Away From Buckets With Even a
Small Amount of Liquid''. The signal word panel shall be
preceded by a safety alert symbol consisting of an orange
exclamation mark on a black triangle.
(6) Each label shall include a picture of a child falling
into a bucket containing liquid. A red prohibition symbol shall
be superimposed over, and totally surround the pictorial. The
picture shall be positioned between the signal word panel and
the message panel.
SEC. 4. PROHIBITED ACTS.
(a) Removal of Label.--Once placed on a bucket pursuant to the
standard provided pursuant to section 3, it shall be a prohibited act
under section 19 of the Consumer Product Safety Act for any person in
the chain of distribution of the bucket to intentionally cover,
obstruct, tear, deface or remove the label.
(b) Consumer Product Safety Standard.--The standard established
pursuant to section 3 of this Act shall be considered a consumer
product safety standard established under the Consumer Product Safety
Act.
SEC. 5. EXISTING LABELS.
Any bucket label in use on September 1, 1993, which is
substantially in conformance with the requirements in section 3, may
continue to be used until 12 months after the date of the enactment of
this Act. Notwithstanding the preceding sentence, buckets subject to
this Act must bear both an English and Spanish language label after the
effective date of the standard established pursuant to section 3.
SEC. 6. AMENDMENTS.
Section 553 of title 5, United States Code, shall apply with
respect to the Consumer Product Safety Commission's issuance of any
amendments or changes to the bucket labeling standard required by
section 3 of this Act. Sections 7 and 9 of the Consumer Product Safety
Act shall not apply to such amendments or changes.
SEC. 7. RESPONSIBILITY FOR LABELING.
(a) Labeling.--The standard established by section 3 requires the
labeling of buckets covered by such standard to be the responsibility
of the manufacturer or distributor of any such bucket without regard to
whether or not such bucket is intended for sale by a retailer in an
empty state for use as a consumer product, or is intended for sale by a
retailer, together with its contents.
(b) Time for Placing Labels.--The required label must be on the
bucket at the time it is sold or delivered to the end user of the
bucket's contents or, in the case of a bucket intended to be sold to
the public in an empty state, at the time it is shipped to a retailer
for sale to the public.
SEC. 8. PERFORMANCE STANDARD.
Within 30 days following the date of enactment of this Act, the
Commission shall commence a proceeding under the Consumer Product
Safety Act for the issuance of a performance standard for buckets to
address the drowning hazard associated with this product. Section 553
of title 5, United States Code, shall apply with respect to the
issuance of such standard. Sections 7 and 9 of the Consumer Product
Safety Act shall not apply to the issuance of such standard. Such
standard shall take effect at such time as may be prescribed by the
Consumer Product Safety Commission, but in no event later than 180 days
following the date of the enactment of this Act. | Bucket Drowning Prevention Act of 1993 - Establishes a consumer product safety standard that would require warning labels on four- to six-gallon buckets. Requires each label to state "Children Can Fall into Bucket and Drown--Keep Children Away From Buckets With Even a Small Amount of Liquid" and to include a picture of a child falling into a bucket. | {"src": "billsum_train", "title": "Bucket Drowning Prevention Act of 1993"} | 1,415 | 100 | 0.567759 | 1.580581 | 0.792464 | 4.686567 | 19.522388 | 0.895522 |
SECTION 1. CLASS SIZE REDUCTION.
Title VI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
(1) by striking ``this title'' each place such term appears
and inserting ``this title (excluding part E)''; and
(2) by adding at the end the following:
``PART E--CLASS SIZE REDUCTION
``SEC. 6501. GRANT PROGRAM.
``(a) Purpose.--The purposes of this section are--
``(1) to reduce class size through the use of fully
qualified teachers;
``(2) to assist States and local educational agencies in
recruiting, hiring, and training 100,000 teachers in order to
reduce class sizes nationally, in grades 1 through 3, to an
average of 18 students per regular classroom; and
``(3) to improve teaching in those grades so that all
students can learn to read independently and well by the end of
the 3d grade.
``(b) Allotment to States.--
``(1) Reservation.--From the amount made available to carry
out this part for a fiscal year, the Secretary shall reserve
not more than 1 percent for the Secretary of the Interior (on
behalf of the Bureau of Indian Affairs) and the outlying areas
for activities carried out in accordance with this section.
``(2) State allotments.--
``(A) Hold harmless.--
``(i) In general.--Subject to subparagraph
(B) and clause (ii), from the amount made
available to carry out this part for a fiscal
year and not reserved under paragraph (1), the
Secretary shall allot to each State an amount
equal to the amount that such State received
for the preceding fiscal year under this
section or section 306 of the Department of
Education Appropriations Act, 2001, as the case
may be.
``(ii) Ratable reduction.--If the amount
made available to carry out this part for a
fiscal year and not reserved under paragraph
(1) is insufficient to pay the full amounts
that all States are eligible to receive under
clause (i) for such fiscal year, the Secretary
shall ratably reduce such amounts for such
fiscal year.
``(B) Allotment of additional funds.--
``(i) In general.--Subject to clause (ii),
for any fiscal year for which the amount made
available to carry out this part and not
reserved under paragraph (1) exceeds the amount
made available to the States for the preceding
year under the authorities described in
subparagraph (A)(i), the Secretary shall allot
to each of those States the percentage of the
excess amount that is the greater of--
``(I) the percentage the State
received for the preceding fiscal year
of the total amount made available to
the States under section 1122; or
``(II) the percentage so received
of the total amount made available to
the States under section 2202(b).
``(ii) Ratable reductions.--If the excess
amount for a fiscal year is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for such fiscal
year, the Secretary shall ratably reduce such
amounts for such fiscal year.
``(c) Allocation to Local Educational Agencies.--
``(1) Allocation.--Each State that receives funds under
this section shall allocate 100 percent of those funds to local
educational agencies, of which--
``(A) 80 percent shall be allocated to those local
educational agencies in proportion to the number of
children, age 5 through 17, from families with incomes
below the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved, who reside
in the school district served by that local educational
agency for the most recent fiscal year for which
satisfactory data are available, compared to the number
of those children who reside in the school districts
served by all the local educational agencies in the
State for that fiscal year; and
``(B) 20 percent shall be allocated to those local
educational agencies in accordance with the relative
enrollments of children, age 5 through 17, in public
and private nonprofit elementary schools and secondary
schools within the areas served by those agencies.
``(2) Exception.--Notwithstanding paragraph (1) and
subsection (d)(2)(B), if the award to a local educational
agency under this section is less than the starting salary for
a new fully qualified teacher for a school served by that
agency, that agency may use funds made available under this
section to--
``(A) help pay the salary of a full- or part-time
fully qualified teacher hired to reduce class size,
which may be done in combination with the expenditure
of other Federal, State, or local funds; or
``(B) pay for activities described in subsection
(d)(2)(A)(iii) that may be related to teaching in
smaller classes.
``(d) Use of Funds.--
``(1) Mandatory uses.--Each local educational agency that
receives funds under this section shall use those funds to
carry out effective approaches to reducing class size through
use of fully qualified teachers to improve educational
achievement for both regular and special needs children, with
particular consideration given to reducing class size in the
early elementary grades for which some research has shown class
size reduction is most effective.
``(2) Permissible uses.--
``(A) In general.--Each such local educational
agency may use funds made available under this section
for--
``(i) recruiting (including through the use
of signing bonuses, and other financial
incentives), hiring, and training fully
qualified regular and special education
teachers (which may include hiring special
education teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special needs
children;
``(ii) testing new teachers for academic
content knowledge, and to meet State
certification or licensing requirements that
are consistent with title II of the Higher
Education Act of 1965; and
``(iii) providing professional development
(which may include such activities as promoting
retention and mentoring) for teachers,
including special education teachers and
teachers of special needs children, in order to
meet the goal of ensuring that all teachers
have the general knowledge, teaching skills,
and subject matter knowledge necessary to teach
effectively in the content areas in which the
teachers teach, consistent with title II of the
Higher Education Act of 1965.
``(B) Limitation on testing and professional
development.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency may use
not more than a total of 25 percent of the
funds received by the agency under this section
for activities described in clauses (ii) and
(iii) of subparagraph (A).
``(ii) Special rule.--A local educational
agency may use more than 25 percent of the
funds the agency receives under this section
for activities described in subparagraph
(A)(iii) for the purpose of helping teachers
who are not yet fully qualified in attaining
full qualification if 10 percent or more of the
elementary school classes in a school are
taught by individuals who are not fully
qualified teachers or the State educational
agency has waived State certification or
licensing requirements for 10 percent or more
of such teachers.
``(C) Use of funds by agencies that have reduced
class size.--Notwithstanding subparagraph (B), a local
educational agency that has already reduced class size
in the early elementary grades to 18 or fewer children
(or has already reduced class size to a State or local
class size reduction goal that was in effect on
November 28, 1999 if that goal is 20 or fewer children)
may use funds received under this section--
``(i) to make further class size reductions
in kindergarten through third grade;
``(ii) to reduce class size in other
grades; or
``(iii) to carry out activities to improve
teacher quality, including professional
development.
``(3) Supplement, not supplant.--Each such agency shall use
funds made available under this section only to supplement, and
not to supplant, State and local funds that, in the absence of
funds made available under this section, would otherwise be
expended for activities described in this section.
``(4) Limitation on use for salaries and benefits.--
``(A) In general.--Except as provided in
subparagraph (B), no funds made available under this
section may be used to increase the salaries of, or
provide benefits (other than participation in
professional development and enrichment programs) to,
teachers who are not hired under this section.
``(B) Exception.--Funds made available under this
section may be used to pay the salaries of teachers
hired under section 306 of the Department of Education
Appropriations Act, 2001.
``(e) Reports.--
``(1) State activities.--Each State receiving funds under
this section shall prepare and submit to the Secretary a
biennial report on activities carried out in the State under
this section that provides the information described in section
6202(a)(2) with respect to the activities.
``(2) Progress concerning class size and qualified
teachers.--Each State and local educational agency receiving
funds under this section shall annually report to parents and
the public, in numeric form as compared to the previous year,
on--
``(A) the agency's progress in reducing class size,
and increasing the percentage of classes in core
academic areas taught by fully qualified teachers; and
``(B) the impact that hiring additional fully
qualified teachers and reducing class size, has had, if
any, on increasing student academic achievement.
``(3) Notice.--Each local educational agency that receives
funds under this section shall provide to each individual
parent of a child who attends a school in such local
educational agency timely, written notice if the child has been
assigned or has been taught for 2 or more consecutive weeks by
a substitute teacher, as defined by such local educational
agency, or a teacher who is not fully qualified.
``(f) Private Schools.--If a local educational agency uses funds
made available under this section for professional development
activities, the agency shall ensure the equitable participation of
private nonprofit elementary schools and secondary schools in such
activities in accordance with section 6402. Section 6402 shall not
apply to other activities carried out under this section.
``(g) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
``(h) Request for Funds.--Each local educational agency that
desires to receive funds under this section shall include in the
application required under section 6303 a description of the agency's
program to reduce class size by hiring additional fully qualified
teachers.
``(i) Certification, Licensing, and Competency.--No funds made
available under this section may be used to pay the salary of any
teacher unless such teachers is fully qualified.
``(j) Definitions.--As used in this section--
``(1) the term `certified' includes certification through
State or local alternative routes; and
``(2) the term `fully qualified'--
``(A) when used with respect to an elementary or
secondary school teacher, means that the teacher has
obtained certification or passed the State licensing
exam and holds a license; and
``(B) when used with respect to--
``(i) an elementary school teacher, means
that the teacher holds a bachelor's degree and
demonstrates general knowledge, teaching skill,
and subject matter knowledge required to teach
at the elementary school level in the core
academic subjects; or
``(ii) a middle or secondary school
teacher, means that the teacher 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 academic subject area
test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``SEC. 6502. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000,000 for fiscal year 2002 and such sums as may be necessary
for fiscal years 2003 through 2006.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to reduce class size through the use of fully qualified teachers, and for other purposes."} | 2,726 | 93 | 0.464523 | 1.204608 | 0.861699 | 4.423913 | 28.5 | 0.880435 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Farm and Ranch
Emergency Assistance Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Emergency requirement.
TITLE I--MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES
Sec. 101. Market loss assistance for contract commodities
TITLE II--MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS
Sec. 201. Market loss assistance for soybeans and other oilseeds.
TITLE III--REMOVAL OF TRADE SANCTIONS
Sec. 301. Comptroller General report.
Sec. 302. Prohibition on unilateral agricultural or medical sanctions.
Sec. 303. Annual reports by Secretary of Agriculture.
Sec. 304. Actions by Department of Agriculture.
Sec. 305. Definition.
TITLE IV--TEMPORARY REMOVAL OF LIMIT ON LOAN DEFICIENCY PAYMENTS AND
MARKETING LOAN GAINS
Sec. 401. Temporary removal of limit on authorized amount of marketing
loan gains and loan deficiency payments.
TITLE V--UPLAND COTTON PRICE COMPETITIVENESS
Sec. 501. Upland cotton price competitiveness.
TITLE VI--MARKET LOSS ASSISTANCE FOR LIVESTOCK AND DAIRY PRODUCERS
Sec. 601. Assistance to livestock and dairy producers.
TITLE VII--EMERGENCY CONCESSIONAL SALES AND DONATIONS
Sec. 701. Emergency concessional sales and donations.
TITLE VIII--CONSERVATION RESERVE
Sec. 801. Sense of Congress regarding full enrollment of land in the
conservation reserve.
TITLE IX--EARLY AVAILABILITY OF AMTA PAYMENTS
Sec. 901. Authority for advance payment in full of remaining payments
under production flexibility contracts.
TITLE X--CROP INSURANCE
Sec. 1001. Crop insurance premium discount for 2000 crop year.
SEC. 2. EMERGENCY REQUIREMENT.
Notwithstanding the last sentence of section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985, amounts made
available by this Act are designated by the Congress as an emergency
requirement pursuant to section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That such amounts
shall be available only to the extent that an official budget request
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to
Congress.
TITLE I--MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES
SEC. 101. MARKET LOSS ASSISTANCE FOR CONTRACT COMMODITIES
(a) In General.--The Secretary of Agriculture shall use not more
than $5,544,453,000 for assistance to owners and producers on a farm
who are eligible for final payments for fiscal year 1999 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate
the owners and producers for the loss of markets for the 1999 crop of a
commodity.
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportional to the
amount of the contract payment received by the owners and producers for
fiscal year 1999 under a production flexibility contract for the farm
under the Agricultural Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
(d) Use of Commodity Credit Corporation.--Subject to subsection
(e), the Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this section.
TITLE II--MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS
SEC. 201. MARKET LOSS ASSISTANCE FOR SOYBEANS AND OTHER OILSEEDS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture shall use not less than $475,000,000 of funds
of the Commodity Credit Corporation to make payments to producers of
the 1999 crop of oilseeds that are eligible to obtain a marketing
assistance loan under section 131 of the Agricultural Market Transition
Act (7 U.S.C. 7231).
(b) Computation.--A payment to producers on a farm under this
section shall be computed by multiplying--
(1) a payment rate determined by the Secretary; by
(2) the quantity of oilseeds that the producers on the farm
are eligible to place under loan under section 131 of that Act.
(c) Limitation.--Payments made under this section shall be
considered to be contract payments for the purposes of section 1001(1)
of the Food Security Act of 1985 (7 U.S.C. 1308(1)).
TITLE III--REMOVAL OF TRADE SANCTIONS
SEC. 301. COMPTROLLER GENERAL REPORT.
Within 1 year after the date of the enactment of this Act, the
Comptroller General shall--
(1) conduct--
(A) a detailed examination of all economic
sanctions affecting United States businesses,
differentiating between unilateral and multilateral
economic sanctions;
(B) an assessment of comparable measures undertaken
by other countries in each instance;
(C) an evaluation of the effectiveness of both
unilateral and multilateral economic sanctions in
meeting stated policy goals;
(D) an assessment on humanitarian conditions within
sanctioned countries, evaluating how sanctions have
affected particular states;
(E) an assessment of the relationship with United
States allies as a consequence of unilateral economic
sanctions;
(F) an examination of the economic impact of
sanctions on United States producers and exporters; and
(G) an assessment of potential countries that may
be sanctioned under existing United States law or
executive authority, but which are not now subject to
sanctions (whether because of presidentially exercised
waivers, or statutes or executive orders not being
applied); and
(2) submit to the Committee on International Relations and
the Committee on Agriculture of the House of Representatives
and to the Committee on Foreign Relations and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on
the matters addressed in paragraph (1).
SEC. 302. PROHIBITION ON UNILATERAL AGRICULTURAL OR MEDICAL SANCTIONS.
(a) In General.--Notwithstanding any other provision of law, the
President shall not restrict or otherwise prohibit any exports
(including restricted commercial or Federal financing) of food, other
agricultural products (including fertilizer), medicines, or medical
supplies or equipment as part of any policy of existing or future
unilateral economic sanctions imposed against a foreign government.
(b) National Security Waiver.--The President may waive, for periods
of not more than 1 year each, the applicability of any sanction under
subsection (a) with respect to a foreign country or entity if the
President, with respect to each such waiver--
(1) determines that the national security so requires; and
(2) transmits to the Congress that determination, together
with a detailed description of the reasons therefor, including
an explanation of how the sanction will further the national
security.
SEC. 303. ANNUAL REPORTS BY SECRETARY OF AGRICULTURE.
The Secretary of Agriculture shall submit to the Congress, by not
later than May 1 of each year, a report containing the following:
(1) The Secretary's assessment of all markets where United
States exports of agricultural commodities are limited because
of multilateral or unilateral economic sanctions, including
specific commodities affected.
(2) The economic impact on producers of the commodities
specified under paragraph (1).
(3) An assessment of the extent to which displaced United
States commodities are being supplied by foreign competitors.
(4) The expected longer-term consequences of interrupting
United States exports.
(5) Any assistance provided by the Foreign Agricultural
Service to offset lost markets due to such sanctions.
SEC. 304. ACTIONS BY DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture shall expand agricultural export
assistance under United States market development, food assistance, or
export promotion programs to offset all projected losses of
agricultural commodity markets from unilateral or multilateral
sanctions identified under section 303, to the maximum extent permitted
by law and by the obligations of the United States under the Agreement
on Agriculture referred to in section 101(d)(2) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(2)).
SEC. 305. DEFINITION.
As used in this title, the term ``unilateral economic sanction''
means any restriction or condition on economic activity with respect to
a foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security, except in a
case in which the United States imposes the measure pursuant to a
multilateral regime and the other members of that regime have agreed to
impose substantially equivalent measures.
TITLE IV--TEMPORARY REMOVAL OF LIMIT ON LOAN DEFICIENCY PAYMENTS AND
MARKETING LOAN GAINS
SEC. 401. TEMPORARY REMOVAL OF LIMIT ON AUTHORIZED AMOUNT OF MARKETING
LOAN GAINS AND LOAN DEFICIENCY PAYMENTS.
Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2))
is amended by adding at the end the following new sentence: ``However,
this limitation shall not apply during the 1999 and 2000 crop years.''.
TITLE V--UPLAND COTTON PRICE COMPETITIVENESS
SEC. 501. UPLAND COTTON PRICE COMPETITIVENESS.
(a) In General.--Section 136(a) of the Agricultural Market
Transition Act (7 U.S.C. 7236(a)) is amended--
(1) in paragraph (1), by striking ``or cash payments'' and
inserting ``or cash payments, at the option of the
recipient,'';
(2) by striking ``3 cents per pound'' each place it appears
and inserting ``1.25 cents per pound'';
(3) in the first sentence of paragraph (3)(A), by striking
``owned by the Commodity Credit Corporation in such manner, and
at such price levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing certificates''
and inserting ``owned by the Commodity Credit Corporation or
pledged to the Commodity Credit Corporation as collateral for a
loan in such manner, and at such price levels, as the Secretary
determines will best effectuate the purposes of cotton user
marketing certificates, including enhancing the competitiveness
and marketability of United States cotton''; and
(4) by striking paragraph (4).
(b) Ensuring the Availability of Upland Cotton.--Section 136(b) of
the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Establishment.--
``(A) In general.--The President shall carry out an
import quota program during the period ending July 31,
2003, as provided in this subsection.
``(B) Program requirements.--Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive 4-week period, the
Friday through Thursday average price quotation for the
lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe, adjusted for the value of any
certificate issued under subsection (a), exceeds the
Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special
import quota.
``(C) Tight domestic supply.--During any month for
which the Secretary estimates the season-ending United
States upland cotton stocks-to-use ratio, as determined
under subparagraph (D), to be below 16 percent, the
Secretary, in making the determination under
subparagraph (B), shall not adjust the Friday through
Thursday average price quotation for the lowest-priced
United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, for
the value of any certificates issued under subsection
(a).
``(D) Season-ending united states stocks-to-use
ratio.--For the purposes of making estimates under
subparagraph (C), the Secretary shall, on a monthly
basis, estimate and report the season-ending United
States upland cotton stocks-to-use ratio, excluding
projected raw cotton imports but including the quantity
of raw cotton that has been imported into the United
States during the marketing year.''; and
(2) by adding at the end the following:
``(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 5 week's consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.''.
TITLE VI--MARKET LOSS ASSISTANCE FOR LIVESTOCK AND DAIRY PRODUCERS
SEC. 601. ASSISTANCE TO LIVESTOCK AND DAIRY PRODUCERS.
The Secretary of Agriculture shall use $325,000,000 of funds of the
Commodity Credit Corporation to provide assistance to livestock and
dairy producers in a manner determined by the Secretary.
TITLE VII--EMERGENCY CONCESSIONAL SALES AND DONATIONS
SEC. 701. EMERGENCY CONCESSIONAL SALES AND DONATIONS.
(a) In General.--The Secretary of Agriculture shall use
$950,000,000 of funds of the Commodity Credit Corporation to carry out
a purchase and donation or concessional sales initiative to promote the
export of additional quantities of United States agricultural
commodities using programs established under--
(1) the Commodity Credit Corporation Charter Act (15 U.S.C.
714 et seq.);
(2) section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
(3) titles I and II of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and
(4) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
(b) Specialty Crops.--The Secretary shall use not more than
$50,000,000 of the funds specified in subsection (a) to carry out this
section to provide assistance to producers of fruits and vegetables.
TITLE VIII--CONSERVATION RESERVE
SEC. 801. SENSE OF CONGRESS REGARDING FULL ENROLLMENT OF LAND IN THE
CONSERVATION RESERVE.
It is the sense of the Congress that the Secretary of Agriculture
should promptly enroll in the conservation reserve the full 36,400,000
acres authorized under section 1231(d) of the Food Security Act of 1985
(16 U.S.C. 3831(d)).
TITLE IX--EARLY AVAILABILITY OF AMTA PAYMENTS
SEC. 901. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING PAYMENTS
UNDER PRODUCTION FLEXIBILITY CONTRACTS.
Section 112(d)(3) of the Agricultural Market Transition Act (7
U.S.C. 7212(d)(3)) is amended--
(1) in the paragraph heading, by striking ``for fiscal year
1999'';
(2) by striking ``for fiscal year 1999'' and inserting
``for any of fiscal years 1999 through 2002''; and
(3) by striking ``that fiscal year'' and inserting ``that
same fiscal year''.
TITLE X--CROP INSURANCE
SEC. 1001. CROP INSURANCE PREMIUM DISCOUNT FOR 2000 CROP YEAR.
The Secretary of Agriculture shall use $500,000,000 of funds of the
Commodity Credit Corporation to assist agricultural producers in
purchasing additional coverage for the 2000 crop year under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.). | TABLE OF CONTENTS:
Title I: Market Loss Assistance for Contract Commodities
Title II: Market Loss Assistance for Soybeans and Other
Oilseeds
Title III: Removal of Trade Sanctions
Title IV: Temporary Removal of Limit on Loan Deficiency
Payments and Marketing Loan Gains
Title V: Upland Cotton Price Competitiveness
Title VI: Market Loss Assistance for Livestock and Dairy
Producers
Title VII: Emergency Concessional Sales and Donations
Title VIII: Conservation Reserve
Title IX: Early Availability of AMTA Payments
Title X: Crop Insurance
Farm and Ranch Emergency Assistance Act of 1999 - Designates amounts made available by this Act as an emergency requirement pursuant to the Balanced Budget and Deficit Control Act of 1985.
Title I: Market Loss Assistance for Contract Commodities
- Directs the Secretary of Agriculture to use specified amounts for 1999 contract commodity market loss assistance to producers under a production flexibility contract. Makes such assistance available in proportion to amounts received under a producer's flexibility contract.
Title II: Market Loss Assistance For Soybeans and Other Oilseeds
- Directs the Secretary to use specified amounts of Commodity Credit Corporation funds for 1999 market loss assistance to soybean and oilseed producers. Considers such assistance as payments for purposes of production flexibility contract limits.
Title III: Removal of Trade Sanctions
- Directs the Comptroller General to examine and report on specified aspects of trade sanctions.
(Sec. 302) Prohibits the President from imposing unilateral agricultural or medical sanctions against a foreign government, with an exception for national security reasons.
(Sec. 303) Directs the Secretary to make annual reports with respect to foreign sanctions and their effect on U.S. agricultural commodities.
(Sec. 304) Directs the Secretary to expand agricultural export assistance to offset sanction-affected market losses.
Title IV: Temporary Removal of Limit on Loan Deficiency Payments and Marketing Loan Gains
- Amends the Food Security Act of 1985 to remove limits on marketing loan gains and loan deficiency payments for crop years 1999 and 2000.
Title V: Upland Cotton Price Competitiveness
- Amends the Agricultural Market Transition Act to: (1) reduce specified eligibility criteria with respect to upland cotton special marketing assistance; (2) make agricultural commodities pledged to the Corporation as loan collateral eligible for marketing certificate redemption; (3) eliminate related expenditure caps; and (4) revise special import quota provisions.
Title VI: Market Loss Assistance for Livestock and Dairy Producers
- Directs the Secretary to use specified Corporation funds to assist livestock and dairy producers.
Title VII: Emergency Concessional Sales and Donations
- Directs the Secretary to use specified Corporation funds for an emergency agricultural export concessional sales and donations program. Limits the amount of such funds available to assist fruit and vegetable producers.
Title VIII: Conservation Reserve
- Expresses the sense of Congress that the Secretary should enroll the fully authorized acreage in the conservation reserve program.
Title IX: Early Availability of AMTA Payments
- Amends the Agricultural Market Transition Act to authorize advance payments in full through FY 2002 under the production flexibility contract program.
Title X: Crop Insurance
- Directs the Secretary to use specified Corporation funds to assist producers in purchasing additional crop insurance for crop year 2000. | {"src": "billsum_train", "title": "Farm and Ranch Emergency Assistance Act of 1999"} | 3,699 | 723 | 0.770041 | 2.453164 | 0.745579 | 2.647819 | 4.940226 | 0.903069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Family Support Act
of 1993''.
SEC. 2. ESTABLISHMENT OF OFFICE OF FAMILY SUPPORT.
There is established an Office of Family Support within the
Department of Justice under the authority of the Attorney General.
SEC. 3. APPOINTMENT AND DUTIES OF DIRECTOR.
(a) Appointment.--The Office of Family Support shall be headed by a
Director appointed by the President, by and with the consent of the
Senate. The Director shall report to the Attorney General.
(b) Authority.--The Director shall have final authority for all
grants awarded by the Office.
(c) Restriction.--The Director shall not engage in any employment
other than that as serving as Director; nor shall the Director hold any
office in, or act in any capacity for, any organization, agency, or
institution with which the Office makes any grant or other arrangement
under this Act.
(d) Duties.--The Director shall--
(1) establish guidelines and oversee the implementation of
family-friendly policies within law enforcement-related offices
and divisions in the Department of Justice;
(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the findings of
such studies to Federal, State, and local law enforcement
agencies, related organizations, and other interested parties;
(3) identify and evaluate model programs that provide
support services to law enforcement personnel and families;
(4) provide technical assistance and training programs to
develop stress reduction and family support to State and local
law enforcement agencies;
(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to
Federal, State, and local law enforcement agencies, law
enforcement-related organizations, and other interested
entities; and
(6) determine issues to be researched by the Office and by
grant recipients.
SEC. 4. GENERAL AUTHORIZATION.
The Director is authorized to make grants to States and local law
enforcement agencies and to organizations representing state and local
law enforcement personnel to provide family support services to law
enforcement personnel.
SEC. 5. USES OF FUNDS.
(a) In General.--A State or local law enforcement agency or
organization that receives a grant under this Act shall use amounts
provided under the grant to establish or improve training and support
programs for law enforcement personnel.
(b) Required Activities.--A law enforcement agency or organization
that receives funds under this Act shall provide at least one of the
following services:
(1) Counseling for law enforcement family members.
(2) Child care on a 24-hour basis.
(3) Marital and adolescent support groups.
(4) Stress reduction programs.
(5) Stress education for law enforcement recruits and
families.
(6) Provide technical assistance and training programs to
support any or all of the services listed in (1) through (5).
(c) Optional Activities.--A law enforcement agency that receives
funds under this Act may provide the following services:
(1) Post-shooting debriefing for officers and their
spouses.
(2) Group therapy.
(3) Hypertension clinics.
(4) Critical incident response on a 24-hour basis.
(5) Law enforcement family crisis telephone services on a
24-hour basis.
(6) Counseling for law enforcement personnel exposed to the
human immunodeficiency virus.
(7) Counseling for peers.
(8) Counseling for families of personnel killed in the line
of duty.
(9) Seminars regarding alcohol, drug use, gambling, and
overeating.
(10) Technical assistance and training to support any or
all of the services in (1) through (9).
SEC. 6. APPLICATIONS.
A law enforcement agency or organization desiring to receive a
grant under this Act shall submit to the Director an application at
such time, in such manner, and containing or accompanied by such
information as the Director may reasonably require. Such application
shall--
(1) certify that the law enforcement agency shall match all
Federal funds with an equal amount of cash or in-kind goods or
services from other non-Federal sources;
(2) include a statement from the highest ranking law
enforcement official from the State or locality or from the
highest ranking official from the organization applying for the
grant that attests to the need and intended use of services to
be provided with grant funds; and
(3) assure that the Director or the Comptroller General of
the United States shall have access to all records related to
the receipt and use of grant funds received under this Act.
SEC. 7. AWARD OF GRANTS; LIMITATION.
(a) Grant Distribution.--In approving grants under this Act, the
Director shall assure an equitable distribution of assistance among the
States, among urban and rural areas of the United States, and among
urban and rural areas of a State.
(b) Duration.--The Director may award a grant each fiscal year, not
to exceed $100,000 to a State or local law enforcement agency or
$250,000 to a law enforcement organization for a period not to exceed 5
years. In any application from a State or local law enforcement agency
or organization for a grant to continue a program for the second,
third, fourth, or fifth fiscal year following the first fiscal year in
which a grant was awarded to such agency, the Director shall review the
progress made toward meeting the objectives of the program. The
Director may refuse to award a grant if the Director finds sufficient
progress has not been made toward meeting such objectives, but only
after affording the applicant notice and an opportunity for
reconsideration.
(c) Limitation.--Not more than 10 percent of grant funds received
by a State or a local law enforcement agency may be used for
administrative purposes.
SEC. 8. DISCRETIONARY RESEARCH GRANTS.
The Director may reserve 10 percent of funds to award research
grants to a State or local law enforcement agency or organization to
study issues of importance in the law enforcement field as determined
by the Director.
SEC. 9. REPORTS.
(a) Report From Grant Recipients.--A State or local law enforcement
agency or organization that receives a grant under this Act shall
submit to the Director an annual report that includes--
(1) program descriptions;
(2) the number of staff employed to administer programs;
(3) the number of individuals who participated in programs;
and
(4) an evaluation of the effectiveness of grant programs.
(b) Report From Director.--(1) The Director shall submit to the
President, the Speaker of the House of Representatives, and the
President pro tempore of the Senate a report not later than March 31 of
each fiscal year.
(2) Such report shall contain--
(A) a description of the types of projects developed or
improved through funds received under this Act;
(B) a description of exemplary projects and activities
developed;
(C) a designation of the family relationship to the law
enforcement personnel of individuals served; and
(D) the number of individuals served in each location and
throughout the country.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) the term ``Director'' means the Director of the Office
of Family Support within the Department of Justice;
(2) the term ``family-friendly policy'' means a policy to
promote or improve the morale and well being of law enforcement
personnel;
(3) the term ``law enforcement personnel'' means
individuals employed by Federal, State, and local law
enforcement agencies; and
(4) the term ``Office'' means the Office of Family Support
within the Department of Justice.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS; LIMITATION.
(a) In General.--There are authorized to be appropriated $5,000,000
for each of the fiscal years 1994, 1995, 1996, 1997, and 1998.
(b) Limitation.--Not more than 20 percent of the amounts available
under this Act may be used to accomplish the duties of the Director
under section 2(d) and to operate the Office, including administrative
costs, research, and training programs. | Law Enforcement Family Support Act of 1993 - Establishes an Office of Family Support within the Department of Justice (DOJ), to be headed by a Director.
Requires the Director to: (1) oversee the implementation of family-friendly policies within law enforcement-related offices in DOJ; (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings to Federal, State, and local law enforcement agencies (LEAs) and others; (3) evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to State and local LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to LEAs, law enforcement-related organizations, and others; and (6) determine issues to be researched by the Office and by grant recipients.
Authorizes the Director to make grants to States and local LEAs and to organizations representing State and local law enforcement personnel to provide family support services to law enforcement personnel.
Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; (5) stress education for law enforcement recruits and families; and (6) technical assistance and training programs to support such services.
Authorizes recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; (5) seminars regarding alcohol, drug abuse, gambling, and overeating.
Sets forth provisions with respect to application requirements, grant durations, and limitations on the use of funds.
Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants.
Authorizes appropriations. | {"src": "billsum_train", "title": "Law Enforcement Family Support Act of 1993"} | 1,707 | 441 | 0.751031 | 2.404792 | 0.82315 | 5.708134 | 4.026316 | 0.92823 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovery Enhancement for Addiction
Treatment Act'' or the ``TREAT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Overdoses from opioids have increased dramatically in
the United States.
(2) Deaths from drug overdose, largely from prescription
pain relievers, have tripled among men and increased five-fold
among women over the past decade.
(3) Nationwide, drug overdoses now claim more lives than
car accidents.
(4) Opioid addiction is a chronic disease that, untreated,
places a large burden on the healthcare system. Roughly 475,000
emergency room visits each year are attributable to the misuse
and abuse of opioid pain medication.
(5) Effective medication-assisted treatment for opioid
addiction can decrease overdose deaths, be cost-effective,
reduce transmissions of HIV and viral hepatitis, and reduce
other social harms such as criminal activity.
(6) Effective medication-assisted treatment programs for
opioid addiction should include multiple components, including
medications, cognitive and behavioral supports and
interventions, and drug testing.
(7) Effective medication-assisted treatment programs for
opioid addiction may use a team of staff members, in addition
to a prescribing provider, to deliver comprehensive care.
(8) Access to medication-assisted treatments, including
office-based buprenorphine opioid treatment, remains limited in
part due to current practice regulations and an insufficient
number of providers.
(9) More than 10 years of experience in the United States
with office-based buprenorphine opioid treatment has informed
best practices for delivering successful, high quality care.
SEC. 3. EXPANSION OF PATIENT LIMITS UNDER WAIVER.
Section 303(g)(2)(B) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(B)) is amended--
(1) in clause (i), by striking ``physician'' and inserting
``practitioner'';
(2) in clause (iii)--
(A) by striking ``30'' and inserting ``100''; and
(B) by striking ``, unless, not sooner'' and all
that follows through the end and inserting a period;
and
(3) by inserting at the end the following new clause:
``(iv) Not earlier than 1 year after the date on
which a qualifying practitioner obtained an initial
waiver pursuant to clause (iii), the qualifying
practitioner may submit a second notification to the
Secretary of the need and intent of the qualifying
practitioner to treat an unlimited number of patients,
if the qualifying practitioner--
``(I)(aa) satisfies the requirements of
item (aa), (bb), (cc), or (dd) of subparagraph
(G)(ii)(I); and
``(bb) agrees to fully participate in the
Prescription Drug Monitoring Program of the
State in which the qualifying practitioner is
licensed, pursuant to applicable State
guidelines; or
``(II)(aa) satisfies the requirements of
item (ee), (ff), or (gg) of subparagraph
(G)(ii)(I);
``(bb) agrees to fully participate in the
Prescription Drug Monitoring Program of the
State in which the qualifying practitioner is
licensed, pursuant to applicable State
guidelines;
``(cc) practices in a qualified practice
setting; and
``(dd) has completed not less than 24 hours
of training (through classroom situations,
seminars at professional society meetings,
electronic communications, or otherwise) with
respect to the treatment and management of
opiate-dependent patients for substance use
disorders provided by the American Society of
Addiction Medicine, the American Academy of
Addiction Psychiatry, the American Medical
Association, the American Osteopathic
Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for
purposes of this subclause.''.
SEC. 4. DEFINITIONS.
Section 303(g)(2)(G) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(G)) is amended--
(1) by striking clause (ii) and inserting the following:
``(ii) The term `qualifying practitioner' means the
following:
``(I) A physician who is licensed under
State law and who meets 1 or more of the
following conditions:
``(aa) The physician holds a board
certification in addiction psychiatry
from the American Board of Medical
Specialties.
``(bb) The physician holds an
addiction certification from the
American Society of Addiction Medicine.
``(cc) The physician holds a board
certification in addiction medicine
from the American Osteopathic
Association.
``(dd) The physician holds a board
certification from the American Board
of Addiction Medicine.
``(ee) The physician has completed
not less than 8 hours of training
(through classroom situations, seminar
at professional society meetings,
electronic communications, or
otherwise) with respect to the
treatment and management of opiate-
dependent patients for substance use
disorders provided by the American
Society of Addiction Medicine, the
American Academy of Addiction
Psychiatry, the American Medical
Association, the American Osteopathic
Association, the American Psychiatric
Association, or any other organization
that the Secretary determines is
appropriate for purposes of this
subclause.
``(ff) The physician has
participated as an investigator in 1 or
more clinical trials leading to the
approval of a narcotic drug in schedule
III, IV, or V for maintenance or
detoxification treatment, as
demonstrated by a statement submitted
to the Secretary by this sponsor of
such approved drug.
``(gg) The physician has such other
training or experience as the Secretary
determines will demonstrate the ability
of the physician to treat and manage
opiate-dependent patients.
``(II) A nurse practitioner or physician
assistant who is licensed under State law and
meets all of the following conditions:
``(aa) The nurse practitioner or
physician assistant is licensed under
State law to prescribe schedule III,
IV, or V medications for pain.
``(bb) The nurse practitioner or
physician assistant satisfies 1 or more
of the following:
``(AA) Has completed not
fewer than 24 hours of training
(through classroom situations,
seminar at professional society
meetings, electronic
communications, or otherwise)
with respect to the treatment
and management of opiate-
dependent patients for
substance use disorders
provided by the American
Society of Addiction Medicine,
the American Academy of
Addiction Psychiatry, the
American Medical Association,
the American Osteopathic
Association, the American
Psychiatric Association, or any
other organization that the
Secretary determines is
appropriate for purposes of
this subclause.
``(BB) Has such other
training or experience as the
Secretary determines will
demonstrate the ability of the
nurse practitioner or physician
assistant to treat and manage
opiate-dependent patients.
``(cc) The nurse practitioner or
physician assistant practices under the
supervision of a licensed physician who
holds an active waiver to prescribe
schedule III, IV, or V narcotic
medications for opioid addiction
therapy, and--
``(AA) the supervising
physician satisfies the
conditions of item (aa), (bb),
(cc), or (dd) of subclause (I);
or
``(BB) both the supervising
physician and the nurse
practitioner or physician
assistant practice in a
qualified practice setting.
``(III) A nurse practitioner who is
licensed under State law and meets all of the
following conditions:
``(aa) The nurse practitioner is
licensed under State law to prescribe
schedule III, IV, or V medications for
pain.
``(bb) The nurse practitioner has
training or experience that the
Secretary determines demonstrates
specialization in the ability to treat
opiate-dependent patients, such as a
certification in addiction specialty
accredited by the American Board of
Nursing Specialties or the National
Commission for Certifying Agencies, or
a certification in addiction nursing as
a Certified Addiction Registered
Nurse--Advanced Practice.
``(cc) In accordance with State
law, the nurse practitioner prescribes
opioid addiction therapy in
collaboration with a physician who
holds an active waiver to prescribe
schedule III, IV, or V narcotic
medications for opioid addiction
therapy.
``(dd) The nurse practitioner
practices in a qualified practice
setting.''; and
(2) by adding at the end the following:
``(iii) The term `qualified practice setting' means
1 or more of the following treatment settings:
``(I) A National Committee for Quality
Assurance-recognized Patient-Centered Medical
Home or Patient-Centered Specialty Practice.
``(II) A Centers for Medicaid & Medicare
Services-recognized Accountable Care
Organization.
``(III) A clinical facility administered by
the Department of Veterans Affairs, Department
of Defense, or Indian Health Service.
``(IV) A Behavioral Health Home accredited
by the Joint Commission.
``(V) A Federally-qualified health center
(as defined in section 1905(l)(2)(B) of the
Social Security Act (42 U.S.C. 1396d(l)(2)(B)))
or a Federally-qualified health center look-
alike.
``(VI) A Substance Abuse and Mental Health
Services-certified Opioid Treatment Program.
``(VII) A clinical program of a State or
Federal jail, prison, or other facility where
individuals are incarcerated.
``(VIII) A clinic that demonstrates
compliance with the Model Policy on DATA 2000
and Treatment of Opioid Addiction in the
Medical Office issued by the Federation of
State Medical Boards.
``(IX) A treatment setting that is part of
an Accreditation Council for Graduate Medical
Education, American Association of Colleges of
Osteopathic Medicine, or American Osteopathic
Association-accredited residency or fellowship
training program.
``(X) Any other practice setting approved
by a State regulatory board or State Medicaid
Plan to provide addiction treatment services.
``(XI) Any other practice setting approved
by the Secretary.''.
SEC. 5. GAO EVALUATION.
Two years after the date on which the first notification under
clause (iv) of section 303(g)(2)(B) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)(B)), as added by this Act, is received by the
Secretary of Health and Human Services, the Comptroller General of the
United States shall initiate an evaluation of the effectiveness of the
amendments made by this Act, which shall include an evaluation of--
(1) any changes in the availability and use of medication-
assisted treatment for opioid addiction;
(2) the quality of medication-assisted treatment programs;
(3) the integration of medication-assisted treatment with
routine healthcare services;
(4) diversion of opioid addiction treatment medication;
(5) changes in State or local policies and legislation
relating to opioid addiction treatment;
(6) the use of nurse practitioners and physician assistants
who prescribe opioid addiction medication;
(7) the use of Prescription Drug Monitoring Programs by
waived practitioners to maximize safety of patient care and
prevent diversion of opioid addiction medication;
(8) the findings of Drug Enforcement Agency inspections of
waived practitioners, including the frequency with which the
Drug Enforcement Agency finds no documentation of access to
behavioral health services; and
(9) the effectiveness of cross-agency collaboration between
Department of Health and Human Services and the Drug
Enforcement Agency for expanding effective opioid addiction
treatment. | Recovery Enhancement for Addiction Treatment Act or the TREAT Act - Amends the Controlled Substances Act to increase the number of patients that a qualifying practitioner dispensing narcotic drugs for maintenance or detoxification treatment is initially allowed to treat from 30 to 100 patients per year. Allows a qualifying physician, after one year, to request approval to treat an unlimited number of patients under specified conditions, including that he or she: (1) agrees to fully participate in the Prescription Drug Monitoring Program of the state in which the practitioner is licensed, (2) practices in a qualified practice setting, and (3) has completed at least 24 hours of training regarding treatment and management of opiate-dependent patients for substance use disorders provided by specified organizations. Revises the definition of a "qualifying practitioner" to include: (1) a physician who holds a board certification from the American Board of Addiction Medicine; and (2) a nurse practitioner or physicians assistant who is licensed under state law to prescribe schedule III, IV, or V medications for pain, who has specified training or experience that demonstrates specialization in the ability to treat opiate-dependent patients, who practices under the supervision of, or prescribes opioid addiction therapy in collaboration with, a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and who practices in a qualified practice setting. Directs the Comptroller General to initiate an evaluation of the effectiveness of this Act, including an evaluation of: (1) changes in the availability and use of medication-assisted treatment for opioid addiction, (2) the quality of medication-assisted treatment programs, (3) diversion of opioid addiction treatment medication, and (4) changes in state or local policies and legislation relating to opioid addiction treatment. | {"src": "billsum_train", "title": "TREAT Act"} | 2,558 | 385 | 0.543847 | 1.635351 | 0.671737 | 3.913043 | 6.962319 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Timbers Battlefield, Fort
Meigs, and Fort Miamis National Historical Site Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the 185-acre Fallen Timbers Battlefield is the site of
the 1794 battle between General Anthony Wayne and a
confederation of Native American tribes;
(2) Fort Meigs was constructed in January 1813, following
the defeat of American troops commanded by James Winchester at
the battle of Frenchtown near Monroe, Michigan;
(3) British troops, led by General Henry Proctor, landed at
Fort Miamis in the spring of 1813 and attacked the fort twice,
without success;
(4) Fort Meigs State Memorial is located in Wood County,
Ohio, in the city of Perrysburg;
(5) Fort Miamis and the Fallen Timbers Battlefield are in
Lucas County, Ohio, in the city of Maumee;
(6) the 9-acre Fallen Timbers Battlefield Monument is
listed as a National Historic Landmark;
(7) in 1969, Fort Meigs was listed on the National Register
of Historic Places and designated as a National Historic
Landmark;
(8) Fort Miamis is listed in the National Register of
Historic Places as a historic site;
(9) in 1959, the Battle of Fallen Timbers was included in
the National Survey of Historic Sites and Buildings as 1 of 22
sites representing the ``Advance of the Frontier, 1763-1830'';
and
(10) in 1960, the Battle of Fallen Timbers was designated
as a National Historic Landmark.
(b) Purposes.--The purposes of this Act are--
(1) to recognize and preserve the 185-acre Fallen Timbers
Battlefield site;
(2) to formalize the linkage of the Fallen Timbers
Battlefield and Monument to Fort Miamis and Fort Meigs;
(3) to preserve and interpret United States military
history and Native American culture during the period from 1794
through 1813;
(4) to provide assistance to the State of Ohio, political
subdivisions of the State, and nonprofit organizations in the
State, in implementing the Stewardship Plan and developing
programs that will preserve and interpret the historical,
cultural, natural, recreational, and scenic resources of the
historical site; and
(5) to authorize the Secretary to provide technical
assistance to the State of Ohio, political subdivisions of the
State, and nonprofit organizations in the State (including the
Ohio Historical Society, the city of Maumee, the Maumee Valley
Heritage Corridor, the city of Toledo, and the Metropark
District of the Toledo Area) in implementing the Stewardship
Plan.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historical site.--The term ``historical site'' means
the Fallen Timbers Battlefield and Monument, Fort Meigs, and
Fort Miamis National Historical Site established by section 4.
(2) Management entity.--The term ``management entity''
means the Ohio Historical Society, the city of Maumee, the
Maumee Valley Heritage Corridor, the city of Toledo, the
Metropark District of the Toledo Area, and any other entity
designated by the Governor of Ohio.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Stewardship plan.--The term ``Stewardship Plan'' means
the management plan developed by the management entity.
(5) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, or other aid, other
than financial assistance, provided by the Secretary.
SEC. 4. FALLEN TIMBERS BATTLEFIELD, FORT MEIGS, AND FORT MIAMIS
NATIONAL HISTORICAL SITE.
(a) Establishment.--There is established in the State of Ohio the
Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National
Historical Site.
(b) Boundaries.--
(1) In general.--The historical site comprises the Fallen
Timbers 185-acre battlefield site and 9-acre battlefield
monument, the 66.2-acre Fort Meigs State Memorial site, and the
Fort Miamis site.
(2) Map.--The Secretary shall prepare a map of the
historical site, which shall be on file and available for
public inspection in the office of the Director of the National
Park Service.
(3) Fallen timbers site.--The Fallen Timbers site generally
comprises a 185-acre parcel northeast of U.S. 24, west of U.S.
23/I-475, south of the Norfolk and Western Railroad line, and
east of Jerome Road.
(4) Consent of local property owners.--No privately owned
property or property owned by a municipality shall be included
within the boundaries of the historical site unless the owner
of the property consents to the inclusion.
SEC. 5. WITHDRAWAL OF DESIGNATION.
(a) In General.--The historical site shall remain a National
historical site unless--
(1) the Secretary determines that--
(A) the use, condition, or development of the
historical site is incompatible with the purposes of
this Act; or
(B) the management entity of the historical site
has not made reasonable and appropriate progress in
preparing or implementing the Stewardship Plan for the
historical site; and
(2) after making a determination under paragraph (1), the
Secretary submits to Congress notification that the historical
site designation should be withdrawn.
(b) Public Hearing.--Before the Secretary makes a determination
under subsection (a)(1), the Secretary shall hold a public hearing in
the historical site.
(c) Time of Withdrawal of Designation.--
(1) Definition of legislative day.--In this subsection, the
term ``legislative day'' means any calendar day on which both
Houses of Congress are in session.
(2) Time period.--The withdrawal of the historical site
designation shall become final 90 legislative days after the
Secretary submits to Congress the notification under subsection
(a)(2).
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Technical assistance.--
(A) In general.--The Secretary may provide
technical assistance regarding the Stewardship Plan and
its implementation to the State of Ohio, a political
subdivision of the State, a nonprofit organization in
the State, or any other person on a request by the
management entity.
(B) Prohibition of certain requirements.--The
Secretary may not, as a condition of the award of
technical assistance under this section, require any
recipient of the technical assistance to enact or
modify land use restrictions.
(C) Determinations regarding assistance.--
(i) Decision by secretary.--The Secretary
shall decide if the historical site shall be
awarded technical assistance and the amount, if
any, of the assistance.
(ii) Standard.--A decision under clause (i)
shall be based on the degree to which the
historical site effectively fulfills the
objectives contained in the Stewardship Plan
and achieves the purposes of this Act.
(2) Development of Stewardship Plan.--The Secretary may
assist in development of the Stewardship Plan.
(3) Provision of information.--In cooperation with other
Federal agencies, the Secretary shall provide the public with
information regarding the location and character of the
historical site.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting an activity directly affecting the historical site shall
consider the potential effect of the activity on the Stewardship Plan
and shall consult with the management entity of the historical site
with respect to the activity to minimize the adverse effects of the
activity on the historical site.
SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) No Effect on Authority of Governments.--Nothing in this Act
modifies, enlarges, or diminishes the authority of any Federal, State,
or local government to regulate the use of land by law (including
regulations).
(b) No Zoning or Land Use Powers.--Nothing in this Act grants any
power of zoning or land use control to the management entity of the
historical site.
(c) No Effect On Local Authority or Private Property.--Nothing in
this Act affects or authorizes the management entity to interfere
with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Ohio or a political subdivision of the State.
SEC. 8. FISHING, TRAPPING, AND HUNTING.
(a) No Diminishment of State Authority.--Establishment of the
historical site does not diminish the authority of the State to manage
fish and wildlife, including the regulation of fishing, hunting, and
trapping in the historical site.
(b) No Conditioning of Approval and Assistance.--Neither the
Secretary nor any other Federal agency may make a limitation on
fishing, hunting, or trapping--
(1) a condition of the determination of eligibility for
assistance under this Act; or
(2) a condition for the receipt, in connection with the
historical site, of any other form of assistance from the
Secretary or the agency, respectively. | Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site in Ohio.
Withdraws the Site from such designation if the Secretary of the Interior determines and notifies the Congress that: (1) its use, condition, or development is incompatible with the purposes of this Act; or (2) its management entity has not made reasonable and appropriate progress in preparing or implementing the Stewardship Plan for the Site.
Authorizes the Secretary to: (1) provide technical assistance regarding such Plan and its implementation to Ohio, such State's political subdivision, nonprofit organization, or any other person on a request by the management entity; and (2) assist in the Plan's development.
Prohibits: (1) as a condition of such technical assistance, the Secretary from requiring any recipient to enact or modify land use restrictions; and (2) the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act. | {"src": "billsum_train", "title": "Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act"} | 2,040 | 246 | 0.640387 | 2.173378 | 0.795186 | 4.031674 | 8.217195 | 0.936652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Housing Tax Credit Act of
2005''.
SEC. 2. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL
HOMEBUYERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following:
``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL
HOMEBUYERS.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in a rural area during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the
lesser of--
``(1) 10 percent of the purchase price of the residence, or
``(2) $5,000.
``(b) Limitations.--
``(1) Limitation based on adjusted gross income.--
``(A) In general.--The amount allowed as a credit
under subsection (a) for any taxable year shall be
reduced (but not below zero) by the amount which bears
the same ratio to such amount as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $30,000 ($60,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(2) Limitation based on amount of tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.
``(3) Married individuals filing jointly.--In the case of a
husband and wife who file a joint return, the credit under this
section is allowable only if the residence is a qualified
residence with respect to both the husband and wife, and the
amount specified under subsection (a)(2) shall apply to the
joint return.
``(4) Married individuals filing separately.--In the case
of a married individual filing a separate return, subsection
(a)(2) shall be applied by substituting `$2,500' for `$5,000'.
``(5) Other taxpayers.--If 2 or more individuals who are
not married purchase a qualified residence, the amount of the
credit allowed under subsection (a) shall be allocated among
such individuals in such manner as the Secretary may prescribe,
except that the total amount of the credits allowed to all such
individuals shall not exceed $5,000.
``(c) Definitions.--For purposes of this section--
``(1) Rural area.--The term `rural area' has the meaning
given such term by section 520 of the Housing Act of 1949.
``(2) First-time homebuyer.--The term `first-time
homebuyer' has the meaning given such term by section
72(t)(8)(D)(i).
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(4) Purchase and purchase price.--The terms `purchase'
and `purchase price' have the meanings provided by section
1400C(e).
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation imposed by
subsection (b)(2) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section), such
excess shall be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year.
``(e) Reporting.--If the Secretary requires information reporting
under section 6045 by a person described in subsection (e)(2) thereof
to verify the eligibility of taxpayers for the credit allowable by this
section, the exception provided by section 6045(e)(5) shall not apply.
``(f) Recapture of Credit in Case of Certain Sales.--
``(1) In general.--Except as provided in paragraph (5), if
the taxpayer--
``(A) fails to use a qualified residence as the
principal residence of the taxpayer, or
``(B) disposes of a qualified residence,
with respect to the purchase of which a credit was allowed
under subsection (a) at any time within 5 years after the date
the taxpayer acquired the property, then the tax imposed under
this chapter for the taxable year in which the disposition
occurs is increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the applicable recapture percentage of the
amount of the credit allowed to the taxpayer under this
section, plus
``(B) interest at the overpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable
recapture
``If the sale occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 80
Year 3............................... 60
Year 4............................... 40
Year 5............................... 20
Years 6 and thereafter............... 0.
``(B) Years.--For purposes of subparagraph (A),
year 1 shall begin on the first day of the taxable year
in which the purchase of the qualified residence
described in subsection (a) occurs.
``(4) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under this chapter or for purposes of section 55.
``(5) Death of owner; casualty loss; involuntary
conversion; etc.--The provisions of paragraph (1) do not apply
to--
``(A) a disposition of a qualified residence made
on account of the death of any individual having a
legal or equitable interest therein occurring during
the 5-year period to which reference is made under
paragraph (1),
``(B) a disposition of the old qualified residence
if it is substantially or completely destroyed by a
casualty described in section 165(c)(3) or compulsorily
or involuntarily converted (within the meaning of
section 1033(a)), or
``(C) a disposition pursuant to a settlement in a
divorce or legal separation proceeding where the
qualified residence is sold or the other spouse retains
such residence.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of such Code (relating
to general rule for adjustments to basis) is amended by
striking ``and'' at the end of paragraph (30), by striking the
period at the end of paragraph (31) and inserting ``, and'',
and by adding at the end the following new paragraph:
``(32) in the case of a residence with respect to which a
credit was allowed under section 25C, to the extent provided in
section 25C(g).''.
(2) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25C'' after ``this section''.
(3) Section 24(b)(3)(B) of such Code is amended by striking
``23 and 25B'' and inserting ``23, 25B, and 25C''.
(4) Section 25(e)(1)(C) of such Code is amended by
inserting ``25C'' after ``25B''.
(5) Section 25B of such Code is amended by striking
``section 23'' and inserting ``sections 23 and 25C''.
(6) Section 26(a)(1) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(7) Section 904(i) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(8) Section 1400C(d) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25C''.
(9) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
before the item relating to section 26 the following:
``Sec. 25C. Purchase of principal residences by first-time rural
homebuyers.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b)(9) shall apply to purchases after the date of the enactment
of this Act, in taxable years ending after such date.
(2) Subsection (b).--
(A) The amendments made by subsection (b) (other
than paragraph (9) thereof) shall apply to taxable
years beginning after December 31, 2005.
(B) In the case of taxable years beginning before
January 1, 2006, for purposes of applying the
provisions of subpart A of part IV of subchapter A of
chapter 1 of such Code relating to limitations based on
amount of tax and carryovers of credit and of section
904(i)--
(i) section 25C(b)(2) of such Code, as
added by subsection (a), shall not apply, and
(ii) section 25C of such Code (as so added)
shall be stacked after section 23 of such Code. | Rural Housing Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit (the lesser of ten percent of the purchase price or $5,000) for the purchase of a principal residence in a rural area by a first-time homebuyer. Limits the amount of such credit based on taxpayer modified adjusted gross income.
Requires the recapture of credit amounts if a taxpayer fails to use a residence for which a tax credit is allowed as a principal residence or sells such residence within five years of purchase. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a first time homebuyer credit for the purchase of principal residences located in rural areas."} | 2,397 | 123 | 0.6001 | 1.483386 | 0.649442 | 2.693069 | 21.465347 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Information Technology
Accountability Act''.
SEC. 2. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION TECHNOLOGY.
(a) Duties and Responsibilities of Internal Revenue Service Chief
Information Officer.--Section 7803 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Internal Revenue Service Chief Information Officer.--
``(1) In general.--There shall be in the Internal Revenue
Service an Internal Revenue Service Chief Information Officer
(hereafter referred to in this subsection as the `IRS CIO') who
shall be appointed by the Commissioner of Internal Revenue
after consultation with the Chief Information Officer of the
Department of the Treasury.
``(2) Centralized responsibility for internal revenue
service information technology.--The Commissioner of Internal
Revenue (and the Secretary) shall act through the IRS CIO with
respect to all development, implementation, and maintenance of
information technology for the Internal Revenue Service. Any
reference in this subsection to the IRS CIO which directs the
IRS CIO to take any action, or to assume any responsibility,
shall be treated as a reference to the Commissioner of Internal
Revenue acting through the IRS CIO.
``(3) General duties and responsibilities.--The IRS CIO
shall--
``(A) be responsible for the development,
implementation, and maintenance of information
technology for the Internal Revenue Service,
``(B) ensure that the information technology of the
Internal Revenue Service is secure and integrated,
``(C) maintain operational control of all
information technology for the Internal Revenue
Service,
``(D) be the principal advocate for the information
technology needs of the Internal Revenue Service, and
``(E) consult with the Chief Procurement Officer of
the Internal Revenue Service to ensure that the
information technology acquired for the Internal
Revenue Service is consistent with--
``(i) the goals and requirements specified
in subparagraphs (A) through (D), and
``(ii) the strategic plan developed under
paragraph (4).
``(4) Strategic plan.--
``(A) In general.--The IRS CIO shall develop and
implement a multiyear strategic plan for the
information technology needs of the Internal Revenue
Service. Such plan shall--
``(i) include performance measurements of
such technology and of the implementation of
such plan,
``(ii) include a plan for an integrated
enterprise architecture of the information
technology of the Internal Revenue Service,
``(iii) include and take into account the
resources needed to accomplish such plan, and
``(iv) align with the needs and strategic
plan of the Internal Revenue Service.
``(B) Plan updates.--The IRS CIO shall, not less
frequently than annually, review and update the
strategic plan under subparagraph (A) (including the
plan for an integrated enterprise architecture
described in subparagraph (A)(ii)) to take into account
the development of new information technology and the
needs of the Internal Revenue Service.
``(5) Scope of authority.--
``(A) Information technology.--For purposes of this
subsection, the term `information technology' has the
meaning given such term by section 11101 of title 40,
United States Code.
``(B) Internal revenue service.--Any reference in
this subsection to the Internal Revenue Service
includes a reference to all components of the Internal
Revenue Service, including--
``(i) the Office of the Taxpayer Advocate,
and
``(ii) except as otherwise provided by the
Secretary with respect to information
technology related to matters described in
subsection (b)(3)(B), the Office of the Chief
Counsel.''.
(b) Independent Verification and Validation of the Customer Account
Data Engine 2 and Enterprise Case Management System.--The Commissioner
of Internal Revenue shall enter into a contract with an independent
reviewer to verify and validate the implementation plans (including the
performance milestones and cost estimates included in such plans)
developed for the Customer Account Data Engine 2 and the Enterprise
Case Management System. Such contract shall require that such
verification and validation be completed not later than the date which
is 1 year after the date of the enactment of this Act.
(c) Coordination of IRS CIO and Chief Procurement Officer of the
Internal Revenue Service.--
(1) In general.--The Chief Procurement Officer of the
Internal Revenue Service shall--
(A) identify all significant IRS information
technology acquisitions and provide written
notification to the Internal Revenue Service Chief
Information Officer of each such acquisition in advance
of such acquisition, and
(B) regularly consult with the Internal Revenue
Service Chief Information Officer regarding
acquisitions of information technology for the Internal
Revenue Service, including meeting with the Internal
Revenue Service Chief Information Officer regarding
such acquisitions upon request.
(2) Significant irs information technology acquisitions.--
For purposes of this subsection, the term ``significant IRS
information technology acquisitions'' means--
(A) any acquisition of information technology for
the Internal Revenue Service in excess of $1,000,000,
and
(B) such other acquisitions of information
technology for the Internal Revenue Service (or
categories of such acquisitions) as the Internal
Revenue Service Chief Information Officer, in
consultation with the Chief Procurement Officer of the
Internal Revenue Service, may identify.
(3) Scope.--Terms used in this subsection which are also
used in section 7803(e) of the Internal Revenue Code of 1986
(as amended by subsection (a)) shall have the same meaning as
when used in such section. | IRS Information Technology Accountability Act This bill amends the Internal Revenue Code to establish the position of Internal Revenue Service (IRS) Chief Information Officer (CIO) to be responsible for the development, implementation, and maintenance of information technology for the IRS. The duties and responsibilities of the CIO include: ensuring that the information technology is secure and integrated, maintaining operational control of the information technology, being the principal advocate for the information technology needs of the IRS, developing and implementing a multiyear strategic plan for IRS information technology needs, and consulting with the IRS Chief Procurement Officer to ensure that requirements of this bill and the strategic plan are met. The IRS must enter into a contract with an independent reviewer to verify and validate the implementation plans developed for the Customer Account Data Engine 2 and the Enterprise Case Management System. The IRS Chief Procurement Officer must identify all significant IRS information technology acquisitions and notify the CIO before the acquisitions. The officer must also regularly consult with the CIO regarding acquisitions of IRS information technology. | {"src": "billsum_train", "title": "IRS Information Technology Accountability Act"} | 1,194 | 214 | 0.671556 | 1.810838 | 0.975913 | 3.515 | 5.73 | 0.875 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Indian Health Care
Improvement Technical Corrections Act of 1996''.
(b) References.--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 Indian Health Care Improvement Act.
SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT
ACT.
(a) Definition of Health Profession.--Section 4(n) (25 U.S.C.
1603(n)) is amended--
(1) by inserting ``allopathic medicine,'' before ``family
medicine''; and
(2) by striking ``and allied health professions'' and
inserting ``an allied health profession, or any other health
profession''.
(b) Indian Health Professions Scholarships.--Section 104(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking the matter preceding clause
(i) and inserting the following:
``(3)(A) The active duty service obligation under a written
contract with the Secretary under section 338A of the Public Health
Service Act (42 U.S.C. 254l) that an individual has entered into under
that section shall, if that individual is a recipient of an Indian
Health Scholarship, be met in full-time practice, by service--'';
(ii) by striking ``or'' at the end of
clause (iii);
(iii) by striking the period at the end of
clause (iv) and inserting ``; or''; and
(iv) by adding at the end the following new
clause:
``(v) in an academic setting (including a program that
receives funding under section 102, 112, or 114, or any other
academic setting that the Secretary, acting through the
Service, determines to be appropriate for the purposes of this
clause) in which the major duties and responsibilities of the
recipient are the recruitment and training of Indian health
professionals in the discipline of that recipient in a manner
consistent with the purpose of this title, as specified in
section 101.'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) At the request of any individual who has entered into a
contract referred to in subparagraph (A) and who receives a degree in
medicine (including osteopathic or allopathic medicine), dentistry,
optometry, podiatry, or pharmacy, the Secretary shall defer the active
duty service obligation of that individual under that contract, in
order that such individual may complete any internship, residency, or
other advanced clinical training that is required for the practice of
that health profession, for an appropriate period (in years, as
determined by the Secretary), subject to the following conditions:
``(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period of
obligated service that is required under this section.
``(ii) The active duty service obligation of that
individual shall commence not later than 90 days after the
completion of that advanced clinical training (or by a date
specified by the Secretary).
``(iii) The active duty service obligation will be served
in the health profession of that individual, in a manner
consistent with clauses (i) through (v) of subparagraph (A).'';
(D) in subparagraph (C), as so redesignated, by
striking ``prescribed under section 338C of the Public
Health Service Act (42 U.S.C. 254m) by service in a
program specified in subparagraph (A)'' and inserting
``described in subparagraph (A) by service in a program
specified in that subparagraph''; and
(E) in subparagraph (D), as so redesignated--
(i) by striking ``Subject to subparagraph
(B),'' and inserting ``Subject to subparagraph
(C),''; and
(ii) by striking ``prescribed under section
338C of the Public Health Service Act (42
U.S.C. 254m)'' and inserting ``described in
subparagraph (A)'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking the matter
preceding clause (i) and inserting the following:
``(B) the period of obligated service described in
paragraph (3)(A) shall be equal to the greater of--''; and
(B) in subparagraph (C), by striking ``(42 U.S.C.
254m(g)(1)(B))'' and inserting ``(42 U.S.C.
254l(g)(1)(B))''; and
(3) in paragraph (5), by adding at the end the following
new subparagraphs:
``(C) Upon the death of an individual who receives an Indian Health
Scholarship, any obligation of that individual for service or payment
that relates to that scholarship shall be canceled.
``(D) The Secretary shall provide for the partial or total waiver
or suspension of any obligation of service or payment of a recipient of
an Indian Health Scholarship if the Secretary determines that--
``(i) it is not possible for the recipient to meet that
obligation or make that payment;
``(ii) requiring that recipient to meet that obligation or
make that payment would result in extreme hardship to the
recipient; or
``(iii) the enforcement of the requirement to meet the
obligation or make the payment would be unconscionable.
``(E) Notwithstanding any other provision of law, in any case of
extreme hardship or for other good cause shown, the Secretary may
waive, in whole or in part, the right of the United States to recover
funds made available under this section.
``(F) Notwithstanding any other provision of law, with respect to a
recipient of an Indian Health Scholarship, no obligation for payment
may be released by a discharge in bankruptcy under title 11, United
States Code, unless that discharge is granted after the expiration of
the 5-year period beginning on the initial date on which that payment
is due, and only if the bankruptcy court finds that the nondischarge of
the obligation would be unconscionable.''.
(c) Reimbursement From Certain Third Parties of Costs of Health
Services.--Section 206 (16 U.S.C. 1621e) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Except as provided'' and
inserting ``(a) Right of Recovery.--Except as
provided'';
(ii) by striking ``the reasonable expenses
incurred'' and inserting ``the reasonable
charges billed'';
(iii) by striking ``in providing'' and
inserting ``for providing''; and
(iv) by striking ``for such expenses'' and
inserting ``for such charges''; and
(B) in paragraph (2), by striking ``such expenses''
each place it appears and inserting ``such charges'';
(2) in subsection (b), by striking ``(b) Subsection (a)''
and inserting ``(b) Recovery Against State With Workers'
Compensation Laws or No-Fault Automobile Accident Insurance
Program.--Subsection (a)'';
(3) in subsection (c), by striking ``(c) No law'' and
inserting ``(c) Prohibition of State Law or Contract Provision
Impediment to Right of Recovery.--No law'';
(4) in subsection (d), by striking ``(d) No action'' and
inserting ``(d) Right to Damages.--No action'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``(e) The United States'' and inserting ``(e)
Intervention or Separate Civil Action.--The United
States''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) while making all reasonable efforts to provide notice
of the action to the individual to whom health services are
provided prior to the filing of the action, instituting a civil
action.'';
(6) in subsection (f), by striking ``(f) The United
States'' and inserting ``(f) Services Covered Under a Self-
Insurance Plan.--The United States''; and
(7) by adding at the end the following new subsections:
``(g) Costs of Action.--In any action brought to enforce this
section, the court shall award any prevailing plaintiff costs,
including attorneys' fees that were reasonably incurred in that action.
``(h) Right of Recovery for Failure To Provide Reasonable
Assurances.--The United States, an Indian tribe, or a tribal
organization shall have the right to recover damages against any
fiduciary of an insurance company or employee benefit plan that is a
provider referred to in subsection (a) who--
``(1) fails to provide reasonable assurances that such
insurance company or employee benefit plan has funds that are
sufficient to pay all benefits owed by that insurance company
or employee benefit plan in its capacity as such a provider; or
``(2) otherwise hinders or prevents recovery under
subsection (a), including hindering the pursuit of any claim
for a remedy that may be asserted by a beneficiary or
participant covered under subsection (a) under any other
applicable Federal or State law.''.
(d) California Contract Health Services Demonstration Program.--
Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(e) Medicare and Medicaid Demonstration Program.--Section 405(c)
(25 U.S.C. 1645(c)) is amended--
(1) in paragraph (1)(D), by striking ``prior to October 1,
1990'' and inserting ``on or before the date which is 1 year
after the date of submission of the plan''; and
(2) in paragraph (2)--
(A) by striking ``, prior to October 1, 1989,
select no more than 4'' and inserting ``select no more
than 12''; and
(B) by striking ``September 30, 1996'' and
inserting ``September 30, 2000''.
(f) Gallup Alcohol and Substance Abuse Treatment Center.--Section
706(d) (25 U.S.C. 1665e(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of fiscal years 1996 through 2000, such sums as
may be necessary to carry out subsection (b).''.
(g) Substance Abuse Counselor Education Demonstration Program.--
Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(h) Home and Community-Based Care Demonstration Program.--Section
821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995,
1996, and 1997'' and inserting ``1996 through 2000''. | Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act, including revisions concerning: (1) the deferral of a health professional's active duty service obligation; and (2) the right of recovery against an insurance company for failure to provide reasonable assurances.
Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Medicare and Medicaid Demonstration Program; (3) Gallup Alcohol and Substance Abuse Center; (4) Substance Abuse Counselor Education Demonstration Program; and (5) Home and Community-Based Care Demonstration Program. | {"src": "billsum_train", "title": "Indian Health Care Improvement Technical Corrections Act of 1996"} | 2,707 | 144 | 0.444806 | 1.246499 | 0.722756 | 3.073171 | 19.227642 | 0.894309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forests Rehabilitation and
Recovery Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In enacting the Healthy Forest Restoration Act of 2003
(Public Law 108-148; 16 U.S.C. 6501 et seq.), Congress clearly
recognized the priority of reducing wildfire risks to
communities through active hazardous fuels reduction treatment
of adjacent forested Federal lands.
(2) Because of funding limitations, the Secretary of
Agriculture and the Secretary of the Interior have been unable
to fully implement the necessary hazardous fuels reductions
anticipated by the Healthy Forest Restoration Act of 2003, and
many communities in the vicinity of forested Federal lands
remain at risk for wildland fire.
(3) The Secretary of Agriculture and the Secretary of the
Interior should increase efforts to prioritize and aggressively
pursue hazardous fuel reduction in communities at risk in the
wildland-urban interface.
(4) Many communities are still at risk from unnatural
accumulation of fuels, and, for such at-risk communities, it is
important to pro-actively consider scenarios for the
rehabilitation of Federal land near these communities, should
an uncharacteristic disturbance occur.
(5) While significant scientific research exists on the
short-term and long-term impacts of vegetative removal
following a fire, it is essential to test various approaches to
post-disturbance management to determine whether and how trees
of commercial value can be removed during the post-disturbance
period while ensuring the best and fastest recovery to a
resilient state that will ensure long-term protection for both
forest ecosystems and forest communities.
(6) Community collaboration has shown great promise in
resolving controversial issues prior to, and as part of, the
process required under the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.), and the Healthy Forest
Restoration Act of 2003 recognized the promise of collaboration
by encouraging the development of community wildfire protection
plans.
(7) It is important to promote pro-active planning and
collaboration to accelerate the approval of restoration
projects following wildland fire or other uncharacteristic
disturbance events.
SEC. 3. DEFINITIONS.
In this section:
(1) Collaboration.--The term ``collaboration'' means an
inclusive and open process of bringing together interested
persons, including local elected officials, State and Federal
agencies, and emergency responders, to develop a consensus on a
particular natural resource issue.
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forest Restoration
Act of 2003 (16 U.S.C. 6511(3)), which is further described by
the Western Governors Association in the document entitled
``Preparing a Community Wildfire Protection Plan: A Handbook
for Wildland-Interface Communities'' and dated March 2004.
(3) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(4) Federal land forest community.--The term ``Federal land
forest community'' means a town, city, county, Indian tribe, or
collaborative group--
(A) located adjacent to (or, in the case of a
county, containing) Federal land; and
(B) whose residents (or, in the case of an Indian
tribe or collaborative group, whose members) have a
history of deriving income and employment from
recreation, grazing, timber harvesting, or other
activities involving Federal land.
(5) Inventoried roadless area.--The term ``Inventoried
roadless area'' means one of the areas identified in the set of
inventoried roadless areas maps contained in the Forest Service
Roadless Areas Conservation, Final Environmental Impact
Statement, Volume 2, dated November 2000.
(6) Pilot project.--The term ``pilot project'' means one of
the post-disturbance rehabilitation pilot projects authorized
by this Act.
(7) Pilot project site.--The term ``pilot project site''
means an area of Federal land designated by the Secretary
concerned under section 4 as a location in which a pilot
project will be carried out.
(8) Post-disturbance.--The term ``Post-disturbance'' means
a period of three years immediately following an
uncharacteristic disturbance.
(9) Rehabilitation plan.--The term ``rehabilitation plan''
means a plan developed under section 5 to address the post-
disturbance rehabilitation of a pilot project site.
(10) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
land of the National Forest System described in
paragraph (3)(A); and
(B) the Secretary of the Interior, with respect to
public lands described in paragraph (3)(B).
(11) Uncharacteristic disturbance.--The term
``uncharacteristic disturbance'' means a relatively discrete
event, such as forest fire, insect infestation, or hurricane,
that significantly alters the structure, composition, function,
or successional trajectory of an ecological system.
SEC. 4. POST-DISTURBANCE REHABILITATION PILOT PROJECTS FOR FEDERAL LAND
FOREST COMMUNITIES.
(a) Establishment.--On the basis of applications submitted by
Federal land forest communities, the Secretary of Agriculture and the
Secretary of the Interior may each establish not more than five post-
disturbance rehabilitation pilot projects involving Federal land for
the purpose of encouraging post-disturbance rehabilitation of the pilot
project site in a manner that--
(1) reflects the common ground identified by diverse
interests within a Federal land forest community;
(2) restores the forest ecosystem health and diversity of
the pilot project site; and
(3) will benefit the Federal land forest community.
(b) Application Process.--Not later than 60 days after the date of
the enactment of this Act, the Secretary concerned shall develop an
application process by which Federal land forest communities may seek
the designation of an area of Federal land as a pilot project site for
use of the authorities provided by this Act.
(c) Eligibility Criteria.--An area of Federal land must satisfy at
least one of the following criteria before the Secretary concerned may
designate the area as a pilot project site:
(1) The area is covered by a community wildfire protection
plan or a collaborative working group or infrastructure, in
existence as of the date of the enactment of this Act.
(2) Federal lands that are demonstrably at serious risk
from the impacts of uncharacteristically intense wildland fire,
a severe blow down, or other catastrophic events, such as
hurricanes with associated windfall, beyond the range of
historic variability.
(3) The area is in the vicinity of a Federal land forest
community or communities that have worked to address forest
health across land ownership types.
(4) The area is adjacent to, or intermingled with,
communities, and the area has had an unnatural buildup of fuels
due to a long history of fire suppression or has become an
unnatural ecosystem due to past management practices.
(d) Special Consideration for Eligibility for Pilot Projects.--In
evaluating the application submitted by a Federal land forest community
for the designation of a pilot project site, the Secretary concerned
shall give special consideration to the following:
(1) Documented support for the application from a diversity
of interested persons in the community.
(2) The community has a proven track record of working in a
collaborative manner to resolve natural resource issues.
(3) The community has worked to address forest health
issues through comprehensive watershed assessments.
(4) The community, or entities in the community, are
already receiving grants or working with the Secretary of
Agriculture through one or more programs under the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.).
(e) Exclusion of Certain Federal Land.--Notwithstanding subsection
(c), the following Federal land may not be included within a pilot
project site:
(1) Federal land containing old growth forest or late
successional forest.
(2) Federal land on which the removal of vegetation is
prohibited, including components of the National Wilderness
Preservation System.
(3) Wilderness Study Areas.
(4) Inventoried roadless areas.
(5) Federal land included in a land allocation made by an
Act of Congress or the Secretary concerned for the special
protection of natural, historical, cultural, recreational, or
other public values and regarding which trees located on the
land is not scheduled to contribute to the regular timber sale
program
(f) Acreage Limitations.--A pilot project site may not exceed
10,000 acres. The total acreage encompassed by all pilot project sites
designated by the Secretary concerned may not exceed 50,000 acres.
(g) Duration of Designation Authority.--The authority of the
Secretary concerned to designate pilot project sites expires at the end
of the three-year period beginning on the date of the enactment of this
Act. The expiration of such authority shall not affect the use of the
authorities provided by this Act in pilot project sites designated
before the end of such period.
SEC. 5. POST-DISTURBANCE REHABILITATION PLAN FOR DESIGNATED FEDERAL
LAND FOREST COMMUNITIES.
(a) Plan Required.--
(1) Development of plan.--Once an area of Federal land is
designated as a pilot project site, the Federal land forest
community that applied for the designation of the pilot project
site shall develop and submit to the Secretary concerned a plan
to address post-disturbance rehabilitation of the pilot project
site, whether the uncharacteristic disturbance is caused by a
wildfire or nonfire-related uncharacteristic disturbance event.
(2) Community wildfire protection plan amendment.--If an
area of Federal land designated as a pilot project site is
already covered by a community wildfire protection plan, the
rehabilitation plan may be developed as an amendment to the
community wildfire protection plan.
(3) Addressing non-fire-related disturbance events.--A
rehabilitation plan intended to address nonfire-related
uncharacteristic disturbance events shall be developed in
accordance with the direction provided for community wildfire
protection plans pursuant to the Healthy Forest Restoration Act
of 2003.
(b) Technical and Financial Assistance.--The Secretary concerned
may provide technical and financial assistance to Federal land forest
communities to assist in their efforts to develop a rehabilitation plan
or amend a community wildfire protection plan to include a
rehabilitation plan.
(c) Contents of Plan.--A rehabilitation plan, whether developed as
an amendment to a community wildfire protection plan or as a separate
plan, shall specifically address the following:
(1) Any anticipated temporary road use or road
decommissioning.
(2) Reducing the standing dead hazardous fuels and surface
hazardous fuels to levels described in the existing land
management plan or returning the area to a condition class 1 or
2 fire regime.
(3) Measures for protection of fragile soils and
rehabilitation of soil integrity.
(4) Water quality and quantity protection and restoration.
(5) Wildlife and fish habitat and restoration.
(6) Management to prevent adverse impacts to soils and
wildlife and fish habitat.
(7) Guidance directing projects to avoid steep slopes and
erosion-prone areas.
(8) Utilization and marketing of material removed to ensure
economic benefit to the Federal land forest community.
(9) Replanting needs, with an emphasis on native
vegetation.
(d) Fire Planning, Grazing, and Tree Removal.--
(1) Fire planning.--To be considered to adequately address
fire planning, post disturbance rehabilitation projects under a
rehabilitation plan must conform to the strategic restoration
objectives provided by the applicable Fire Management Plan.
(2) Grazing.--To be considered to adequately address
grazing, the rehabilitation plan for a pilot project site must
design and adjust allotment management plans (including grazing
deferrals) to optimize recovery of a disturbed area.
(3) Tree removal.--If standing trees are proposed for
removal at a pilot project site, the rehabilitation plan for
the site shall--
(A) focus on small diameter trees and thinning from
below;
(B) maximize the retention of legacy trees to
promote recovery of a natural composition of native
plant and wildlife species; and
(C) vary treatment intensities, and avoid even-aged
management, to ensure forest health
(e) Expedited Consideration of Rehabilitation Plan and
Uncharacteristic Disturbance Responses.--
(1) Response to uncharacteristic disturbance.--After an
uncharacteristic disturbance occurs on a pilot project site
that is covered by a rehabilitation plan accepted by the
Secretary concerned, and at the request of the Federal land
forest community that developed the redevelopment plan, the
Secretary concerned shall initiate a process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for
the purpose of deciding what, if any, management activities to
take to respond to the uncharacteristic disturbance.
(2) Scoping; preferred alternative.--Development of a
qualifying rehabilitation plan is considered to meet the
scoping requirements of the National Environmental Policy Act
of 1969. Among those alternatives considered in the process
initiated under such Act, the rehabilitation plan shall be
proposed (with any necessary refinement) as the preferred
alternative.
(3) Environmental documentation.--To the extent
practicable, the Secretary concerned shall make the
environmental documentation available to the public--
(A) within 60 days after the end of the
uncharacteristic disturbance; or
(B) in the case of an ongoing uncharacteristic
disturbance, such as an insect infestation, as soon as
practicable.
(4) Public comment.--The Secretary concerned shall provide
for a period of public comment of not less than--
(A) 30 days, in the case of an environmental
assessment; and
(B) 45 days, in the case of a draft environmental
impact statement or final environmental impact
statement.
(5) Record of decision.--The Secretary concerned shall
issue a record of decision not later than 30 days after the
close of the public comment period.
(6) Appeal.--To the extent practicable, decisions on
appeals should be made within 30 days.
(f) Independent Monitoring.--In order to have the most effective
projects within a pilot project site, projects shall have independent
third-party monitoring (or at the request of the Federal land forest
community, local level multi-party monitoring) to evaluate the impacts
of the post-disturbance rehabilitation work. A plan for monitoring
shall be established at the earliest stages of collaboration and shall
be incorporated into project design and implementation and shall be
linked to the participatory research efforts directed in this Act.
(g) Oversight Committee.--
(1) Establishment.--The Secretary concerned shall establish
a national oversight committee to provide independent
scientific and socio-economic monitoring of the pilot projects
and activities carried out at the pilot project sites.
(2) Membership.--The national oversight committee shall be
set up under the auspices of the National Academy of Sciences
and shall consist of five members who are scientists with
expertise in evaluating the biological, ecological,
hydrogeological, and socioeconomic components of the pilot
projects.
(3) Accountability.--The oversight committee shall conduct
independent scientific and socio-economic monitoring under
subsection (f) and submit reports to Congress on the short- and
long-term results of the pilot project. Specifically, the
reports should evaluate improvements in forest diversity, soil
stability, reduction of fire risk, and local economic
indicators.
(h) Reports of Federal Land Forest Community.--The Federal land
forest community that applied for the designation of an approved pilot
project site shall submit to the national oversight committee two
reports regarding the results of the pilot project for that pilot
project site. An initial report shall be submitted at the halfway point
of their pilot project and a final report shall be submitted at the end
of their pilot project. | National Forests Rehabilitation and Recovery Act of 2005 - Authorizes the Secretary of Agriculture and the Secretary of the Interior to each, from applications submitted by federal land forest communities (communities), establish up to five post-disturbance pilot projects involving federal land near such communities. Requires that, once an area is designated as a pilot project site, the community that applied for such designation shall develop and submit to the Secretary concerned a plan to address post-disturbance rehabilitation of the project site, whether the uncharacteristic disturbance of the federal land is caused by a wildfire or a nonfire-related event. Authorizes the Secretary concerned to provide technical and financial assistance to communities to assist their efforts to develop a rehabilitation plan or to amend a community wildfire protection plan to include a rehabilitation plan. Provides for expedited rehabilitation activities following uncharacteristic disturbances at project sites.
Directs the Secretary concerned to establish a national oversight committee to provide independent scientific and socioeconomic monitoring of the pilot projects and activities carried out at project sites. | {"src": "billsum_train", "title": "To authorize the Forest Service and the Bureau of Land Management to carry out a series of pilot projects to encourage collaborative approaches to, and to provide research on, the rehabilitation of forest ecosystem health following uncharacteristic disturbances of forested Federal lands, to be conducted in a manner that protects wildlife habitat, water quality, and forest resiliency while also promoting social and economic opportunities in nearby communities, and for other purposes."} | 3,528 | 226 | 0.546831 | 1.584548 | 0.785949 | 4.478947 | 17.278947 | 0.963158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Quality
Assurance Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Veterans Affairs administers the
largest health care network in the United States, including 172
hospitals, 73 home care programs, more than 800 community-based
outpatient clinics, and numerous other specialized care
facilities.
(2) There are approximately 25,000,000 veterans in the
United States, including approximately 19,300,000 veterans of a
period of war.
(3) The number of veterans seeking medical care in
Department medical facilities is increasing nationwide.
(4) The medical caseload of the Department in fiscal year
2000 was expected to total approximately 3,800,000 cases, an
increase of 185,000 cases from fiscal year 1999. The medical
caseload of the Department is further expected to increase to
3,900,000 cases in fiscal year 2001. In fiscal year 2001,
outpatient visits to Department facilities are expected to
increase by 2,600,000 visits to approximately 40,400,000
visits.
(5) The average age of veterans is increasing. The increase
in the average age of veterans is expected to result in
additional demands for health care services, including more
frequent and long-term health needs.
(6) The Department is attempting to meet increasing demand
for medical care without substantial increases in
appropriations, mainly through efforts to increase efficiency.
(7) The need to treat more veterans without substantial
increases in available resources has resulted in serious
concerns about the potential for loss of quality of care and of
patient satisfaction.
(8) Many of the regional networks and hospitals
administered by the Veterans Health Administration report that
timely access to high quality health care may be jeopardized by
inadequate funding.
SEC. 3. SENSE OF CONGRESS ON MAXIMIZATION AND EFFICIENT USE OF HEALTH
CARE RESOURCES BY THE DEPARTMENT OF VETERANS AFFAIRS.
It is the sense of Congress that the Secretary of Veterans Affairs
should--
(1) require the directors of the Department of Veterans
Affairs health care networks to systematically share
information on means of maximizing resources and increasing
efficiency without compromising quality of care and patient
satisfaction;
(2) require exchange and mentoring programs among and
between such networks in order to facilitate the sharing of
such information;
(3) provide incentives to such networks to increase
efficiency and meet uniform quality and patient satisfaction
goals; and
(4) institute a formal oversight process to ensure that--
(A) all such networks meet uniform efficiency
goals; and
(B) efforts to increase efficiency are equitable
between and among such networks and their facilities.
SEC. 4. QUALITY ASSURANCE AUDITS BY INSPECTOR GENERAL OF THE DEPARTMENT
OF VETERANS AFFAIRS.
Section 312 of title 38, United States Code, is amended by adding
at the end the following:
``(c)(1) In addition to the other responsibilities of the Inspector
General under this section, the Inspector General shall also conduct an
audit of the quality of health care furnished by each health care
network, and by each health care facility, of the Department.
``(2) Each audit under paragraph (1) shall measure the following:
``(A) The quality of health care furnished by the
Department.
``(B) The satisfaction of patients with the health care
furnished by the Department.
``(C) Resource and financial management.
``(D) The extent to which the funds allocated to health
care programs of the Department are adequate to support such
programs.
``(3) An audit shall be conducted under paragraph (1) for each
health care network, and for each health care facility, not less often
than once every three years.
``(4) The Inspector General may make such recommendations to the
Secretary regarding means of improving the quality of health care
furnished to veterans as the Inspector General considers appropriate as
a result of the audits under this subsection.''.
SEC. 5. INFORMATION ON EFFICIENCY, QUALITY, AND PATIENT SATISFACTION IN
PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Dissemination and Sharing of Information on Efficient Provision
of Health Care.--(1) The Secretary of Veterans Affairs, acting through
the Under Secretary for Health of the Department of Veterans Affairs,
shall provide for the dissemination and sharing within and among
Department of Veterans Affairs health care networks of information
designed to ensure that all Department medical care centers meet
uniform efficiency standards in the provision of health care to
veterans.
(2) The Secretary shall meet the requirement in paragraph (1)
through the publication of guidance materials and best practice
summaries and by such other means as the Secretary considers
appropriate.
(b) Efficiency Goals and Quality and Patient Satisfaction
Standards.--(1) The Secretary, acting through the Under Secretary for
Health, shall issue on an annual basis efficiency goals and quality and
patient satisfaction standards in the provision of health care to
veterans for each Department health care facility. The efficiency goals
and quality and patient satisfaction standards for each facility shall
be consistent with such goals and standards as the Secretary shall
establish for the Department as a whole.
(2)(A) The Secretary shall, on an annual basis, submit to Congress
a report on the extent to which each Department health care facility
met the efficiency goals and quality and patient satisfaction standards
for such facility under paragraph (1) during the preceding year.
(B) Each report under subparagraph (A) shall set forth a comparison
between the performance of each Department health care facility with
respect to the efficiency goals and quality and satisfaction standards
for such facility for the year involved and the average performance of
all Department health care facilities with respect to such goals and
standards for such year. The comparison shall be stated in a manner
which permits a clear and understandable comparison of the performance
of each facility with the average performance of all such facilities.
SEC. 6. OFFICE OF HEALTH CARE QUALITY ASSURANCE.
(a) Establishment.--(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following:
``Sec. 7324. Office of Health Care Quality Assurance
``(a) In General.--There shall be within the Department an office
to be known as the `Office of Health Care Quality Assurance' (in this
section referred to as the `Office'). The Office shall be located for
administrative purposes within the Office of the Under Secretary for
Health.
``(b) Director.--The head of the Office is the Director of Health
Care Quality Assurance.
``(c) Staff and Support.--The Under Secretary for Health shall
provide the Office with such staff and other support as may be
necessary for the Office to carry out effectively its functions under
this section.
``(d) Functions.--The functions of the Office are as follows:
``(1) To ensure the implementation of any recommendations
of the Inspector General of the Department as a result of
audits conducted by the Inspector General under section 312(c)
of this title.
``(2) To collect and ensure the dissemination of
information on initiatives, programs, policies, procedures,
strategies, and best practices that have been proven to
increase efficiency and resource utilization without
undermining quality or patient satisfaction in the furnishing
of health care to veterans.
``(3) To take such other actions relating to the assurance
of quality in the furnishing of health care by the Veterans
Health Administration as the Under Secretary for Health
considers appropriate.''.
(2) The table of sections at the beginning of chapter 73 of such
title is amended by inserting after the item relating to section 7323
the following new item:
``7324. Office of Health Care Quality Assurance.''.
(b) Placement in Office of Under Secretary for Health.--Section
7306(a) of title 38, United States Code, is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The Director of Health Care Quality Assurance, who
shall be responsible to the Under Secretary for Health for the
operation of the Office of Health Care Quality Assurance.''.
(c) Sense of Congress on Director as Advocate for Veterans.--It is
the sense of Congress that the Director of the Office of Health Care
Quality Assurance should act as an advocate for veterans in carrying
out activities under section 7324 of title 38, United States Code, as
added by subsection (a).
SEC. 7. REPORT ON EFFICIENCIES IN PROVISION OF HEALTH CARE BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on efficiencies in the furnishing of health care
to veterans in the health care networks and facilities of the
Department of Veterans Affairs.
(b) Elements.--The report shall include the following:
(1) A survey of each health care network of the Department,
including a summary of the efforts of each network to increase
efficiency in the furnishing of health care to veterans.
(2) An assessment of the extent to which such networks, and
the facilities within such networks, are or are not
implementing uniform, Department-wide policies to increase
efficiency in the furnishing of health care to veterans. | Veterans Health Care Quality Assurance Act of 2001 - Expresses the sense of Congress that the Secretary of Veterans Affairs should: (1) require the directors of the Department of Veterans Affairs health care networks to systematically share information on maximizing resources and increasing efficiency without compromising quality of care and patient satisfaction; (2) require exchange and mentoring programs to facilitate such sharing; (3) provide incentives to increase efficiency and meet quality and patient satisfaction goals; and (4) institute a formal oversight process to meet such goals.Requires the Department's Inspector General, at least every three years, to audit the quality of health care furnished by each Department health care network and facility.Directs the Secretary to provide for the dissemination and sharing with Department health care networks of information designed to ensure efficiency in the provision of health care to veterans, including efficiency goals and quality and patient satisfaction standards.Establishes within the Department the Office of Health Care Quality Assurance to ensure the establishment and implementation of efficiency goals and quality and patient satisfaction standards throughout the Department. Expresses the sense of Congress that the Office director should act as an advocate for veterans in receiving quality health care. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to enhance the assurance of efficiency, quality, and patient satisfaction in the furnishing of health care to veterans by the Department of Veterans Affairs, and for other purposes."} | 2,015 | 236 | 0.655254 | 1.903299 | 1.019018 | 5.217195 | 8.79638 | 0.954751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Servant Retirement Protection
Act''.
SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION PROVISION.
Paragraph (7) of section 215(a) of the Social Security Act (42
U.S.C. 415(a)(7)) is repealed.
SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A
FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH
NON-COVERED EMPLOYMENT.
(a) Substitution of Proportional Formula for Formula Based on
Covered Portion of Periodic Benefit.--
(1) In general.--Section 215(a) of the Social Security Act
(as amended by section 2 of this Act) is amended further by
inserting after paragraph (6) the following new paragraph:
``(7)(A) In the case of an individual whose primary insurance
amount would be computed under paragraph (1) of this subsection, who--
``(i) attains age 62 after 1985 (except where he or she
became entitled to a disability insurance benefit before 1986
and remained so entitled in any of the 12 months immediately
preceding his or her attainment of age 62), or
``(ii) would attain age 62 after 1985 and becomes eligible
for a disability insurance benefit after 1985,
and who first becomes eligible after 1985 for a monthly periodic
payment (including a payment determined under subparagraph (E), but
excluding (I) a payment under the Railroad Retirement Act of 1974 or
1937, (II) a payment by a social security system of a foreign country
based on an agreement concluded between the United States and such
foreign country pursuant to section 233, and (III) a payment based
wholly on service as a member of a uniformed service (as defined in
section 210(m)) which is based in whole or in part upon his or her
earnings for service which did not constitute `employment' as defined
in section 210 for purposes of this title (hereafter in this paragraph
and in subsection (d)(3) referred to as `noncovered service'), the
primary insurance amount of that individual during his or her
concurrent entitlement to such monthly periodic payment and to old-age
or disability insurance benefits shall be computed or recomputed under
subparagraph (B) or subparagraph (D) (as applicable).
``(B) In the case of an individual who first performs service
described in subparagraph (A) after the 12th calendar month following
the date of the enactment of the Public Servant Retirement Protection
Act, if paragraph (1) of this subsection would apply to such individual
(except for subparagraph (A) of this paragraph), the individual's
primary insurance amount shall be the product derived by multiplying--
``(i) the individual's primary insurance amount, as
determined under paragraph (1) of this subsection and
subparagraph (C)(i) of this paragraph, by
``(ii) a fraction--
``(I) the numerator of which is the individual's
average indexed monthly earnings (determined without
regard to subparagraph (C)(i)), and
``(II) the denominator of which is an amount equal
to the individual's average indexed monthly earnings
(as determined under subparagraph (C)(i)),
rounded, if not a multiple of $0.10, to the next lower multiple of
$0.10.
``(C)(i) For purposes of determining an individual's primary
insurance amount pursuant to subparagraph (B)(i), the individual's
average indexed monthly earnings shall be determined by treating all
service performed after 1950 on which the individual's monthly periodic
payment referred to in subparagraph (A) is based (other than noncovered
service as a member of a uniformed service (as defined in section
210(m))) as `employment' as defined in section 210 for purposes of this
title (together with all other service performed by such individual
consisting of `employment' as so defined).
``(ii) For purposes of determining average indexed monthly earnings
as described in clause (i), the Commissioner of Social Security shall
provide by regulation for a method for determining the amount of wages
derived from service performed after 1950 on which the individual's
periodic benefit is based and which is to be treated as `employment'
solely for purposes of clause (i). Such method shall provide for
reliance on employment records which are provided to the Commissioner
and which constitute a reasonable basis for treatment of service as
`employment' for such purposes, together with such other information
received by the Commissioner as the Commissioner may consider
appropriate as a reasonable basis for treatment of service as
`employment' for such purposes.
``(D)(i) In the case of an individual who has performed service
described in subparagraph (A) during or before the 12th calendar month
following the date of the enactment of the Public Servant Retirement
Protection Act, if paragraph (1) of this subsection would apply to such
individual (except for subparagraph (A) of this paragraph), there shall
first be computed an amount equal to the individual's primary insurance
amount under paragraph (1) of this subsection, except that for purposes
of such computation the percentage of the individual's average indexed
monthly earnings established by subparagraph (A)(i) of paragraph (1)
shall be the percent specified in clause (ii). There shall then be
computed (without regard to this paragraph) a second amount, which
shall be equal to the individual's primary insurance amount under
paragraph (1) of this subsection, except that such second amount shall
be reduced by an amount equal to one-half of the portion of the monthly
periodic payment which is attributable to noncovered service performed
after 1956 (with such attribution being based on the proportionate
number of years of such noncovered service) and to which the individual
is entitled (or is deemed to be entitled) for the initial month of his
or her concurrent entitlement to such monthly periodic payment and old-
age or disability insurance benefits. There shall then be computed
(without regard to this paragraph) a third amount, which shall be equal
to the individual's primary insurance amount determined under
subparagraph (B) as if subparagraph (B) applied in the case of such
individual. The individual's primary insurance amount shall be the
largest of the three amounts computed under this subparagraph (before
the application of subsection (i)).
``(ii) For purposes of clause (i), the percent specified in this
clause is--
``(I) 80.0 percent with respect to individuals who become
eligible (as defined in paragraph (3)(B)) for old-age insurance
benefits (or became eligible as so defined for disability
insurance benefits before attaining age 62) in 1986;
``(II) 70.0 percent with respect to individuals who so
become eligible in 1987;
``(III) 60.0 percent with respect to individuals who so
become eligible in 1988;
``(IV) 50.0 percent with respect to individuals who so
become eligible in 1989; and
``(V) 40.0 percent with respect to individuals who so
become eligible in 1990 or thereafter.
``(E)(i) Any periodic payment which otherwise meets the
requirements of subparagraph (A), but which is paid on other than a
monthly basis, shall be allocated on a basis equivalent to a monthly
payment (as determined by the Commissioner of Social Security), and
such equivalent monthly payment shall constitute a monthly periodic
payment for purposes of this paragraph.
``(ii) In the case of an individual who has elected to receive a
periodic payment that has been reduced so as to provide a survivor's
benefit to any other individual, the payment shall be deemed to be
increased (for purposes of any computation under this paragraph or
subsection (d)(3) by the amount of such reduction.
``(iii) For purposes of this paragraph, the term `periodic payment'
includes a payment payable in a lump sum if it is a commutation of, or
a substitute for, periodic payments.
``(F)(i) Subparagraph (D) shall not apply in the case of an
individual who has 30 years or more of coverage. In the case of an
individual who has more than 20 years of coverage but less than 30
years of coverage (as so defined), the percent specified in the
applicable subdivision of subparagraph (D)(ii) shall (if such percent
is smaller than the applicable percent specified in the following
table) be deemed to be the applicable percent specified in the
following table:
``If the number of such The applicable percent is:
individual's years of
coverage (as so defined)
is:
29..................................................... 85
28..................................................... 80
27..................................................... 75
26..................................................... 70
25..................................................... 65
24..................................................... 60
23..................................................... 55
22..................................................... 50
21..................................................... 45
``(ii) For purposes of clause (i), the term `year of coverage'
shall have the meaning provided in paragraph (1)(C)(ii), except that
the reference to `15 percent' therein shall be deemed to be a reference
to `25 percent'.
``(G) An individual's primary insurance amount determined under
this paragraph shall be deemed to be computed under paragraph (1) of
this subsection for the purpose of applying other provisions of this
title.
``(H) This paragraph shall not apply in the case of an individual
whose eligibility for old-age or disability insurance benefits is based
on an agreement concluded pursuant to section 233 or an individual who
on January 1, 1984--
``(i) is an employee performing service to which social
security coverage is extended on that date solely by reason of
the amendments made by section 101 of the Social Security
Amendments of 1983; or
``(ii) is an employee of a nonprofit organization which (on
December 31, 1983) did not have in effect a waiver certificate
under section 3121(k) of the Internal Revenue Code of 1954 and
to the employees of which social security coverage is extended
on that date solely by reason of the amendments made by section
102 of that Act, unless social security coverage had previously
extended to service performed by such individual as an employee
of that organization under a waiver certificate which was
subsequently (prior to December 31, 1983) terminated.''.
(2) Conforming amendments.--
(A) Section 215(d)(3) of such Act (42 U.S.C.
415(d)(3)) is amended--
(i) by striking ``subsection (a)(7)(C)''
each place it appears and inserting
``subsection (a)(7)(E)'';
(ii) by striking ``subparagraph (E)'' and
inserting ``subparagraph (H)''; and
(iii) by striking ``subparagraph (D)'' and
inserting ``subparagraph (F)(i)''.
(B) Section 215(f)(9)(A) of such Act (42 U.S.C.
415(f)(9)(A)) is amended by striking ``(a)(7)(C)'' and
inserting ``(a)(7)(E)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to monthly
insurance benefits for months commencing with or after the 12th
calendar month following the date of the enactment of this Act.
Notwithstanding section 215(f) of the Social Security Act, the
Commissioner of Social Security shall recompute primary insurance
amounts to the extent necessary to carry out the amendments made by
this Act. | Public Servant Retirement Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to repeal the current windfall elimination provisions (which reduce Social Security benefits of retirees who paid into the Social Security system for part of their careers and who also receive a government pension from work in the public sector not covered by Social Security) and to replace them with a formula that treats non-Social Security earnings as if they were Social Security earnings for the purpose of calculating lifetime earnings for certain individuals. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants."} | 2,626 | 121 | 0.444507 | 1.114082 | 0.639364 | 1.826923 | 22.653846 | 0.807692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Caller ID Act of 2007''.
SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION
INFORMATION.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Provision of Deceptive Caller Identification
Information.--
``(1) In general.--It shall be unlawful for any person
within the United States, in connection with any
telecommunications service or VOIP service, to cause any caller
identification service to transmit misleading or inaccurate
caller identification information, with the intent to defraud
or cause harm.
``(2) Protection for blocking caller identification
information.--Nothing in this subsection may be construed to
prevent or restrict any person from blocking the capability of
any caller identification service to transmit caller
identification information.
``(3) Regulations.--
``(A) Deadline.--Not later than 6 months after the
enactment of this subsection, the Commission shall
prescribe regulations to implement this subsection.
``(B) Consideration of related regulations.--In
conducting the proceeding to prescribe the regulations
required by subparagraph (A) of this paragraph, the
Commission shall examine whether the Commission's
regulations under subsection (b)(2)(B) of this section
should be revised to require non-commercial calls to
residential telephone lines using an artificial or pre-
recorded voice to deliver a message to transmit caller
identification information that is not misleading or
inaccurate.
``(4) Effect on other laws.--Nothing in this subsection
shall be construed to authorize or prohibit any investigative,
protective, or intelligence activities performed in connection
with official duties, and in accordance with all applicable
laws, by a law enforcement agency of the United States, a
State, or a political subdivision of a State, or by an
intelligence agency of the United States.
``(5) Savings provision.--Except for paragraph (3)(B),
nothing in this subsection may be construed to affect or alter
the application of the Commission's regulations regarding the
requirements for transmission of caller identification
information, issued pursuant to the Telephone Consumer
Protection Act of 1991 (Public Law 102-243) and the amendments
made by such Act.
``(6) Definitions.--For purposes of this subsection:
``(A) Caller identification information.--The term
`caller identification information' means information
provided to an end user by a caller identification
service regarding the telephone number of, or other
information regarding the origination of, a call made
using a telecommunications service or VOIP service.
``(B) Caller identification service.--The term
`caller identification service' means any service or
device designed to provide the user of the service or
device with the telephone number of, or other
information regarding the origination of, a call made
using a telecommunications service or VOIP service.
Such term includes automatic number identification
services.
``(C) VOIP service.--The term `VOIP service' means
a service that--
``(i) provides real-time voice
communications transmitted through end user
equipment using TCP/IP protocol, or a successor
protocol, for a fee or without a fee;
``(ii) is offered to the public, or such
classes of users as to be effectively available
to the public (whether part of a bundle of
services or separately); and
``(iii) has the capability to originate
traffic to, or terminate traffic from, the
public switched telephone network.''.
Passed the House of Representatives June 12, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Truth in Caller ID Act of 2007 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunication service or VOIP (voice over Internet protocol) service, to cause any caller identification service to transmit misleading or inaccurate caller identification information ("spoofing") with the intent to defraud or cause harm. Prohibits construing these provisions to prevent blocking caller identification or to authorize or prohibit law enforcement or U.S. intelligence agency activities. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to prohibit manipulation of caller identification information, and for other purposes."} | 880 | 114 | 0.597514 | 1.543551 | 0.67232 | 3.76087 | 8.630435 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection for On-Line
Games Act''.
SEC. 2. FEDERAL TRADE COMMISSION RULES REQUIRED.
(a) In General.--The Commission shall prescribe rules in accordance
with this section to prohibit unfair and deceptive acts and practices
in the labeling and advertising of games of chance and games of skill
offered by means of the communications networks by network game
operators. Such rules shall--
(1) prohibit network game operators from making false,
nonsubstantiated, nonverifiable, or misleading claims
regarding--
(A) the fairness of any specific such game of
chance or game of skill, or combination thereof played
by the consumer;
(B) whether the game offered is a game of skill or
a game of chance, or a combination thereof; and
(C) if the game offered is a game of chance, or a
combination of skill and chance, whether all
participants (including the game operator) are accorded
equal or unequal chance;
(2) prohibit such operators from displaying or advertising
any seal or insignia attesting to the fairness of any game of
chance or game of skill, or other matters described in
paragraph (1), unless such seal or insignia has been awarded by
a self-regulatory organization that complies with section 4.
(b) Evasions.--The rules issued by the Commission under this
section shall include provisions to prohibit unfair or deceptive acts
or practices that evade such rules or undermine the rights provided to
customers under this Act.
SEC. 4. ROLE OF SELF-REGULATORY ORGANIZATIONS.
For purposes of section 3(a)(2), a self-regulatory organization
does not comply with the requirements of this section unless--
(1) the self-regulatory organization is registered with the
Commission, by filing with the Commission an application for
registration that--
(A) is in such form as the Commission, by rule, may
prescribe;
(B) contains the rules of the self-regulatory
organization and such other information and documents
as the Commission, by rule, may prescribe as necessary
or appropriate;
(2) the Commission determines that--
(A) such self-regulatory organization is so
organized and has the capacity to be able to carry out
the purposes of this Act and to comply, and to enforce
compliance by its members, with the provisions of this
Act, the rules thereunder, and the rules of the self-
regulatory organization;
(B) the rules of the self-regulatory organization
are designed to prevent fraudulent and deceptive acts
and practices, and, in general, to protect consumers
and the public interest;
(C) the rules of the self-regulatory organization
provide that its members shall be appropriately
disciplined for violation of the provisions of this
Act, the rules thereunder, or the rules of the self-
regulatory organization, by expulsion, revocation of
the authority to display or advertise any seal or
insignia, or any other fitting sanction; and
(D) the rules of the self-regulatory organization
provide a fair procedure for the disciplining of
members; and
(3) the Commission has not revoked or suspended the
Commission's determination under paragraph (2) with respect to
such self-regulatory organization.
SEC. 5. ACTIONS BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Commission under section 3(a), the State may
bring a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such pattern or practice,
to enforce compliance with such rule of the Commission, to obtain
damages on behalf of their residents, or to obtain such further and
other relief as the court may deem appropriate.
(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) upon the Commission and provide the
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
(c) Venue.--Any civil action brought under this section in a
district court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and process
in such cases may be served in any district in which the defendant is
an inhabitant or wherever the defendant may be found.
(d) Investigatory Powers.--For purposes of bringing any civil
action under this section, nothing in this Act shall prevent the
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Effect on State Court Proceedings.--Nothing contained in this
section shall prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any general civil
or criminal antifraud statute of such State.
(f) Limitation.--Whenever the Commission has instituted a civil
action for violation of any rule or regulation under this Act, no State
may, during the pendency of such action instituted by the Commission,
subsequently institute a civil action against any defendant named in
the Commission's complaint for violation of any rule as alleged in the
Commission's complaint.
(g) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any general civil or criminal
statute of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be brought
by officers of such State who are authorized by the State to
bring actions in such State for protection of consumers and who
are designated by the Commission to bring an action under
subsection (a) against persons that the Commission has
determined have or are engaged in a pattern or practice which
violates a rule of the Commission under section 3(a).
SEC. 6. ADMINISTRATION AND APPLICABILITY.
(a) In General.--Except as otherwise provided in section 5, this
Act shall be enforced by the Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which
is outside the jurisdiction of that Act shall be affected by this Act,
except for purposes of this Act.
(b) Rulemaking.--The Commission shall prescribe the rules under
section 3(a) within 270 days after the date of enactment of this Act. A
rule issued under this subsection shall be treated as a rule issued
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(c) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule respecting
unfair or deceptive acts or practices under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of
such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be
subject to the jurisdiction of the Commission for purposes of this Act.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 3 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act. Any person who violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Network game operator.--The term ``network game
operator'' means a public or private business enterprise that
engages in the business of providing game playing services (as
opposed to the sale or download of a game as a publisher or
distributor), either for a fee or for free, using a
communication path between the player and the game operator
that is part of a communications network.
(3) Communications network.--The term ``communications
network'' means a public or private communication system that
is used for the exchange of information or participation in
transactions (or both) and includes systems such as the
telephone system, cable systems, satellite systems, wireless
systems, or the Internet.
(4) Game of skill.--The term ``game of skill'' means a game
in which there are few or no independent chance elements (such
as die rolls, spinning wheels, drawn cards, or other random
event generators) that substantially affect a game's outcome
beyond the control of one or more of the players. | Consumer Protection for On-Line Games Act - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in the labeling and advertising of games of chance and games of skill offered by means of the communications networks by network game operators. Requires that such rules prohibit: (1) making false, unsubstantiated, non-verifiable, or misleading claims regarding the fairness of the game; (2) displaying or advertising any seal or insignia attesting to the fairness of any game of chance or skill unless such seal or insignia has been awarded by a self-regulatory organization that complies with this Act; and (3) unfair or deceptive acts or practices that evade such rules or undermine customer rights.Requires a self-regulatory organization, to be in compliance, to: (1) be able to enforce compliance by its members; and (2) have rules designed to prevent fraudulent and deceptive acts and practices, to protect consumers and the public interest, and to discipline violating members.Authorizes State attorneys general to bring civil actions on behalf of residents in U.S. district court to enjoin a pattern or practice which violates such FTC rules. | {"src": "billsum_train", "title": "To prevent fraud and deception in network recreational games."} | 2,117 | 274 | 0.701832 | 2.200422 | 0.947042 | 4.893333 | 8.706667 | 0.937778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting Acquisition of Russian
Material Act (AARM Act)''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The maintenance of the Russian HEU Agreement and the
timely and satisfactory acquisition of Russian highly enriched
uranium (referred to as ``HEU'') under that Agreement by the
Department of Energy and the United States Executive Agent is
essential to the national security and foreign policy interests
of the United States.
(2) Implementation of the Russian HEU Agreement will result
in the import of a total of 500 metric tons of weapons-grade
enriched uranium into the United States, and commencing in
1999, the Russian HEU under the agreement will be imported at a
rate of 30 metric tons per year. When converted into low
enriched uranium (referred to as ``LEU'') for use in nuclear
reactors to generate electricity, it will equal a substantial
portion of United States utility demand for nuclear fuel.
(3) The United States Enrichment Corporation is required at
the time of privatization to meet the statutory requirements
set out in subsection (b)(2) of this section and, except for
subparagraphs (A) and (H), following privatization. The
execution of the Russian HEU Agreement will significantly
increase the supply of LEU fuel available in the United States
marketplace; and, as a result and in order to balance supply
with demand, the privatized United States Enrichment
Corporation may have to take actions contrary to or
inconsistent with maintaining long-term viability, continued
operation of the gaseous diffusion plants, and a reliable and
economical domestic source of uranium mining, enrichment, and
conversion services, and other statutory requirements referred
to in subsection (b)(2).
(4) The principal responsibility for ensuring the faithful
implementation of the United States obligations under the
Russian HEU Agreement, which is a government-to-government
agreement, lies with the Department of Energy; and the
execution of those obligations is an inherently governmental
function under the foreign policy of the United States.
(5) Therefore, the Department of Energy shall, subject to
appropriations, acquire directly or from the United States
Executive Agent such amounts of the Russian HEU converted to
LEU under the Russian HEU Agreement, and withhold such amounts
from resale into the private market for such period of time, as
may be necessary to fully achieve the national security goals
of the United States under the Russian HEU Agreement and to
allow a privatized United States Enrichment Corporation to meet
the statutory requirements of the privatization.
(b) Purposes.--The purposes of this Act are--
(1) To achieve the national security objectives of the
Russian HEU Agreement.
(2) To achieve the requirements for privatization of the
United States Enrichment Corporation set out in the Energy
Policy Act of 1992 and the United States Enrichment Corporation
Privatization Act, as follows:
(A) Assure that privatization will result in a
return to the United States at least equal to the net
present value of the Corporation.
(B) Assure that privatization will not result in
the Corporation being owned, controlled, or dominated
by an alien, a foreign corporation, or a foreign
government.
(C) Assure that the privatization will not be
inimical to the health and safety of the public or the
common defense and security.
(D) Provide reasonable assurance that adequate
enrichment capacity will remain available to meet the
demands of the domestic electric utility industry.
(E) Assure that privatization will provide for the
long-term viability of the Corporation.
(F) Assure that privatization will provide for the
continuation by the Corporation of the operation of the
Department of Energy's gaseous diffusion plants.
(G) Assure that privatization will provide for the
protection of the public interest in maintaining a
reliable and economical domestic source of uranium
mining, enrichment, and conversion services.
(H) To the extent not inconsistent with
requirements of subparagraphs (E), (F), and (G), assure
that privatization will secure the maximum proceeds to
the United States.
(3) To monitor and determine the effect the LEU delivered
under the Russian HEU Agreement is having on the domestic
uranium mining, conversion, and enrichment industries and the
operation of the gaseous diffusion plants, and to prevent or
mitigate any material adverse impact on such industries or any
loss of employment at the gaseous diffusion plants as a result
of the Russian HEU Agreement.
SEC. 4. STANDBY AUTHORIZATION.
Section 3112(b) of the United States Enrichment Corporation
Privatization Act (42 U.S.C. 2297h-10) is amended by adding at the end
the following:
``(11) The Secretary is authorized to purchase and hold any amount
of any contract obligation of the United States Executive Agent to
acquire Russian HEU converted to LEU under the Russian HEU Agreement
during any year in which the Russian HEU Agreement is in force, and
resell such material, upon the following terms and conditions:
``(A) At the end of any month, the United States Enrichment
Corporation shall certify to the Secretary when enrichment of
uranium at the gaseous diffusion plants, measured in SWU, for
the previous 12 months, is determined to be 25 percent below
the average annual enrichment in SWU for the years 1992 through
1997.
``(B) In its certification under subparagraph (A), the
United States Enrichment Corporation shall indicate the effects
that the purchase and resale of the converted Russian HEU by
the United States Executive Agent under the Russian HEU
Agreement are having on its long-term viability, including its
operations, costs, sales and profitability, and in particular
any reduction in the levels of enrichment services and
employment at the gaseous diffusion plants or threat thereof.
The United States Enrichment Corporation shall also certify
what actions it has taken or may be required to take to
mitigate such effects of the purchases and resales of the
converted Russian HEU under the Russian HEU Agreement when
combined with other effects and causes in the marketplace.
``(C) Within 30 days of the certification by the United
States Enrichment Corporation under subparagraphs (A) and (B),
the Secretary shall review that certification and make a report
to the President which shall include any recommendation for the
Secretary to purchase directly, or from the United States
Executive Agent, and hold a sufficient amount of converted
Russian HEU under the Russian HEU Agreement to assure that the
national security objectives of the Russian HEU Agreement are
met and that the United States Enrichment Corporation is able
to meet its obligations under this Act to provide for the long-
term viability of the Corporation, the continuation by the
Corporation of the operation of the Department of Energy's
gaseous diffusion plants, and for the protection of the public
interest in maintaining a reliable and economical domestic
source of uranium mining, conversion, and enrichment services.
The Secretary shall deliver a copy of the report to the Senate
Committee on Energy and Natural Resources and the House of
Representatives Committee on Commerce and shall publish it in
the Federal Register. The Secretary shall not publicly disclose
essential proprietary information of the United States
Enrichment Corporation or the United States Executive Agent, as
determined by regulations promulgated by the Secretary,
consistent with providing the greatest amount of information to
the public, particularly in the communities directly affected,
and to all parties in interest in the enrichment of uranium at
the gaseous diffusion plants and shareholders or stakeholders
in the United States Enrichment Corporation and the United
States Executive Agent.
``(D) The President shall thereafter direct the Secretary
to acquire such amounts of converted Russian HEU under the
Russian HEU Agreement as the President determines necessary for
these purposes from funds available for such purposes. The
President shall also request appropriations from the Congress
for current and future acquisitions of such amount of such
converted Russian HEU as the President determines necessary for
these purposes. Within 10 days of receipt of the report by the
Secretary, the President shall request an investigation under
section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) of the
impact of the Russian HEU Agreement on the operations and
employment at the gaseous diffusion plants and the uranium mining,
enrichment, and conversion industries in the United States. Such
investigation shall be completed within 3 months of such request and
the Commission shall report the results to the President and the
Congress.
``(E) As directed by the President, the Secretary shall
acquire such amounts of converted Russian HEU under the Russian
HEU Agreement in such manner and at such prices as authorized
under the Russian HEU Agreement and shall withhold such amounts
from resale into the private markets of the United States or
elsewhere until such time as it is determined, pursuant to
regulations promulgated by the Secretary, that the United
States Enrichment Corporation is producing enrichment services
measured in SWU at the gaseous diffusion plants for a
consecutive 12-month period that equals or exceeds 110 percent
of the average annual enrichment in SWU for the period 1992
through 1997.
``(F) Upon the determination referred to in subparagraph
(E), the Secretary may then, pursuant to regulations
promulgated by the Secretary, auction for resale an amount of
converted Russian HEU acquired under this Act which is not more
than the amount in excess of 100 percent of the average annual
enrichment in SWU for the period 1992 through 1997. Such
amounts of converted Russian HEU shall not be sold in any
manner that would have a material adverse impact on the
domestic uranium mining, conversion, or enrichment industry and
shall not be sold directly to end-users in direct competition
with the United States Enrichment Corporation. Such amounts of
converted Russian HEU shall not be sold at prices less than
current market prices for comparable sales, but in no event may
such sale prices by the Secretary be less than the amount paid
for any such lot or lots, plus the expenses of holding and sale
by the Secretary. Purchasers at such auction may not sell to
end-users at any price that is less than the price, including
expenses of the Secretary, paid to the Secretary at such
auction. The term `material adverse impact', as used in this
Act, shall have the same meaning as `material injury' under
section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7))
and the Secretary shall consider the impacts and relevant
factors affecting the domestic industry as enumerated in
subparagraphs (B) and (C) of such section.
``(G) The regulations required to be promulgated by the
Secretary under subparagraphs (E) and (F) shall be subject to
the administrative procedures required by chapter 5 of title 5,
United States Code, shall be proposed within 90 days of the
date of the enactment of the Assisting Acquisition of Russian
Material Act, allow not less than a 90-day comment period, and
shall become final no less than one year from the date of the
enactment of such Act. Such regulations shall--
``(i) establish the procedures for the
determination of maximum allowable amount of converted
Russian HEU eligible for sale under subparagraph (F);
``(ii) establish the criteria for determining the
current market price at the time of sale, and the
minimum price which is the sum of the Secretary's
acquisition, holding, and sales costs of each lot
acquired, except that the Secretary may provide for the
separate payment of the costs of sale by successful
bidders by a percentage commission of the sale price or
otherwise;
``(iii) provide for the qualifications of buyers to
assure they are authorized to handle the nuclear
materials and are not end-users;
``(iv) provide for not less than 45 days notice of
a sale, which notice shall set out the maximum
allowable amounts of converted Russian HEU eligible for
sale and the minimum price calculated for each lot
offered for sale and the basis for such determinations;
``(v) shall allow for comment on such notice, the
purpose of which is to avoid any material adverse
impact on the domestic uranium mining, conversion, or
enrichment industries from such sale;
``(vi) provide for a determination that less than
the maximum allowable amount of material may be offered
for sale in order to avoid any material adverse impact
and that a sale may be made in installments to avoid
such impact; and
``(vii) provide procedures for determining that the
resales by buyers from the Secretary were made to
eligible end-users at prices in accord with
subparagraph (F) and the requirements of this Act.
``(H) Any action alleging a violation of any provision of
this Act may be brought in any district court of the United
States having jurisdiction over the parties (except in those
instances where another law specifically requires a different
venue) without regard to the amount in controversy or the
citizenship of the parties.''. | Assisting Acquisition of Russian Material Act (AARM Act) - Amends the United States Enrichment Corporation Privatization Act regarding uranium transfers and sales to authorize the Secretary of Energy to: (1) purchase and hold any amount of any contract obligation of the United States Executive Agent to acquire Russian highly enriched uranium (HEU) converted to low-enriched uranium under the Russian HEU Agreement; and (2) resell such material according to prescribed guidelines. Confers jurisdiction upon the Federal district courts for violations of such Act without regard to the amount in controversy or the citizenship of the parties. | {"src": "billsum_train", "title": "Assisting Acquisition of Russian Material Act (AARM Act)"} | 2,815 | 131 | 0.573677 | 1.698546 | 0.704696 | 4.045045 | 24.108108 | 0.891892 |
SECTION 1. CERTAIN CENTRIFUGE MEDIUM FREQUENCY DRIVE SUPPLY.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Centrifuge medium Free No change No change On or before 12/ ''.
frequency drive 31/2009
supply, including
medium frequency
centrifuge drive
converters,
distribution and
protection
systems (isotopic
separation
equipment), for
the construction
of an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''.SEC. 2. CERTAIN CENTRIFUGE SUPPLY AND SUPPORT SYSTEMS.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Centrifuge supply Free No change No change On or before 12/ ''.
and support 31/2009
systems,
including
centrifuge
monitoring
system,
proprietary
centrifuge
protection system
(isotopic
separation
equipment), for
the construction
of an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''.SEC. 3. CERTAIN CENTRIFUGE PLANT CONTROL SYSTEM.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Centrifuge plant Free No change No change On or before 12/ ''.
control system, 31/2009
including
proprietary
software and
hardware
integration for
core plant
control systems
(isotopic
separation
equipment), for
the construction
of an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''.SEC. 4. CERTAIN CASCADE HEADER PIPE-WORK MODULES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Cascade header Free No change No change On or before 12/ ''.
pipe-work modules 31/2009
(CHP), including
approximately
2,000 modules
specially
designed to allow
the correct
distribution of
the process gas
into the cascade
and made of a
special grade
aluminum, for the
construction of
an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''.SEC. 5. CERTAIN CASCADE VALVE FRAMES.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Cascade valve Free No change No change On or before 12/ ''.
frames, including 31/2009
approximately 50
manifold units to
be the interface
from the main
process plant to
the cascade and
specially
designed to
enable optimum
operation of the
cascades, for the
construction of
an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''.SEC. 6. CERTAIN CENTRIFUGE PROCESS GAS EQUIPMENT.
Subchapter II of chapter 99 is amended by inserting in numerical
sequence the following new heading:
`` 9902.xx.xx Centrifuge process Free No change No change On or before 12/ ''.
gas equipment 31/2009
(isotopic
separation
equipment)
consisting of
centrifuge
process gas
aluminum pipe
work of special
grade aluminum
tubing,
centrifuge
process gas
valves, specially
designed for
optimum flow
control of
process gas, and
centrifuge
process gas
delivery pump
sets, for the
construction of
an isotopic
separation
facility in
southern New
Mexico (provided
for in subheading
8401.20.00)......
''. | Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain structures, parts, and components for use in an isotopic separation facility. | {"src": "billsum_train", "title": "To suspend temporarily the duty on certain structures, parts, and components for use in an isotopic separation facility."} | 819 | 37 | 0.461585 | 1.326346 | -0.228797 | 0.766667 | 25.366667 | 0.566667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Puerco Watershed Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) over time, extensive ecological changes have occurred
in the Rio Puerco watershed, including--
(A) erosion of agricultural and range lands;
(B) impairment of waters due to heavy
sedimentation;
(C) reduced productivity of renewable resources;
(D) loss of biological diversity;
(E) loss of functioning riparian areas; and
(F) loss of available surface water;
(2) damage to the watershed has seriously affected the
economic and cultural well-being of its inhabitants,
including--
(A) loss of existing communities that were based on
the land and were self-sustaining; and
(B) adverse effects on the traditions, customs, and
cultures of the affected communities;
(3) a healthy and sustainable ecosystem is essential to the
long-term economic and cultural viability of the region;
(4) the impairment of the Rio Puerco watershed has damaged
the ecological and economic well-being of the area below the
junction of the Rio Puerco with the Rio Grande including--
(A) disruption of ecological processes;
(B) water quality impairment;
(C) significant reduction in the water storage
capacity and life expectancy of the Elephant Butte Dam
and Reservoir system due to sedimentation;
(D) chronic problems of irrigation system channel
maintenance; and
(E) increased risk of flooding caused by sediment
accumulation;
(5) the Rio Puerco is a major tributary of the Rio Grande
and the coordinated implementation of ecosystem-based best
management practices for the Rio Puerco system could benefit
the larger Rio Grande system;
(6) the Rio Puerco watershed has been stressed from the
loss of native vegetation, introduction of exotic species, and
alteration of riparian habitat which have disrupted the
original dynamics of the river and disrupted natural ecological
processes;
(7) the Rio Puerco watershed is a mosaic of private,
Federal, tribal trust, and State land ownership with diverse,
sometimes differing management objectives;
(8) development, implementation, and monitoring of an
effective watershed management program for the Rio Puerco
watershed is best achieved through cooperation among affected
Federal, State, local, and tribal entities;
(9) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, in consultation with
the entities listed in paragraph (8), and in cooperation with
the Rio Puerco Watershed Committee, is best suited to
coordinate management efforts in the Rio Puerco watershed; and
(10) accelerating the pace of improvement in Rio Puerco
watershed on a coordinated, cooperative basis will benefit
persons living in the watershed as well as downstream users on
the Rio Grande.
SEC. 3. MANAGEMENT PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Land Management and in consultation with the Rio Puerco
Management Committee established pursuant to section 4, shall--
(1) establish a clearinghouse for research and information
on management within the area identified as the Rio Puerco
Drainage Basin as depicted on the map entitled ``The Rio Puerco
Watershed'' dated June 1994, as described in the attached map,
including--
(A) current and historical natural resource
conditions; and
(B) data concerning the extent and causes of
watershed impairment;
(2) establish an inventory of best management practices and
related monitoring activities that have been or may be
implemented within the area identified as the Rio Puerco
Watershed Project as depicted on the map entitled ``The Rio
Puerco Watershed'' dated June 1994; and
(3) provide support to the Rio Puerco Management Committee
to identify objectives, monitor results of ongoing projects,
and develop alternative watershed management plans for the Rio
Puerco Drainage Basin, based on best management practices.
(b) Rio Puerco Management Plan.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation with the
Rio Puerco Management Committee, shall prepare a report of appropriate
alternatives for the improvement of watershed conditions in the Rio
Puerco Drainage Basin. The alternatives shall--
(1) identify reasonable and appropriate goals and
objectives for landowners and managers in the Rio Puerco
watershed;
(2) describe potential alternative actions to meet the
goals and objectives, including proven best management
practices and costs associated with implementing the actions;
(3) recommend voluntary implementation of appropriate best
management practices on both public and private lands;
(4) provide for cooperative development of management
guidelines for maintaining and improving the ecological,
cultural, and economic conditions on both public and private
lands;
(5) provide for the development of public participation and
community outreach programs that would include proposals for--
(A) cooperative efforts with private landowners to
encourage implementation of best management practices
within the watershed; and
(B) involving private citizens in restoring the
watershed;
(6) provide for the development of proposals for voluntary
cooperative programs among the Rio Puerco Management Committee
membership to implement best management practices in a
coordinated, consistent, and cost-effective manner;
(7) provide for the encouragement and support
implementation of best management practices on private lands;
and
(8) provide for the development of proposals for a
monitoring system that--
(A) builds upon existing data available from
private, Federal, and State sources;
(B) provides for the coordinated collection,
evaluation, and interpretation of additional data as
needed or collected; and
(C) will provide information to--
(i) assess existing resource and
socioeconomic conditions;
(ii) identify priority implementation
actions; and
(iii) assess the effectiveness of actions
taken.
SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.
(a) Establishment.--There is established the Rio Puerco Management
Committee (referred to in this section as the ``Committee'').
(b) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management, and shall include
representatives from--
(1) the Rio Puerco Watershed Committee;
(2) affected tribes and pueblos;
(3) the National Forest Service of the Department of
Agriculture;
(4) the Bureau of Reclamation;
(5) the Geological Survey;
(6) the Bureau of Indian Affairs;
(7) the Fish and Wildlife Service;
(8) the Army Corps of Engineers;
(9) the Soil Conservation Service of the Department of
Agriculture;
(10) the State of New Mexico, including the New Mexico
Environment Department and the State Engineer;
(11) affected local Soil and Water Conservation Districts;
(12) the Elephant Butte Irrigation District;
(13) private landowners; and
(14) other interested citizens.
(c) Duties.--The Rio Puerco Management Committee shall--
(1) advise the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, on the
development and implementation of the Rio Puerco Management
Program described in section 3; and
(2) serve as a forum for information about activities that
may affect or further the development and implementation of the
best management practices described in section 3.
SEC. 5. REPORT.
Two years after the date of enactment of this Act, and biennially
thereafter, the Secretary of the Interior, in consultation with the Rio
Puerco Management Committee, shall transmit to the Committee on Energy
and Natural Resources of the Senate and to the Committee on Natural
Resources of the House of Representatives a report containing--
(1) a summary of accomplishments as outlined in section 3;
and
(2) proposals for joint implementation efforts, including
funding recommendations.
SEC. 6. LOWER RIO GRANDE HABITAT STUDY.
(a) In General.--The Secretary of the Interior shall, in
cooperation with the State of New Mexico, conduct a study of the Rio
Grande from Caballo Lake to Sunland Park, New Mexico. The study shall
include--
(1) a survey of the current habitat conditions of the river
and its riparian environment;
(2) identification of the changes in vegetation and habitat
over the past 400 years and the effect of the changes on the
river and riparian area; and
(3) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further habitat
loss and restoration of habitat through reintroduction or
establishment of appropriate native plant species.
(b) Transmittal.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the Secretary shall
transmit the study authorized by this section to the Committee on
Energy and Natural Resources of the Senate and to the Committee on
Natural Resources of the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate August 2 (legislative day, July 20),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Rio Puerco Watershed Act of 1994 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on the management of the Rio Puerco Drainage Basin; (2) establish an inventory of best management practices and related monitoring activities that have been or may be implemented within the Rio Puerco Watershed Project; and (3) provide support to the Rio Puerco Management Committee to identify objectives, monitor results of ongoing projects, and develop alternative watershed management plans for the Rio Puerco Drainage Basin based on best management practices.
Directs the Secretary to prepare a report of appropriate alternatives for the improvement of watershed conditions in the Rio Puerco Drainage Basin.
Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices. Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on the Rio Grande from Caballo Lake at least to Sunland Park, New Mexico.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rio Puerco Watershed Act of 1994"} | 1,931 | 252 | 0.600504 | 1.815875 | 0.94675 | 5.349558 | 8.243363 | 0.933628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Safe Harbor Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) harboring, supporting, or providing aid or protection
to individuals or entities engaged in terrorist activity
against the United States, its citizens, or its allies will be
considered to be acts of aggression against the United States;
and
(2) failing to assist the United States or its allies in
the identification, suppression, or prosecution of individuals
or entities engaged in terrorist activity will be considered to
be acts of aggression against the United States.
SEC. 2. IMPOSITION OF SANCTIONS.
(a) Sanctions.--The President may impose the sanctions under
subsection (b) on--
(1) any country determined, for purposes of section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)), to be a country the government of which has
repeatedly provided support for acts of international
terrorism;
(2) any country identified under section 40A of the Arms
Export Control Act (22 U.S.C. 2781) to be a country not
cooperating fully with United States antiterrorism efforts; and
(3) any country or entity that the President determines--
(A) fails to support antiterrorist investigations
by the United States;
(B) provides sanctuary for individuals or entities
suspected of engaging in terrorist activity from
prosecution in the United States or any of its allies;
(C) fails to extradite to the United States or any
of its allies individuals or entities suspected of
engaging in terrorist activity;
(D) allows individuals or entities to seek material
support or resources (within the meaning of section
2339A(b) of title 18, United States Code), including
raising funds, for groups that engage in terrorist
activity;
(E) allows the recruitment of individuals for
terrorist activity; or
(F) fails to assist in intelligence gathering by
the United States or any of its allies relating to
terrorist activity.
(b) Sanctions.--
(1) Sanctions on countries.--The sanctions that may be
imposed on a country referred to in subsection (a) are the
following:
(A) Economic embargo.--The President may exercise
the authorities the President has under the
International Emergency Economic Powers Act to impose
an economic embargo on such country, without regard to
section 202 of that Act, including--
(i) blocking all property and interests in
property of such country that are in the United
States or are in the possession or control of
United States persons;
(ii) prohibiting transactions in any
property in which any national of such country
has any interest; and
(iii) prohibiting imports from and exports
to such country.
(B) Prohibition on travel.--The President may
prohibit travel to and from that country,
notwithstanding section 203(b)(4) of the International
Emergency Economic Powers Act.
(C) Denial of entry into the united states.--The
President may direct the Attorney General to deny
admission into the United States to any citizen or
national of that country (or, in the case of a person
having no nationality, a person habitually residing in
such country) as an immigrant or nonimmigrant (except
in the case of admission as a refugee under section 207
of the Immigration and Nationality Act or similar
provision of law).
(2) Sanctions on entities.--The sanctions that may be
imposed on an entity referred to in subsection (a)(3) are that
the President may exercise the authorities the President has
under the International Emergency Economic Powers Act, without
regard to section 202 of that Act--
(A) to block all property and interests in property
of such entity that are in the United States or are in
the possession or control of United States persons; and
(B) to prohibit imports from and exports to such
entity.
(c) Regulatory Authority; Penalties.--The President may issue such
regulations, licenses, and orders as are necessary to carry out this
Act. The penalties set forth in section 206 of the International
Emergency Economic Powers Act shall apply to violations under this Act
to the same extent as such penalties apply to violations under that
Act.
SEC. 3. ASSISTANCE TO VICTIMS OF TERRORISM.
The President may vest and liquidate as much of property that is
blocked pursuant to section paragraphs (1)(A)(i) and (2)(A) of section
2(b) as may be necessary to adequately compensate the victims of
terrorist acts and their families, in accordance with regulations that
the President may issue.
SEC. 4. WAIVER.
The President may waive any provision of section 2 with respect to
any country or entity if the President--
(1) determines that vital national interests so require;
and
(2) submits that determination to the Congress, together
with the reasons therefor.
SEC. 5. DEFINITIONS.
In this Act:
(1) Terrorist activity.--The term ``terrorist activity''
has the meaning given that term in section 212(a)(3)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(ii)).
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity that is organized under the laws of the United
States; or
(C) a partnership, corporation, or other legal
entity that is organized under the laws of a foreign
country and is controlled by entities described in
subparagraph (B) or United States citizens, or both. | No Safe Harbor Act - Authorizes the President to impose specified sanctions, including economic embargo and the blocking of property in the United States, against any country (or entity where applicable) that has been determined to: (1) have repeatedly provided support for acts of international terrorism; (2) not be cooperating fully with the United States antiterrorism efforts; and (3) be otherwise aiding and abetting terrorist activity. Sets forth certain penalties for violations committed under this Act.Authorizes the President to vest and liquidate as much of property of such country or entity that has been blocked under this Act to adequately compensate the victims of terrorist acts and their families. Authorizes the President to waive such sanctions in the U.S. national security interest. | {"src": "billsum_train", "title": "To protect the United States and its allies by imposing sanctions on countries and entities that aid and abet individuals or entities engaged in terrorist activity or fail to cooperate in the war against terrorism, and for other purposes."} | 1,289 | 158 | 0.610721 | 1.615864 | 0.705959 | 2.671429 | 8.371429 | 0.871429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Milk and Dairy Choices in
Schools Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 44 million Americans have low bone mass or
osteoporosis, causing $19 billion in hospital and nursing home
expenses annually.
(2) Adequate calcium intake and weight-bearing exercise can
help build bone mass and prevent debilitating fractures.
(3) 98 percent of maximum bone density is reached by age
20, making it especially important that children get enough
calcium.
(4) The United States Department of Agriculture finds that
32 percent of children ages 4 through 8 and 90 percent of girls
and 70 percent of boys ages 9 through 19 do not meet current
calcium recommendations.
(5) Per capita milk consumption in the United States has
been decreasing for 3 decades. Per capita milk consumption by
children fell quickly from 2005 to 2010, and this consumption
rate is declining even more rapidly as these children reach
their teenage years.
(6) Fewer than half of school-age children participate in
school meal programs.
(7) 87 percent of schools sell soft drinks, fruit drinks,
and sports drinks on campus through school meal programs,
vending machines, and other means.
SEC. 3. FAT CONTENT OF MILK IN SCHOOL LUNCH PROGRAMS.
Section 9(a)(2)(A)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is amended by inserting
``consistent with the most recent Dietary Guidelines for Americans
published under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341)'' before the semicolon.
SEC. 4. EXPANSION OF SPECIAL MILK PROGRAM.
Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772) is
amended--
(1) by striking subsection (b);
(2) in subsection (a), by striking paragraph (2) and
redesignating paragraph (1) and paragraphs (3) through (10) as
subsections (a) through (i), respectively;
(3) in subsection (a), as redesignated by paragraph (2)--
(A) by striking ``, except as provided in paragraph
(2), which do not participate in a meal service program
authorized under this Act or the Richard B. Russell
National School Lunch Act,''; and
(B) by striking ``, which do not participate in a
meal service program authorized under this Act or the
Richard B. Russell National School Lunch Act''; and
(4) in subsection (d), as redesignated by paragraph (2), by
striking ``which does not participate in a meal service program
authorized under this Act or the Richard B. Russell National
School Lunch Act''.
SEC. 5. PILOT PROGRAM PROVIDING LOW-FAT CHEESES FOR SCHOOL BREAKFAST
AND LUNCH PROGRAMS.
(a) In General.--During the 3-year period beginning on the date
that is not later than 60 days after the date of the enactment of this
Act, the Secretary of Agriculture shall purchase low-fat cheeses for
use in--
(1) the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
and
(2) the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(b) Purchase Additional to Commodity Distribution Program.--The
low-fat cheeses purchased under subsection (a) shall be in addition to
commodities delivered under section 6 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755).
(c) Evaluation and Report.--
(1) Evaluation.--The Secretary shall conduct an evaluation
of--
(A) whether children participating in the school
lunch and breakfast programs described in subsection
(a) increased their consumption of low-fat cheeses
during the period described in subsection (a);
(B) which types of low-fat cheeses are most
appropriate for use in such school lunch and breakfast
programs, and how such cheeses may best be integrated
into such programs; and
(C) such other factors related to increasing
interest in and awareness of low-fat cheeses among
schoolchildren as the Secretary considers appropriate.
(2) Report.--Not later than 90 days after the conclusion of
the 3-year period described in subsection (a), the Secretary
shall submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Education and Labor
of the House of Representatives a report describing the results
of the evaluation required by paragraph (1).
(d) Low-Fat Cheese Defined.--In this section, the term ``low-fat
cheese'' means cheese of any type whose solids contain a percentage of
milkfat, to be determined by the Secretary, that is less than the
percentage specified for such type of cheese in subpart B of part 133
of title 21, Code of Federal Regulations.
SEC. 6. BUDGET NEUTRALITY OFFSET.
Section 6(e)(1)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``October 1, 2003,
and ending September 30, 2009'' and inserting ``October 1, 2010, and
ending September 30, 2016''. | Healthy Milk and Dairy Choices in Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to require the fat content of milk served in school lunches to be consistent with the most recent Dietary Guidelines for Americans.
Amends the Child Nutrition Act of 1966 to include nonprofit schools and child care institutions that participate in the school lunch or breakfast programs in the special milk program. (Currently, the special milk program reimburses nonprofit schools and child care institutions which do not participate in the school lunch or breakfast programs for the milk they provide to children.)
Establishes a three-year pilot program under which the Secretary of Agriculture purchases low-fat cheeses, in addition to commodities currently purchased, for use in the school lunch and breakfast programs. Requires the Secretary to evaluate and report to Congress on the program.
Allows the Secretary, through FY2016, to satisfy the requirement that at least 12% of school lunch program assistance be in the form of commodity assistance by using commodities procured by the Secretary under any provision of law. | {"src": "billsum_train", "title": "To amend the child nutrition laws to require that milk served in school lunch programs be consistent with the Dietary Guidelines for Americans and to expand eligibility for the Special Milk Program, and to establish a pilot program providing low-fat cheeses for school breakfast and lunch programs, and for other purposes."} | 1,184 | 223 | 0.510791 | 1.397576 | 0.839139 | 2.535 | 5.47 | 0.815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Debt Forgiveness and
International Financial Institutions Reform Act of 2000''.
SEC. 2. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) Repeal of Limitation on Availability of Earnings on Profits of
Nonpublic Gold Sales.--Paragraph (1) of section 62 of the Bretton Woods
Agreements Act, as added by section 503(a) of H.R. 3425 of the 106th
Congress (as enacted by section 1000(a)(5) of Public Law 106-113 (113
Stat. 1536)), is amended--
(1) by adding ``and'' at the end of subparagraph (B); and
(2) by striking subparagraph (D).
(b) Contributions to HIPC Trust Fund.--
(1) Authorization of appropriations for contributions.--
There is authorized to be appropriated for the period beginning
October 1, 1999, and ending September 30, 2003, $600,000,000
for purposes of United States contributions to the Heavily
Indebted Poor Countries (HIPC) Trust Fund administered by the
Bank.
(2) Availability of amounts.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended.
(c) Certification Required.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after the date of enactment of this Act, the
Secretary shall certify to the appropriate congressional
committees that the following requirements are satisfied:
(A) Access to certain information and documents.--
The Bank and the Fund have given the Comptroller
General access to information and documents of the Bank
and the Fund necessary in order for the Comptroller
General to audit and monitor the operations of such
institutions. The Secretary shall consult with the
Comptroller General prior to making a certification
under this subparagraph.
(B) Implementation by the bank of certain
policies.--The Bank is implementing--
(i) policies providing for the suspension
of a loan if funds are being diverted for
purposes other than the purpose for which the
loan was intended;
(ii) policies seeking to prevent loans from
displacing private sector financing;
(iii) policies requiring that loans other
than project loans must be disbursed--
(I) on the basis of specific prior
reforms; or
(II) incrementally upon
implementation of specific reforms
after initial disbursement;
(iv) policies seeking to minimize the
number of projects receiving financing that
would displace a population involuntarily or be
to the detriment of the people or culture of
the area into which the displaced population is
to be moved;
(v) policies vigorously promoting open
markets and liberalization of trade in goods
and services;
(vi) policies providing that financing by
the Bank concentrates chiefly on projects and
programs that promote economic and social
progress rather than short-term liquidity
financing; and
(vii) policies providing for the
establishment of appropriate qualitative and
quantitative indicators to measure progress
toward graduation from receiving financing on
concessionary terms, including an estimated
timetable by which countries may graduate over
the next 15 years.
(C) Implementation by the fund of certain
policies.--The Fund is implementing--
(i) policies providing for the suspension
of a financing if funds are being diverted for
purposes other than the purpose for which the
financing was intended;
(ii) policies seeking to ensure that
financing by the Fund normally serves as a
catalyst for private sector financing and does
not displace such financing;
(iii) policies requiring that financing
must be disbursed--
(I) on the basis of specific prior
reforms; or
(II) incrementally upon
implementation of specific reforms
after initial disbursement;
(iv) policies vigorously promoting open
markets and liberalization of trade in goods
and services;
(v) policies providing that financing by
the Fund concentrates chiefly on short-term
balance of payments financing; and
(vi) policies providing for the use, in
conjunction with the Bank, of appropriate
qualitative and quantitative indicators to
measure progress toward graduation from
receiving financing on concessionary terms,
including an estimated timetable by which
countries may graduate over the next 15 years.
(2) Exception.--In the event that the Secretary cannot
certify that the Comptroller General has obtained the access
described in paragraph (1)(A) to information and documents, or
that a policy described in paragraph (1)(B) or (1)(C) is being
implemented, the Secretary shall, not later than 30 days after
the date of enactment of this Act, submit a report to the
appropriate congressional committees on the progress, if any,
made by the Bank and the Fund in providing such access to the
Comptroller General, or in adopting and implementing such
policy, as the case may be.
(3) Subsequent reporting on denial of access.--
(A) Report required.--In the event that the
Comptroller General is denied the access described in
paragraph (1)(A) to information and documents of the
Bank or the Fund on or after the date specified in
subparagraph (B), the Comptroller General shall submit
a report to the appropriate congressional committees
and the Secretary notifying the committees and the
Secretary of such fact.
(B) Date of submission of report.--The date
specified in this subparagraph is the earlier of--
(i) the date a certification is made under
paragraph (1) or, if a certification cannot be
made, the date on which a report is submitted
under paragraph (2); or
(ii) the date that is 30 days after the
date of enactment of this Act.
SEC. 3. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
MULTILATERAL DEVELOPMENT BANKS.
(a) In General.--The Secretary shall instruct the United States
Executive Director of each multilateral development bank to exert the
influence of the United States to strengthen the bank's procedures and
management controls intended to ensure that funds disbursed by the bank
to borrowing countries are used as intended and in a manner that
complies with the conditions of the bank's loan to that country.
(b) Information to Appropriate Committees.--Upon the request of the
chairman or ranking minority member of an appropriate congressional
committee, the Secretary shall obtain from the bank and make available
to such committee, on a confidential basis if necessary, data existing
at the time of the request concerning the objectives described in
subsection (a). In the event the Secretary is unable to obtain such
existing data within 30 days of such request, the Secretary shall
submit, within an additional period of 30 days, a report to the
appropriate congressional committees setting forth the reasons for the
failure to obtain such data.
(c) Progress Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report evaluating the progress made toward
achieving the objectives of subsection (a), including a description
of--
(1) any progress made in improving the supervision,
monitoring, and auditing of programs and projects supported by
each multilateral development bank, in order to identify and
reduce bribery and corruption;
(2) any progress made in developing each multilateral
development bank's priorities for allocating anticorruption
assistance;
(3) country-specific anticorruption programs supported by
each multilateral development bank;
(4) actions taken to identify and discipline multilateral
development bank employees suspected of knowingly being
involved in corrupt activities; and
(5) the outcome of efforts to harmonize procurement
practices across all multilateral development banks.
SEC. 4. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Annual Report on Financial Operations.--Beginning 180 days
after the date of enactment of this Act, or October 31, 2000, whichever
is later, and on October 31 of each year thereafter, the Comptroller
General shall submit to the appropriate congressional committees a
report on the sufficiency of audits of the financial operations of each
multilateral development bank conducted by persons or entities outside
such bank.
(b) Annual Report on United States Supported Policies.--Beginning
180 days after the date of enactment of this Act, or October 31, 2000,
whichever is later, and on October 31 of each year thereafter, the
Secretary shall submit a report to the appropriate congressional
committees on--
(1) the actions taken by recipient countries, as a result
of the assistance allocated to them by the multilateral
development banks under programs referred to in section
3(c)(1), to strengthen governance and reduce the opportunity
for bribery and corruption; and
(2) how International Development Association-financed
projects contribute to the eventual graduation of a
representative sample of countries from reliance on financing
on concessionary terms and international development
assistance.
(c) Amendment of Report on Fund.--Section 1705(a) of the
International Financial Institutions Act (22 U.S.C. 262r-4(a)) is
amended--
(1) by inserting ``(1)'' before ``the progress''; and
(2) by inserting before the period at the end the
following: ``, and (2) the progress made by the International
Monetary Fund in adopting and implementing the policies
described in section 3(c)(1)(C) of the International Debt
Forgiveness and International Financial Institutions Reform Act
of 2000''.
(d) Report on Debt Relief.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees on the history of debt relief
programs led by, or coordinated with, international financial
institutions, including but not limited to--
(1) the extent to which poor countries and the poorest-of-
the-poor benefit from debt relief, including measurable
evidence of any such benefits; and
(2) the extent to which debt relief contributes to the
graduation of a country from reliance on financing on
concessionary terms and international development assistance.
(e) Report on Operating Expenses.--Not later than 180 days after
the date of enactment of this Act, the Comptroller General shall submit
a report to the appropriate congressional committees describing the
salaries, benefits, and operating expense account of each international
financial institution for the preceding fiscal year.
SEC. 5. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS.
Section 209(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2169(d); relating to bilateral funding for international financial
institutions) is repealed.
SEC. 6. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate, and the Committee on Banking and Financial Services and
the Committee on Appropriations of the House of
Representatives.
(2) Bank.--The term ``Bank'' means the International Bank
for Reconstruction and Development.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) Fund.--The term ``Fund'' means the International
Monetary Fund.
(5) International financial institutions.--The term
``international financial institutions'' means the multilateral
development banks and the International Monetary Fund.
(6) Multilateral development banks.--The term
``multilateral development banks'' means the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Inter-American Development Bank, the Asian Development
Bank, the Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the European
Bank for Reconstruction and Development, and the Multilateral
Investment Guaranty Agency.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury. | Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to exert U.S. influence to strengthen each bank's procedures and management controls to ensure that funds disbursed by it to borrowing countries are used as intended and in a manner that complies with the conditions of the bank's loan to such country.
Directs the Comptroller General to report annually to the appropriate congressional committees on the sufficiency of audits of the financial operations of each multilateral development bank conducted by persons or entities outside of such bank.
Amends the Foreign Assistance Act of 1961 to repeal the President's discretionary authority to transfer certain funds to certain international financial institutions for the purpose of bilateral funding. | {"src": "billsum_train", "title": "International Debt Forgiveness and International Financial Institutions Reform Act of 2000"} | 2,666 | 157 | 0.458295 | 1.367699 | 0.687267 | 5.607692 | 18.238462 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regenerative Medicine Promotion Act
of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Regenerative medicine has the potential to treat many
chronic diseases, promote economic growth, and reduce health
care spending in the United States.
(2) Regenerative medicine products have already
successfully treated numerous health conditions and have the
potential to provide cures, treatments and diagnostics for a
range of diseases and disabilities including diabetes, spinal
cord injury, heart disease, stroke, various forms of cancer,
and other age-related conditions that represent a huge quality
of life, social, and economic burden on society.
(3) A United States national strategy on regenerative
medicine is critical to ensure that this technology fulfills
its potential to cure and treat diseases and disabilities,
reduce overall health care spending, and promote economic
growth.
(4) The Department of Defense has stated that regenerative
medicine has the potential to treat many battlefield injuries
such as burns, that it has the potential to heal wounds without
scarring, and that it has the potential to be used for
craniofacial reconstruction, limb reconstruction, regeneration,
and transplantation.
(5) The Department of Health and Human Services and the
Multi-Agency Tissue Engineering Science Interagency Working
Group have endorsed a national initiative to support research
and product development in regenerative medicine.
(6) The Department of Health and Human Services has said
the potential benefits of regenerative medicine in improved
health care and economic savings are enormous. States that have
invested in regenerative medicine have experienced economic
growth and see future growth potential, including an increase
in biotech employment, payroll increases, and proportional
impacts on tax receipts.
SEC. 3. REPORT ON ONGOING FEDERAL PROGRAMS AND ACTIVITIES REGARDING
REGENERATIVE MEDICINE.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall provide for the
completion, and submission to Congress, of a report identifying all
ongoing Federal programs and activities regarding regenerative
medicine.
SEC. 4. ESTABLISHMENT OF REGENERATIVE MEDICINE COORDINATING COUNCIL.
(a) Establishment.--The Secretary of Health and Human Services
shall establish, in the Office of the Secretary, a Regenerative
Medicine Coordinating Council (in this section referred to as the
``Council'').
(b) Composition.--The Council shall be composed of the following:
(1) The Secretary of Commerce.
(2) The Secretary of Defense.
(3) The Secretary of Health and Human Services.
(4) The Secretary of the Treasury.
(5) The Secretary of Veterans Affairs.
(6) The Administrator of the Agency for Healthcare Research
and Quality.
(7) The Administrator of the Centers for Medicare &
Medicaid Services.
(8) The Commissioner of Food and Drugs.
(9) The Director of the National Institutes of Health.
(10) The Director of the National Institutes of Standards
and Technology.
(11) Such other members as may be appointed by the
Secretary of Health and Human Services.
(c) Chair.--The Secretary of Health and Human Services shall be the
Chair of the Council.
(d) Members Appointed by Secretary.--The members of the Council
appointed by the Secretary of Health and Human Services under
subsection (b)(11) shall include health insurers, regenerative medicine
researchers from academic institutions, patient advocates, persons with
expertise in drug discovery, persons with expertise in drug
development, persons with expertise in basic research, persons with
expertise in translational research, persons with expertise in medical
device development, persons with expertise in biomaterials, and persons
with expertise in clinical research.
(e) Functions.--The Council shall--
(1) prepare, and keep up-to-date, a national strategy to
support research into regenerative medicine and enable the
development of drugs, biological products, medical devices, and
biomaterials for use in regenerative medicine;
(2) develop national goals for regenerative medicine
research and product development;
(3) prepare a plan specifying priorities for research into
regenerative medicine;
(4) identify sources of funding for research into
regenerative medicine;
(5) identify areas where such funding is inadequate or
duplicative;
(6) make recommendations regarding Federal regulatory,
reimbursement, and other policies that will support development
and marketing of regenerative medicine products;
(7) develop consensus standards regarding scientific issues
critical to regulatory approval of regenerative medicine
products; and
(8) determine the need for establishing centers of
excellence or consortia to further advance regenerative
medicine.
(f) Transparency; Reporting Requirements.--
(1) Transparency.--The Council shall adopt procedures to
ensure the receipt of public input, such as holding public
stakeholder meetings or creating advisory boards.
(2) Annual reports.--The Council shall submit an annual
report on its activities to Congress, the Director of the
National Institutes of Health, and the Commissioner of Food and
Drugs. Each such report shall--
(A) provide details on progress in meeting goals
identified by the Council for regenerative medicine;
(B) provide recommendations regarding funding,
regulatory, or other policies to achieve regenerative
medicine goals identified by the Council;
(C) identify regenerative medicine products
currently on the market and those in development;
(D) identify regenerative medicine research and
technological advances and discoveries that occurred in
the previous year; and
(E) assess the impact of regenerative medicine on
the Nation's economy, including with respect to--
(i) the number of people employed in
companies or research institutions working in
regenerative medicine;
(ii) the number of companies pursuing
regenerative medicine products; and
(iii) increases in tax revenues. | Regenerative Medicine Promotion Act of 2014 - Requires the Comptroller General to submit to Congress a report identifying all ongoing federal programs and activities regarding regenerative medicine. Directs the Secretary of Health and Human Services (HHS) to establish a Regenerative Medicine Coordinating Council, which shall: prepare a national strategy to support research into regenerative medicine and enable the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; develop national goals for regenerative medicine research and product development; prepare a plan specifying priorities for research into regenerative medicine; identify sources of funding for research into regenerative medicine and areas where such funding is inadequate or duplicative; make recommendations regarding federal policies to support development and marketing of regenerative medicine products; develop consensus standards regarding scientific issues critical to regulator approval of regenerative medicine products; and determine the need for establishing centers of excellence or consortia to further advance regenerative medicine. Directs the Council to: (1) adopt procedures to ensure the receipt of public input; and (2) submit an annual report on its activities to Congress, the Director of the National Institutes of Health (NIH), and the Commissioner of Food and Drugs (FDA). | {"src": "billsum_train", "title": "Regenerative Medicine Promotion Act of 2014"} | 1,237 | 268 | 0.627428 | 1.9567 | 0.916742 | 5.072961 | 5.064378 | 0.927039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Travel Transparency Act''.
SEC. 2. DISCLOSURE OF INFORMATION REGARDING TRAVEL BY CERTAIN SENIOR
OFFICIALS.
(a) In General.--Section 5707 of title 5, United States Code, is
amended by adding at the end the following:
``(d) Additional Disclosure of Information Regarding Travel by
Certain Senior Officials.--
``(1) Definitions.--In this subsection--
``(A) the term `Administrator' means the
Administrator of General Services;
``(B) the term `covered individual' means--
``(i) the head of an Executive agency; or
``(ii) an individual serving in a position
at level I or II of the Executive Schedule
under section 5312 or 5313, respectively;
``(C) the term `machine-readable form' means a
format in which information or data can be easily
processed by a computer without human intervention
while ensuring no semantic meaning is lost;
``(D) the term `open format' means a technical
format based on an underlying open standard that is--
``(i) not encumbered by restrictions that
would impede use or reuse; and
``(ii) based on an underlying open standard
that is maintained by a standards organization;
and
``(E) the term `travel information website' means
the website used by the Administrator to make available
information under paragraph (2)(B)(i).
``(2) Public availability of travel information for covered
individuals.--
``(A) Reporting.--Not later than 30 business days
after the end of each calendar quarter, each Executive
agency employing 1 or more covered individuals who
performed official travel during the calendar quarter
shall submit to the Administrator data in machine-
readable form and open format regarding the travel by
each such covered individual during the calendar
quarter on a commercial aircraft, privately-owned
aircraft, or Government-owned or Government-leased
aircraft, which shall include--
``(i) the duration of the travel;
``(ii) the destination or destinations of
the travel;
``(iii) the individuals in the travel
party;
``(iv) the justification for the travel;
``(v) the authorizing official who approved
the travel; and
``(vi) the total cost to the Government
for--
``(I) the travel as a whole;
``(II) transportation during the
travel; and
``(III) lodging accommodations
during the travel.
``(B) Public availability.--
``(i) In general.--The Administrator shall
make available online to the public, at no cost
to access, the information provided by
Executive agencies to the Administrator under
subparagraph (A).
``(ii) National security information.--
``(I) In general.--An Executive
agency may exclude national security
sensitive travel information from the
travel information submitted to the
Administrator if the Executive agency
determines public online disclosure of
the national security sensitive travel
information would result in harm to
national security interests.
``(II) Justification.--Each
Executive agency shall establish and
preserve an accurate record documenting
each instance in which the Executive
agency excluded national security
sensitive travel information from
submission, as authorized in subclause
(I), which shall include information
explaining how public online disclosure
of the national security sensitive
travel information would have resulted
in harm to national security interests.
``(C) Use of existing resources.--To the maximum
extent practicable, the Administrator shall use a
website in existence on the date of enactment of this
subsection to carry out this subsection.
``(3) Requirements.--Not later than 30 business days after
the date on which the Administrator receives information from
an Executive agency regarding travel by a covered individual
under paragraph (2)(A), the Administrator shall make the
information available on the travel information website.
``(4) Classified trips.--
``(A) In general.--Nothing in this subsection shall
preclude an Executive agency from excluding from the
information submitted to the Administrator information
regarding classified travel.
``(B) Maintaining of information.--An Executive
agency shall maintain information relating to
classified travel by a covered employee until the end
of the 2-year period beginning on the date on which the
classified travel concludes.
``(5) Auditing.--The Inspector General of each Executive
agency may, as determined appropriate by the Inspector
General--
``(A) conduct and publish an audit of the accuracy
and completeness of information the Executive agency
provides to the Administrator under paragraph (2)(A);
``(B) conduct an audit of determinations by the
Executive agency to exclude information under paragraph
(2)(B)(ii) to ensure each such decision was appropriate
and justified in regard to protecting national security
interests from harm that would have resulted from
public online disclosure; and
``(C) provide each committee of Congress with
jurisdiction over the activities of or appropriations
for the Executive agency with written notification if
the Inspector General determines that the Executive
agency is improperly withholding, or failed to justify
the withholding of, information from the Administrator
under paragraph (2)(B)(ii).''.
(b) Relation to Other Reporting Requirements.--Nothing in the
amendment made by subsection (a) shall be construed to modify or
supercede the reporting requirements under the Federal Travel
Regulation (including the requirements relating to the Senior Federal
Travel report, or any successor thereto) or under any other provision
of law. | Federal Travel Transparency Act This bill requires a federal executive agency to report additional information to the General Services Administration (GSA) regarding travel by the agency head or certain high-level officials compensated on the Executive Schedule. The GSA must make the information publicly available on a travel information website. | {"src": "billsum_train", "title": "Federal Travel Transparency Act"} | 1,236 | 63 | 0.516456 | 1.223582 | 0.896827 | 1.709091 | 21 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
2001''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
``(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is
in utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead
of being punished under subparagraph (A), be punished as provided under
sections 1111, 1112, and 1113 of this title for intentionally killing
or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i),
924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120,
1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512,
1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and
(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a
child in utero, and the term `child in utero' or `child, who is in
utero' means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children........................ 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn
children
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under this chapter for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the accused intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall, instead
of being punished under subparagraph (A), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means
a member of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. Art. 119a. Causing death of or bodily injury to unborn
children.''.
Passed the House of Representatives April 26, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Unborn Victims of Violence Act of 2001 - Provides that: (1) whoever engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes) and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense; and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being. Prohibits imposition of the death penalty for an offense under this Act.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. | {"src": "billsum_train", "title": "To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes."} | 1,758 | 361 | 0.630556 | 2.020377 | 0.782208 | 6.741641 | 4.720365 | 0.948328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Hydrogen Passenger Vehicle
Act of 2005''.
SEC. 2. RENEWABLE HYDROGEN TRANSPORTATION DEMONSTRATION PROGRAM.
(a) Findings.--Congress finds that--
(1) reductions in local air pollution, greenhouse gas
emissions, and oil imports resulting from the introduction of
vehicles with gasoline-powered internal combustion hybrid
electric engines will be only temporary, as improved fuel
economy of the hybrid vehicles is offset by increases in
vehicle miles traveled;
(2) direct substitution of farm-based renewable fuels for
gasoline in gasoline-powered internal combustion hybrid
electric engines will result in further reductions in local air
pollution, greenhouse gas emissions, and oil imports;
(3) for permanent reductions in criteria pollutants,
greenhouse gas emissions, and oil imports, Congress should
establish as a national goal the development of renewable
hydrogen as a clean effective energy carrier;
(4) the development of vehicles powered by hydrogen derived
from domestic renewable resources such as ethanol, energy
crops, agricultural waste, landfill gas, municipal solid waste,
wind power, and solar electricity, will--
(A) substantially and permanently reduce local air
pollution and greenhouse gas emissions;
(B) improve the energy security of the United
States; and
(C) create domestic jobs;
(5) notwithstanding paragraph (4), as of the date of
enactment of this Act, the fuel cell technology required to
make the most efficient use of renewable hydrogen is too costly
and has not achieved the reliability necessary for consumer
acceptance in the near term;
(6) in the near term (before affordable and reliable fuel
cell vehicles are developed), hydrogen-powered internal
combustion engine hybrid electric vehicles have been developed
that can achieve more than 90 percent of the environmental
benefits and 100 percent of the oil import reduction benefits
of fuel cell vehicles;
(7) in addition to robust research and development for fuel
cell vehicles, a program to develop and demonstrate renewable
hydrogen production and distribution technology is justified;
(8) reforming ethanol at a vehicle fueling station may be
the least costly method of producing renewable hydrogen;
(9) a low cost renewable hydrogen vehicle demonstration
program that will yield valuable information regarding an
interim transition strategy of using hydrogen-powered internal
combustion engine hybrid electric vehicles to pave the way for
fuel cell vehicles once fuel cell vehicles become affordable
and reliable can be implemented in 1 year; and
(10) the introduction of commercial hydrogen internal
combustion engine hybrid electric vehicles can provide the
economic incentives to help stimulate development of hydrogen
fueling systems at existing gasoline fueling stations to
convert ethanol to hydrogen onsite, thereby significantly
accelerating the adoption of super-clean renewable hydrogen as
an alternative to gasoline made from imported crude oil.
(b) Program.--Section 9007 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107) is amended by adding at the end
the following:
``(c) Demonstration Program.--
``(1) In general.--The Secretary of Energy, in coordination
with the Secretary, shall conduct a 3-year program to develop
and demonstrate the cost-effective operation of a fleet of at
least 10 direct hydrogen passenger vehicles based on existing
commercial technology under which the hydrogen is derived from
ethanol or other domestic low-cost transportable renewable
feedstocks.
``(2) Goals.--The goals of the program shall include--
``(A) demonstrating the cost-effective conversion
of ethanol or other low-cost transportable renewable
feedstocks to pure hydrogen suitable for eventual use
in proton exchange membrane fuel cell vehicles at 1 or
more local fueling stations, including hydrogen
compression and storage necessary to fill vehicle tanks
to their operational pressure, using existing
commercial reforming technology or modest modifications
of existing technology to reform ethanol or other low-
cost transportable renewable feedstocks into hydrogen;
``(B) converting 10 or more commercially available
internal combustion engine hybrid electric passenger
vehicles to operate on hydrogen;
``(C) installing and operating an ethanol reformer
or reformer of another low-cost transportable renewable
feedstock (including onsite hydrogen compression,
storage, and dispensing) at the facilities of a fleet
operator not later than 1 year after commencement of
the program;
``(D) operating the 10 or more hydrogen internal
combustion engine hybrid electric vehicles for a period
of 2 years; and
``(E) collecting emissions and fuel economy data on
the 10 hydrogen-powered vehicles over various operating
conditions and weather conditions.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000.''. | Renewable Hydrogen Passenger Vehicle Act of 2005 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Energy, in coordination with the Secretary of Agriculture, to conduct a three-year program to develop and demonstrate the cost-effective operation of a fleet of at least ten direct hydrogen passenger vehicles based on existing commercial technology under which the hydrogen is derived from ethanol or other domestic low-cost transportable renewable feedstocks. | {"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment Act of 2002 to provide for a program to develop and demonstrate the cost-effective operation of a fleet of renewable hydrogen passenger vehicles."} | 982 | 99 | 0.61101 | 1.552973 | 0.904705 | 6.012048 | 11.554217 | 0.951807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education Act
of 2011''.
SEC. 2. PURPOSE.
It is the purpose of this Act to ensure that Federal funding is
provided to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students they admit to an
undergraduate college program, including the waiver of tuition charges
for Indian students who are not residents of the State in which the
college is located.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Native American-serving nontribal college institutions
have a valuable supplemental role to that provided by tribally
controlled community colleges in making available educational
opportunities to Native American Indian students.
(2) Some four-year Native American-serving nontribal
college institutions provide tuition-free education, with the
support of the State in which they are located, as mandated by
Federal statute, to hundreds of Native American Indian students
in fulfillment of a condition under which the United States
provided land and facilities for such colleges to a State or
college.
(3) The value of the Native student tuition waiver benefits
contributed by these colleges and the States which support them
today far exceeds the value of the original grant of land and
facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Indian students is
no longer equitably shared among the States and colleges
because it does not distinguish between Indian students who are
residents of the State or of another State.
(5) Native student tuition waiver benefits are now at risk
of being terminated by severe budget constraints being
experienced by these colleges and the States which support
them.
SEC. 4. STATE RELIEF FROM FEDERAL MANDATE.
(a) Amount of Payment.--
(1) In general.--Subject to paragraphs (2) and (3), for
fiscal year 2011 and each succeeding fiscal year, the Secretary
of Education shall pay to any eligible college an amount equal
to the charges for tuition for all Indian students who are not
residents of the State in which the college is located and who
are enrolled in the college for the academic year ending before
the beginning of such fiscal year.
(2) Eligible colleges.--For purposes of this section, an
eligible college is any four-year Native American-serving
nontribal institution of higher education which provides
tuition-free education as mandated by Federal statute, with the
support of the State in which it is located, to Native American
Indian students in fulfillment of a condition under which the
college or State received its original grant of land and
facilities from the United States.
(3) Limitation.--The amount paid to any college for each
fiscal year under paragraph (1) may not exceed the amount equal
to the charges for tuition for all Indian students of that
college who were not residents of the State in which the
college is located and who were enrolled in the college for
academic year 2010-2011.
(b) Treatment of Payment.--Any amounts received by a college under
this section shall be treated as a reimbursement from the State in
which the college is located, and shall be considered as provided in
fulfillment of any Federal mandate upon the State to admit Indian
students free of charge of tuition.
(c) Rule of Construction.--Nothing in this Act shall be construed
to relieve any State from any mandate it may have under Federal law to
reimburse a college for each academic year--
(1) with respect to Indian students enrolled in the college
who are not residents of the State in which the college is
located, any amount of charges for tuition for such students
that exceeds the amount received under this section for such
academic year; and
(2) with respect to Indian students enrolled in the college
who are residents of the State in which the college is located,
an amount equal to the charges for tuition for such students
for such academic year.
(d) Definitions.--In this section, the term ``Indian students''
includes reference to the term ``Indian pupils'' as that term has been
utilized in Federal statutes imposing a mandate upon any college or
State to provide tuition-free education to Native American Indian
students in fulfillment of a condition under which it received its
original grant of land and facilities from the United States.
(e) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 5. OFFSET.
(a) In General.--Notwithstanding any other provision of law, of all
available unobligated funds, $15,000,000 in appropriated discretionary
funds are hereby rescinded.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify from which appropriation accounts
the rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of the enactment of this Act, the Director of the
Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined and
identified for rescission under the preceding sentence.
(c) Exception.--This section shall not apply to the unobligated
funds of the Department of Defense, the Department of Veterans Affairs,
or the Department of Education. | Native American Indian Education Act of 2011 - Directs the Secretary of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government.
Limits that payment each fiscal year to the institution's total out-of-state tuition for Indian students in academic year 2010-2011.
Treats such payments as reimbursements to such institutions from their states.
Rescinds unobligated discretionary appropriations to offset the costs of this program. | {"src": "billsum_train", "title": "To help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians."} | 1,134 | 156 | 0.644798 | 1.714216 | 0.819866 | 3.539568 | 7.899281 | 0.863309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Energy Access Jobs Act'' or
the ``SEA Jobs Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Ocean Energy Management.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--The term ``qualified revenues''
means all bonus bids, rentals and royalties (and other sums)
due and payable to the United States from all leases entered
into after the date of enactment of this Act that covers an
area in the South Atlantic planning area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) South atlantic planning area.--The term ``South
Atlantic planning area'' means the area of the outer
Continental Shelf (as defined in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of
the Commonwealth of Virginia and the southernmost lateral
seaward administrative boundary of the State of Georgia.
(6) State.--The term ``State'' means any of the following
States:
(A) Georgia.
(B) North Carolina.
(C) South Carolina.
(D) Virginia.
(7) Workforce investment board.--The term ``workforce
investment board'' means a State or local workforce investment
board established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.).
SEC. 3. ENHANCING STATE RIGHTS.
(a) In General.--The Secretary shall promulgate regulations that
establish management of the surface occupancy of each portion of the
South Atlantic planning area for the applicable coastline of a State
for any lease sale authorized under this Act to the effect that--
(1) the applicable State shall have sole authority to
restrict or allow surface facilities above the waterline for
the purpose of production of oil or gas resources in any area
that is within 12 nautical miles seaward from the coastline of
the State;
(2) unless permanent surface occupancy is authorized by a
State, only sub-surface production facilities may be installed
in areas that are located between the point that is 12 nautical
miles from seaward from the coastline of the State and the
point that is 20 nautical miles seaward from the coastline of
the State;
(3) new offshore production facilities are encouraged and
the impacts on coastal vistas are minimized, to the maximum
extent practical; and
(4) onshore facilities that facilitate the development and
production of the oil and gas resources of the South Atlantic
planning area within 12 nautical miles seaward of the coastline
of a State are allowed.
(b) Temporary Activities Not Affected.--Nothing in the regulations
described in subsection (a) shall restrict, or give the States
authority to restrict, temporary surface activities related to
operations associated with outer Continental Shelf oil and gas leases.
SEC. 4. REINSTATEMENT OF VIRGINIA LEASE SALE 220.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall conduct Lease Sale 220 (as described in the notice of
intent to prepare an environmental impact statement dated November 13,
2008 (73 Fed. Reg. 67201)).
SEC. 5. SOUTH CAROLINA LEASE SALE.
(a) In General.--Notwithstanding the exclusion of the South
Atlantic planning area in the outer Continental Shelf leasing program
for fiscal years 2012-2017 prepared under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall
conduct a lease sale not later than 2 years after the date of enactment
of this Act in areas off the coast of the State of South Carolina--
(1) determined by the Secretary to have the most
geologically promising hydrocarbon resources; and
(2) that constitute not less than 25 percent of the
leasable area located within the offshore administrative
boundaries of the State of South Carolina depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS)
Administrative Boundaries Extending from the Submerged Lands
Act Boundary seaward to the Limit of the United States Outer
Continental Shelf'', published January 3, 2006 (71 Fed. Reg.
127).
(b) Environmental Impact Statement.--The Secretary shall complete a
multisale environmental impact statement for the lease sales conducted
under subsection (a) and section 4.
SEC. 6. SOUTH ATLANTIC PLANNING AREA LEASE SALES.
(a) In General.--The Secretary shall conduct 3 lease sales in the
South Atlantic planning area before June 30, 2017, in areas--
(1) to be determined by the Secretary based on--
(A) analysis by the Bureau of Ocean Energy
Management; and
(B) industry nomination; and
(2) determined by the Secretary to contain the most
hydrocarbon resource potential.
(b) 2017-2022 Leasing Program.--The Secretary shall--
(1) include the South Atlantic planning area in the outer
Continental Shelf leasing program for fiscal years 2017-2022
prepared under section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344); and
(2) conduct 1 lease sale in the South Atlantic planning
area during each year of the program, for a total of 5 lease
sales.
SEC. 7. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS.
(a) In General.--In recognition that the outer Continental Shelf
oil and gas leasing program and the domestic energy resources produced
under the program are integral to national security, the Secretary and
the Secretary of Defense shall work jointly in implementing lease sales
under this Act--
(1) to preserve the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the outer Continental Shelf; and
(2) to allow effective exploration, development, and
production of the oil, gas, and renewable energy resources of
the United States.
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the outer Continental Shelf under a lease issued under
this Act that would conflict with any military operation, as determined
in accordance with--
(1) the agreement entitled ``Memorandum of Agreement
between the Department of Defense and the Department of the
Interior on Mutual Concerns on the Outer Continental Shelf''
signed July 20, 1983; and
(2) any revision or replacement for the agreement described
in paragraph (1) that is agreed to by the Secretary of Defense
and the Secretary after that date but before the date of
issuance of the lease under which the exploration, development,
or production is conducted.
SEC. 8. REVENUE SHARING AND DEFICIT REDUCTION.
Notwithstanding section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338), each fiscal year the Secretary shall deposit--
(1) 37.5 percent of the qualified revenues in a special
account in the Treasury, from which the Secretary shall
allocate amounts in accordance with section 9;
(2) 2.5 percent of the qualified revenues in the fund
established by section 10(b)(1), from which the Secretary shall
allocate amounts in accordance with that section;
(3) 10 percent of the qualified revenues dedicated towards
deficit reduction; and
(4) 50 percent of the qualified revenues in the general
fund of the Treasury.
SEC. 9. ALLOCATION TO STATES.
(a) In General.--Of the qualified revenues deposited in the account
under section 8(1), 37.5 percent shall be distributed to each State--
(1) using the formula established under subsection (b); and
(2) in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
State that is closest to the geographic center of the
applicable leased tract and the geographic center of the leased
tract.
(b) Formula.--The formula used to make the calculation under
subsection (a) shall be--
(1) established by the Secretary by regulation; and
(2) modeled after the final rule entitled ``Allocation and
Disbursement of Royalties, Rentals, and Bonuses--Oil and Gas,
Offshore'', dated December 23, 2008 (73 Fed. Reg. 78622).
(c) Minimum Allocation.--Each State shall be entitled to an amount
equal to not less than 10 percent of the qualified revenues allocated
under subsection (a).
(d) Use of Funds.--A State receiving amounts under this section may
use the amounts in accordance with State law.
SEC. 10. VETERANS JOBS GRANT PROGRAM AUTHORIZED.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund, to be known as the ``Oil and Gas
Production Veterans Workforce Training Fund'' (referred to in
this section as the ``Fund''), consisting of such amounts as
are transferred to the Fund under section 8(2).
(2) Administration.--The Fund shall be administered by the
Secretary to fund the grants authorized by subsection (b).
(b) Grants Authorized.--
(1) In general.--The Secretary, acting through the
Director, shall award grants on a competitive basis to eligible
institutions of higher education and workforce investment
boards to establish and fund oil and gas exploration,
development, and production workforce training programs.
(2) Eligibility.--To be eligible to receive a grant under
this section, an institution of higher education or workforce
investment board shall--
(A) establish or expand and administer an oil and
gas exploration, development, and production workforce
training program; and
(B) in granting admission to applicants to the
program, give priority to veterans of the Armed Forces
of the United States.
(3) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(4) Limitation on administrative expenses.--Not more than
0.5 percent of the amounts made available to carry out this
section may be used to pay for the administrative expenses of
the programs described in paragraph (1).
SEC. 11. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S
ENERGY FUTURE.
(a) In General.--The Secretary, acting through the Director, shall
partner with institutions of higher education selected under subsection
(c) to facilitate the practical study of geological and geophysical
sciences of areas on the Atlantic Outer Continental Shelf and elsewhere
on the Continental Shelf of the United States.
(b) Focus.--Activities conducted by institutions of higher
education under this section shall focus all geological and geophysical
scientific research on obtaining a better understanding of hydrocarbon
potential in the South Atlantic Planning Area while fostering the study
of the geological and geophysical sciences at institutions of higher
education in the United States.
(c) Selection of Institutions.--
(1) Nomination.--Not later than 180 days after the date of
enactment of this Act, the Governor of each State may nominate
for participation in a partnership--
(A) 1 institution of higher education located in
the State; and
(B) 1 institution of higher education that is a
historically Black college or university, as defined in
section 631(a) of the Higher Education Act of 1965 (20
U.S.C. 1132(a)) located in the State.
(2) Preference.--In making nominations under paragraph (1),
each Governor shall give preference to those institutions of
higher education that demonstrate a vigorous rate of admissions
of veterans of the Armed Forces of the United States and meet
the criteria described in paragraph (3).
(3) Selection.--The Director shall select as a partner any
institution of higher education nominated under paragraph (1)
that the Director determines demonstrates excellence in 1 or
more of the following criteria:
(A) Geophysical sciences curriculum.
(B) Engineering curriculum.
(C) Information technology or other technical
studies related to seismic research, including data
processing.
(d) Research Authority.--
(1) In general.--Except as provided in paragraph (2), an
institution of higher education selected under subsection
(c)(3) may conduct research under this section upon the
expiration of the 30-day period beginning on the date the
institution of higher education submits notice of the research
to the South Atlantic Regional Director of the Bureau of Ocean
Energy Management.
(2) Permit required.--An institution of higher education
may not under this section conduct research that uses solid or
liquid explosives except as authorized by a permit issued by
the Director.
(e) Data.--
(1) In general.--Geological and geophysical activities
conducted under this section--
(A) shall be considered scientific research and
data produced by the activities;
(B) shall not be used or shared for commercial
purposes;
(C) shall not be produced for proprietary use or
sale; and
(D) shall be made available by the Director to the
public.
(2) Submission of data to boem.--Not later than 60 days
after completion of initial analysis of data collected under
this section by an institution of higher education selected
under subsection (c)(3), the institution of higher education
shall share with the Bureau of Ocean Energy Management any data
collected that is requested by the Bureau of Ocean Energy
Management.
(3) Fees.--The Director may not charge any fee for the
provision of data produced in research under this section,
other than a data reprocessing fee to pay the cost of
duplicating the data.
(f) Report.--Not less frequently than once every 180 days, the
Director 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 the data derived from partnerships under
this section.
SEC. 12. ATLANTIC REGIONAL OFFICE.
Not later than the last day of the outer Continental Shelf leasing
program for fiscal years 2012-2017 prepared under section 18 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director shall
establish an Atlantic regional office in an area that is--
(1) included in the outer Continental Shelf leasing program
for fiscal years 2017-2022 prepared under section 18 of that
Act; and
(2) determined by the Director to have the most potential
resource development. | Southern Energy Access Jobs Act or the SEA Jobs Act - Directs the Secretary of the Interior (Secretary) to promulgate regulations that establish management of the surface occupancy of each portion of the South Atlantic planning area for the coastline of a state for any lease sale authorized under this Act. Requires the state under such regulations to have sole authority to restrict or allow surface facilities above the waterline for the purpose of producing oil or gas resources in any area within 12 nautical miles seaward from its coastline. Allows the installation of only sub-surface production facilities in areas located between points 12 and 20 nautical miles seaward from the state coastline, unless the state authorizes permanent surface occupancy. Requires new offshore production facilities to be encouraged and the impacts on coastal vistas minimized. Requires that onshore facilities be allowed that facilitate development and production of oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of a state coastline. Directs the Secretary to conduct Virginia Lease Sale 220. Requires the Secretary to conduct a lease sale within two years after enactment of this Act in areas off the coast of South Carolina that: (1) have the most geologically promising hydrocarbon resources, and (2) constitute at least 25% of the leasable area located within certain offshore administrative boundaries. Requires the Secretary to conduct before June 30, 2017, three lease sales in the South Atlantic planning area that contains the most hydrocarbon resource potential. Directs the Secretary to: (1) include the South Atlantic planning area within a specified outer Continental Shelf (OCS) leasing program for FY2017-FY2022; and (2) conduct one lease sale in the South Atlantic planning area during each year of the program, for a total of five lease sales. Directs the Secretary and the Secretary of Defense (DOD) to implement lease sales jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allow exploration, development, and production of U.S. oil, gas, and renewable energy resources. Prohibits exploration, development, or production of oil or natural gas on the OCS that would conflict with military operations set forth in specified documents. Prescribes specified percentages of qualified revenues for: (1) deposit into the Treasury, (2) deficit reduction, and (3) allocation to certain states. Establishes the Oil and Gas Production Veterans Workforce Training Fund. Requires the Secretary, acting through the Director of the Bureau of Ocean Energy Management (BOEM), to partner with certain institutions of higher education to facilitate the study of geological and geophysical sciences on the Atlantic OCS and elsewhere on the U.S. Continental Shelf. Requires the BOEM Director to establish an Atlantic regional office in an area with the most potential resource development that is also in a certain OCS leasing program for FY2017-FY2022. | {"src": "billsum_train", "title": "SEA Jobs Act"} | 3,152 | 619 | 0.661944 | 2.367168 | 0.82958 | 4.041894 | 5.36612 | 0.901639 |
AND MEDIATION PROGRAM AUTHORIZED.
(a) In General.--The Secretary of Education is authorized to make
grants to local educational agencies to provide assistance to schools
served by the agency that are most directly affected by conflict and
violence.
(b) Model Project.--The Secretary shall develop a written model for
conflict resolution and mediation written within 90 days and make such
model available to any local educational agency that requests such
information.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for fiscal year 2010 and such sums as may be
necessary for each of the fiscal years 2011 through 2015 to carry out
the projects under this Act.
SEC. 4. USE OF FUNDS.
Grants made by the Secretary under this Act shall be used to
develop programs for conflict resolution and mediation for students,
teachers, and other personnel in regular contact with students at
school.
SEC. 5. ELIGIBLE APPLICANTS.
(a) In General.--In order to be eligible to receive a grant under
this Act for any fiscal year, a local educational agency shall submit
an application to the Secretary in such form and containing such
information as the Secretary may reasonably require.
(b) Requirements.--Each application under subsection (a) shall
include--
(1) a request for funds for the purposes described in
section 2(b);
(2) information about the schools and communities to be
served by the grant, including the nature of the conflict and
violence problems within and around the schools;
(3) statistical information in such form and containing
such information that the Secretary may require regarding
conflict and violence within such schools and surrounding
communities; and
(4) assurances that Federal funds received under this Act
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this Act.
(c) Comprehensive Plan.--Each application shall include a
comprehensive plan that shall contain--
(1) a description of the conflict and violence problems
within the schools served by the local educational agency and
surrounding community targeted for assistance;
(2) a description of the resources available in the
community to help implement the plan together with a
description of the areas in the plan that cannot be filled with
existing resources; and
(3) a description of the system the applicant will
establish to prevent and reduce ongoing conflict and violence
problems.
SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation.--The Secretary shall use not
more than 5 percent of the funds available under this Act for the
purposes of administration and technical assistance.
(b) Renewal of Grants.--A grant under this Act may be renewed for
not more than 2 additional years after the first fiscal year during
which the recipient receives an initial grant under this Act, subject
to the availability of funds, if--
(1) the Secretary determines that the funds made available
to the recipient during the previous year were used in a manner
required under the approved application; and
(2) the Secretary determines that an additional grant is
necessary to implement the violence prevention program
described in the comprehensive plan as required by section
5(c).
SEC. 7. AWARD OF GRANTS.
(a) Selection of Recipients.--The Secretary shall consider the
following factors in awarding grants to local educational agencies:
(1) Conflict and violence problem.--The nature and scope of
the violence problem in the targeted schools.
(2) Need and ability.--Demonstrated need and evidence of
the ability to provide the services described in the plan
required under section 5(c).
(3) Population.--The number of students to be served by the
plan required under section 5(c).
(b) Geographic Distribution.--The Secretary shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
SEC. 8. REPORTS.
(a) Reports.--Local educational agencies that receive funds under
this Act shall submit to the Secretary a detailed report not later than
March 1 of each year that describes progress achieved in carrying out
the plan required under section 5(c).
(b) Report to Congress.--The Secretary shall submit to the Congress
a report by October 1 of each year in which grants are made available
under this Act which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of statistical
information submitted by applicants under section 5(b)(3), and an
evaluation of programs established under this Act.
SEC. 9. DEFINITIONS.
For the purpose of this Act:
(1) The term ``local educational agency'' has the meaning
given such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``Secretary'' means the Secretary of
Education. | Conflict Resolution and Mediation Act of 2009 - Authorizes the Secretary of Education to award grants to local educational agencies (LEAs) for the development and implementation of conflict resolution and mediation programs for students, teachers, and other school personnel at their schools most directly affected by conflict and violence.
Directs the Secretary to develop a written model for conflict resolution and mediation and make such model available to any LEA that requests it. | {"src": "billsum_train", "title": "To provide assistance to local educational agencies for the prevention and reduction of conflict and violence."} | 1,026 | 89 | 0.622844 | 1.511154 | 1.335362 | 2.8375 | 12.1875 | 0.8875 |
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