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SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a qualified
airline employee receives any airline payment amount and
transfers any portion of such amount to a traditional IRA
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act), then such
amount (to the extent so transferred) shall be treated as a
rollover contribution described in section 402(c) of the
Internal Revenue Code of 1986. A qualified airline employee
making such a transfer may exclude from gross income the amount
transferred, in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier.
(2) Transfer or amounts attributable to airline payment
amount following rollover to roth ira.--A qualified, airline
employee who has contributed an airline payment amount to a
Roth IRA that is treated as a qualified rollover contribution
pursuant to section 125 of the Worker, Retiree, and Employer
Recovery Act of 2008, may transfer to a traditional IRA, in a
trustee-to-trustee transfer, all or any part of the
contribution (together with any net income allocable to such
contribution), and the transfer to the traditional IRA will be
deemed to have been made at the time of the rollover to the
Roth IRA, if such transfer is made within 180 days of the date
of the enactment of this Act. A qualified airline employee
making such a transfer may exclude from gross income the
airline payment amount previously rolled over to the Roth IRA,
to the extent an amount attributable to the previous rollover
was transferred to a traditional IRA, in the taxable year in
which the airline payment amount was paid to the qualified
airline employee by the commercial passenger airline carrier.
No amount so transferred to a traditional IRA may be treated as
a qualified rollover contribution with respect to a Roth IRA
within the 5-taxable year period beginning with the taxable
year in which such transfer was made.
(3) Extension of time to file claim for refund.--A
qualified airline employee who excludes an amount from gross
income in a prior taxable year under paragraph (1) or (2) may
reflect such exclusion in a claim for refund filed within the
period of limitation under section 6511(a) of such Code (or, if
later, April 15, 2013).
(4) Overall limitation on amounts transferred to
traditional iras.--
(A) In general.--The aggregate amount of airline
payment amounts which may be transferred to 1 or more
traditional IRAs under paragraphs (1) and (2) with
respect to any qualified employee for any taxable year
shall not exceed the excess (if any) of--
(i) 90 percent of the aggregate airline
payment amounts received by the qualified
airline employee during the taxable year and
all preceding taxable years, over
(ii) the aggregate amount of such transfers
to which paragraphs (1) and (2) applied for all
preceding taxable years.
(B) Special rules.--For purposes of applying the
limitation under subparagraph (A)--
(i) any airline payment amount received by
the surviving spouse of any qualified employee,
and any amount transferred to a traditional IRA
by such spouse under subsection (d), shall be
treated as an amount received or transferred by
the qualified employee, and
(ii) any amount transferred to a
traditional IRA which is attributable to net
income described in paragraph (2) shall not be
taken into account.
(5) Covered executives not eligible to make transfers.--
Paragraphs (1) and (2) shall not apply to any transfer by a
qualified airline employee (or any transfer authorized under
subsection (d) by a surviving spouse of the qualified airline
employee) if at any time during the taxable year of the
transfer or any preceding taxable year the qualified airline
employee held a position described in subparagraph (A) or (B)
of section 162(m)(3) with the commercial passenger airline
carrier from whom the airline payment amount was received.
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue
Code of 1986 and section 209 of the Social Security Act, an airline
payment amount shall not fail to be treated as a payment of wages by
the commercial passenger airline carrier to the qualified airline
employee in the taxable year of payment because such amount is excluded
from the qualified airline employee's gross income under subsection
(a).
(c) Definitions and Special Rules.--For purposes of this section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment
amount'' means any payment of any money or other
property which is payable by a commercial passenger
airline carrier to a qualified airline employee--
(i) under the approval of an order of a
Federal bankruptcy court in a case filed after
September 11, 2001, and before January 1, 2007,
and
(ii) in respect of the qualified airline
employee's interest in a bankruptcy claim
against the carrier, any note of the carrier
(or amount paid in lieu of a note being
issued), or any other fixed obligation of the
carrier to pay a lump sum amount.
The amount of such payment shall be determined without
regard to any requirement to deduct and withhold tax
from such payment under sections 3102(a) of the
Internal Revenue Code of 1986 and 3402(a) of such Code.
(B) Exception.--An airline payment amount shall not
include any amount payable on the basis of the
carrier's future earnings or profits.
(2) Qualified airline employee.--The term ``qualified
airline employee'' means an employee or former employee of a
commercial passenger airline carrier who was a participant in a
defined benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust
exempt from tax under section 2501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and (3) of
section 402(b) of the Pension Protection Act of 2006.
(3) Traditional ira.--The term ``traditional IRA'' means an
individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the meaning given
such term by section 408A(b) of such Code.
(d) Surviving Spouse.--If a qualified airline employee died after
receiving an airline payment amount, or if an airline payment amount
was paid to the surviving spouse of a qualified airline employee in
respect of the qualified airline employee, the surviving spouse of the
qualified airline employee may take all actions permitted under section
125 of the Worker, Retiree, and Employer Recovery Act of 2008, or under
this section, to the same extent that the qualified airline employee
could have done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date. | Allows a current or former employee of a commercial passenger airline who receives a payment of any money or other property payable by an airline pursuant to a court order filed in a bankruptcy case after September 11, 2001, and before January 1, 2007 (airline payment amount), to: (1) make a tax-free rollover of such amount to a traditional individual retirement account (IRA) within 180 days of receipt (or within 180 days of the enactment of this Act, if later); and (2) transfer, without tax penalty, an airline payment amount contributed to a Roth IRA to a traditional IRA if such transfer is made within 180 days after the enactment of this Act. Excludes from the gross income of an airline employee amounts transferred to a traditional IRA under this Act. Imposes a limit on the aggregate amount transferrable to a traditional IRA. | {"src": "billsum_train", "title": "To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy."} | 1,610 | 195 | 0.690324 | 1.907528 | 0.584231 | 3.520958 | 8.862275 | 0.946108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Marketing Illegal Drugs to
Minors Act''.
SEC. 2. SENTENCING ENHANCEMENTS FOR MARKETING CONTROLLED SUBSTANCES TO
MINORS.
Section 418 of the Controlled Substances Act (21 U.S.C. 859) is
amended--
(1) in the section heading, by adding at the end the
following: ``; marketing to minors'';
(2) in subsection (a), by inserting after ``twenty-one
years of age'' the following: ``, or who manufactures, creates,
distributes, or possesses with intent to distribute a
controlled substance that is flavored, colored, packaged, or
otherwise altered in a way that is designed to make that
controlled substance more appealing to a person under twenty-
one years of age, or who attempts or conspires to do so,'';
(3) in subsection (b), by inserting after ``twenty-one
years of age'' the following: ``, or who manufactures, creates,
distributes, or possesses with intent to distribute a
controlled substance that is flavored, colored, packaged, or
otherwise altered in a way that is designed to make that
controlled substance more appealing to a person under twenty-
one years of age, or who attempts or conspires to do so,''; and
(4) by adding at the end the following:
``(c) If the controlled substance that is involved in an offense
under this section is methamphetamine, its salts, isomers, and salts of
its isomers or a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers, unless a
greater term of imprisonment is imposed under another provision of this
Act, the offender shall--
``(1) in the case of a first offense--
``(A) if the amount of the methamphetamine involved
is 50 grams or more or of the mixture involved is 500
grams or more, be fined not more than $8,000,000 if an
individual and not more than $20,000,000 if a person
other than an individual, and imprisoned for any term
of years not less than 20, or for life;
``(B) if the amount of methamphetamine involved is
not less than 5 nor more than 50 grams or of the
mixture is not less than 50 grams nor more than 500
grams, be fined not more than $4,000,000 if an
individual and not more than $10,000,000 if a person
other than an individual, and imprisoned for any term
of years not less than 10, nor more than 80; and
``(C) fined not more than $2,000,000 if an
individual and not more than $10,000,000 if a person
other than an individual, and imprisoned any term or
years not less than 5 nor more than 40, in any other
case;
``(2) in the case of a second offense--
``(A) if the amount of the methamphetamine involved
is 50 grams or more or of the mixture involved is 500
grams or more, be fined not more than $16,000,000 if an
individual and not more than $40,000,000 if a person
other than an individual, and imprisoned for any term
of years not less than 40, or for life;
``(B) if the amount of methamphetamine involved is
not less than 5 but is less than 50 grams or of the
mixture is not less than 50 grams but is less than 500
grams, be fined not more than $8,000,000 if an
individual and not more than $20,000,000 if a person
other than an individual, and imprisoned for any term
of years not less than 20, or for life; and
``(C) fined not more than $4,000,000 if an
individual and not more than $20,000,000 if a person
other than an individual, and imprisoned any term or
years not less than 10 nor more than 60, in any other
case; and
``(3) in the case of a third or subsequent offense--
``(A) if the amount of the methamphetamine involved
is 50 grams or more or of the mixture involved is 500
grams or more, be fined not more than $32,000,000 if an
individual and not more than $80,000,000 if a person
other than an individual, and imprisoned for life;
``(B) if the amount of methamphetamine involved is
not less than 5 but is less than 50 grams or of the
mixture is not less than 50 grams but is less than 500
grams, be fined not more than $16,000,000 if an
individual and not more than $40,000,000 if a person
other than an individual, and imprisoned for life; and
``(C) fined not more than $8,000,000 if an
individual and not more than $40,000,000 if a person
other than an individual, and imprisoned for life, in
any other case.''. | Stop Marketing Illegal Drugs to Minors Act - Amends the Controlled Substances Act to impose increased prison terms on individuals who manufacture, create, distribute, or possess with intent to distribute a controlled substance that is flavored, colored, packaged, or otherwise altered in a way that is designed to appeal to a person under 21 years or age (or who attempt or conspire to do so). Provides for enhanced penalties for repeat offenses involving the marketing of methamphetamine to minors. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act to provide enhanced penalties for marketing controlled substances to minors."} | 1,137 | 113 | 0.569325 | 1.508724 | 1.101604 | 3.730337 | 11.41573 | 0.786517 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Consumer Bounty Act''.
SEC. 2. AMENDMENT TO THE TOXIC SUBSTANCES CONTROL ACT.
Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is
amended by adding at the end the following:
``(e) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 3. AMENDMENT TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
Section 520 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1270) is amended by adding at the end the following:
``(g) In any civil action brought under this section in which the
plaintiff or plaintiffs prevail in whole or in part, the court shall
award the plaintiff or plaintiffs not less than $10,000, to be paid by
the defendant or defendants against whom the plaintiff or plaintiffs
prevailed. Multiple plaintiffs shall split the award based on the time
each plaintiff spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 4. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended by adding at the end the following:
``(i) In any civil action brought under this section in which the
plaintiff or plaintiffs prevail in whole or in part, the court shall
award the plaintiff or plaintiffs not less than $10,000, to be paid by
the defendant or defendants against whom the plaintiff or plaintiffs
prevailed. Multiple plaintiffs shall split the award based on the time
each plaintiff spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 5. AMENDMENT TO THE SAFE DRINKING WATER ACT.
Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is
amended by adding at the end the following:
``(f) In any civil action brought under this section in which the
plaintiff or plaintiffs prevail in whole or in part, the court shall
award the plaintiff or plaintiffs not less than $10,000, to be paid by
the defendant or defendants against whom the plaintiff or plaintiffs
prevailed. Multiple plaintiffs shall split the award based on the time
each plaintiff spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 6. AMENDMENT TO THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES
ACT OF 1972.
Section 105(g) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1415(g)) is amended by adding at the end the
following:
``(6) In any civil action brought under this subsection in which
the plaintiff or plaintiffs prevail in whole or in part, the court
shall award the plaintiff or plaintiffs not less than $10,000, to be
paid by the defendant or defendants against whom the plaintiff or
plaintiffs prevailed. Multiple plaintiffs shall split the award based
on the time each plaintiff spent on the case. Multiple defendants are
jointly and severally liable to the plaintiff or plaintiffs.''.
SEC. 7. AMENDMENT TO THE NOISE CONTROL ACT OF 1972.
Section 12 of the Noise Control Act of 1972 (42 U.S.C. 4911) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) In any civil action brought under this section in which the
plaintiff or plaintiffs prevail in whole or in part, the court shall
award the plaintiff or plaintiffs not less than $10,000, to be paid by
the defendant or defendants against whom the plaintiff or plaintiffs
prevailed. Multiple plaintiffs shall split the award based on the time
each plaintiff spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 8. AMENDMENT TO THE ENERGY POLICY AND CONSERVATION ACT.
Section 335 of the Energy Policy and Conservation Act (42 U.S.C.
6305) is amended by adding at the end the following:
``(g) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 9. AMENDMENT TO THE SOLID WASTE DISPOSAL ACT.
Section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) is
amended by adding at the end the following:
``(h) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 10. AMENDMENT TO THE CLEAN AIR ACT.
Section 304 of the Clean Air Act (42 U.S.C. 7604) is amended by
adding at the end the following:
``(h) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 11. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
Section 310 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9659) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 12. AMENDMENT TO THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF
1978.
Section 725 of the Powerplant and Industrial Fuel Use Act of 1978
(42 U.S.C. 8435) is amended by adding at the end the following:
``(f) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''.
SEC. 13. AMENDMENT TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT OF 1986.
Section 326(a)(1) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11046(a)(1)) is amended by adding at the
end the following:
``(E) In any civil action brought under this
paragraph in which the plaintiff or plaintiffs prevail
in whole or in part, the court shall award the
plaintiff or plaintiffs not less than $10,000, to be
paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs
shall split the award based on the time each plaintiff
spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 14. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1349(a)) is amended by adding at the end the following:
``(7) In any civil action brought under this section in which the
plaintiff or plaintiffs prevail in whole or in part, the court shall
award the plaintiff or plaintiffs not less than $10,000, to be paid by
the defendant or defendants against whom the plaintiff or plaintiffs
prevailed. Multiple plaintiffs shall split the award based on the time
each plaintiff spent on the case. Multiple defendants are jointly and
severally liable to the plaintiff or plaintiffs.''.
SEC. 15. PIPELINE SAFETY AMENDMENT.
Section 60121 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Consumer Bounty.--In any civil action brought under this
section in which the plaintiff or plaintiffs prevail in whole or in
part, the court shall award the plaintiff or plaintiffs not less than
$10,000, to be paid by the defendant or defendants against whom the
plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the
award based on the time each plaintiff spent on the case. Multiple
defendants are jointly and severally liable to the plaintiff or
plaintiffs.''. | Consumer Bounty Act - Directs courts to require defendants to pay a minimum of $10,000 to prevailing plaintiffs in civil actions brought under specified citizen suit provisions of: (1) the Toxic Substances Control Act (TSCA); (2) the Surface Mining Control and Reclamation Act of 1977; (3) the Federal Water Pollution Control Act (commonly known as the Clean Water Act); (4) the Safe Drinking Water Act; (5) the Marine Protection, Research, and Sanctuaries Act of 1972; (6) the Noise Control Act of 1972; (7) the Energy Policy and Conservation Act; (8) the Solid Waste Disposal Act; (9) the Clean Air Act; (10) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (11) the Powerplant and Industrial Fuel Use Act of 1978; (12) the Emergency Planning and Community Right-To-Know Act of 1986; (13) the Outer Continental Shelf Lands Act; and (14) pipeline safety laws.
Makes multiple defendants in such actions jointly and severally liable. | {"src": "billsum_train", "title": "To amend the citizen suit provisions in several statutes to impose an additional award to prevailing plaintiffs."} | 2,350 | 230 | 0.458053 | 1.393083 | 0.651464 | 3.380282 | 9.450704 | 0.901408 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Local Education
Authority Returns Now Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ABILITY OF STATES TO OPT OUT OF K-12 EDUCATION GRANT PROGRAMS
Sec. 101. Determinations by Secretary of Treasury as to which States
are opt-out States.
Sec. 102. Amounts creditable to States.
Sec. 103. Opt-out States not eligible to receive grants under K-12
education grant programs.
Sec. 104. Requirements of K-12 education grant programs do not apply to
opt-out States.
Sec. 105. Definitions.
TITLE II--CREDIT TO TAXPAYERS IN OPT-OUT STATE
Sec. 201. Refundable opt-out State education credit.
TITLE I--ABILITY OF STATES TO OPT OUT OF K-12 EDUCATION GRANT PROGRAMS
SEC. 101. DETERMINATIONS BY SECRETARY OF TREASURY AS TO WHICH STATES
ARE OPT-OUT STATES.
(a) Deadline.--Not later than February 1 of each calendar year
(hereinafter in this title referred to as the ``determination year''),
the Secretary of the Treasury shall determine which States, if any, are
opt-out States for the calendar year (hereinafter in this title
referred to as the ``opt-out year'') that follows the determination
year.
(b) Determination.--The Secretary of the Treasury shall determine
that a State is an opt-out State for an opt-out year under subsection
(a) if, and only if, there is transmitted to the Secretary a copy of a
law, in effect as of January 1 of the determination year, that can
fairly be read to mean that the policy of the State is to not accept
grant funds under the K-12 education grant programs, and thereby to not
be bound by the requirements of those programs, for that opt-out year.
(c) Notification.--Upon making a determination under subsection
(a), the Secretary of the Treasury shall transmit that determination to
the Secretary of Education and to Congress.
SEC. 102. AMOUNTS CREDITABLE TO STATES.
(a) In General.--For purposes of determinations relating to the
refundable opt-out State education credit under section 36 of the
Internal Revenue Code of 1986, as early as practicable for a calendar
year, the Secretary of Education shall, for each State, determine the
amount creditable to that State for that calendar year and make
available that determination.
(b) Amount Creditable.--The Secretary shall determine the amount
creditable to a State for a calendar year as follows:
(1) If the State was not an opt-out State for the preceding
calendar year, the amount creditable for the calendar year
shall be equal to the aggregate K-12 funding (as determined
under subsection (d)) for that State for that preceding
calendar year.
(2) If the State was an opt-out State for the preceding
calendar year, the amount creditable for the calendar year
shall be equal to--
(A) the extrapolated amount (as determined under
subsection (c)) for that preceding calendar year, plus
(B) the amount that results when the amount
creditable for that preceding calendar year is
subtracted from the extrapolated amount (as determined
under subsection (c)) for that preceding calendar year.
(c) Extrapolated Amount.--
(1) In general.--The Secretary of Education shall determine
the extrapolated amount for a State for a calendar year. The
determination shall be based on--
(A) the amount of grant funds that would have been
received other than on a competitive basis, as direct
grants, subgrants, or otherwise, under the K-12
education grant programs, by the State or any public
educational entity in the State for that calendar year,
had it elected not to be an opt-out State for that
calendar year; plus
(B) the average annual amount of all grant funds
that would have been received on a competitive basis,
as direct grants, subgrants, or otherwise, under the K-
12 education grant programs, by the State or any public
educational entity in the State for that calendar year
and the four preceding calendar years, had it elected
not to be an opt-out State for those calendar years.
(2) Regulations.--The Secretary shall prescribe regulations
for making determinations required by this subsection. The
initial regulations shall be prescribed not later than 6 months
after the date of the enactment of this Act.
(d) Aggregate K-12 Funding.--The aggregate K-12 funding for a State
for a calendar year shall be equal to--
(1) the amount of all grant funds received other than on a
competitive basis, as direct grants, subgrants, or otherwise,
under the K-12 education grant programs, by the State or any
public educational entity in the State for that calendar year;
plus
(2) the average annual amount of all grant funds received
on a competitive basis, as direct grants, subgrants, or
otherwise, under the K-12 education grant programs, by the
State or any public educational entity in the State for that
calendar year and the four preceding calendar years.
SEC. 103. OPT-OUT STATES NOT ELIGIBLE TO RECEIVE GRANTS UNDER K-12
EDUCATION GRANT PROGRAMS.
(a) In General.--When a State is an opt-out State for a calendar
year, neither the State nor any public educational entity in the State
is eligible to receive, as direct grants, subgrants, or otherwise, any
funds under any of the K-12 education grant programs for that calendar
year.
(b) Reallocation.--Any funds under a K-12 education grant program
that are not allocated to a State or public educational entity in the
State by reason of subsection (a) shall be returned to the Treasury.
SEC. 104. REQUIREMENTS OF K-12 EDUCATION GRANT PROGRAMS DO NOT APPLY TO
OPT-OUT STATES.
When a State is an opt-out State for a calendar year, neither the
State nor any public educational entity in the State is subject to any
statutory or regulatory requirement of a K-12 education grant program
for that calendar year.
SEC. 105. DEFINITIONS.
In this title:
(1) The term ``K-12 education grant program'' means any
grant program carried out under any title of the Elementary and
Secondary Education Act of 1965, except for the following:
(A) Indian, native hawaiian, and alaska native
education.--Title VII (20 U.S.C. 7401 et seq.).
(B) Impact aid.--Title VIII (20 U.S.C. 7701 et
seq.).
(2) The term ``public educational entity'' means, with
respect to a State, the State educational agency, any local
educational agency in the State, or any public elementary or
secondary school in the State.
TITLE II--CREDIT TO TAXPAYERS IN OPT-OUT STATE
SEC. 201. REFUNDABLE OPT-OUT STATE EDUCATION CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. OPT-OUT STATE EDUCATION CREDIT.
``(a) General Rule.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year the opt-out State education amount.
``(b) Opt-Out State Education Amount.--For purposes of this
section--
``(1) In general.--The term `opt-out State education
amount' means, with respect to a taxpayer for a taxable year
beginning in an opt-out year, the amount equal to--
``(A) the amount creditable under section 102 of
the Local Education Authority Returns Now Act to an
opt-out State (determined under section 101 of such
Act), multiplied by--
``(B) a fraction--
``(i) the numerator of which is the
taxpayer's household tax burden from such State
for the opt-out year, and
``(ii) the denominator of which is the
total tax revenue of such State for the opt-out
year.
``(2) Household tax burden.--The household tax burden from
a State for an opt-out year is the sum of--
``(A) the State real property taxes,
``(B) the State personal property taxes,
``(C) the State income, war profits, and excess
profits taxes, plus
``(D) the State general sales taxes,
for the calendar year in which the second preceding taxable
year ends and within which paid or accrued by the taxpayer. For
purposes of this section, terms used in the preceding sentence
which are also used in section 164 shall have the respective
meanings given such terms by section 164.
``(3) Total tax revenue.--The total tax revenue of a State
for an opt-out year is the amount determined by the Secretary
to be the aggregate tax revenue of such State for the calendar
year in which the second preceding taxable year ends.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means an
individual whose principal place of abode (within the meaning
of section 121) was in the opt-out State for the entire taxable
year.
``(2) Dependents.--The term `eligible individual' does not
include any individual if a deduction under section 151 with
respect to such individual is allowed to another taxpayer for a
taxable year beginning in the calendar year in which such
individual's taxable year begins.
``(d) Opt-Out Year.--The term `opt-out year' means a calendar year
for which the Secretary determines a State to be an opt-out State under
section 101 of the Local Education Authority Returns Now Act.
``(e) Amount of Credit Shall Be Determined Under Tables.--
``(1) In general.--The credit under subsection (a) shall be
determined under tables prescribed by the Secretary.
``(2) Requirements for tables.--The tables prescribed under
paragraph (1) shall--
``(A) reflect the provisions of this section, and
``(B) take into account filing status, State of
residence, and adjusted gross income.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36. Opt-out State education credit.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Local Education Authority Returns Now Act - Requires the Secretary of the Treasury to make an annual determination of states that have chosen to opt-out of K-12 education grant programs.
Requires the Secretary of Education to determine credits due to states as opt-out state education amounts.
Amends the Internal Revenue Code to allow individual taxpayers in states that opt-out a refundable tax credit for a share of the opt-out amount creditable to such states. | {"src": "billsum_train", "title": "To allow a State to opt out of K-12 education grant programs and the requirements of those programs, to amend the Internal Revenue Code of 1986 to provide a credit to taxpayers in such a State, and for other purposes."} | 2,618 | 102 | 0.602321 | 1.49358 | 0.999718 | 2.735632 | 26.448276 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Spouse Education and
Employment Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional defense committees.--The term
``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
(2) Qualified military spouse.--The term ``qualified
military spouse'' means a spouse of a member of the Armed
Forces of the United States who is serving on a period of
extended active duty which includes the hiring date. For
purposes of the preceding sentence, the term ``extended active
duty'' means any period of active duty pursuant to a call or
order to such duty for a period in excess of 90 days or for an
indefinite period.
SEC. 3. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR THE WORK
OPPORTUNITY CREDIT.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (H), by striking the period at the end of subparagraph (I)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(J) either--
``(i) a qualified military spouse (as
defined in subsection (l)(1)), or
``(ii) subject to subsection (l)(2), an
eligible teleworking military spouse.''.
(b) Definitions and Rules Relating to Qualified Military Spouses.--
Section 51 of such Code is amended by adding at the end the following
new subsection:
``(l) Definition of Qualified Military Spouse; Enhanced Credit for
Eligible Teleworking Military Spouses.--For purposes of this section--
``(1) Definition of qualified military spouse.--For
purposes of subsection (d)(1)(J), the term `qualified military
spouse' means any individual (other than an eligible
teleworking military spouse) who is certified by the designated
local agency as being a spouse (determined as of the hiring
date) of a member of the Armed Forces of the United States who
is serving on a period of extended active duty which includes
the hiring date. For purposes of the preceding sentence, the
term `extended active duty' means any period of active duty
pursuant to a call or order to such duty for a period in excess
of 90 days or for an indefinite period.
``(2) Enhanced credit for eligible teleworking military
spouses.--
``(A) In general.--Notwithstanding subsection (a),
in the case of an employer with respect to whom an
individual is an eligible teleworking military spouse
by reason of employment with such employer described in
subparagraph (B), the credit determined under this
section--
``(i) shall be allowable for any taxable
year which includes any portion of the
eligibility period with respect to the spouse,
and
``(ii) shall, with respect to any such
taxable year, be equal to 40 percent of the
qualified wages paid by the employer with
respect to such employment occurring during
such portion of the eligibility period.
``(B) Eligible teleworking military spouse.--For
purposes of subsection (d)(1)(J) and this paragraph,
the term `eligible teleworking military spouse' means,
with respect to any employer, an individual--
``(i) who is certified by the designated
local agency as being a spouse (determined as
of the hiring date) of a member of a regular
component of the Armed Forces of the United
States,
``(ii) substantially all of whose
employment with the employer is reasonably
expected to consist of services performed at
the principal residence (within the meaning of
section 121) of the individual, and
``(iii) whose qualified wages (expressed as
an annual amount) for services performed for
the employer are reasonably expected to equal
or exceed an amount equal to 150 percent of the
median annual earnings for the United States
(determined on the basis of the most recent
occupational employment survey published by the
Bureau of Labor Statistics before the calendar
year in which the taxable year begins).
``(C) Eligibility period.--For purposes of this
paragraph--
``(i) In general.--The term `eligibility
period' means, with respect to any individual
who is an eligible teleworking military spouse,
the period--
``(I) beginning on the hiring date
of the individual, and
``(II) except as provided in clause
(ii), ending on the earlier of the last
day of the employment described in
subparagraph (B) or the last day of the
taxable year in which occurs the date
on which the individual's spouse ceases
to be a member of a regular component
of the Armed Forces of the United
States.
``(ii) Failure to meet employment and wage
requirements.--If the requirements of clauses
(ii) and (iii) of subparagraph (B) are not met
with respect to any individual for any taxable
year--
``(I) the individual shall cease to
be an eligible teleworking military
spouse with respect to the employer as
of the beginning of the taxable year,
and
``(II) the employer shall not treat
the individual as an eligible
teleworking military spouse for any
subsequent taxable year.
This clause shall not apply to any failure
which is due to unforeseen circumstances or is
beyond the control of the employer.
``(D) Qualified wages.--The term `qualified wages'
has the meaning given such term by subsection (b)(1),
except that the amount of wages which may be taken into
account with respect to any eligible teleworking
military spouse for any taxable year shall not exceed
$12,000.''.
(c) Effective Date.--The amendments made this section shall apply
to amounts paid or incurred after the date of the enactment of this Act
to individuals who begin work for the employer after such date.
SEC. 4. FEDERAL EMPLOYMENT PREFERENCES.
(a) Eligibility of Military Spouses for Preference.--Section
2108(3) of title 5, United States Code, is amended--
(1) in subparagraph (F)(iii), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (G)(iii), by striking the semicolon at
the end and inserting ``; and''; and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) the wife or husband of an individual serving
on active duty or with orders to report for a period of
active duty in excess of 90 days or for an indefinite
period;''.
(b) Eligibility for Additional Points Above Earned Rating on
Competitive Service Examinations.--Section 3309(2) of such title is
amended to read as follows:
``(2) a preference eligible under subparagraphs (A), (B),
or (H) of section 2108(3) of this title--5 points.''.
SEC. 5. TRANSFERABILITY OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE.
(a) Transferability as Incentive To Reenlist for Third Term of
Service.--Section 3020 of title 38, United States Code, is amended--
(1) in the heading, by striking ``: members of the Armed
Forces with critical military skills'' and inserting ``:
members of the Armed Forces who reenlist for a third term'';
(2) in subsection (a), by striking ``with critical military
skills'' and inserting ``who have completed two terms of
service and reenlisted for a third term,'';
(3) in subsection (b), by striking ``section--'' and all
that follows through the period at the end and inserting
``section, has completed two terms of service in the Armed
Forces and enters into an agreement for a third term.'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``six years of
service'' and inserting ``two terms of service''; and
(B) in paragraph (2), by striking ``10 years of
service'' and inserting ``two terms of service''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by amending the item relating to
section 3020 to read as follows:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces who reenlist
for a third term.''.
SEC. 6. STUDY ON DEVELOPMENT OF EDUCATION GRANT PROGRAM FOR TRAINING
MILITARY SPOUSES IN HEALTH CARE AND EARLY CHILDHOOD
DEVELOPMENT.
(a) Study.--The Deputy Under Secretary of Defense for Military
Community and Family Policy, in conjunction with the Assistant
Secretary of Defense for Health Affairs, shall conduct a study on
options for developing an education grant program to train military
spouses in the health care and early childhood development careers,
including the likelihood that such training could significantly
increase private employment opportunities in the vicinity of active
duty military installations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Deputy Under Secretary of Defense for Military Community and Family
Policy and the Assistant Secretary of Defense for Health Affairs, shall
submit to the congressional defense committees a report on the study
conducted under subsection (a).
SEC. 7. STUDY ON CREATING WORK OPPORTUNITIES FOR UNDERGRADUATE AND
GRADUATE LEVEL EDUCATED MILITARY SPOUSES.
(a) Study.--The Under Secretary of Defense for Personnel and
Readiness, in conjunction with the Deputy Under Secretary of Defense
for Military Community and Family Policy, shall conduct a study of the
challenges that face qualified military spouses who possess an
undergraduate or graduate level education in finding and maintaining
employment during the terms of service of their active duty spouses.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Under Secretary of Defense for Personnel
and Readiness, shall submit to the congressional committees a
report on the study conducted under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the major challenges that face
qualified military spouses who posses an undergraduate
or graduate level education in finding and maintaining
employment during the terms of service of their
spouses.
(B) A listing of significant incentive programs the
Department of Defense could utilize to create
incentives for the hiring of undergraduate and graduate
level qualified military spouses, including those the
Department can implement independently and those that
require statutory changes.
(C) A description of the resources available to
qualified military spouses with graduate and
undergraduate educations for assistance in finding and
maintaining employment.
(D) An examination of the retention implications of
insufficient employment opportunities for qualified
military spouses with undergraduate or graduate level
educations.
(E) A description of current programs to assist
qualified military spouses with undergraduate and
graduate level educations in securing telecommuting and
home office employment. | Military Spouse Education and Employment Act of 2008 - Amends the Internal Revenue Code to include spouses of members of the Armed Forces on extended active duty (more than 90 days or for an indefinite period) and eligible teleworking military spouses (teleworking spouses whose wages are expected to equal or exceed 150% of U.S. median annual earnings) as members of a targeted group for purposes of the work opportunity tax credit.
Includes the wife or husband of a member serving on extended active duty within the federal veterans' employment preference.
Allows members who have completed two terms of service and have reenlisted for a third term to transfer a portion of their entitlement to basic educational assistance under the Montgomery GI Bill. (Current law allows such transfer for members with critical military skills.)
Requires studies on: (1) the development of an education grant program for training military spouses in health care and early childhood development careers; and (2) creating work opportunities for undergraduate- and graduate-educated military spouses during the active-duty service of their spouses. | {"src": "billsum_train", "title": "A bill to provide enhanced education and employment opportunities for military spouses."} | 2,596 | 231 | 0.583889 | 1.654087 | 0.704731 | 2.74 | 11.6 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stewart Lee Udall Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Stewart Lee Udall was born on January 31, 1920, in
Saint Johns, Arizona, the son of former Arizona Supreme Court
Justice Levi Stewart Udall and Louise Lee Udall.
(2) Stewart L. Udall began serving his country in 1942,
when he joined the United States Army Air Corps (predecessor of
the United States Air Force) in World War II, serving as an
enlisted B24 waist gunner in Italy. He flew more than 50
missions over Western Europe over four years, receiving the Air
Medal with three Oak Leaf Clusters.
(3) After coming home from war, Stewart L. Udall returned
to the University of Arizona where he received a bachelors and
law degree and was admitted to the Arizona State Bar. After
graduating from law school, he began his own private practice
and eventually established the law firm of Udall and Udall with
his brother Morris K. Udall.
(4) Stewart L. Udall's first elected office was as a member
of the Amphitheater School Board (1951), where he participated
in desegregating the Amphitheater School District before the
United States Supreme Court ruling in Brown v. Board of
Education.
(5) Beginning in 1954, Stewart L. Udall was elected to
serve four terms as United States Representative from Arizona's
second district.
(6) Upon the 1960 Presidential election, President Kennedy
appointed Stewart L. Udall as Secretary of the Interior. He
maintained this position for eight years, where his
accomplishments under Presidents Kennedy and Johnson made him a
hero for the environmental and conservation communities.
(7) Among the legislative accomplishments during his
cabinet career, Stewart L. Udall helped guide numerous landmark
environmental measures through Congress, including the
Wilderness Act of 1964, the Land and Water Conservation Fund
Act of 1965, the Endangered Species Preservation Act of 1966,
the National Trail System Act of 1968, the Solid Waste Disposal
Act of 1965, the Wild and Scenic Rivers Act of 1968, and the
Clear Air, Water Quality and Clean Water Restoration Acts and
Amendments.
(8) Furthermore, Secretary Udall was a coauthor of the
Economic Opportunity Act of 1964. This legislation created
several new social programs that helped promote the health,
education, and general welfare of the impoverished. Some of the
programs remaining today include Head Start and the Job Corps.
(9) As Secretary of the Interior in the Kennedy and Johnson
administrations, Stewart L. Udall expanded the National Park
Service by presiding over the acquisition of 3.85 million acres
of new holdings, including 4 national parks (Canyonlands in
Utah, Redwood in California, North Cascades in Washington
State, and Guadalupe Mountains in Texas), 6 national monuments,
9 national recreation areas, 20 historic sites, 50 wildlife
refuges, and 8 national seashores.
(10) Furthermore, Stewart L. Udall established the Bureau
of Outdoor Recreation to coordinate all Federal outdoor
programs.
(11) In September 1966, Secretary Stewart Udall announced
the creation of Project EROS, which led the United States to
state of the art science and technology that includes Landsat,
the longest running acquisition of satellite imagery. Project
EROS began as a revolutionary program that utilized earth-
orbiting satellites that map the planet to gather data about
the Earth's natural resources along with changes in weather and
climate.
(12) During his tenure as Secretary of the Interior,
Stewart L. Udall also became a champion of the arts, convincing
President Kennedy to invite the renowned poet Robert Frost to
speak at his inauguration and setting in motion initiatives
that led to the creation of the Kennedy Center, Wolf Trap Farm
Park, the National Endowments for the Arts and the Humanities,
and the revived Ford's Theatre.
(13) Additionally, while Stewart L. Udall was Secretary of
the Interior, he continued to fight against segregation, when
he threatened to refuse the all-white Washington Redskins
access to the new DC stadium, of which he was the Federal
landlord.
(14) After he left government service, Stewart L. Udall
continued helping the American people by becoming a crusader
for victims of radiation exposure (particularly Native
Americans) resulting from the government's Cold War nuclear
programs. He helped to pass the Radiation Exposure Compensation
Act in 1990, which was signed by President George Bush.
(15) Moreover, Stewart L. Udall was a prolific writer,
penning countless articles, essays, and op-eds. He also co-
authored nine books, and wrote nine of his own, including the
seminal title in the conservation movement, ``The Quiet
Crisis''.
(16) Among his many honors, Stewart L. Udall was a
recipient of the Ansel Adams Award, the Wilderness Society's
highest conservation award, the Common Cause Public Service
Achievement Award for his lifelong protection of the
environment and the defense of American citizens who were
victims of nuclear weapons testing, and the United Nations Gold
Medal for Lifetime Achievement.
(17) Until his passing in 2010, Stewart L. Udall continued
his devotion to public service as an author, historian,
scholar, lecturer, environmental activist, lawyer, and citizen
of the outdoors.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Stewart Lee Udall, in recognition of his contributions to the nation.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Stewart Lee Udall Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Stewart Lee Udall, in recognition of his contributions to the nation. | {"src": "billsum_train", "title": "To award posthumously a Congressional Gold Medal to Stewart Lee Udall, in recognition of his contributions to the nation."} | 1,619 | 77 | 0.39772 | 1.282669 | -0.036453 | 9.04918 | 23.95082 | 0.983607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Violence Prevention Act of
2002''.
SEC. 2. FAMILY VIOLENCE PREVENTION.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART R--FAMILY VIOLENCE PREVENTION
``SEC. 399AA. DEFINITION.
``In this part the term `family violence' means any act or
threatened act of violence, including any forceful detention of an
individual, that--
``(1) results or threatens to result in physical injury;
and
``(2) is committed by a person against another individual
(including an elderly individual or a child)--
``(A) to whom such person is or was related by
blood or marriage or is otherwise legally related;
``(B) with whom such person is or was lawfully
residing; or
``(C) with whom such person is or has been in a
social relationship of a romantic or intimate nature
where the existence of such a relationship shall be
determined based on a consideration of--
``(i) the length of the relationship;
``(ii) the type of the relationship; and
``(iii) the frequency of interaction
between the individuals involved in the
relationship.
``SEC. 399AA-1. OFFICE OF FAMILY VIOLENCE.
``(a) Establishment.--
``(1) In general.--There is established within the
Department of Health and Human Services an Office of Family
Violence (in this part referred to as the `Office') under the
general authority of the Secretary.
``(2) Separate office.--The Office shall be a separate
office headed by a Director who shall report to the Secretary
through the Assistant Secretary for Health, and who shall also
serve as Counsel to the Secretary.
``(b) Jurisdiction.--The Office shall--
``(1) facilitate coordination between all programs within
the Department of Health and Human Services relating to the
prevention of family violence;
``(2) collaborate with family violence programs (including
child abuse, domestic violence, and elder abuse programs)
administered by other Federal departments or agencies to
develop a Federal family violence prevention Internet website
to provide information--
``(A) to the public concerning the Federal
resources available to combat family violence,
including child abuse, domestic violence, and elder
abuse; and
``(B) concerning ongoing or prospective research
efforts that might be of use to family violence
prevention advocates, researchers, and others; and
``(3) carry out other activities related to family violence
(including child abuse, domestic violence, and elder abuse)
prevention that are determined appropriate by the Secretary.
``(c) Director.--
``(1) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint a Director for the
Office of Family Violence (in this part referred to as the
`Director') to be responsible for the administration,
coordination, and implementation of the programs and activities
of the Office.
``(2) Other employment.--The Director shall not--
``(A) engage in any employment other than that of
serving as Director; or
``(B) hold any office in, or act in any capacity
for, any organization, agency, or institution with
which the Office makes any contract or other agreement.
``(3) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director
during the vacancy.
``(4) Compensation.--The Director shall be compensated at a
rate of pay not to exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
``(d) Regulations.--The Director may, after appropriate
consultation with representatives of States and units of local
government, establish such rules, regulations, and procedures as are
necessary to the exercise of the functions of the Office.
``(e) Staff.--The Secretary shall ensure that there is adequate
staff to support the Director in carrying out the responsibilities of
the Director under this part.
``(f) Report.--The Director shall annually report to the
appropriate authorizing and appropriating committees of Congress
concerning the coordination of activities that are being carried out by
all family violence program within the Department of Health and Human
Services.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.
``SEC. 399AA-2. FAMILY VIOLENCE RESEARCH CENTERS.
``(a) Establishment.--The Secretary shall provide for the
establishment of 5 family violence research and education centers to
conduct research and disseminate information, including professional
and public education, concerning family violence.
``(b) Linkages.--In establishing centers under subsection (a), the
Secretary shall ensure that--
``(1) one center is linked to the Centers for Disease
Control and Prevention;
``(2) one center is linked to the National Institute of
Mental Health; and
``(3) each center is linked to national, State, and local
community resources, including domestic violence coalition
shelters, community health centers, health care delivery
systems, and domestic and sexual assault hotlines, through
which information may be distributed.
``(c) General Duties.--Each center established under subsection
(a)--
``(1) shall provide for the conduct of family violence
research, including, in collaboration with the Centers for
Disease Control and Prevention, the administration of annual
national surveys concerning the prevalence and characteristics
of different forms of family violence, including child abuse,
domestic violence, and elder abuse; and
``(2) may provide for the conduct of family violence
research, including--
``(A) research concerning the development,
implementation, evaluation, and dissemination of
appropriate curricula for health professional training
in the area of family violence;
``(B) research concerning the effectiveness of
different educational methodologies that are used to
present the curricula described in subparagraph (A);
``(C) research concerning patterns of health care
utilization by victims of family violence and child
witnesses of family violence, the effects that family
violence has on other health behaviors and the health
status of individuals, families, and populations, and
the health care costs attributable to family violence;
``(D) research concerning the effects of mandatory
family violence reporting requirements, including--
``(i) the effects of such requirements on--
``(I) the prevalence and incidence
of family violence;
``(II) victim and dependent safety
and self-efficacy;
``(III) referral and treatment
patterns; and
``(IV) access to health care,
legal, and advocacy services;
``(ii) the development of mechanisms to
provide resources, consultation, and technical
assistance to State and local governments and
to agencies and non-profit entities that are
concerned with evaluating the effect of
mandatory reporting on the health and safety of
victims and dependents;
``(E) research and testing of best messages and
strategies to mobilize public action concerning the
prevention of family violence;
``(F) research on the relationship between
childhood exposure to domestic violence and child and
adult health and safety outcomes;
``(G) research on effective interventions for
children exposed to violence; and
``(H) research on the effects of family violence on
other health behaviors and health conditions.
``(d) Grants and Contracts.--
``(1) In general.--In carrying out subsection (a), the
Secretary may make grants to and enter into contracts with
public and nonprofit private entities.
``(2) Application for award.--The Secretary may make an
award of a grant or contract under paragraph (1) only if an
application for the award is submitted to the Secretary and the
application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out the purposes
for which the award is to be made.
``(e) Advisory Board.--
``(1) In general.--The Secretary shall establish an
advisory board to make recommendations concerning the research
agenda carried out by the research centers under this section.
``(2) Composition.--
``(A) Appointed members.--The advisory board shall
be composed of 19 members to be appointed by the
Secretary as follows:
``(i) Twelve members shall be appointed
from among individuals who are scientific or
health care experts in the areas of elder
abuse, domestic violence, child abuse, mental
health, epidemiology, social work, or health
education.
``(ii) Seven members shall be appointed
from among nationally recognized experts in
domestic violence, child abuse, and elder abuse
who have a documented history of effective and
respected work in their respective field, of
which--
``(I) at least one member shall be
an expert in domestic violence and
dating violence;
``(II) at least one member shall be
an expert in child abuse;
``(III) at least one member shall
be an expert in elder abuse;
``(IV) at least one member shall be
an expert in the impact of domestic
violence on children and youth; and
``(V) at least one member shall be
an expert in domestic violence against
older or disabled women.
``(B) Ex officio members.--The following shall be
ex-officio members of the advisory board:
``(i) The Assistant Secretary for Health.
``(ii) The Director of the National
Institutes of Health.
``(iii) The Director of the National
Institute for Mental Health.
``(iv) The Director of the Centers for
Disease Control and Prevention.
``(v) The Assistant Secretary for Children
and Families.
``(vi) The Assistant Secretary for Aging.
``(vii) The Administrator of the Health
Resources and Services Administration.
``(viii) The Director of the Substance
Abuse and Mental Health Services
Administration.
``(ix) The Assistant Attorney General for
the Office of Justice Programs.
``(C) Chairperson.--The members of the advisory
board appointed under subparagraph (A) shall elect a
chairperson from among such members.
``(3) Meetings.--The advisory board shall meet at the call
of the chairperson or upon the request of the Secretary, but
not less often than 4 times each year.
``(4) Duties.--In order to ensure the most effective use
and organization of Federal resources concerning family
violence, the advisory board shall provide advice and make
recommendations to Congress and the Secretary with respect to
the implementation and revision of the research agenda of the
research centers established under this section.
``(5) Subcommittees.--In carrying out its functions under
this subsection, the advisory board may establish
subcommittees, convene workshops and conferences, and collect
data. Such subcommittees may be composed of advisory board
members and nonmember consultants with expertise in the
particular area addressed by such subcommittees.
``(6) Reports.--The advisory committee shall annually
report to the appropriate authorizing and appropriations
committees of Congress concerning the research agenda for the
centers established under this section and the progress made in
fulfilling that research agenda.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.
``SEC. 399AA-3. HEALTH PROFESSIONAL TRAINING GRANTS.
``(a) In General.--The Director of the Office shall award grants to
eligible entities to enable such entities to develop, implement,
evaluate, and disseminate family violence education and training
curricula, programs, and strategies.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be--
``(A) a health care delivery system or health care
training entity, such as an academic health center, a
federally qualified health center, a hospital, and a
community health center; or
``(B) an entity not described in subparagraph (A)
that enters into a collaborative relationship with an
entity described in such subparagraph for purposes of
this section, such as a national or local non-profit
entity with expertise in family violence, a State
coalition for domestic violence, a State coalition for
sexual assault, and a State public health agency;
``(2) demonstrate an ability to maintain the training
systems established with amounts received under the grant after
the expiration of the grant funding and provide an assurance
that such systems will be maintained if determined to be
effective; and
``(3) prepare and submit to the Director at such time, in
such manner, and containing such agreements, assurances, and
information as the Director determines to be necessary to carry
out the purposes for which the grant is to be made.
``(c) Use of Funds.--An entity shall use amounts received under a
grant under this section to--
``(1) conduct evaluations of existing family violence
identification and treatment training programs; and
``(2) develop and implement innovative training models or
programs to identify and appropriately treat and refer victims
of family violence.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.''. | Family Violence Prevention Act of 2002 - Amends the Public Health Service Act to establish an Office of Family Violence within the Department of Health and Human Services. Directs the Office to coordinate intra-departmental family violence programs and develop a Federal family violence prevention Internet website.Directs the Secretary of Health and Human Services to provide for the establishment of five family violence research and education centers through grants or contracts with public and nonprofit private entities. Requires such centers to: (1) include both professional and public education; and (2) be linked to national, State, and local resources. Requires one center to be linked to the Centers for Disease Control and Prevention and another to the National Institute of Mental Health.Directs the Secretary to establish an advisory board to make recommendations concerning the centers' research agenda.Requires the Director to award grants to eligible entities, including healthcare delivery systems or training entities, to develop and disseminate family violence education and training curricula, programs, and strategies. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide services for the prevention of family violence."} | 2,982 | 211 | 0.551095 | 1.456338 | 0.910912 | 3.829787 | 15.409574 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Violence-Related Injury
Reduction Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Domestic violence and sexual assault represent serious
threats to the health and well-being of millions of women in
the United States.
(2) Violence against women has serious health consequences
for its victims, including fatality, severe trauma, repeated
physical injuries, and chronic stress-related disorder.
(3) Violence against women has serious mental health
consequences for its victims, including substance abuse, severe
psychological trauma, and suicide.
(4) Approximately 4,000,000 women in the United States are
victims of domestic violence each year.
(5) One of two women is a victim of domestic violence or
sexual assault during her lifetime.
(6) Battering is the leading cause of injury to women.
(7) It has been estimated that 1 in 6 pregnant women are
battered, resulting in increased rates of miscarriage,
stillbirths, and low-birthweight babies.
(8) Domestic violence may account for as much as one-third
of emergency-room visits by women, an annual total of
approximately 28,700 such visits.
(9) Estimates based on the National Crime Survey provide
that domestic violence accounts for 21,000 hospitalizations,
99,800 days of hospitalization, and 39,900 visits to a
physician each year.
(10) Fewer than 5 percent of injured women are correctly
diagnosed by medical personnel as being victims of domestic
violence.
(11) Hospitals and clinics do not have a uniform set of
protocols for the identification and referral of victims of
domestic violence and sexual assault, or for the training of
health care professionals to perform such functions.
(12) A national surveillance system for monitoring the
health effects of domestic violence and sexual assault should
be established to determine the nature and extent of such
violence and assault in the United States.
SEC. 3. ESTABLISHMENT OF CERTAIN HEALTH PROGRAMS REGARDING DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 308 of Public Law 102-531 (106 Stat.
3495), is amended by inserting after section 317D the following
section:
``health programs regarding domestic violence and sexual assault
``Sec. 317E. (a) Demonstration Projects for Identification and
Referrals of Victims.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to public and nonprofit private entities for the
purpose of carrying out demonstration projects in which health
care providers, in providing such care--
``(A) identify individuals whose medical condition
or statements indicate that the individuals are victims
of domestic violence or sexual assault; and
``(B) refer the individuals to entities that
provide services regarding such violence and assault,
including referrals for counseling, housing (including
temporary housing), legal services, and services of
community organizations.
``(2) Training.--The Secretary may authorize grantees under
paragraph (1) to expend the grants to train health care
providers to carry out the activities described in such
paragraph.
``(3) Protocols for identification, referrals, and
training.--The Secretary may make a grant under paragraph (1)
only if the applicant for the grant agrees that the
demonstration project involved will not begin operation until
the Secretary approves for the project protocols for
identifying and referring victims, and training health care
providers, for purposes of such paragraph. The Secretary may
authorize grantees under such paragraph to expend the grants to
develop such protocols.
``(4) Consultation with relevant entities.--The Secretary
may make a grant under paragraph (1) only if the applicant
involved has, in developing the proposal of the applicant for a
demonstration project under such paragraph, consulted with
public and nonprofit private entities that, in the geographic
area in which the project is to be carried out, provide
services regarding domestic violence or sexual assault.
``(5) Reports.--The Secretary may make a grant under
paragraph (1) only if the applicant for the grant agrees to
submit to the Secretary a report describing the activities of
the project under such paragraph for the fiscal year for which
the grant is made.
``(b) Public Education.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall carry out a
program to educate health care providers and the public on the
consequences to the public health of domestic violence and sexual
assault.
``(c) Epidemiological Research.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall provide for the conduct of epidemiological research on
domestic violence and sexual assault. In providing for such
research, the Secretary shall ensure that, with respect to such
violence and assault, data is collected on--
``(A) the incidence of cases and the effect of the
cases on the costs of health care in the United States;
``(B) the type and severity of injuries sustained
and the type and severity of any other resulting health
conditions;
``(C) the extent to which victims seek treatment,
including a comparison of the incidence of cases with
the incidence of seeking treatment;
``(D) a description of common circumstances
influencing victims not to seek treatment;
``(E) the types of medical facilities and health
care providers from which victims seek treatment; and
``(F) the demographic characteristics of the
individuals from whom data described in subparagraphs
(A) through (E) is collected.
``(2) National system.--In carrying out paragraph (1), the
Secretary shall cooperate with the States for the purpose of
establishing, to the extent practicable, a national system for
the collection of data regarding domestic violence and sexual
assault.
``(3) Confidentiality.--Standards of confidentiality under
section 308(d) shall apply to data collected under paragraph
(1) to the same extent and in the same manner as such section
applies to information obtained under section 304, 306, or 307.
``(4) Report.--Not later than February 1, 1996, and every 2
years thereafter, the Secretary shall submit to the Congress a
report summarizing the data collected under paragraph (1) for
the preceding 2 years.
``(c) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $20,000,000
for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1997.
``(2) Allocation for demonstration projects.--Of the
amounts appropriated under paragraph (1) for a fiscal year, the
Secretary shall make available not less than 60 percent for
grants under subsection (a).''. | Women's Violence-Related Injury Reduction Act - Amends the Public Health Service Act to authorize grants for demonstration projects to identify victims of domestic violence or sexual assault and refer them to entities providing related services. Allows use of the grants to train health care providers to engage in such activities.
Mandates related education of health care providers and the public, epidemiological research, and cooperation with States regarding establishing a national system for the collection of data on domestic violence and sexual assault.
Authorizes appropriations. | {"src": "billsum_train", "title": "Women's Violence-Related Injury Reduction Act"} | 1,485 | 110 | 0.532125 | 1.334968 | 0.486462 | 2.739583 | 15.010417 | 0.885417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Municipal Waste Act of 1993''.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)
is amended by adding at the end the following new section:
``interstate transportation of municipal waste
``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Waste
Imports.--
``(1) Authority to prohibit.--(A) Except as provided in
subparagraph (B), a Governor may prohibit the disposal of out-
of-State municipal waste in any landfill or incinerator that is
subject to the jurisdiction of the Governor.
``(B) The authority to prohibit disposal of out-of-State
municipal waste shall not apply to--
``(i) landfills in operation on the date of
enactment of this section that--
``(I) received during calendar year 1991
documented shipments of out-of-State municipal
waste; and
``(II) are in compliance with all
applicable Federal and State laws (including
any Federal or State rule or regulation)
relating to design and location standards,
leachate collection, ground water monitoring,
and financial assurance for closure and post-
closure and corrective action;
``(ii) proposed landfills that, prior to January 1,
1993, received--
``(I) an approval from either the affected
local government or the local solid waste
planning unit to receive municipal waste
generated outside the jurisdiction of the
affected local government, the solid waste
planning unit, or the State in which the
landfill is located; and
``(II) a notice of decision from the State
to grant a construction permit; or
``(iii) incinerators in operation on the date of
enactment of this section that--
``(I) received, during calendar year 1991,
documented shipments of out-of-State municipal
waste;
``(II) are in compliance with the
applicable requirements of section 129 of the
Clean Air Act (42 U.S.C. 7429); and
``(III) are in compliance with all
applicable Federal and State laws (including
any Federal or State rule or regulation)
relating to facility design, operations, and
emissions.
``(2) Authority to limit.--Beginning with calendar year
1993, a Governor may--
``(A) limit the quantity of out-of-State municipal
waste received for disposal at each landfill or
incinerator in the State to an annual quantity equal to
the quantity of out-of-State municipal waste received
for disposal at the landfill or incinerator during the
calendar year 1991 or 1992, whichever is less; and
``(B) limit the disposal of out-of-State municipal
waste at each landfill or incinerator in the State that
received, during calendar year 1991 or 1992, documented
shipments of more than 50,000 tons of out-of-State
municipal waste representing more than 30 percent of
all municipal waste received at the landfill or
incinerator during the calendar year, by limiting the
quantity of out-of-State municipal waste received for
disposal at such landfill or incinerator to an annual
quantity not greater than 30 percent of all municipal
waste received at the landfill or incinerator during
calendar year 1991 or 1992, whichever is less;
``(C) prohibit the disposal of out-of-State
municipal waste in landfills that do not meet all
applicable Federal and State laws (including any
Federal or State rule or regulation) relating to design
and location standards, leachate collection, ground
water monitoring, and financial assurance for closure
and post-closure and corrective action; and
``(D) prohibit the disposal of out-of-State
municipal waste in incinerators that do not meet all
applicable Federal and State laws (including any
Federal or State rule or regulation) relating to
facility design, operations, and emissions.
``(3) Authority to further limit.--Beginning with calendar
year 1997, a Governor may further limit the disposal of out-of-
State municipal waste as provided in paragraph (2)(B) by
reducing the 30 percent annual quantity limitation to 20
percent in each of calendar years 1998 and 1999, and to 10
percent in each succeeding calendar year.
``(4) Authority with respect to industrial waste.--A
Governor may exercise the authority provided in paragraphs (1),
(2), and (3) with respect to any industrial waste that is to be
disposed of at a landfill or incinerator that receives
municipal solid waste.
``(5) Applicability and discrimination provisions.--Any
limitation imposed by the Governor under paragraph (2)(A),
paragraph (2)(B), or paragraph (3)--
``(A) shall be applicable throughout the State; and
``(B) shall not discriminate against any shipments
of out-of-State municipal waste on the basis of State
of origin.
``(6) Determination of quantity of out-of-state municipal
waste received in states exercising authority.--(A) Any
Governor who intends to exercise the authority provided in this
subsection shall, within 120 days after the date of enactment
of this section, submit to the Administrator information
documenting the quantity of out-of-State municipal waste
received for disposal in the State of the Governor during
calendar years 1991 and 1992.
``(B) On receipt of the information submitted pursuant to
subparagraph (A), the Administrator shall notify the Governor
of each State and the public and shall provide a comment period
of not less than 30 days.
``(C) Not later than 180 days after the date of enactment
of this section, the Administrator shall publish a list of the
quantity of out-of-State municipal waste that was received
during calendar years 1991 and 1992, at each landfill and
incinerator in each State in which the Governor intends to
exercise the authority provided in this subsection.
``(b) Authority To Restrict In-State Municipal Waste Exports.--(1)
Except as provided in paragraph (2), a Governor of a State may limit or
prohibit the exportation outside the State of municipal waste generated
in the State, in accordance with the comprehensive waste management
plan of the affected local solid waste planning unit, or, if such a
plan does not exist, in accordance with State law.
``(2) A Governor may not limit or prohibit the exportation of
materials consisting solely of materials that have been separated from
municipal waste for recycling.
``(c) Delegation of Authority to Local Governments.--A Governor may
delegate authority provided by subsection (a) or (b), or both, to an
affected local government or to a local solid waste planning unit, if a
local solid waste planning unit exists under State law.
``(d) Designation of Affected Local Government.--Within 90 days
after the date of the enactment of this section, the Governor shall
designate which entity listed in subsection (e)(1) shall serve as the
affected local government for actions taken under subsections (a) and
(b). If the Governor fails to make a designation, the affected local
government for actions taken under this section shall be the city,
town, borough, county, parish, or other political subdivision created
pursuant to State law with primary jurisdiction over the land or the
use of the land on which the landfill or incinerator concerned is
located.
``(e) Definitions.--For purposes of this section:
``(1) The term `affected local government' means the
elected officials of the city, town, borough, county, parish,
or other political subdivision in which a landfill or
incinerator is located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
State law.
``(3) The term `out-of-State municipal waste' means, with
respect to a State, municipal waste generated outside of the
State. The term includes municipal waste generated outside of
the United States.
``(4) The term `municipal waste' means refuse (and refuse-
derived fuel) generated by the general public or from a
residential, commercial, institutional, or industrial source
(or any combination thereof), consisting of paper, wood, yard
wastes, plastics, leather, rubber, or other combustible or
noncombustible materials such as metal or glass (or any
combination thereof). The term does not include--
``(A) any solid waste identified or listed as a
hazardous waste under section 3001;
``(B) any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9604 or 9606) or a corrective action taken
under this Act;
``(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated or
diverted from municipal waste and has been transported
into the State for the purpose of recycling or
reclamation;
``(D) any solid or industrial waste that is--
``(i) generated by an industrial facility;
and
``(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator of
the waste, or is located on property owned by
the generator of a company with which the
generator is affiliated;
``(E) any solid waste generated incident to the
provision of service in interstate, intrastate,
foreign, or overseas air transportation;
``(F) any medical waste that is segregated from or
not mixed with municipal waste; or
``(G) any material or product returned from a
dispenser or distributor to the manufacturer for
credit, evaluation, or possible reuse.
``(5) The term `industrial waste' means waste generated
from manufacturing or industrial processing operations that is
not identical to municipal waste with respect to the physical
and chemical state of the waste and the composition of the
waste. The term includes construction and demolition debris.''.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act is amended by
adding at the end of the items relating to subtitle D the following new
item:
``Sec. 4011. Interstate transportation of municipal waste.''. | Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor to prohibit the disposal of out-of-State municipal waste in any landfill or incinerator in the State.
Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an approval from the affected local government or solid waste planning unit to receive municipal waste generated outside the jurisdiction of the local government, planning unit, or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and Federal and State laws relating to facility design, operations, and emissions.
Authorizes State Governors, beginning in 1993, to further limit the quantity of out-of-State waste received for disposal, or the disposal of such waste, at specified landfills and incinerators. Applies the authorities of this Act to industrial waste to be disposed of at landfills or incinerators that receive municipal solid waste.
Prohibits discrimination against shipments of out-of-State waste on the basis of State of origin.
Authorizes a State Governor to limit or prohibit the exportation outside the State of municipal waste generated within the State. | {"src": "billsum_train", "title": "Interstate Transportation of Municipal Waste Act of 1993"} | 2,293 | 354 | 0.7566 | 2.024038 | 0.92432 | 4.151125 | 7.061093 | 0.948553 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Border Act of 2012''.
SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.
(a) Strategy to Secure the Border Between the Ports of Entry.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees a comprehensive strategy for gaining, within
five years, operational control of the international borders between
the ports of entry of the United States. The strategy shall include an
analysis of the following:
(1) Staffing requirements for all border security
functions.
(2) Investment in infrastructure, including pedestrian
fencing, vehicle barriers, and roads.
(3) The use of unmanned aerial vehicles, camera technology,
sensors, and other innovative technology as the Secretary may
determine.
(4) Cooperative agreements with international, State,
local, tribal, and other Federal law enforcement agencies that
have jurisdiction on the northern border and southern border.
(5) Other means designed to detect, respond to, and
interdict unlawful cross-border activity and to reduce the
level of violence.
(6) A schedule for implementing security measures,
including a prioritization for future investments.
(7) A comprehensive technology plan for major surveillance
and detection technology programs, including a justification
and rationale for technology choices and deployment locations.
(8) The recommendations made in the December 2010
Government Accountability Office report entitled ``Enhanced DHS
Oversight and Assessment of Interagency Coordination is Needed
for the Northern Border''.
(b) Securing the Border at Ports of Entry.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Homeland
Security shall develop metrics to measure the effectiveness of security
at ports of entry, which shall consider, at minimum, the following:
(1) The number of infractions related to personnel and
cargo committed by major violators who are apprehended by U.S.
Customs and Border Protection at such ports of entry.
(2) The estimated number of such infractions committed by
major violators who are not so apprehended.
(3) The required number of U.S. Customs and Border
Protection Officers, Agricultural Specialists, and Canine
Enforcement Officers necessary to achieve operational control
at such ports of entry.
(4) Infrastructure improvements required to achieve
operational control at such ports of entry, including the
installation of nonintrusive detection equipment, radiation
portal monitors, biometrics, and other sensors and technology
that the Secretary determines necessary.
(5) The deployment of resources based on the overall
commercial and passenger traffic, cargo volume, and threat
environment at such ports of entry.
(6) The recommendations made in the December 2010
Government Accountability Office report entitled ``Enhanced DHS
Oversight and Assessment of Interagency Coordination is Needed
for the Northern Border''.
(c) Evaluation by Department of Energy National Laboratory.--The
Secretary of Homeland Security shall request the head of an appropriate
Department of Energy National Laboratory with prior expertise in border
security to evaluate the measurement system required under subsection
(b) to ensure its suitability and statistical validity for analyzing
progress for the interdiction of illegal crossing and contraband at
ports of entry.
(d) Consideration of Alternative Border Security Standards.--If in
developing the strategic plan required under subsection (a) the
Secretary of Homeland Security makes a determination to measure
security between border ports of entry by a standard other than
operational control, the Secretary shall request the head of an
appropriate Department of Energy National Laboratory with prior
expertise in border security to evaluate such alternative standard to
ensure the suitability and statistical validity of such standard with
respect to measuring the progress for the interdiction of illegal
crossings and contraband that pass between such ports of entry.
(e) Reports.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit the appropriate congressional committee
a report on the following:
(1) A resource allocation model for current and future year
staffing requirements that includes optimal staffing levels at
all land, air, and sea ports of entry and an explanation of
U.S. Customs and Border Protection methodology for aligning
staffing levels and workload to threats and vulnerabilities
across all mission areas.
(2) Detailed information on the level of manpower data
available at all land, air, and sea ports of entry, including
the number of canine and agricultural officers assigned to each
such port of entry.
(f) Definitions.--In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(2) Major violator.--The term ``major violator'' means a
person or entity that is or has engaged in serious criminal
activities at any land, air, or sea port of entry, including
possession of narcotics, smuggling of prohibited products,
human smuggling, weapons possession, use of fraudulent United
States documents, and other offenses serious enough to result
in arrest.
(3) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
Passed the House of Representatives May 30, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Secure Border Act of 2012 - Directs the Secretary of Homeland Security (DHS) to submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between U.S. ports of entry.
Requires such strategy to include an analysis of: (1) staffing requirements; (2) infrastructure needs; (3) the use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology; (4) cooperative agreements with international, state, local, tribal, and other federal law enforcement agencies; (5) other means designed to respond to unlawful cross-border activity and to reduce the level of violence; (6) a schedule for implementing security measures; (7) a plan for major surveillance and detection technology programs; and (8) the recommendations made in the Government Accountability Office (GAO) report "Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border." Directs the Secretary to develop metrics to measure security effectiveness at ports of entry which shall consider: (1) the number of infractions related to personnel and cargo committed by major violators; (2) the required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control; (3) infrastructure improvements; (4) resource deployment; and (5) the recommendations made in such GAO report.
Sets forth reporting requirements. | {"src": "billsum_train", "title": "To achieve operational control of and improve security at the international land borders of the United States, and for other purposes."} | 1,188 | 299 | 0.739454 | 2.404794 | 0.859092 | 5.721014 | 4.036232 | 0.960145 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Route 66 Centennial Commission
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Route 66 was the Nation's first all-paved highway under
the U.S. Highway System connecting the Midwest to California
and has played a major role in the history of the United
States.
(2) Route 66 was the symbol of opportunity to hundreds of
thousands of people seeking escape from the Dust Bowl in the
1930s, serving as a ``road to opportunity'' in the West and
providing employment during the Great Depression, as thousands
were put to work on road crews to pave the road.
(3) Route 66 was invaluable in transporting troops,
equipment, and supplies across the country to the West, where
the government established multiple industries and armed force
bases during World War II. Upon the conclusion of the war in
1945, Route 66 was a key route taken by thousands of troops as
they returned home.
(4) Route 66 symbolized the Nation's positive outlook
during the postwar economic recovery in the 1950s and 1960s,
serving as an icon of free-spirited independence and linking
people across the United States. During this period, the
tourist industry along Route 66 grew tremendously, giving rise
to countless tourist courts, motels, service stations, garages,
and diners.
(5) Since June 27, 1985, when Route 66 was decommissioned
as a Federal highway, the popularity and mythical stature of
Route 66 has grown domestically and internationally, as the
road has experienced a rebirth of interest and support.
(6) The year 2026 will be the centennial anniversary of
Route 66, and a commission should be established to study and
recommend to Congress activities that are fitting and proper to
celebrate that anniversary in a manner that appropriately
honors America's Mother Road.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Route 66
Centennial Commission (referred to in this Act as the ``Commission'').
SEC. 4. DUTIES.
The Commission shall have the following duties:
(1) To study activities that may be carried out by the
Federal Government to determine whether the activities are
fitting and proper to honor Route 66 on the occasion of its
centennial anniversary, including any of the activities
described under section 8(b)(2)(B).
(2) To recommend to Congress the activities the Commission
considers most fitting and proper to honor Route 66 on such
occasion, to be carried out by the Department of Transportation
and any other entity or entities within the Federal Government
that the Commission considers most appropriate to carry out
such activities.
(3) To plan and host, in cooperation with such partners, a
conference on the U.S. Numbered Highway System, and assist in
the activities of such a conference.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 19
members appointed as follows:
(1) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the
President.
(2) Two members, each of whom shall be a qualified citizen
described in subsection (b), appointed by the President on the
recommendation of the Secretary of Transportation.
(3) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Illinois.
(4) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Missouri.
(5) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Kansas.
(6) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Oklahoma.
(7) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Texas.
(8) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of New Mexico.
(9) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Arizona.
(10) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of California.
(11) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the President
on the recommendation of the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(12) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the President
on the recommendation of the majority leader of the Senate, in
consultation with the minority leader of the Senate.
(b) Qualified Citizen.--A qualified citizen described in this
subsection is a private citizen of the United States with--
(1) a demonstrated dedication to educating others about the
importance of historical figures and events; and
(2) substantial knowledge and appreciation of Route 66.
(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day
period beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of Congress, and ceases to be a
Member of Congress, that member may continue to serve on the Commission
for not longer than the 30-day period beginning on the date that member
ceases to be a Member of Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(i) Quorum.--Seven members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(j) Chair.--The President, in consultation with the Secretary of
Transportation, shall designate one member of the Commission as Chair.
(k) Meetings.--The Commission shall meet at the call of the Chair.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Commission may appoint and fix the pay of a
Director and such additional personnel as the Commission considers to
be appropriate.
(b) Applicability of Certain Civil Service Laws.--
(1) Director.--The Director of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(2) Staff.--The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
SEC. 7. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers to be appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 8. REPORTS.
(a) Interim Reports.--The Commission may submit to Congress such
interim reports as the Commission considers to be appropriate.
(b) Comprehensive Report.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report incorporating specific
recommendations for the commemoration of the centennial of
Route 66 and related events.
(2) Contents of report.--The report under paragraph (1)--
(A) shall include recommendations for the
allocation of financial and administrative
responsibility among the public and private authorities
and organizations recommended for participation by the
Commission; and
(B) may recommend activities such as--
(i) the production, publication, and
distribution of books, pamphlets, films,
electronic publications, and other educational
materials focusing on the history and impact of
Route 66 on the United States and the world;
(ii) bibliographical and documentary
projects, publications, and electronic
resources;
(iii) conferences, convocations, lectures,
seminars, and other programs;
(iv) the development of programs by and for
libraries, museums, parks, and historic sites,
including national traveling exhibitions;
(v) ceremonies and celebrations
commemorating specific events;
(vi) the production, distribution, and
performance of artistic works, and of programs
and activities, focusing on the national and
international significance of Route 66; and
(vii) the issuance of commemorative coins,
medals, certificates of recognition, and
postage stamps.
(c) Final Report.--The Commission shall submit to the President and
Congress a final report not later than 90 days before the termination
of the Commission provided in section 10.
SEC. 9. PLAN ON PRESERVATION NEEDS OF ROUTE 66.
(a) In General.--The Secretary of Transportation, in consultation
with the Governors referred to in section 5(a), shall prepare a plan on
the preservation needs of Route 66.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
President a report containing the plan prepared under subsection (a).
SEC. 10. TERMINATION.
The Commission shall terminate not later than June 30, 2027.
SEC. 11. CLARIFICATION REGARDING FUNDING.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements may be carried out using amounts otherwise
authorized or made available for the Department of Transportation,
except for amounts authorized from the Highway Trust Fund.
Passed the House of Representatives July 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Route 66 Centennial Commission Act (Sec. 3) This bill establishes the Route 66 Centennial Commission to honor highway Route 66 on the occasion of its centennial anniversary. (Sec. 4) The bill sets forth the duties of the commission, its membership, powers, and reporting requirements. (Sec. 9) The Department of Transportation shall prepare a plan on the preservation needs of Route 66. (Sec. 10) The commission shall terminate not later than June 30, 2027. | {"src": "billsum_train", "title": "Route 66 Centennial Commission Act"} | 2,502 | 115 | 0.526511 | 1.532654 | 0.624059 | 3.989362 | 25.393617 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Local Contractors Act''.
SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND
LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS.
(a) Requirement for State Tax Clearance From Potential Construction
Contractors.--
(1) Defense contracts.--Section 2305(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(10) In order to be considered a responsible bidder or offeror
for a contract for the construction of a public building, facility, or
work, a bidder or offeror shall submit with the bid or offer a tax
clearance from the State in which the contract is to be performed. For
purposes of this paragraph, a tax clearance is a document from an
appropriate State agency indicating that the bidder or offeror is in
compliance with all the tax laws of the State in which the contract is
to be performed.''.
(2) Civilian agency contracts.--Section 303B of title III
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253b) is amended by adding at the end the following
new subsection:
``(n) Tax Clearance.--In order to be considered a responsible
bidder or offeror for a contract for the construction of a public
building, facility, or work, a bidder or offeror shall submit with the
bid or offer a tax clearance from the State in which the contract is to
be performed. For purposes of this paragraph, a tax clearance is a
document from an appropriate State agency indicating that the bidder or
offeror is in compliance with all the tax laws of the State in which
the contract is to be performed.''.
(b) Requirement To Withhold Final Contract Payment Until Receipt of
State Tax Clearance and Certification of Compliance With Employment
Laws From Contractor.--
(1) Defense contracts.--Section 2307 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(j) Requirement To Withhold Final Payment.--(1) The head of an
agency shall withhold final payment under a contract for the
construction of a public building, facility, or work until the
contractor submits to the agency both of the following:
``(A) A tax clearance from the State in which the contract
is or was performed.
``(B) A certification stating that the contractor is in
compliance (or was in compliance during the performance of the
contract) with all applicable State laws that require employers
to make payments to or for the benefit of employees, including
laws relating to unemployment insurance, workers compensation,
health insurance, and disability insurance.
``(2) For purposes of this subsection, a tax clearance is a
document from an appropriate State agency indicating that the
contractor is or was in compliance with all the tax laws of the State
in which the contract is or was performed.''.
(2) Civilian agency contracts.--Section 305 of title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 255) is amended by adding at the end the following
new subsection:
``(h) Requirement To Withhold Final Payment.--(1) The head of an
executive agency shall withhold final payment under a contract for the
construction of a public building, facility, or work until the
contractor submits to the agency both of the following:
``(A) A tax clearance from the State in which the contract
is or was performed.
``(B) A certification stating that the contractor is in
compliance (or was in compliance during the performance of the
contract) with all applicable State laws that require employers
to make payments to or for the benefit of employees, including
laws relating to unemployment insurance, workers compensation,
health insurance, and disability insurance.
``(2) For purposes of this subsection, a tax clearance is a
document from an appropriate State agency indicating that the
contractor is or was in compliance with all the tax laws of the State
in which the contract is or was performed.''.
(c) Authority To Withhold Payment to Contractor of Amounts
Necessary To Meet State Tax Obligations.--
(1) Defense contracts.--Section 2307 of title 10, United
States Code, is further amended by adding at the end the
following new subsection:
``(k) Authority To Withhold Payment To Meet State Tax
Obligations.--The head of an agency may withhold, from any payment due
to a contractor under a contract made by the agency for the
construction of a public building, facility, or work, an amount
considered necessary by the head of the agency to pay to the State in
which the contract is being performed the amount of the contractor's
State tax liability that is attributable to the contract. The head of
the agency that so withholds a payment may, upon request of the State
in which the contract is being performed and with such documentation as
the head of the agency considers necessary, pay such tax liability
amount directly to the State from the withheld payment. Any amount of a
withheld payment that exceeds the actual State tax liability amount
shall be paid to the contractor.''.
(2) Civilian agency contracts.--Section 305 of title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 255) is further amended by adding at the end the
following new subsection:
``(i) Authority To Withhold Payment To Meet State Tax
Obligations.--The head of an executive agency may withhold, from any
payment due to a contractor under a contract made by the agency for the
construction of a public building, facility, or work, an amount
considered necessary by the head of the agency to pay to the State in
which the contract is being performed the amount of the contractor's
State tax liability that is attributable to the contract. The head of
the executive agency that so withholds a payment may, upon request of
the State in which the contract is being performed and with such
documentation as the head of the agency considers necessary, pay such
tax liability amount directly to the State from the withheld payment.
Any amount of a withheld payment that exceeds the actual State tax
liability amount shall be paid to the contractor.''.
(d) Requirement for Construction Contractors To Obtain Applicable
State Licenses.--
(1) Defense contracts.--(A) Chapter 141 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2410n. Construction contracts: requirement to obtain applicable
State licenses
``The Secretary of Defense shall require, in any contract entered
into by the Secretary for the construction of a public building,
facility, or work which is to be performed in a State that requires
persons performing the type of work to be performed under the contract
to be licensed, that the contractor be so licensed.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2410n. Construction contracts: requirement to obtain applicable State
licenses.''.
(2) Civilian agency contracts.--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. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE
STATE LICENSES.
``The head of an executive agency shall require, in any contract
entered into by the agency for the construction of a public building,
facility, or work which is to be performed in a State that requires
persons performing the type of work to be performed under the contract
to be licensed, that the contractor be so licensed.''.
(e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition
Regulation.--The Federal Acquisition Regulation shall be revised to
contain provisions explaining the general excise tax law of the State
of Hawaii.
(f) Effective Date.--The amendments made by this Act shall apply
with respect to contracts entered into after the date of the enactment
of this Act. | Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance.
Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State.
Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license.
Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii. | {"src": "billsum_train", "title": "To provide authorities to, and impose requirements on, the heads of executive agencies in order to facilitate State enforcement of State tax, employment, and licensing laws against Federal construction contractors."} | 1,831 | 267 | 0.648951 | 1.903902 | 0.754868 | 3.969957 | 7.098712 | 0.957082 |
SECTION 1. SHORT TITLE.
This Act may be cited at the ``Clean Air and Water Preservation Act
of 2000''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) The oxygenate requirement of the reformulated gasoline
(``RFG'') program has proven effective in reducing emissions of
exhaust hydrocarbons, nitrous oxide and carbon monoxide, known
precursors to smog.
(2) One oxygenate chosen by gasoline refiners to comply
with the Clean Air Act regulations, methyl tertiary butyl ether
(``MTBE''), has been discovered in water sources throughout the
nation.
(3) MTBE renders water undrinkable and is considered a
probable carcinogen by the Environmental Protection Agency.
(4) MTBE is highly soluble in water and slow to degrade.
Only one gallon of MTBE is required to contaminate 26 million
gallons of water.
(5) An alternative oxygenate, ethanol, is a biobased
product which produces the same reductions in emissions, is not
as soluble in water, biodegrades rapidly, and is considered
safe for the environment.
(6) The oxygenate requirement of the RFG program requires 2
percent by weight of an oxygenate be added to gasoline. Ethanol
contains approximately twice as much as oxygen as MTBE,
therefore supplying the RFG program with sufficient ethanol to
replace MTBE would require half the volume of MTBE currently
used.
(7) The ethanol industry is expanding rapidly. Production
capacity in 1998 was estimated at 1.8 billion gallons. New
production facilities that came on line in 1999 has greatly
increased this capacity.
(8) The Department of Agriculture projects the domestic
ethanol industry will be able to produce the approximately 3.1
billion gallons of ethanol necessary to replace MTBE by 2004.
(9) The U.S. Department of Agriculture estimates that
replacing MTBE with ethanol will (A) increase the demand for
corn for ethanol by more than 500 million bushels each year,
improving the price of corn by 14 cents per bushel each year
and increasing average total farm cash receipts by $1 billion
each year; (B) create 13,000 new jobs; and (C) increase average
US agricultural net export value by more than $200 million and
reduce US import value of MTBE by $1.1 billion for an improved
US trade balance of $1.3 billion each year.
(10) Ethanol is an energy efficient fuel. A 1995 report by
the USDA estimated one gallon of ethanol provides 25 percent
more energy than production requires. Other studies show the
net energy gain potential of ethanol could exceed 150 percent
when state-of-the art agricultural and production technologies
are used.
(11) Ethanol is proven to enhance the performance of
automobiles. Currently, all vehicle manufacturers approve the
use of 10 percent ethanol blended fuels.
(12) Replacing MTBE with ethanol would maintain the
emissions reductions obtained through the RFG program without
the water contamination problems associated with MTBE.
(13) When implementing the Clean Air Act Amendments of
1990, the Environmental Protection Agency required, by
regulation, that each gallon of gasoline sold in the RFG
program contain a minimum of 1.5 percent by weight of
oxygenate. This was not the intent of Congress in passing the
oxygenate requirement and prohibits the most efficient use of
oxygenates. Lifting this regulatory requirement will provide
refiners more flexibility for complying with the RFG program
and provide high performance gasoline year-round.
(14) Providing such flexibility in the use of oxygenates
could lead to an increase in the use of aromatics, many of
which are known carcinogens. Therefore, a limit on the amount of
aromatics added to gasoline is necessary to protect public health.
(15) Providing such flexibility in the use of oxygenates
could lead to an increase in emissions. Therefore, a
prohibition against an increase in emissions above the level
achieved by RFG gasoline is necessary to protect air quality.
SEC. 3. USE OF MTBE AS A FUEL ADDITIVE.
(a) MTBE Ban.--Section 211(c) of the Clean Air Act (42
U.S.C.7545(c)) is amended by adding at the end of paragraph (1) the
following: ``The regulations under this paragraph shall prohibit the
use of methyl tertiary butyl ether (MTBE) as a fuel additive.''.
(b) Regulations.--The Administrator of the Environmental Protection
Agency shall amend the regulations under section 211(c)(1) of the Clean
Air Act as promptly as practicable after the date of enactment of this
Act to conform to the amendment made by subsection (a) of this section.
(c) Effective Date.--Subsection (a) of this section shall take
effect upon the expiration of the three-year period beginning on the
date of the enactment of this Act.
(d) Labeling.--During the period beginning on the date of enactment
of this Act and ending three years from the date of enactment, the
Administrator of the Environmental Protection Agency shall require any
person selling gasoline that contains methyl tertiary butyl ether at
retail to prominently label the fuel dispensing system for the gasoline
with a notice that the gasoline contains methyl tertiary butyl ether
(`MTBE').
SEC. 4. EXISTING MTBE WATER CONTAMINATION.
(a) State Source Water Assessment Programs.--Section 1453(a) of the
Safe Drinking Water Act is amended by adding the following at the end
thereof:
``(8) MTBE Contamination.--The Administrator shall amend
the guidelines under this subsection to require that State
source water assessment programs be revised to prioritize
groundwater areas and aquifers that have been contaminated, or
are most vulnerable to contamination, by methyl tertiary butyl
ether (`MTBE'). Each such revision shall be submitted and
approved or disapproved by the Administrator in accordance with
the same deadlines as applicable to the original program under
paragraph (3).''.
(b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking
Water Act is amended by adding the following at the end thereof:
``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop
a clear set of technical guidelines to assist States in the
investigation and cleanup of methyl tertiary butyl ether (`MTBE') in
groundwater.''.
SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM.
(a) Amendment of Clean Air Act.--Subparagraph (B) of section
211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of
section 211(k)(3) of such Act are each amended by inserting ``an
average of'' before ``2.0 percent''.
(b) Regulation Invalidated.--The provisions of section 80.41(b) of
part 80 of title 40 of the Code of Federal Regulations establishing a
per-gallon minimum oxygen content (percent, by weight) shall cease to
have any force and effect on the date of the enactment of this Act.
SEC. 6. ANTI-BACKSLIDING.
(a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air
Act is amended by adding the following at the end thereof: ``No later
than June 1, 2000, the Administrator shall revise the regulations under
this paragraph as necessary to ensure that the ozone forming potential,
taking into account all ozone precursors (including volatile organic
compounds, oxides of nitrogen, and carbon monoxide), of the aggregate
emissions during the high ozone season (as defined by the
Administrator) from baseline vehicles when using reformulated gasoline
does not exceed the ozone forming potential of the aggregate emissions
from such vehicles when using reformulated gasoline that complies with
the regulations that were in effect on January 1, 2000, and applicable
to reformulated gasoline sold in calendar year 2000 and thereafter.''.
(b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean
Air Act is amended by adding the following new subparagraph at the end
thereof:
``(E) Aromatic hydrocarbon content.--The aromatic
hydrocarbon content of the gasoline shall be not
greater than the average aromatic hydrocarbon content
of reformulated gasoline sold in covered areas for use
in such vehicles during the year 2000.''.
SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE.
The Secretary of Energy and the Administrator of the Environmental
Protection Agency shall evaluate by December 31, 2000 and report to the
President and the Congress on the potential for development of
oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not
otherwise identified in this Act, and shall evaluate what steps, if
any, would be appropriate to foster development of such alternatives
should they be found to be an acceptable substitute for MTBE.
SEC. 8. TRANSITION TO ETHANOL.
It is the Sense of the Congress that the United States should
promote renewable ethanol to replace methyl tertiary butyl ether
(``MTBE'') and encourage oil refiners to make the transition from MTBE-
blended fuel to ethanol-blended fuel as soon as possible. | Requires the Administrator of the Environmental Protection Agency to require, during the period beginning on this Act's enactment and ending three years after such date, persons selling gasoline that contains MTBE at retail to label the fuel dispensing system with a notice that the gasoline contains MTBE.
(Sec. 4) Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE. Directs the Administrator to develop a clear set of technical guidelines to assist States in the investigation and cleanup of MTBE in groundwater.
(Sec. 5) Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight).
(Sec. 6) Requires the Administrator to revise regulations regarding reformulated gasoline to ensure that the ozone forming potential, taking into account all ozone precursors, of the aggregate emissions during the high ozone season from baseline vehicles when using reformulated gasoline does not exceed such potential of the emissions from such vehicles when using reformulated gasoline that complies with regulations that were in effect on January 1, 2000, and applicable to such gasoline sold in 2000 and thereafter.
Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000.
(Sec. 7) Requires the Secretary of Energy and the Administrator to report to the President and Congress on the potential for development of oxygenate alternatives to MTBE not identified in this Act and to evaluate what steps would be appropriate to foster development of such alternatives should they be found to be acceptable substitutes for MTBE.
(Sec. 8) Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible. | {"src": "billsum_train", "title": "Clean Air and Water Preservation Act of 2000"} | 2,091 | 503 | 0.590074 | 2.228789 | 0.716324 | 4.816176 | 4.365196 | 0.958333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Free Market
Healthcare Restoration and Coverage Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repealing the individual mandate.
Sec. 3. Repealing the employer mandate.
Sec. 4. Modifications to premium assistance credit.
Sec. 5. Freedom to maintain existing coverage.
Sec. 6. Essential health benefits.
Sec. 7. Repeal of PPACA and health care-related provisions in the
Health Care and Education Reconciliation
Act of 2010.
Sec. 8. Budgetary effects.
SEC. 2. REPEALING RETROACTIVELY THE INDIVIDUAL MANDATE.
Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of
section 10106 of the Patient Protection and Affordable Care Act (and
the amendments made by such sections and subsections) are repealed and
the Internal Revenue Code of 1986 shall be applied and administered as
if such provisions and amendments had never been enacted.
SEC. 3. REPEALING RETROACTIVELY THE EMPLOYER MANDATE.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (and the
amendments made by such sections and subsections) are repealed and the
Internal Revenue Code of 1986 shall be applied and administered as if
such provisions and amendments had never been enacted.
SEC. 4. MODIFICATIONS RETROSPECTIVELY TO PREMIUM ASSISTANCE CREDIT.
(a) Extension of Credit for Certain Individuals Not Enrolled
Through State Exchanges.--Subject to section 8(c)(2), paragraph (3) of
section 36B(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Special rule for individuals enrolled through
a federal exchange.--In the case of any applicable
taxpayer who is not eligible for the credit allowed
under subsection (a) (determined without regard to this
subparagraph) solely as a result of a determination by
the Supreme Court of the United States in the case of
King v. Burwell (2015), paragraph (2)(A) shall be
applied to months beginning before September 2017, by
substituting `enrolled in through an Exchange
established under the Patient Protection and Affordable
Care Act' for `enrolled in through an Exchange
established by the State under 1311 of the Patient
Protection and Affordable Care Act'.''.
(b) Denial of Credit for Individuals Not Previously Enrolled.--
Subject to section 8(c)(2), subsection (b) of section 36B of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Limitation for individuals not previously enrolled.--
The premium assistance credit amount shall be zero with respect
to any qualified health plan unless such plan covers an
individual described in paragraph (2)(A) who was enrolled in a
qualified health plan through an Exchange established under the
Patient Protection and Affordable Care Act before the date of
the enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE.
(a) In General.--Subject to section 8(c)(2), part 2 of subtitle C
of title I of the Patient Protection and Affordable Care Act (42 U.S.C.
18011 et seq.) is amended by striking section 1251 and inserting the
following:
``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.
``(a) No Changes to Existing Coverage.--
``(1) In general.--Nothing in this Act (or an amendment
made by this Act) shall be construed to require that an
individual terminate coverage under a group health plan or
health insurance coverage in which such individual was enrolled
during any part of the period beginning on the date of
enactment of this Act and ending on December 31, 2017.
``(2) Continuation of coverage.--With respect to a group
health plan or health insurance coverage in which an individual
was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017,
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply to such plan or coverage, regardless
of whether the individual renews such coverage.
``(b) Allowance for Family Members To Join Current Coverage.--With
respect to a group health plan or health insurance coverage in which an
individual was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017, and
which is renewed, family members of such individual shall be permitted
to enroll in such plan or coverage if such enrollment is permitted
under the terms of the plan in effect as of such date of enrollment.
``(c) Allowance for New Employees To Join Current Plan.--A group
health plan that provides coverage during any part of the period
beginning on the date of enactment of this Act and ending on December
31, 2017, may provide for the enrolling of new employees (and their
families) in such plan, and this subtitle and subtitle A (and the
amendments made by such subtitles) shall not apply with respect to such
plan and such new employees (and their families).
``(d) Effect on Collective Bargaining Agreements.--In the case of
health insurance coverage maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers that was ratified before December 31, 2017, the provisions of
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply until the date on which the last of the
collective bargaining agreements relating to the coverage terminates.
Any coverage amendment made pursuant to a collective bargaining
agreement relating to the coverage which amends the coverage solely to
conform to any requirement added by this subtitle or subtitle A (or
amendments) shall not be treated as a termination of such collective
bargaining agreement.
``(e) Definition.--In this title, the term `grandfathered health
plan' means any group health plan or health insurance coverage to which
this section applies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 6. ESSENTIAL HEALTH BENEFITS.
(a) In General.--Subject to section 8(c)(2), subsections (a) and
(b) of section 1302 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18022) are amended to read as follows:
``(a) Essential Health Benefits Package.--In this title, the term
`essential health benefits package' means, with respect to any health
plan, coverage that provide for benefits and cost sharing as required
in the States in which such plan is offered.
``(b) Essential Health Benefits.--Essential health benefits shall
be defined to include those required by the State in which a health
plan is offered.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 7. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS IN THE
HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.
(a) PPACA.--Effective on May 31, 2017, the Patient Protection and
Affordable Care Act (Public Law 111-148) is repealed, and the
provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
(b) Health Care-Related Provisions in the Health Care and Education
Reconciliation Act of 2010.--Effective on May 31, 2017, title I and
subtitle B of title II of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152) are repealed, and the provisions of
law amended or repealed by such title or subtitle, respectively, are
restored or revived as if such title and subtitle had not been enacted.
(c) Treatment of Overlapping Provisions.--Subsections (a) and (b)--
(1) shall not apply to provisions of law repealed by
sections 2 and 3 of this Act; and
(2) shall apply with respect to superseding the amendments
made by sections 4 through 6 of this Act.
SEC. 8. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010. | Free Market Healthcare Restoration and Coverage Act of 2015 This bill repeals the Patient Protection and Affordable Care Act (PPACA) and the health care provisions of the Health Care and Education Reconciliation Act of 2010, effective May 31, 2017. Provisions amended by the repealed provisions are restored. PPACA and the Internal Revenue Code are amended to repeal the requirements for individuals to maintain minimum essential coverage and for large employers to pay penalties if a full-time employee: (1) must wait longer than 60 days to enroll in an employer-sponsored health plan, or (2) receives a premium assistance tax credit or reduced cost-sharing. Coverage reporting requirements for providers and large employers are also repealed. These amendments are applied as if the repealed provisions had not been enacted. Individuals enrolled in a health plan purchased through the federal health insurance exchange at the time of enactment of this Act who are ineligible for a premium assistance tax credit solely as a result of a determination by the Supreme Court in King v. Burwell are eligible for the tax credit. This applies to coverage months beginning after December 2013. Group health coverage in which an individual was enrolled for any period after enactment of PPACA (March 23, 2010) is a grandfathered health plan under PPACA and is exempt from some coverage requirements. Essential health benefits are defined by states. This amendment takes effect as if included in PPACA. The budgetary effects of this bill must not be entered on the PAYGO scorecards maintained by the Office of Management and Budget. | {"src": "billsum_train", "title": "Free Market Healthcare Restoration and Coverage Act of 2015"} | 2,016 | 337 | 0.628576 | 1.910703 | 0.744552 | 2.421603 | 6.163763 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Museum Act of
2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for a site to be used for the
construction and operation of a national health museum.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
(5) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and Museum deem appropriate for the
museum facility.
(6) Property.--The term ``property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest,
Washington, D.C., and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 4. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the property to the Museum on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
60 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator shall convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The following terms and
conditions shall apply to the appraisal:
(i) The appraisal shall assume that the
property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C.
9601)) which require remedial action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend the
proceeds from the conveyance for any lawful purpose consistent with
existing authorities granted to the Administrator; except that the
Administrator shall provide the Committees with 30 days advance written
notice of any expenditure of the proceeds.
(d) Quit Claim Deed.--
(1) In general.--The property shall be conveyed pursuant to
2 quit claim deeds (one for the northern portion and one for
the southern portion of the property), each of which shall
contain the covenants required by section 120(h) of CERCLA (42
U.S.C. 9620).
(2) Limitation on liability.--The United States shall not
be liable or responsible pursuant to paragraph (1) for any
additional remedial action--
(A) with respect to hazardous substances not
existing on the property as of the date of conveyance,
unless the presence of such hazardous substances on the
property was caused by the United States; or
(B) caused, required, or arising out of actions of
the Museum, its affiliate, any successor thereto, or
any of their respective agents, contractors, or
assigns.
(e) Use Restriction.--The northern portion of the property shall be
dedicated for use as a site for a national health museum for the 99-
year period beginning on date of conveyance of that portion to the
Museum.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if--
(A) that portion is not used as a site for a
national health museum at any time during the 99-year
period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on that portion in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If any portion of
the property reverts to the United States pursuant to this
section, such property shall be under the custody and control
of the Administrator.
(g) Closing.--
(1) Deadline.--The Administrator shall convey the northern
and southern portions of the property not later than 3 years
after the date of enactment of this Act. The Administrator may
extend that period for such time as is reasonably necessary for
the Museum to perform its obligations under section 5(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 5. ENVIRONMENTAL MATTERS.
(a) Liabilities and Responsibilities.--The agreement entered into
under section 4(a)(2) shall provide that the Museum will conduct any
environmental remediation activity with respect to the property, and
bear the costs of any such activity, except as otherwise provided by
section 4(d) and subsection (b) of this section.
(b) Crediting of Remediation Costs.--Any costs of environmental
remediation activities referred to in subsection (a) shall be credited
to the purchase price for the property up to an amount not greater than
the purchase price for the property.
(c) Scope of Remediation Activities.--The scope of any required
environmental remediation activity with respect to the property shall
be as required by section 120 of CERCLA (42 U.S.C. 9620).
SEC. 6. INCIDENTAL COSTS.
(a) Responsibilities.--Except as otherwise specifically provided by
this Act, the Museum shall bear any and all costs associated with
complying with the provisions of this Act, including studies and
reports, surveys, relocating tenants, and mitigating impacts to
existing Federal buildings and structures resulting directly from the
development of the property by the Museum.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and Museum in the agreement entered into under section
4(a)(2), and any costs in excess of such agreed upon amount shall be
credited to the purchase price for the property upon the closing on the
portion of the property first conveyed.
SEC. 7. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 8. REPORTS.
Not later than one year after the date of enactment of this Act,
and annually thereafter until the end of the 5-year period following
conveyance of the property or until substantial completion of the
museum facility (whichever is later), the Museum shall submit annual
reports to the Administrator and the Committees detailing the
development and construction activities of the Museum with respect to
this Act. | National Health Museum Act of 2005 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions.
Sets forth related requirements regarding environmental matters, incidental costs, and land use approvals. | {"src": "billsum_train", "title": "A bill to provide a site for construction of a national health museum, and for other purposes."} | 2,276 | 73 | 0.564946 | 1.516941 | 0.774914 | 3.184615 | 31.507692 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Trade Facilitation
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Pursuant to article I, section 8, clause 3 of the
Constitution of the United States, Congress has the authority
to establish negotiating objectives for the United States for
agreements related to agricultural trade.
(2) From 2008 to 2010, the value of United States
agricultural exports averaged nearly $107 billion annually.
Compared to 1998 to 2000, when the total value of agricultural
exports averaged $51,000,000,000 annually, United States
agricultural exports have more than doubled in past ten years.
(3) The Department of Agriculture's Economic Research
Service reports that each $1,000,000,000 in United States
agricultural exports supports approximately 8,400 jobs. The
Economic Research Service further reports that United States
agricultural exports supported nearly 830,000 full-time
American jobs both on and off-farm in 2009.
(4) Even as the importance of agricultural exports to the
United States economy grows, there are continued reports that
non science-based sanitary and phytosanitary measures are
restricting trade, acting as non-tariff barriers to trade. The
elimination and reduction of unwarranted sanitary and
phytosanitary barriers to trade will increase United States
agricultural exports and jobs.
(5) Sanitary and phytosanitary measures are those designed
``to protect human, animal or plant life or health from risks''
arising from additives, contaminants, pests, toxins, diseases,
or disease-carrying and causing organisms in foods, beverages,
feedstuffs, animals, or plants. Sanitary and phytosanitary
measures can take such forms as specific product or processing
standards, requirements for products to be produced in disease-
free areas, quarantine regulations, certification or inspection
procedures, sampling and testing requirements, health-related
labeling measures, maximum permissible pesticide residue
levels, and prohibitions on certain food additives.
(6) There are currently 37 active disputes involving
sanitary and phytosanitary measures being argued within the
World Trade Organization (WTO) between Member countries. These
cases have been invoked under the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures.
(7) While the Agreement on the Application of Sanitary and
Phytosanitary Measures, to which all WTO Member countries are
parties, explicitly recognizes the rights of each country to
take their own measures, they must be science-based and applied
only to the extent necessary to protect human, animal or plant
health, and cannot be arbitrary or used to unjustifiably
discriminate domestically or between trading partners. Member
countries are also encouraged to observe established and
recognized international standards. Improper use of measures
can create substantial, if not complete, barriers to United
States exports when they are disguised barriers to trade, are
not supported by science, or are otherwise unwarranted.
(8) In 2010, a United States interagency group led by the
Department of Agriculture's Foreign Agricultural Service,
reviewed more than 1,000 notifications from 50 countries as
required under the Agreement on the Application of Sanitary and
Phytosanitary Measures. The United States Government commented
on 173 proposed or in-force sanitary and phytosanitary
measures. Nearly one-half of the comments were measures
regarding processed products, one-third addressed requirements
for live animals and fish (and their products, including dairy
products); and almost one-quarter were for measures that
introduced new standards or entry requirements for plants, bulk
commodities (including those made with biotechnology), and
horticultural products.
(9) Each year, the United States Trade Representative
reports that non science-based sanitary and phytosanitary trade
barriers continue to threaten, constrain, or block United
States agricultural exports.
(10) A Department of Agriculture study of the impact of
foreign technical trade barriers on United States agricultural
exports reported the presence of ``questionable technical
barriers'' in more than 60 countries affecting trade in more
than 300 agricultural products, valued at an estimated $5
billion of United States agricultural, forestry, and fishery
exports using 1996 data, accounting for about 7 percent of
total agricultural exports during that year. Although more
recent formal estimates of United States agricultural trade
effects are not available, the United States Trade
Representative continues to assert: ``[Sanitary and
phytosanitary] trade barriers prevent U.S. producers from
shipping hundreds of millions of dollars worth of goods,
hurting farms and small businesses''.
(11) The improper use of sanitary and phytosanitary trade
barriers to trade can be reduced through achieving and
implementing agreements that provide for enhanced
harmonization, transparency, equivalency, improved regulatory
practices, and more efficient and effective dispute settlement.
The elimination and reduction in use of such barriers to trade
will strengthen the international trading system by providing
certainty, predictability, and fair treatment.
(12) The Agreement on the Application of Sanitary and
Phytosanitary Measures has proven valuable to United States
exporters, but experience has exposed certain inadequacies in
its rules.
(13) Accordingly, as the United States prepares for future
trade agreements, the Administration must prioritize further
strengthening of rules on sanitary and phytosanitary measures.
SEC. 3. TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES WITH RESPECT
TO THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES
TO AGRICULTURAL PRODUCTS.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objective of the United States with respect to the
application of sanitary and phytosanitary measures to agricultural
products for trade agreements between the United States and foreign
countries is to secure more open, equitable, and reciprocal market
access by strengthening the rules governing the application of sanitary
and phytosanitary measures to agricultural products.
(b) Principal Trade Negotiating Objectives.--The principal trade
negotiating objectives of the United States with respect to the
application of sanitary and phytosanitary measures to agricultural
products are the following:
(1) To strengthen the requirement that the application of
measures is based on scientific evidence by requiring parties
to the agreement to make available their risk assessments and
provide a science-based justification for regulations, in
particular in cases in which measures are more restrictive than
international standards.
(2) To encourage parties to the agreement to participate
actively in the development of international standards relating
to the application of measures and to apply those standards
whenever it is appropriate to do so and to require parties to
provide a scientific justification whenever they apply a
standard that deviates from an established international
standard.
(3) To improve regulatory coherence and increase the use of
systems-based approaches, to require parties to the agreement
to evaluate on a timely basis the health and safety protection
systems of other parties and to allow imports of products if
the system of the exporting party meets or exceeds the end-
product standards of the importing party.
(4) To require greater transparency in the development and
implementation of the measures, to require parties to the
agreement to publish proposed measures, including a scientific
justification, to provide an opportunity for interested parties
to comment on the proposal, and to take into account reasonable
concerns, and to require parties to provide significant advance
notice before implementing new, non-emergency measures in order
to provide ample time for any necessary adjustments by industry
in order to come into compliance.
(5) To require parties to the agreement to carry out risk
analysis in a timely manner consistent with the guidelines
developed by relevant international organizations, to ensure
that risk assessments are based on the most relevant scientific
data, to require parties to consider the full range of risk
management options and to ensure that the measures are no more
trade-restrictive than necessary to meet the intended purpose,
and to require effective risk communication.
(6) To improve rules governing the testing of imported
products, to require importing parties to use validated test
methods and to provide importers with the right to a
confirmatory test, and to provide the right of appeal.
(7) To promote the harmonization of export certification
requirements and to require that parties to the agreement limit
information requirements on export documents to that which is
necessary to determine whether a product meets sanitary and
phytosanitary standards.
(8) To ensure that new sanitary and phytosanitary trade
obligations are fully enforceable through an a more efficient
and effective dispute settlement process.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of the enactment of this Act and applies with
respect to negotiations entered into before, on, or after such date of
enactment for any trade agreement relating to the application of
sanitary and phytosanitary measures to agricultural products.
(b) Exception.--This Act does not apply with respect to
negotiations for any of the following:
(1) The United States-Colombia Trade Promotion Agreement.
(2) The United States-Korea Free Trade Agreement.
(3) The United States-Panama Trade Promotion Agreement.
(4) The Doha Development Round of the World Trade
Organization. | Agricultural Trade Facilitation Act - States that the overall trade negotiating objective of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products for trade agreements between the United States and foreign countries is to secure more open and reciprocal market access by strengthening the rules governing such measures' application to agricultural products.
States that the principal trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products are to: (1) strengthen the requirement that the application of such measures is based on scientific evidence, (2) encourage parties to an agreement to participate actively in the development of international standards relating to such measures' application, (3) improve regulatory coherence and increase the use of systems-based approaches, (4) require greater transparency in such measures' development and implementation, (5) require parties to an agreement to carry out risk analysis in a timely manner consistent with international guidelines, (6) improve rules governing the testing of imported products, (7) promote harmonization of export certification requirements, and (8) ensure that new sanitary and phytosanitary trade obligations are fully enforceable through an effective dispute settlement process.
Makes this Act inapplicable to negotiations for: (1) The United States-Colombia Trade Promotion Agreement, (2) The United States-Korea Free Trade Agreement, (3) The United States-Panama Trade Promotion Agreement, and (4) The Doha Development Round of the World Trade Organization. | {"src": "billsum_train", "title": "To establish trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products to facilitate trade in agriculture, and for other purposes."} | 1,932 | 302 | 0.58994 | 2.130719 | 0.930118 | 5.887719 | 6.445614 | 0.982456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlawful Internet Gambling Funding
Prohibition Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Internet gambling is primarily funded through personal
use of bank instruments, including credit cards and wire
transfers.
(2) The National Gambling Impact Study Commission in 1999
recommended the passage of legislation to prohibit wire
transfers to Internet gambling sites or the banks which
represent them.
(3) Internet gambling is a major cause of debt collection
problems for insured depository institutions and the consumer
credit industry.
(4) Internet gambling conducted through offshore
jurisdictions has been identified by United States law
enforcement officials as a significant money laundering
vulnerability.
SEC. 3. POLICIES AND PROCEDURES REQUIRED TO PREVENT PAYMENTS FOR
UNLAWFUL INTERNET GAMBLING.
(a) Regulations.--Before the end of the 6-month period beginning on
the date of the enactment of this Act, the Federal functional
regulators shall prescribe regulations requiring any designated payment
system to establish policies and procedures reasonably designed to
identify and prevent restricted transactions in any of the following
ways:
(1) The establishment of policies and procedures that--
(A) allow the payment system and any person
involved in the payment system to identify restricted
transactions by means of codes in authorization
messages or by other means; and
(B) block restricted transactions identified as a
result of the policies and procedures developed
pursuant to subparagraph (A).
(2) The establishment of policies and procedures that
prevent the acceptance of the products or services of the
payment system in connection with a restricted transaction.
(b) Requirements for Policies and Procedures.--In prescribing
regulations pursuant to subsection (a), the Federal functional
regulators shall--
(1) identify types of policies and procedures, including
nonexclusive examples, which would be deemed to be ``reasonably
designed to identify'' and ``reasonably designed to block'' or
to ``prevent the acceptance of the products or services'' with
respect to each type of transaction, such as, should credit
card transactions be so designated, identifying transactions by
a code or codes in the authorization message and denying
authorization of a credit card transaction in response to an
authorization message;
(2) to the extent practical, permit any participant in a
payment system to choose among alternative means of identifying
and blocking, or otherwise preventing the acceptance of the
products or services of the payment system or participant in
connection with, restricted transactions; and
(3) consider exempting restricted transactions from any
requirement under subsection (a) if the Federal functional
regulators find that it is not reasonably practical to identify
and block, or otherwise prevent, such transactions.
(c) Compliance With Payment System Policies and Procedures.--A
creditor, credit card issuer, financial institution, operator of a
terminal at which an electronic fund transfer may be initiated, money
transmitting business, or international, national, regional, or local
network utilized to effect a credit transaction, electronic fund
transfer, or money transmitting service, or a participant in such
network, meets the requirement of subsection (a) if--
(1) such person relies on and complies with the policies
and procedures of a designated payment system of which it is a
member or participant to--
(A) identify and block restricted transactions; or
(B) otherwise prevent the acceptance of the
products or services of the payment system, member, or
participant in connection with restricted transactions;
and
(2) such policies and procedures of the designated payment
system comply with the requirements of regulations prescribed
under subsection (a).
(d) Enforcement.--
(1) In general.--This section shall be enforced by the
Federal functional regulators and the Federal Trade Commission
under applicable law in the manner provided in section 505(a)
of the Gramm-Leach-Bliley Act.
(2) Factors to be considered.--In considering any
enforcement action under this subsection against any payment
system, or any participant in a payment system that is a
creditor, credit card issuer, financial institution, operator
of a terminal at which an electronic fund transfer may be
initiated, money transmitting business, or international,
national, regional, or local network utilized to effect a
credit transaction, electronic fund transfer, or money
transmitting service, or a participant in such network, the
Federal functional regulators and the Federal Trade Commission
shall consider the following factors:
(A) The extent to which such person is extending
credit or transmitting funds knowing the transaction is
in connection with unlawful Internet gambling.
(B) The history of such person in extending credit
or transmitting funds knowing the transaction is in
connection with unlawful Internet gambling.
(C) The extent to which such person has established
and is maintaining policies and procedures in
compliance with regulations prescribed under this
subsection.
(D) The feasibility that any specific remedy
prescribed can be implemented by such person without
substantial deviation from normal business practice.
(E) The costs and burdens the specific remedy will
have on such person.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Restricted transaction.--The term ``restricted
transaction'' means any transaction or transmittal to any
person engaged in the business of betting or wagering, in
connection with the participation of another person in unlawful
Internet gambling, of--
(A) credit, or the proceeds of credit, extended to
or on behalf of such other person (including credit
extended through the use of a credit card);
(B) an electronic fund transfer or funds
transmitted by or through a money transmitting
business, or the proceeds of an electronic fund
transfer or money transmitting service, from or on
behalf of the other person;
(C) any check, draft, or similar instrument which
is drawn by or on behalf of the other person and is
drawn on or payable at or through any financial
institution; or
(D) the proceeds of any other form of financial
transaction as the Federal functional regulators may
prescribe by regulation which involves a financial
institution as a payor or financial intermediary on
behalf of or for the benefit of the other person.
(2) Bets or wagers.--The term ``bets or wagers''--
(A) means the staking or risking by any person of
something of value upon the outcome of a contest of
others, a sporting event, or a game subject to chance,
upon an agreement or understanding that the person or
another person will receive something of greater value
than the amount staked or risked in the event of a
certain outcome;
(B) includes the purchase of a chance or
opportunity to win a lottery or other prize (which
opportunity to win is predominantly subject to chance);
(C) includes any scheme of a type described in
section 3702 of title 28, United States Code;
(D) includes any instructions or information
pertaining to the establishment or movement of funds in
an account by the bettor or customer with the business
of betting or wagering; and
(E) does not include--
(i) any activity governed by the securities
laws (as that term is defined in section
3(a)(47) of the Securities Exchange Act of
1934) for the purchase or sale of securities
(as that term is defined in section 3(a)(10) of
such Act);
(ii) any transaction conducted on or
subject to the rules of a registered entity or
exempt board of trade pursuant to the Commodity
Exchange Act;
(iii) any over-the-counter derivative
instrument;
(iv) any other transaction that--
(I) is excluded or exempt from
regulation under the Commodity Exchange
Act; or
(II) is exempt from State gaming or
bucket shop laws under section 12(e) of
the Commodity Exchange Act or section
28(a) of the Securities Exchange Act of
1934;
(v) any contract of indemnity or guarantee;
(vi) any contract for insurance;
(vii) any deposit or other transaction with
a depository institution (as defined in section
3(c) of the Federal Deposit Insurance Act);
(viii) any participation in a simulation
sports game or an educational game or contest
that--
(I) is not dependent solely on the
outcome of any single sporting event or
nonparticipant's singular individual
performance in any single sporting
event;
(II) has an outcome that reflects
the relative knowledge and skill of the
participants with such outcome
determined predominantly by accumulated
statistical results of sporting events;
and
(III) offers a prize or award to a
participant that is established in
advance of the game or contest and is
not determined by the number of
participants or the amount of any fees
paid by those participants; and
(ix) any lawful transaction with a business
licensed or authorized by a State.
(3) Designated payment system defined.--The term
``designated payment system'' means any system utilized by any
creditor, credit card issuer, financial institution, operator
of a terminal at which an electronic fund transfer may be
initiated, money transmitting business, or international,
national, regional, or local network utilized to effect a
credit transaction, electronic fund transfer, or money
transmitting service, or any participant in such network, that
the Federal functional regulators determine, by regulation or
order, could be utilized in connection with, or to facilitate,
any restricted transaction.
(4) Federal functional regulator.--The term ``Federal
functional regulator'' has the same meaning as in section
509(2) of the Gramm-Leach-Bliley Act.
(5) Internet.--The term ``Internet'' means the
international computer network of interoperable packet switched
data networks.
(6) Unlawful internet gambling.--The term ``unlawful
Internet gambling'' means to place, receive, or otherwise
transmit a bet or wager by any means which involves the use, at
least in part, of the Internet where such bet or wager is
unlawful under any applicable Federal or State law in the State
in which the bet or wager is initiated, received, or otherwise
made.
(7) Other terms.--
(A) Credit; creditor; and credit card.--The terms
``credit'', ``creditor'', and ``credit card'' have the
meanings given such terms in section 103 of the Truth
in Lending Act.
(B) Electronic fund transfer.--The term
``electronic fund transfer''--
(i) has the meaning given such term in
section 903 of the Electronic Fund Transfer
Act; and
(ii) includes any fund transfer covered by
Article 4A of the Uniform Commercial Code, as
in effect in any State.
(C) Financial institution.--The term ``financial
institution''--
(i) has the meaning given such term in
section 903 of the Electronic Fund Transfer
Act; and
(ii) includes any financial institution, as
defined in section 509(3) of the Gramm-Leach-
Bliley Act.
(D) Money transmitting business and money
transmitting service.--The terms ``money transmitting
business'' and ``money transmitting service'' have the
meanings given such terms in section 5330(d) of title
31, United States Code.
SEC. 5. COMMON SENSE RULE OF CONSTRUCTION.
No provision of this Act shall be construed as altering, limiting,
extending, changing the status of, or otherwise affecting any law
relating to, affecting, or regulating gambling within the United
States.
Passed the House of Representatives June 10, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Unlawful Internet Gambling Funding Prohibition Act - Directs Federal functional regulators, within six months of this Act's enactment, to prescribe regulations requiring any designated payment system to establish policies and procedures reasonably designed to: (1) identify restricted transactions by means of code in authorization messages or other means and to block such transactions; and (2) prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. Defines a "restricted transaction" as any transaction or transmittal to anyone engaged in the business of betting or wagering in connection with another person's participation in unlawful Internet gambling of credit, electronic fund transfers, checks, or the proceeds of any other form of financial transaction as regulators may prescribe. Requires such regulators and the Federal Trade Commission to enforce such regulations (under applicable law in the manner provided under the Gramm-Leach-Bliley Act) after considering specified factors concerning the extent of the violation, the history of compliance, and the feasibility and burden of implementing a remedy. Requires regulators to consider exempting restricted transactions if the regulators find that it is not reasonably practical to identify and block, or otherwise prevent, such transactions.Provides that no provision of this Act shall be construed as affecting any law relating to, affecting, or regulating gambling within the United States. | {"src": "billsum_train", "title": "To prevent the use of certain bank instruments for unlawful Internet gambling, and for other purposes."} | 2,508 | 300 | 0.663488 | 2.137755 | 0.889834 | 4.824 | 9.576 | 0.928 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Good People, Good
Government Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CHIEF HUMAN CAPITAL OFFICERS
Sec. 101. Chief Human Capital Officers.
Sec. 102. Chief Human Capital Officers Council.
Sec. 103. Report on human capital metrics for the Federal Government.
Sec. 104. Effective date.
TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
Sec. 201. Agency training.
Sec. 202. Agency recruiting.
Sec. 203. Increase in Government contribution for Federal employee
health insurance.
TITLE I--CHIEF HUMAN CAPITAL OFFICERS
SEC. 101. CHIEF HUMAN CAPITAL OFFICERS.
(a) In General.--Part II of title 5, United States Code, is amended
by inserting after chapter 13 the following:
``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS
``Sec.
``1401. Establishment of Chief Human Capital Officers.
``1402. Authority and functions of Chief Human Capital Officers.
``Sec. 1401. Establishment of Chief Human Capital Officers
``The head of each Executive agency shall appoint or designate a
Chief Human Capital Officer, who shall advise and assist the head of
the agency and other agency officials in carrying out the agency's
responsibilities with respect to--
``(1) selecting, developing, and managing a high-quality,
productive workforce in accordance with merit system
principles; and
``(2) implementing the rules and regulations of the
President and the Office of Personnel Management and the laws
governing the civil service within the agency.
``Sec. 1402. Authority and functions of Chief Human Capital Officers
``(a) The functions of each Chief Human Capital Officer shall
include--
``(1) setting the workforce development strategy of the
agency;
``(2) assessing workforce characteristics and future needs
based on the agency's mission;
``(3) reviewing agency training and other human resources
policies and programs to assess their effectiveness in
promoting the achievement of the agency's mission and goals;
``(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior
abilities;
``(5) identifying best practices and benchmarking studies;
and
``(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational
performance and growth.
``(b)(1) In order to carry out this chapter, each Chief Human
Capital Officer--
``(A) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
that--
``(i) are in the possession or under the control of
the agency; and
``(ii) relate to programs or operations with
respect to which that Chief Human Capital Officer has
any duties or responsibilities under this chapter;
``(B) may request such information or assistance, from any
Federal, State, or local governmental entity, as the Chief
Human Capital Officer considers necessary; and
``(C) may, to the extent and in such amounts as may be
provided in advance by appropriations Acts, enter into
contracts and other arrangements for studies, analyses, and
other services with public agencies and with private persons,
and make such payments as may be necessary.
``(2)(A) Upon request of a Chief Human Capital Officer for
information or assistance under paragraph (1)(B), the head of any
Federal entity involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the Federal entity from which the information is requested, furnish to
such Chief Human Capital Officer, or to an authorized designee, such
information or assistance.
``(B) Whenever information or assistance requested under paragraph
(1)(A) or (1)(B) is, in the judgment of a Chief Human Capital Officer,
unreasonably refused or not provided, the Chief Human Capital Officer
shall report the circumstances to the head of the establishment
involved without delay.''.
(b) Clerical Amendment.--The table of chapters for part II of title
5, United States Code, is amended by inserting after the item relating
to chapter 13 the following:
``14. Chief Human Capital Officers.......................... 1401''.
SEC. 102. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) Establishment.--There is established a Chief Human Capital
Officers Council, consisting of--
(1) the Director of the Office of Personnel Management, who
shall serve as chairperson of the Council;
(2) the Deputy Director of the Office of Management and
Budget; and
(3) the Chief Human Capital Officers of Executive
departments (as defined by section 101 of title 5, United
States Code) and any other members who are designated by the
Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council shall meet
periodically to advise and coordinate the activities of the agencies of
its members on such matters as modernization of human resources
systems, improved quality of human resources information, and
legislation affecting human resources operations and organizations.
SEC. 103. REPORT ON HUMAN CAPITAL METRICS FOR THE FEDERAL GOVERNMENT.
(a) In General.--The General Accounting Office shall conduct a
study and prepare a report on the feasibility and desirability of
developing human capital metrics for use by the Federal Government.
(b) Contents.--The report under subsection (a) shall examine the
feasibility and desirability of developing a proposed set of metrics
that--
(1) may be applied to the Federal Government human capital
process;
(2) provides for the basic quantitative analysis and
measurement for human capital that are necessary for reform
efforts;
(3) provides for standardized measurements of--
(A) the efficiency of the human capital process of
a Federal agency; and
(B) the success of a Federal agency in achieving
human capital objectives;
(4) provides for an accurate comparison among agencies to
encourage management focus on human capital issues; and
(5) may be used as the basis for regular reports prepared
by Chief Human Capital Officers.
(c) Submission of Report.--Not later than 1 year after the date of
enactment of this Act, the General Accounting Office shall submit the
report prepared under this section to--
(1) the Committee on Governmental Affairs of the Senate;
and
(2) the Committee on Government Reform of the House of
Representatives.
SEC. 104. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), this
title shall take effect 180 days after the date of enactment of this
Act.
(b) Report.--Section 103 shall take effect on the date of enactment
of this Act.
TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
SEC. 201. AGENCY TRAINING.
(a) Training To Accomplish Performance Plans and Strategic Goals.--
Section 4103 of title 5, United States Code, is amended by adding at
the end the following:
``(c) The head of each agency shall--
``(1) evaluate each program and plan established, operated,
or maintained under subsection (a) with respect to
accomplishing specific agency goals and objectives; and
``(2) modify such program or plan to accomplish such goals
and objectives.''.
(b) Agency Training Officers.--Section 4103 of title 5, United
States Code, is further amended by adding after subsection (c) (as
added by subsection (a)) the following:
``(d) The head of each agency shall appoint or designate a training
officer, who shall advise and assist the head of the agency in carrying
out the duties and responsibilities of that agency head under this
chapter.''.
(c) Records Maintenance; Specific Training Programs.--
(1) In general.--Chapter 41 of title 5, United States Code,
is amended by inserting after section 4112 the following:
``Sec. 4113. Specific training programs
``In consultation with the Office of Personnel Management, the head
of each agency shall establish--
``(1) a comprehensive program to provide training to
employees to develop managers for the agency; and
``(2) a program to provide training to managers on actions,
options, and strategies a manager may use relating to employees
with unacceptable performance.
``Sec. 4114. Records maintenance
``Each agency shall maintain detailed records of all activities
relating to training of employees of such agency.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by inserting after the item relating to section 4112 the
following:
``4113. Specific training programs.
``4114. Records maintenance.''.
(d) Academic Degree Training.--
(1) In general.--Subsection (b) of section 4107 of title 5,
United States Code, is amended to read as follows:
``(b)(1) The regulations prescribed under section 4118 shall
include provisions under which the head of an agency may provide
training, or payment or reimbursement for the costs of any training,
not otherwise allowable under subsection (a), if such training--
``(A) contributes significantly to--
``(i) meeting an identified agency training need;
``(ii) resolving an identified agency staffing
problem; or
``(iii) accomplishing goals in the agency's
strategic plan (developed under section 306);
``(B) is part of a planned, systematic, and coordinated
agency employee development program linked to accomplishing the
goals referred to in subparagraph (A)(iii); and
``(C) is administered or conducted by a college or
university, or other comparable educational institution,
recognized under standards implemented by a national or
regional accrediting body, except in a case in which such
standards do not exist or the use of such standards would not
be appropriate.
``(2) In exercising any authority under this subsection, an agency
shall, consistent with the merit system principles set forth in
paragraphs (2) and (7) of section 2301(b), take into consideration the
need to--
``(A) maintain a balanced workforce in which women, members
of racial and ethnic minority groups, and persons with
disabilities are appropriately represented in Government
service; and
``(B) provide employees effective education and training to
improve organizational and individual performance.
``(3) No authority under this subsection may be exercised on behalf
of any employee occupying or seeking to qualify for appointment to--
``(A) a position in the Senior Executive Service as a
noncareer appointee (as defined by section 3132(a)(7)); or
``(B) a position which is excepted from the competitive
service because of its confidential policy-determining, policy-
making, or policy-advocating character.''.
(2) Technical and conforming amendments.--Section 4107 of
such title 5, as amended by paragraph (1), is further amended--
(A) in subsection (a), by striking ``subsections
(b) and (c) of this section,'' and inserting
``subsection (b),''; and
(B) by striking subsection (c).
(e) Agency Training as Separate Statement in Accountability
Reports.--Section 902(a)(6) of title 31, United States Code, is
amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
``(E) expenditures on agency training; and''.
SEC. 202. AGENCY RECRUITING.
(a) In General.--Subpart B of part III of title 5, United States
Code, is amended by inserting before chapter 31 the following:
``CHAPTER 30--RECRUITMENT AUTHORITY
``Sec.
``3001. Definition.
``3002. Appointment of recruitment officers.
``3003. Records maintenance.
``Sec. 3001. Definition
``For the purpose of this chapter, the term `agency' means an
Executive agency.
``Sec. 3002. Appointment of recruitment officers
``The head of each agency shall appoint or designate a recruitment
officer, who shall advise and assist the head of the agency in carrying
out such functions as the agency head may specify relating to the
recruitment of qualified candidates for positions within that agency.
``Sec. 3003. Records maintenance
``Each agency shall maintain detailed records of all recruitment
activities of that agency.''.
(b) Agency Recruiting as Separate Statement in Accountability
Reports.--Section 902(a)(6) of title 31, United States Code (as amended
by section 201(e)), is further amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) expenditures on agency recruiting; and''.
(c) Clerical Amendments.--
(1) The analysis for part III of title 5, United States
Code, is amended by inserting before the item relating to
chapter 31 the following:
``30. Recruitment Authority................................. 3001''.
(2)(A) The heading for subpart B of part III of title 5,
United States Code, is amended to read as follows:
``Subpart B--Recruitment, Employment, and Retention''.
(B) The analysis for part III of title 5, United States
Code, is amended by striking the item relating to subpart B and
inserting the following:
``Subpart B--Recruitment, Employment, and Retention''.
SEC. 203. INCREASE IN GOVERNMENT CONTRIBUTION FOR FEDERAL EMPLOYEE
HEALTH INSURANCE.
(a) Increase in the Maximum Contribution Payable by the Government
(Expressed as a Percentage of Governmentwide Weighted Averages).--
Section 8906(b)(1) of title 5, United States Code, is amended by
striking ``72'' and inserting ``76''.
(b) Increase in the Maximum Percentage of an Enrollee's Actual
Subscription Charges Payable by the Government.--Section 8906(b)(2) of
title 5, United States Code, is amended by striking ``75'' and
inserting ``79''.
(c) Effective Date.--This section shall take effect on the first
day of the first contract year beginning after the date of the
enactment of this Act. | Good People, Good Government Act - Requires each executive agency to appoint or designate a Chief Human Capital Officer who shall assist in carrying out responsibilities with respect to: (1) selecting, developing, and managing a high-quality, productive workforce in accordance with merit system principles; and (2) implementing the rules and regulations and the laws governing the civil service within the agency.Requires the functions of such Officers to include: (1) setting the workforce development strategy of the agency; (2) assessing current workforce characteristics and future needs based on the agency's mission; (3) reviewing agency training and other human resources policies and programs to assess their effectiveness in promoting the achievement of the agency's mission and goals; (4) developing and advocating a culture of continuous learning to attract and retain employees with superior abilities; (5) identifying best practices and benchmarking studies; and (6) applying methods for measuring intellectual capital and identifying links of that capital to organizational performance and growth.Establishes a Chief Human Capital Officers Council.Requires a study on the feasibility and desirability of developing human capital metrics for use by the Federal Government.Revises agency training programs to require: (1) their evaluation and modification; (2) the appointment or designation of a training officer; (3) establishment of a comprehensive program to provide training to employees to develop managers for the agency; and (4) manager training on unacceptable performance issues.Revises academic degree training criteria.Requires agencies to appoint or designate a recruitment officer.Increases the biweekly contribution payable by the Government for a Federal employee or annuitant enrolled in a Federal employee health insurance plan. | {"src": "billsum_train", "title": "To provide for reform relating to Federal employee career development and benefits, and for other purposes."} | 3,364 | 366 | 0.723053 | 2.203792 | 0.841468 | 5.858491 | 9.603774 | 0.946541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Medical Services Support
Act''.
SEC. 2. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES.
(a) Establishment.--The Secretary of Transportation and the
Secretary of Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response of the Department of Homeland
Security and in consultation with the Secretary of Health and Human
Services, shall establish a Federal Interagency Committee on Emergency
Medical Services (in this Act referred to as the ``Interagency
Committee on EMS'') to improve coordination and enhance support of
emergency medical services.
(b) Membership.--The Interagency Committee on EMS shall consist of
the following officials (or their designees):
(1) The Administrator of the National Highway Traffic
Safety Administration.
(2) The Director of the Office for Domestic Preparedness of
the Department of Homeland Security.
(3) The Administrator of the Health Resources and Services
Administration of the Department of Health and Human Services.
(4) The Director of the Centers for Disease Control and
Prevention of the Department of Health and Human Services.
(5) The Administrator of the United States Fire
Administration of the Department of Homeland Security.
(6) The Administrator of the Centers for Medicare Medicaid
Services of the Department of Health and Human Services.
(7) The Under Secretary of Defense for Personnel and
Readiness.
(8) The Assistant Secretary for Public Health Emergency
Preparedness of the Department of Health and Human Services.
(9) The Director of the Indian Health Service of the
Department of Health and Human Services.
(10) The Bureau Chief of the Wireless Telecommunications
Bureau of the Federal Communications Commission.
(11) A representative of any other Federal agency
identified by the Secretary of Transportation or the Secretary
of Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response of the Department of
Homeland Security and in consultation with the Secretary of
Health and Human Services, as having a significant role in
relation to the purposes of the Interagency Committee on EMS.
(c) Leadership.--The members of the Interagency Committee on EMS
shall annually select an individual from among the members of the
Committee to serve as chairperson of the Committee.
(d) Activities.--The Interagency Committee on EMS shall carry out
the following activities:
(1) Ensuring coordination among the Federal agencies
represented on the Committee with State, local, tribal, and
regional emergency medical services and 9-1-1 systems.
(2) Identifying State, local, tribal, and regional
emergency medical services and 9-1-1 needs.
(3) Ensuring that emergency medical services are
appropriately integrated with homeland security and other
emergency response programs.
(4) Recommending new or expanded programs, including grant
programs, for--
(A) improving State, local, tribal, and regional
emergency medical services; and
(B) implementing improved interoperable voice and
data emergency medical services and communications
technologies, including wireless 9-1-1.
(5) Identifying ways to streamline the process through
which Federal agencies support State, local, tribal, and
regional emergency medical services.
(6) Assisting State, local, tribal, and regional emergency
medical services in setting priorities based on identified
needs.
(7) Advising, consulting, and making recommendations on
matters relating to the implementation of the coordinated State
emergency medical services programs.
(e) Meetings.--The Interagency Committee on EMS shall meet as
frequently as is determined necessary by the chairperson of the
Committee, but no less frequently than quarterly.
(f) Administration.--The Administrator of the National Highway
Traffic Safety Administration, in cooperation with the Director of the
Office for Domestic Preparedness of the Department of Homeland
Security, shall provide administrative support to the Interagency
Committee on EMS, including scheduling meetings, setting agendas,
keeping minutes and records, and producing reports.
(g) Annual Reports.--The Interagency Committee on EMS shall prepare
and submit an annual report to Congress on the Committee's activities,
actions, and recommendations, and shall include in such report a
description of respective Federal agency responsibility, support, and
coordination of emergency medical services systems.
SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL.
(a) Establishment.--There is established a Federal Interagency
Committee on Emergency Medical Services Advisory Council (in this Act
referred to as the ``Advisory Council'') that shall consist of not more
than 13 individuals with an interest or expertise in emergency medical
services selected by the Interagency Committee on EMS.
(b) Membership.--In selecting members of the Advisory Council, the
Interagency Committee on EMS shall ensure that the Advisory Council
represents--
(1) both urban and rural areas; and
(2) all sectors of the emergency medical services
community.
(c) Leadership.--Members of the Advisory Council shall annually
select an individual from among the members of the Council to serve as
chairperson of the Advisory Council.
(d) Activities.--The Advisory Council shall make recommendations to
the Interagency Committee on EMS on topics including the following:
(1) Improved coordination and support of emergency medical
services systems among Federal programs.
(2) Development of a national emergency medical services
plan.
(3) Standards, guidelines, benchmarks, and data collection
on emergency medical services.
(4) Guidelines for conducting needs assessments for
improving community-based emergency medical services systems at
State and local levels.
(5) Creation of new, or the expansion of existing, grants
or other programs for improving community-based emergency
medical services.
(6) Consolidation or realignment of Federal agency or
program responsibility for emergency medical services.
(7) Strengthening emergency medical services systems
through enhanced workforce development, education, training,
exercises, equipment, medical oversight, and other areas.
(8) Issues or topics to be addressed in the annual report
of the Interagency Committee on EMS.
(e) Annual Report.--Before the Interagency Committee on EMS submits
to Congress the annual report required under section 2(g), the Advisory
Council shall review the report and include independent information or
recommendations for inclusion in the report, as deemed appropriate by
the Advisory Council.
(f) Meetings.--The Advisory Council--
(1) shall meet at the same time and place as the
Interagency Committee on EMS, when such Committee meets; and
(2) may conduct independent meetings to receive public
comment and collect data and information.
(g) Compensation and Reimbursement.--
(1) Compensation.--The members of the Advisory Council
shall receive no pay by reason of their service as a member of
the Advisory Council.
(2) Travel expenses.--The members of the Advisory Council
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Advisory Council.
(h) Administration.--The Administrator of the National Highway
Traffic Safety Administration, in cooperation with the Director of the
Office for Domestic Preparedness of the Department of Homeland
Security, shall provide administration support to the Advisory Council. | Emergency Medical Services Support Act - Requires the Secretary of Transportation and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services to improve coordination and enhance support of emergency medical services (EMS).
Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council to make recommendations on EMS topics to the Committee.
Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to provide administrative support to both the Committee and the Council. | {"src": "billsum_train", "title": "To establish a Federal Interagency Committee on Emergency Medical Services, and for other purposes."} | 1,548 | 120 | 0.610445 | 1.518194 | 0.626993 | 4.524752 | 14.584158 | 0.960396 |
TITLE I--POTASH ROYALTY REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Potash Royalty Reduction Act of
2005''.
SEC. 102. POTASSIUM AND POTASSIUM COMPOUNDS FROM SYLVITE.
(a) Royalty Rate.--Notwithstanding section 102(a)(9) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(9)), section
2 of the Act of February 7, 1927 (30 U.S.C. 282) and the term of any
lease issued under such section 2, the royalty rate on the quantity or
gross value of the output from Federal lands of potassium and potassium
compounds from the mineral sylvite at the point of shipment to market
in the 5-year period beginning on the date of the enactment of this Act
shall be 1.0 percent.
(b) Reclamation Fund.--Fifty percentum of any royalties paid
pursuant to this title during the 5-year period referred to in
subsection (a), together with any interest earned from the date of
payment, shall be paid by the Secretary of the Treasury to the payor of
the royalties to be used solely for land reclamation purposes in
accordance with a schedule to implement a reclamation plan for the
lands for which the royalties are paid. No payment shall be made by the
Secretary of the Treasury pursuant to this subsection until the
Secretary of the Interior receives from the payor of the royalties, and
approves, the reclamation plan and schedule, and submits the approved
schedule to the Secretary of the Treasury. The share of royalties held
by the Secretary of the Treasury pursuant to this subsection, and
interest earned thereon, shall be available until paid pursuant to this
subsection, without further appropriation; shall not be considered as
money received under section 35 of the Mineral Leasing Act (30 U.S.C.
191) for the purpose of revenue allocation; and shall not be reduced by
any administrative or other costs incurred by the United States.
(c) Study and Report.--After the end of the 4-year period beginning
on the date of the enactment of this Act, and before the end of the 5-
year period beginning on that date, the Secretary of the Interior shall
report to the Congress on the effects of the royalty reduction under
this title, including a recommendation on whether the reduced royalty
rate for potassium from sylvite should apply after the end of the 5-
year period.
TITLE II--SODA ASH ROYALTY REDUCTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Soda Ash Royalty Reduction Act of
2005''.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) The combination of global competitive pressures, flat
domestic demand, and spiraling costs of production threaten the
future of the United States soda ash industry.
(2) Despite booming world demand, growth in United States
exports of soda ash since 1997 has been flat, with most of the
world's largest markets for such growth, including Brazil, the
People's Republic of China, India, the countries of eastern
Europe, and the Republic of South Africa, have been closed by
protectionist policies.
(3) The People's Republic of China is the prime competitor
of the United States in soda ash production, and recently
supplanted the United States as the largest producer of soda
ash in the world.
(4) Over 700 jobs have been lost in the United States soda
ash industry since the Department of the Interior increased the
royalty rate on soda ash produced on Federal land, in 1996.
(5) Reduction of the royalty rate on soda ash produced on
Federal land will provide needed relief to the United States
soda ash industry and allow it to increase export growth and
competitiveness in emerging world markets, and create new jobs
in the United States.
SEC. 203. REDUCTION IN ROYALTY RATE ON SODA ASH.
Notwithstanding section 102(a)(9) of the Federal Land Policy
Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the
Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease under
that Act, the royalty rate on the quantity or gross value of the output
of sodium compounds and related products at the point of shipment to
market from Federal land in the 5-year period beginning on the date of
the enactment of this Act shall be 2 percent.
SEC. 204. STUDY.
After the end of the 4-year period beginning on the date of the
enactment of this Act, and before the end of the 5-year period
beginning on that date, the Secretary of the Interior shall report to
the Congress on the effects of the royalty reduction under this title,
including--
(1) the amount of sodium compounds and related products at
the point of shipment to market from Federal land during that
4-year period;
(2) the number of jobs that have been created or maintained
during the royalty reduction period;
(3) the total amount of royalty paid to the United States
on the quantity or gross value of the output of sodium
compounds and related products at the point of shipment to
market produced during that 4-year period, and the portion of
such royalty paid to States; and
(4) a recommendation of whether the reduced royalty rate
should apply after the end of the 5-year period beginning on
the date of the enactment of this Act.
Passed the House of Representatives May 16, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Title I: Potash Royalty Reduction - Potash Royalty Reduction Act of 2005 - (Sec. 102) Sets at 1.0 percent the royalty rate on the quantity or gross value of the output from Federal lands of potassium and potassium compounds from the mineral sylvite at the point of shipment to market in the five-year period beginning on the date of the enactment of this Act.
Prescribes implementation guidelines under which fifty percent of such royalties, together with interest earned from the date of payment, shall be paid by the Secretary of the Treasury to the payor of the royalties to be used solely for land reclamation purposes.
Instructs the Secretary of the Interior to report to Congress on the effects of the royalty reduction, including a recommendation on whether the reduced royalty rate for potassium from sylvite should apply after the end of the five-year period.
Title II: Soda Ash Royalty Reduction - Soda Ash Royalty Reduction Act of 2005 - (Sec. 202) Sets at 2.0 percent the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land in the five-year period beginning on the date of the enactment of this Act.
Instructs the Secretary of the Interior to report to Congress on the effects of the royalty reduction, including: (1) the amount of sodium compounds and related products at the point of shipment to market from Federal land at the end of the four-year period beginning on the date of the enactment of this Act; (2) the number of jobs created or maintained during the royalty reduction period; (3) the total amount of royalty paid to the United States on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market produced during that four year period, and the portion of such royalty paid to States; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the five-year period beginning on the date of the enactment of this Act. | {"src": "billsum_train", "title": "To provide that the royalty rate on the output from Federal lands of potassium and potassium compounds from the mineral sylvite in the 5-year period beginning on the date of the enactment of this Act shall be reduced to 1.0 percent, and for other purposes."} | 1,232 | 451 | 0.764776 | 2.544176 | 0.87859 | 8.325758 | 2.820707 | 0.962121 |
SECTION 1. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.
(a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
(b) Sunset Not to Apply.--
(1) Subsection (a) of section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``this Act'' and all that follows and inserting ``this
Act (other than title V) shall not apply to taxable, plan, or
limitation years beginning after December 31, 2010.''.
(2) Subsection (b) of such section 901 is amended by
striking ``, estates, gifts, and transfers''.
(c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.
SEC. 2. ESTATE AND GIFT TAX RATES REDUCED TO 15 PERCENT OR, IF LOWER,
THE GENERALLY APPLICABLE CAPITAL GAINS RATE FOR
INDIVIDUALS.
(a) Estate Tax.--
(1) In general.--Section 2001 of the Internal Revenue Code
of 1986 (relating to estate tax) is amended by striking
subsections (b) and (c) and by inserting after subsection (a)
the following new subsection:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) 15 percent of the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.
For purposes of subparagraph (A)(ii), the term `adjusted taxable gifts'
means the total amount of the taxable gifts (within the meaning of
section 2503) made by the decedent after December 31, 1976, other than
gifts which are includible in the gross estate of the decedent.''.
(2) Conforming amendments.--
(A) Subsection (c) of section 2010 of such Code is
amended by striking ``the applicable credit amount''
and all that follows through ``the applicable exclusion
amount'' and inserting ``the applicable credit amount
shall be the applicable percentage (as defined in
section 2001(b)(2)) of the applicable exclusion
amount''.
(B) Subsection (b) of section 2101 of such Code is
amended to read as follows:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) 15 percent of the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.''.
(C) Subsection (c) of section 2102 of such Code, as
in effect prior to its redesignation by section
532(c)(7)(B) of the Economic Growth and Tax Relief
Reconciliation Act of 2001, is amended--
(i) by striking ``$13,000'' each place it
appears and inserting ``$12,000'', and
(ii) by striking ``$46,800'' and inserting
``$35,000''.
(D) Subsection (a) of section 2201 of such Code is
amended by striking ``rate schedule set forth in
section 2001(c)'' and inserting ``applicable percentage
(as defined in section 2001(b)(2)''.
(b) Gift Tax.--
(1) In general.--Section 2502 of such Code is amended to
read as follows:
``SEC. 2502. RATE OF TAX.
``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to 15 percent of the sum of the
taxable gifts for such calendar year.
``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''.
(2) Conforming amendments.--
(A) Subchapter A of chapter 12 of such Code is
amended by striking section 2504.
(B) The table of sections for such subchapter is
amended by striking the item relating to section 2504.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2006.
SEC. 3. $5,000,000 EXEMPTION FROM ESTATE AND GIFT TAXES.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount), as amended
by section 2, is amended by striking ``the applicable exclusion
amount'' and all that follows and inserting ``$5,000,000.''.
(b) Gift Tax.--Paragraph (1) of section 2505(a) of such Code
(relating to general rule) is amended by striking ``(determined as if
the applicable exclusion amount were $1,000,000)''.
(c) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after December 31, 2006. | Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which eliminated the estate and generation skipping transfer tax and carryover basis rules for estates.
Reduces the estate tax rate to the lower of 15% or the capital gains income tax rate generally applicable to individual taxpayers. Reduces the gift tax rate to 15%.
Establishes a single estate and gift tax unified credit amount of $5 million. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to restore the estate tax and repeal the carryover basis rule, to increase the estate and gift tax unified credit to an exclusion equivalent of $5,000,000, and to reduce the rate of the estate and gifts taxes to the generally applicable capital gains income tax rate."} | 1,329 | 88 | 0.492093 | 1.189307 | 0.431262 | 2.582278 | 14.708861 | 0.759494 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarifications to the Fair Debt
Collection Practices Act''.
SEC. 2. ELIMINATING REQUIREMENT FOR THE ``VALIDATION NOTICE'' IN FORMAL
PLEADINGS.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692g) is amended by adding at the end the following new subsection:
``(d) Formal Pleadings Excluded.--Communications which are formal
pleadings in a civil action shall not be considered communications for
purposes of this title.''
SEC. 3. CODIFICATION OF THE CONSUMER VALIDATION NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692g) is amended--
(1) in the portion of subsection (a) that precedes
paragraph (1), by inserting ``a written notice described in
subsection (e) or'' before ``a written notice''; and
(2) by inserting after subsection (d) (as added by section
2 of this Act) the following new subsection:
``(e) Alternative Version of Notice.--A notice is described in this
subsection for purposes of subsection (a) if the notice contains--
``(1) the amount of the debt;
``(2) the name of the creditor to whom the debt is owed;
and
``(3) a statement containing the following: `Unless you
notify this office within 30 days after receiving this notice
that you dispute the validity of this debt or any portion
thereof, this office will assume this debt is valid. If you
notify this office in writing within 30 days from receiving
this notice that you dispute the validity of this debt or any
portion thereof, this office will obtain verification of the
debt or obtain a copy of a judgment and provide you with a copy
of such judgment or verification. If you request of this office
in writing within 30 days after receiving this notice this
office will provide you with the name and address of the
original creditor, if different from the current creditor.'''.
SEC. 4. CLARIFYING RIGHT TO COLLECT WITHIN THE FIRST 30 DAYS.
Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C.
1692g(b)) is amended by striking ``If the consumer'' and inserting
``Collection activities and communications may continue during the
thirty-day period. However, if the consumer''.
SEC. 5. CLARIFYING THE REFERENCE TO ``ATTORNEY'' AND ``REASONABLE
TIME''.
The Fair Debt Collection Practices Act is amended--
(1) in section 804(6) (15 U.S.C. 1692b(6))--
(A) by striking ``an attorney'' and inserting ``an
attorney at law''; and
(B) by striking ``a reasonable period of time'' and
inserting ``30 days''; and
(2) in section 805(a)(2) (15 U.S.C. 1692c(a)(2))--
(A) by striking ``an attorney'' and inserting ``an
attorney at law''; and
(B) by striking ``a reasonable period of time'' and
inserting ``30 days''.
SEC. 6. CEASING COMMUNICATIONS.
Subsection (c) of section 805 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692c(c)) is amended to read as follows:
``(c) Ceasing Communication.--
``(1) In general.--If a consumer notifies a debt collector
in writing that the consumer refuses to pay a debt or that the
consumer wishes the debt collector to cease further
communication with the consumer, the debt collector shall not
communicate further with the consumer with respect to such
debt, except for one additional communication which may be made
by the debt collector for any of the following purposes
(however many may apply):
``(A) To advise the consumer that the debt
collector's further efforts are being terminated.
``(B) To notify the consumer that the debt
collector or creditor may invoke specified remedies
which are ordinarily invoked by such debt collector or
creditor.
``(C) Where applicable, to notify the consumer that
the debt collector or creditor intends to invoke a
specified remedy.
``(2) Effective date of notice.--If a notice referred to in
paragraph (1) from a consumer is made by mail, notification
shall be complete upon receipt.''.
SEC. 7. THE ``BRADY AMENDMENT''.
Section 807(8) of the Fair Debt Collection Practices Act (15 U.S.C.
Section 1692e(8)) is amended by striking ``disputed debt'' and
inserting ``debt which has been disputed by the consumer in writing''.
SEC. 8. VALIDATION OF DEBTS.
Section 809(a)(3) of the Fair Debt Collection Practices Act (15
U.S.C. 1692g(a)(3)) is amended by inserting ``in writing,'' after ``any
portion thereof,''. | Clarifications to the Fair Debt Collection Practices Act - Amends the Fair Debt Collection Practices Act to state that formal pleadings in a civil action shall not be considered the kind of communication (initial or otherwise) required for a validation of debt notice.
Prescribes an alternative version of the initial communication debt collectors are required to give consumers, incorporating the three statements currently specified.
States that collection activities and communications may continue during the 30 days following a debt collector's initial notice to the debtor.
States that, if the consumer's attorney at law fails to respond to a communication from a debt collector within 30 days (currently, a reasonable period of time) after receiving a communication from the collector, such collector may communicate directly with the consumer.
Limits to one the number of additional communications a debt collector may make to a consumer after the consumer has notified the collector in writing that the consumer refuses to pay the debt or wishes the collector to cease further communication. Limits the content of any such additional communication to one of the three purposes already specified by the Act.
Revises notice of debt guidelines to require one of the debt collector's mandatory statements to specify that a consumer's dispute of the validity of a debt be submitted in writing in order to preclude an assumption by the collector that the debt is valid. | {"src": "billsum_train", "title": "To amend the Fair Debt Collection Practices Act to make certain technical corrections, and for other purposes."} | 1,171 | 294 | 0.576306 | 1.834439 | 0.766399 | 2.309804 | 3.905882 | 0.835294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missouri River Enhancement and
Monitoring Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the River Studies
Center of the Biological Resources Division of the United
States Geological Survey, located in Columbia, Missouri.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) River.--The term ``River'' means the Missouri River.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Biological Resources
Division of the United States Geological Survey.
(5) State.--The term ``State'' means--
(A) the State of Iowa;
(B) the State of Kansas;
(C) the State of Missouri;
(D) the State of Montana;
(E) the State of Nebraska;
(F) the State of North Dakota;
(G) the State of South Dakota; and
(H) the State of Wyoming.
SEC. 3. LONG-TERM MONITORING PROGRAM.
(a) Establishment.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior, in consultation
with the Director of the United States Geological Survey, shall
establish a program at the Center--
(1) to determine and monitor the biological and chemical
characteristics of the River;
(2) to determine and monitor the interrelationship of those
characteristics with the hydrology and geomorphology of the
river; and
(3) to monitor and assess the biota, including threatened
or endangered species, habitats, and water quality of the
River.
(b) Development.--To develop the program, the Secretary of the
Interior and the Director of the United States Geological Survey shall
consult with--
(1) the Governors of affected States, acting through--
(A) the Missouri River Natural Resources Committee;
and
(B) the Missouri River Basin Association; and
(2) the Secretary of Agriculture;
(3) the Secretary of the Army;
(4) the Western Area Power Administration;
(5) the Fish and Wildlife Service;
(6) the Administrator of the Environmental Protection
Agency; and
(7) the Missouri River Basin Indian Tribes.
(c) Activities.--The program described in subsection (a) shall
provide scientific information to--
(1) guide the operation and management of the River;
(2) measure and model the impact of management alternatives
through--
(A) monitoring of biota, including threatened or
endangered species, habitats, and water quality;
(B) focused investigations of cause and effect
relationships; and
(C) identification and evaluation of methods to
conserve fish and wildlife, including threatened and
endangered species; and
(3) make recommendations on means to restore or enhance the
ecosystem of the River.
(d) Baseline.--The program described in subsection (a) shall
establish a baseline of conditions against which future activities can
be measured.
(e) Database.--The Secretary of the Interior shall--
(1) establish a database on River biota, including
threatened or endangered species, habitats, and water quality;
and
(2) make the database readily available to the entities
listed in subsection (b) and the public.
(f) Report.--Not later than 3 years after the date of establishment
of the program described in subsection (a), and not less frequently
than every 3 years thereafter, the Secretary of the Interior, acting
through the Director of the United States Geological Survey, shall--
(1) review the program;
(2) as necessary, establish and revise the objectives of
the program; and
(3) submit to Congress a report on the environmental health
of the River.
(g) Indian Tribes.--Notwithstanding any other provision of law, the
Secretary of the Interior may enter into contracts, pursuant to the
Indian Self Determination Act (title I of the Indian Self Determination
and Education Assistance Act; 25 U.S.C. chapter 14, subchapter II, part
A (25 U.S.C. 450f et seq.)) with Tribes whose Reservations are located
along the River and have an interest in environmental restoration. The
tasks to be contracted shall assist in the implementation of the
research and monitoring program elements set forth in this section and
shall complement the activities undertaken by the Secretary of the
Interior and the affected State Governments.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of the Interior to carry out this section--
(A) $6,500,000 for fiscal year 2005;
(B) $8,500,000 for fiscal year 2006; and
(C) $15,100,000 for each of fiscal years 2007
through 2020.
(2) Allocation of funds.--Funding of the program shall be
implemented in the following manner:
(A) Not more than the following percentage of the
funds available shall be directed to the Center:
(i) 25 percent in fiscal year 2005.
(ii) 40 percent in fiscal year 2006.
(iii) 65 percent in fiscal years after
2007.
At least 50 percent of such funds shall be directed to
the Center in fiscal years after 2007.
(B) The remaining funds shall be made available by
the Secretary, in consultation with the Director of the
Center, to State hydrology, environmental quality,
natural resource, and fish and wildlife agencies in the
River basin in order to collect field data, provide
field operational support for monitoring, and conduct
monitoring activities that are designed to enhance and
supplement existing scientific knowledge of the River
system.
(3) Threatened and endangered species.--Of the amounts made
available under paragraph (1) for each fiscal year, $1,500,000
shall be made available to the Secretary of the Interior and
the State agencies with jurisdiction for River fish and
wildlife to monitor and conduct focused investigations of
endangered fish, including the response of the pallid sturgeon
to main stem reservoir operations.
(4) Funding of focused investigations.--The focused
investigations component of the program established under
paragraph (3) shall be funded using a competitive process. Each
year, the directors of the State fish and game agencies with
jurisdiction for River fish and wildlife, in consultation with
the Secretary of the Interior, and the entities listed under
subsection (b)(1), shall prioritize information needs and issue
a request for proposals to State, Federal, for-profit, and not-
for-profit organizations with River interest and expertise. The
directors and the Secretary shall review and select those
proposals to be funded. | Missouri River Enhancement and Monitoring Act of 2004 - Directs the Secretary of the Interior, acting through the Biological Resources Division of the U.S. Geological Survey, to establish a program at the River Studies Center of the Biological Resources Division to: (1) determine and monitor the biological and chemical characteristics of the Missouri River; (2) determine and monitor the interrelationship of those characteristics with the hydrology and geomorphology of the River; and (3) monitor and assess the biota, including threatened or endangered species, habitats, and water quality of the River.
Directs the Secretary of the Interior (the Secretary) to: (1) establish a database on River biota; and (2) make such database readily available to specified entities, including the Governors of affected States, the Secretaries of Agriculture and the Army, the Fish and Wildlife Service, the Administrator of the Environmental Protection Agency, the Missouri River Basin Indian tribes, and the public. Requires the Secretary, acting through the Director of the Geological Survey, to: (1) review the program; (2) establish and revise the program's objectives, as necessary; and (3) report to Congress on the environmental health of the River. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to monitor the health of the Missouri River and measure biological, chemical, and physical responses to changes in river management and other significant variables."} | 1,421 | 250 | 0.754216 | 1.951829 | 1.067508 | 4.5 | 5.969828 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FACT Act Rulewriting Improvement Act
of 2007''.
SEC. 2. RAPID IMPLEMENTATION OF REQUIREMENTS ESTABLISHED UNDER THE FAIR
AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003.
(a) Accuracy Guidelines for Furnishers of Information.--Section
623(e) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(e)) is
amended--
(1) in paragraph (1), by striking ``Federal banking
agencies, the National Credit Union Administration, and the
Commission shall, with respect to the entities that are subject
to their respective enforcement authority under section 621,
and in coordination as described in paragraph (2)'' and
inserting ``the Commission, in consultation with the Federal
banking agencies and the National Credit Union Administration,
shall'';
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Guidelines and regulations.--
``(A) In general.--The Federal banking agencies and
the National Credit Union Administration shall
establish and maintain guidelines and prescribe
regulations, with respect to entities subject to their
respective enforcement authority under section 621,
that are the same or substantially similar to the
guidelines established and maintained by the Commission
under paragraph (1)(A) and the regulations prescribed
by the Commission under paragraph (1)(B).
``(B) Report on discrepancies.--If there is any
discrepancy between any guideline established by, or
regulation prescribed by, the Commission under
paragraph (1) and any guideline established by, or
regulation prescribed by, any Federal banking agency or
the National Credit Union Administration, as the case
may be, under subparagraph (A), the agency or
Administration shall submit a report to the Committee
on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban
Affairs of the Senate containing an explanation for the
discrepancy before the end of the 90-day period
beginning on the date the guideline was established or
the regulation was prescribed in final form by such
agency or Administration.''; and
(3) in paragraph (3), by striking ``in paragraph (1)'' and
inserting ``in paragraphs (1) and (2)''.
(b) Ability of Consumer To Dispute Information Directly With
Furnisher.--Section 623(a)(8) of the Fair Credit Reporting Act (15
U.S.C. 1681s-2(a)(8)) is amended--
(1) in subparagraph (A), by striking ``Federal banking
agencies, the National Credit Union Administration, and the
Commission shall jointly prescribe'' and inserting
``Commission, in consultation with the Federal banking agencies
and the National Credit Union Administration, shall
prescribe'';
(2) by adding at the end the following new subparagraph:
``(H) Regulations.--
``(i) In general.--The Federal banking
agencies and the National Credit Union
Administration shall prescribe regulations,
with respect to entities subject to their
respective enforcement authority under section
621, that are the same or substantially similar
to the regulations prescribed by the Commission
under subparagraph (A).
``(ii) Report on discrepancies.--If there
is any discrepancy between any regulation
prescribed by the Commission under subparagraph
(A) and any regulation prescribed by any
Federal banking agency or the National Credit
Union Administration under clause (i), the
agency or Administration shall submit a report
to the Committee on Financial Services of the
House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate containing an explanation for the
discrepancy before the end of the 90-day period
beginning on the date the regulation was
prescribed in final form by such agency or
Administration.''; and
(3) in subparagraphs (B) and (C), by inserting ``or (H)''
after ``under subparagraph (A)'', each place such term appears.
(c) Prompt Implementation.--
(1) Commission.--The guidelines required under section
623(e)(1)(A) of the Fair Credit Reporting Act and the
regulations required under subsections (a)(8)(A) and (e)(1)(B)
of section 623 of such Act (as amended by this section) shall
be established or prescribed in final form before the end of
the 90-day period beginning on the date of the enactment of
this Act.
(2) Banking agencies and ncua.--The guidelines required
under section 623(e)(2) of the Fair Credit Reporting Act and
the regulations required under subsections (a)(8)(H) and (e)(2)
of section 623 of such Act (as amended by this section) shall
be established or prescribed in final form before the end of
the 30-day period beginning on the date of final action by the
Federal Trade Commission in accordance with paragraph (1). | FACT Act Rulewriting Improvement Act of 2007 - Amends the Fair Credit Reporting Act to confer responsibility upon the Federal Trade Commission (FTC) alone to establish accuracy guidelines and prescribe regulations (according to the Fair and Accurate Credit Transactions Act of 2003, or the FACT Act of 2003): (1) for furnishers of information to consumer reporting agencies; and (2) about the circumstances under which such a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information in a consumer report, based on a consumer's direct request. (Currently the FTC, the federal banking agencies, and the National Credit Union Administration are jointly required to establish such guidelines and prescribe such regulations.)
Directs the federal banking agencies and the National Credit Union Administration to establish guidelines and prescribe regulations within their respective jurisdictions that are the same or substantially similar to those prescribed by the FTC. | {"src": "billsum_train", "title": "To require rapid implementation of guidelines and regulations regarding the accuracy of consumer information furnished to consumer reporting agencies that were required to be established by the Fair and Accurate Credit Transactions Act of 2003 and have not been implemented, to provide that the Federal Trade Commission shall take the lead in implementation of the guidelines and regulations, and for other purposes."} | 1,074 | 192 | 0.596149 | 1.686901 | 0.758511 | 2.42515 | 5.838323 | 0.844311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rate Payer Recovery Act of 2007''.
SEC. 2. DISASTER ASSISTANCE FOR POWER TRANSMISSION AND DISTRIBUTION
FACILITIES.
(a) Private or Investor-Owned Power Facility Defined.--Section 102
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122) is amended by adding at the end the following:
``(11) Private or investor-owned power facility.--The term
`private or investor-owned power facility'--
``(A) means a privately-owned or investor-owned
transmission or distribution facility that provides
electric or natural gas service to retail customers
under State or local jurisdiction; and
``(B) includes leased facilities.''.
(b) Conditions for Contributions.--Section 406(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) subject to paragraph (4), to a person that
owns a private or investor-owned power facility damaged
or destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of the
facility and for associated expenses incurred by the
person.'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Conditions for assistance to private or investor-
owned power facilities.--
``(A) Definition.--In this paragraph, the term
`previous major disaster' means a major disaster--
``(i) occurring before the disaster for
which Federal assistance is sought under this
subsection; and
``(ii) the declaration of which was not
more than 10 years before the date of the
declaration of the major disaster for which
Federal assistance is sought under this
subsection.
``(B) Conditioned on previous event.--The President
may make contributions to the owner of a private or
investor-owned power facility under paragraph (1)(C),
only if--
``(i) the cost of repairing, restoring, or
replacing the private or investor-owned power
facilities damaged or destroyed by the previous
major disaster exceeded $2,500 for each retail
customer receiving electrical or natural gas
service from the owner on the day before the
date of the previous disaster;
``(ii) the total costs of repair,
restoration, or replacement of all private or
investor-owned power facilities owned by such
person and associated expenses as a result of
the previous major disaster exceeded
$500,000,000; and
``(iii) 25 percent or more of the
population, as determined by the Bureau of the
Census, of each geographic area of each local
government in which the private or investor-
owned power facility is located, had taxable
income in the year preceding the previous major
disaster below the Federal poverty level on the
date of the previous major disaster.
``(C) Application for funds.--A person that owns a
private or investor-owned power facility that meets the
requirements under subparagraph (B) may apply for
Federal assistance not later than the earlier of--
``(i) 30 days after declaration of a major
disaster; or
``(ii) the date upon which the owner of the
private or investor-owned power facility has
contributed $10,000,000 towards the total costs
of repair, restoration, or replacement of the
private or investor-owned power facility
damaged or destroyed as a result of the major
disaster for which it requests Federal
assistance.
``(D) Limit on federal assistance for disaster
relief.--Federal assistance under this section to the
owner of a private or investor-owned power facility
shall only apply to eligible costs and expenses
directly incurred by the owner exceeding $10,000,000.
``(E) Aggregation for purposes of determining
costs.--For purposes of determining the costs of a
previous major disaster under this paragraph, the costs
of all previous major disasters during any 12-month
period shall be aggregated.
``(F) Approval or disapproval of applications.--The
President shall approve or disapprove an application
for assistance submitted by a person under this
paragraph not later than 30 days after the date of
receipt of the application.''.
(c) Federal Share.--Section 406(b)(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is
amended by striking ``public facility or private nonprofit facility''
and inserting ``public facility, private nonprofit facility, or private
or investor-owned power facility''.
(d) Large In-Lieu Contributions.--Section 406(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(c)) is amended by adding at the end the following:
``(3) For private or investor-owned power facilities.--
``(A) In general.--In any case in which a person
that owns a private or investor-owned power facility
determines that the public welfare would not best be
served by repairing, restoring, reconstructing, or
replacing the facility, the person may elect to
receive, in lieu of a contribution under subsection
(a)(1)(C), a contribution in an amount equal to 75
percent of the Federal share of the Federal estimate of
the cost of repairing, restoring, reconstructing, or
replacing the facility and of management expenses,
under the conditions described in subsection (a)(4).
``(B) Use of funds.--Funds contributed to a person
under this paragraph may be used to--
``(i) repair, restore, or expand other
private or investor-owned power facilities
owned by the person;
``(ii) construct a new private or investor-
owned power facility owned by the person; or
``(iii) fund hazard mitigation measures
that the person determines to be necessary to
meet a need for the services and functions of
the person in the area affected by the major
disaster.''.
(e) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A))
is amended by striking ``public facility or private nonprofit
facility'' and inserting ``public facility, private nonprofit facility,
or private or investor-owned power facility''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall promulgate regulations
necessary to implement this Act and the amendments made by this Act.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), this Act
and the amendments made by this Act shall take effect 60 days after the
date of enactment of this Act.
(b) Regulations.--Section 3 shall take effect on the date of
enactment of this Act. | Rate Payer Recovery Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to cite conditions under which the President is authorized to make disaster assistance contributions for the repair, restoration, reconstruction, or replacement of private or investor-owned power transmission and distribution facilities damaged or destroyed by a major disaster.
Cites conditions for large in-lieu contributions to a private or investor-owned power facility in any case in which the owner determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility. | {"src": "billsum_train", "title": "A bill to provide for disaster assistance for power transmission and distribution facilities, and for other purposes."} | 1,627 | 122 | 0.625452 | 1.760637 | 0.595915 | 5.388889 | 13.592593 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
``(1) Definitions.--In this subsection:
``(A) Bypass.--The term `bypass' means an
intentional diversion of waste streams to bypass any
portion of a treatment facility which results in a
discharge into the Great Lakes.
``(B) Discharge.--
``(i) In general.--The term `discharge'
means a direct or indirect discharge of
untreated sewage or partially treated sewage
from a treatment works into the Great Lakes.
``(ii) Inclusions.--The term `discharge'
includes a bypass and a combined sewer
overflow.
``(C) Great lakes.--The term `Great Lakes' has the
meaning given the term in section 118(a)(3).
``(D) Partially treated sewage.--The term
`partially treated sewage' means any sewage, sewage and
storm water, or sewage and wastewater, from domestic or
industrial sources that--
``(i) is not treated to national secondary
treatment standards for wastewater; or
``(ii) is treated to a level less than the
level required by the applicable national
pollutant discharge elimination system permit.
``(E) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(F) Treatment works.--The term `treatment works'
has the meaning given the term in section 212.
``(2) Prohibition.--A publicly owned treatment works is
prohibited from performing a bypass unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with this subsection; or
``(B) the bypass does not cause effluent
limitations to be exceeded, and the bypass is for
essential maintenance to ensure efficient operation of
the treatment facility.
``(3) Limitation.--The requirement of paragraph (2)(A)(ii)
is not satisfied if--
``(A) adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent the bypass; and
``(B) the bypass occurred during normal periods of
equipment downtime or preventive maintenance.
``(4) Immediate notice requirements.--
``(A) In general.--A publicly owned treatment works
shall provide to the entities described in subparagraph
(B)--
``(i) for any anticipated discharge, prior
notice of that discharge; and
``(ii) for any unanticipated discharge, as
soon as practicable, but not later than--
``(I) for a treatment works with an
automated detection system, 2 hours
after the discharge begins; and
``(II) for a treatment works
without an automated detection system,
12 hours after the discharge begins.
``(B) Notice.--The entities referred to in
subparagraph (A) are--
``(i) the Administrator or, in the case of
a State that has a permit program approved
under this section, the State;
``(ii) each local health department or, if
a local health department does not exist, the
State health department;
``(iii) the municipality in which the
discharge occurred and each municipality with
jurisdiction over waters that may be affected
by the discharge;
``(iv) a daily newspaper of general
circulation in each county in which a
municipality described in clause (iii) is
located; and
``(v) the general public through a
prominent announcement on a publicly accessible
Internet site of the treatment works.
``(C) Contents.--The notice under subparagraph (A)
shall include a description of--
``(i) the volume and state of treatment of
the discharge;
``(ii) the date and time of the discharge;
``(iii) the expected duration of the
discharge;
``(iv) the steps being taken to contain the
discharge, except for a discharge that is a wet
weather combined sewer overflow discharge;
``(v) the location of the discharge, with
the maximum level of specificity practicable;
and
``(vi) the cause for the discharge.
``(5) Follow-up notice requirements.--Each publicly owned
treatment works that provides notice under paragraph (4)(B)
shall provide to the Administrator (or to the State in the case
of a State that has a permit program approved under this
section), not later than 5 days after the date on which the
publicly owned treatment works provides initial notice, a
follow-up notice containing--
``(A) a more full description of the cause of the
discharge;
``(B) the reason for the discharge;
``(C) the period of discharge, including the exact
dates and times;
``(D) if the discharge has not been corrected, the
anticipated time the discharge is expected to continue;
``(E) the volume of the discharge resulting from
the bypass;
``(F) a description of any public access areas that
has or may be impacted by the bypass; and
``(G) steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the discharge.
``(6) Public availability of notices.--
``(A) In general.--Not later than 48 hours after
providing or receiving a follow-up notice under
paragraph (5), as applicable, a publicly owned
treatment works and the Administrator (or the State, in
the case of a State that has a permit program approved
under this section) shall each post the follow-up
notice on a publicly accessible, searchable database on
the Internet.
``(B) Annual publication.--The Administrator (or
the State, in the case of a State that has a permit
program approved under this section) shall annually
publish and make available to the public a list of each
of the treatment works from which the Administrator or
the State, as applicable, received a follow-up notice
under paragraph (5).
``(7) Sewage blending.--Bypasses prohibited by this section
include bypasses resulting in discharges from a publicly owned
treatment works that consist of effluent routed around
treatment units and thereafter blended together with effluent
from treatment units prior to discharge.
``(8) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
establish procedures to ensure that permits issued under this
section (or under a State permit program approved under this
section) to a publicly owned treatment works include
requirements to implement this subsection.
``(9) Increase in maximum civil penalty for violations
occurring after january 1, 2033.--Notwithstanding section 309,
in the case of a violation of this subsection occurring on or
after January 1, 2033, or any violation of a permit limitation
or condition implementing this subsection occurring after that
date, the maximum civil penalty that shall be assessed for the
violation shall be $100,000 per day for each day the violation
occurs.
``(10) Applicability.--This subsection shall apply to a
bypass occurring after the last day of the 1-year period
beginning on the date of enactment of this subsection.''.
SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
(a) In General.--Title V of the Federal Water Pollution Control Act
(33 U.S.C. 1361 et seq.) is amended--
(1) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Great Lakes Cleanup
Fund established by subsection (b).
``(2) Great lakes; great lakes states.--The terms `Great
Lakes' and `Great Lakes States' have the meanings given the
terms in section 118(a)(3).
``(b) Establishment of Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Great Lakes
Cleanup Fund' (referred to in this section as the `Fund').
``(c) Transfers to Fund.--Effective January 1, 2033, there are
authorized to be appropriated to the Fund amounts equivalent to the
penalties collected for violations of section 402(s).
``(d) Administration of Fund.--The Administrator shall administer
the Fund.
``(e) Use of Funds.--The Administrator shall--
``(1) make the amounts in the Fund available to the Great
Lakes States for use in carrying out programs and activities
for improving wastewater discharges into the Great Lakes,
including habitat protection and wetland restoration; and
``(2) allocate those amounts among the Great Lakes States
based on the proportion that--
``(A) the amount attributable to a Great Lakes
State for penalties collected for violations of section
402(s); bears to
``(B) the total amount of those penalties
attributable to all Great Lakes States.
``(f) Priority.--In selecting programs and activities to be funded
using amounts made available under this section, a Great Lakes State
shall give priority consideration to programs and activities that
address violations of section 402(s) resulting in the collection of
penalties.''.
(b) Conforming Amendment to State Revolving Fund Program.--Section
607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is
amended--
(1) by striking ``There is'' and inserting ``(a) In
General.--There is''; and
(2) by adding at the end the following:
``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this
title, amounts made available from the Great Lakes Cleanup Fund under
section 519 shall be treated as funds authorized to be appropriated to
carry out this title and as funds made available under this title,
except that the funds shall be made available to the Great Lakes States
in accordance with section 519.''. | Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from performing a discharge (defined as an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge of untreated or partially treated sewage into the Great Lakes) unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires a POTW to provide prior notice for any anticipated discharge, or notice as soon as practicable for any unanticipated discharge (but no later than two hours after a discharge begins for a POTW with an automated detection system or 12 hours after a discharge begins for a POTW without such system), to: (1) the Administrator of the Environmental Protection Agency (EPA) (or a state if the state has an approved permit program), (2) each local health department (or a state health department if a local department does not exist), (3) the municipality in which a discharge occurred, (4) each municipality with jurisdiction over waters that may be affected, (5) a daily newspaper of general circulation in each county in which such a municipality is located, and (6) the public. Requires a POTW, within five days after such initial notice, to provide follow-up notice regarding the cause of, reason for, dates and times of, anticipated duration of, volume of, public access areas affected by, and steps taken or planned to reduce, eliminate, and prevent recurrence of, the discharge. Requires the Administrator (or a state with an approved permit program) to annually publish and make available to the public a list of the POTWs from which a follow-up notice was received. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this Act. Establishes a maximum civil penalty of $100,000 per day for violations of this Act occurring on or after January 1, 2033. Establishes the Great Lakes Cleanup Fund into which penalties for violations of this Act shall be deposited and from which amounts shall be provided for improving wastewater discharges. | {"src": "billsum_train", "title": "Great Lakes Water Protection Act"} | 2,486 | 586 | 0.544571 | 1.614861 | 0.730538 | 3.50099 | 4.39604 | 0.926733 |
SECTION 1. REPEAL OF LIQUIDATION AUTHORITY.
(a) In General.--Title II of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is hereby repealed and any Federal law amended
by such title shall, on and after the effective date of this Act, be
effective as if title II of the Dodd-Frank Wall Street Reform and
Consumer Protection Act had not been enacted.
(b) Conforming Amendments.--
(1) Dodd-frank wall street reform and consumer protection
act.--The Dodd-Frank Wall Street Reform and Consumer Protection
Act is amended--
(A) in the table of contents for such Act, by
striking all items relating to title II;
(B) in section 151, by amending paragraph (2) to
read as follows:
``(2) the term `financial company' means--
``(A) any company that is incorporated or organized
under any provision of Federal law or the laws of any
State;
``(B) any company that is--
``(i) a bank holding company, as defined in
section 2(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a));
``(ii) a nonbank financial company
supervised by the Board of Governors;
``(iii) any company that is predominantly
engaged in activities that the Board of
Governors has determined are financial in
nature or incidental thereto for purposes of
section 4(k) of the Bank Holding Company Act of
1956 (12 U.S.C. 1843(k)) other than a company
described in clause (i) or (ii); or
``(iv) any subsidiary of any company
described in any of clauses (i) through (iii)
that is predominantly engaged in activities
that the Board of Governors has determined are
financial in nature or incidental thereto for
purposes of section 4(k) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(k)) (other
than a subsidiary that is an insured depository
institution or an insurance company);
``(C) any company that is not a Farm Credit System
institution chartered under and subject to the
provisions of the Farm Credit Act of 1971, as amended
(12 U.S.C. 2001 et seq.), a governmental entity, or a
regulated entity, as defined under section 1303(20) of
the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502(20)); and
``(D) includes an insured depository institution
and an insurance company;'';
(C) in section 165(d)(6), by striking ``, a
receiver appointed under title II,'';
(D) in section 716(g), by striking ``or a covered
financial company under title II'';
(E) in section 1105(e)(5), by striking ``amount of
any securities issued under that chapter 31 for such
purpose shall be treated in the same manner as
securities issued under section 208(n)(5)(E)'' and
inserting ``issuances of such securities under that
chapter 31 for such purpose shall by treated as public
debt transactions of the United States, and the
proceeds from the sale of any obligations acquired by
the Secretary under this paragraph shall be deposited
into the Treasury of the United States as miscellaneous
receipts''; and
(F) in section 1106(c)(2), by amending subparagraph
(A) to read as follows:
``(A) require the company to file a petition for
bankruptcy under section 301 of title 11, United States
Code; or''.
(2) Federal deposit insurance act.--Section 10(b)(3) of the
Federal Deposit Insurance Act (12 U.S.C. 1820(b)(3)) is amended
by striking ``, or of such nonbank financial company supervised
by the Board of Governors or bank holding company described in
section 165(a) of the Financial Stability Act of 2010, for the
purpose of implementing its authority to provide for orderly
liquidation of any such company under title II of that Act''.
(3) Federal reserve act.--Section 13(3) of the Federal
Reserve Act is amended--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``,
resolution under title II of the Dodd-Frank
Wall Street Reform and Consumer Protection Act,
or'' and inserting ``or is subject to
resolution under''; and
(ii) in clause (iii), by striking ``,
resolution under title II of the Dodd-Frank
Wall Street Reform and Consumer Protection Act,
or'' and inserting ``or resolution under''; and
(B) by striking subparagraph (E). | . (Sec. 1) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal Title II (Orderly Liquidation Authority), concerning the bankruptcy of financial institutions, and makes conforming amendments to the Federal Deposit Insurance Act and the Federal Reserve Act. | {"src": "billsum_train", "title": "To repeal title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act."} | 1,077 | 66 | 0.456449 | 1.124661 | 0.833175 | 2.518519 | 17.555556 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Subsidiary Tax Equity Act''.
SEC. 2. INCOME FROM RUNAWAY PLANTS OR FROM MANUFACTURING OPERATIONS
LOCATED IN A COUNTRY WHICH PROVIDES A TAX HOLIDAY
INCLUDED IN SUBPART F INCOME.
(a) Foreign Base Company Manufacturing Related Income Added to
Currently Taxed Amounts.--Subsection (a) of section 954 of the Internal
Revenue Code of 1986 (defining foreign base company income) is amended
by striking ``and'' at the end of paragraph (4), by striking the period
at the end of paragraph (5) and inserting ``, and'', and by adding at
the end thereof the following new paragraph:
``(6) the foreign base company manufacturing related income
for the taxable year (determined under subsection (h) and
reduced as provided in subsection (b)(5)).''
(b) Definition of Foreign Base Company Manufacturing Related
Income.--Section 954 of such Code is amended by adding at the end
thereof the following new subsection:
``(h) Foreign Base Company Manufacturing Related Income.--
``(1) In general.--For purposes of this section, the term
`foreign base company manufacturing related income' means
income (whether in the form of profits, commissions, fees, or
otherwise) derived in connection with the manufacture for or
sale to any person of personal property by the controlled
foreign corporation where the property sold was manufactured by
the controlled foreign corporation in any country other than
the United States if such property or any component of such
property was manufactured--
``(A) in a tax holiday plant, or
``(B) in a runaway plant.
``(2) Other definitions; special rules.--For purposes of
this subsection--
``(A) Tax holiday plant defined.--The term `tax
holiday plant' means any facility--
``(i) operated by the controlled foreign
corporation in connection with the manufacture
of personal property, and
``(ii) with respect to which any economic
benefit under any tax law of the country in
which such facility is located accrued--
``(I) to such corporation,
``(II) for the purpose of providing
an incentive to such corporation to
establish, maintain, or expand such
facility, and
``(III) for the taxable year of
such corporation during which the
personal property referred to in
paragraph (1) was manufactured.
``(B) Runaway plant defined.--The term `runaway
plant' means any facility--
``(i) for the manufacture of personal
property of which not less than 10 percent is
used, consumed, or otherwise disposed of in the
United States, and
``(ii) which is established or maintained
by the controlled foreign corporation in a
country in which the effective tax rate imposed
by such country on the corporation is less than
90 percent of the effective tax rate which
would be imposed on such corporation under this
title.
``(C) Economic benefit under any tax law defined.--
The term `economic benefit under any tax law'
includes--
``(i) any exclusion or deduction of any
amount from gross income derived in connection
with--
``(I) the operation of any
manufacturing facility, or
``(II) the manufacture or sale of
any personal property,
which would otherwise be subject to tax under
the law of such country;
``(ii) any reduction in the rate of any tax
which would otherwise be imposed under the laws
of such country with respect to any facility or
property referred to in clause (i) (including
any ad valorem tax or excise tax with respect
to such property);
``(iii) any credit against any tax which
would otherwise be assessed against any such
facility or property or any income derived in
connection with the operation of any such
facility or the manufacture or sale of any such
property; and
``(iv) any abatement of any amount of tax
otherwise due and any other reduction in the
actual amount of tax paid to such country.
``(D) Manufacture defined.--The term `manufacture'
or `manufacturing' includes any production, processing,
assembling, or finishing of any personal property or
any component of property not yet assembled and any
packaging, handling, or other activity incidental to the shipment or
delivery of such property to any buyer.
``(E) Corporation includes any related person.--The
term `controlled foreign corporation' includes any
related person with respect to such corporation.
``(F) Special rule for determining which taxable
year an economic benefit was obtained.--An economic
benefit under any tax law shall be treated as having
accrued in the taxable year of the controlled foreign
corporation in which such corporation actually obtained
the benefit, notwithstanding the fact that such benefit
may have been allowable for any preceding or succeeding
taxable year and was carried forward or back, for any
reason, to the taxable year.
``(3) Limitation on application of paragraph (1) in certain
cases.--For purposes of this section--
``(A) In general.--The term `foreign base company
manufacturing related income' shall not include any
income of a controlled foreign corporation from the
manufacture or sale of personal property if--
``(i) such corporation is not a corporation
significantly engaged in manufacturing,
``(ii) the investment in the expansion of
an existing facility which gave rise to a tax
holiday for such facility was not a substantial
investment, or
``(iii) the personal property was used,
consumed, or otherwise disposed of in the
country in which such property was
manufactured.
``(B) Corporation significantly engaged in
manufacturing defined.--
``(i) General rule.--A corporation shall be
deemed to be significantly engaged in
manufacturing if the value of real property and
other capital assets owned or controlled by the
corporation and dedicated to manufacturing
operations is more than 10 percent of the total
value of all real property and other capital
assets owned or controlled by such corporation.
``(ii) Special rule for assessing property
value.--The value of any property owned by the
corporation is the basis of such corporation in
such property. The basis of the corporation in
any property which was acquired other than by
purchase shall be the fair market value of such
property at the time of such acquisition. Any
property controlled but not owned by such
corporation under any lease (or any other
instrument which gives such corporation any
right of use or occupancy with respect to such
property) shall be treated as property acquired
other than by purchase in the manner provided
in the preceding sentence.
``(C) Substantial investment defined.--The term
`substantial investment' means any amount which--
``(i) was added to the capital account for
an existing facility during the 3-year period
ending on the last day of any taxable year with
respect to which such facility is a tax holiday
plant, and
``(ii) caused the sum of all amounts added
to such account during such period to exceed 20
percent of the total value of such facility
(determined in the manner provided in
subparagraph (B)(ii)) on the first day of such
period.''
(c) Technical and Conforming Amendments.--
(1) The last sentence of subsection (b)(4) of such section
954 is amended by striking out ``subsection (a)(5).'' and by
inserting in lieu thereof ``subsection (a)(5) or foreign base
company manufacturing related income described in subsection
(a)(6).''
(2) Subsection (b)(5) of such section 954 is amended by
striking out ``and the foreign base company oil related
income'' and by inserting in lieu thereof ``the foreign base
company oil related income, and the foreign base company
manufacturing related income''.
(3) Subsection (b) of such section 954 is amended by
inserting at the end thereof the following new paragraph:
``(9) Foreign base company manufacturing related income not
treated as another kind of base company income.--Income of a
corporation which is foreign base company manufacturing related
income shall not be treated as foreign base company income of
such corporation under any paragraph of subsection (a) other
than paragraph (6).''
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after
December 31, 1988, and to taxable years of United States
shareholders in which, or with which, such taxable years of
foreign corporations end.
(2) Investments before the date of enactment not taken into
account.--No facility of a foreign controlled corporation shall
be treated as a tax holiday plant (within the meaning of
section 954(h)(2)(A) of such Code, as amended by this section)
or as a runaway plant (within the meaning of section
954(h)(2)(B) of such Code, as amended by this section) on the
basis of any amount paid or incurred with respect to such
facility and added to the capital account for such facility
before the date of the enactment of this Act. | Foreign Subsidiary Tax Equity Act - Amends the Internal Revenue Code to include as taxable income of U.S. shareholders in controlled foreign corporations the foreign base company manufacturing related income attributable to manufacturing operations in a tax holiday (tax haven) plant or in a runaway plant. | {"src": "billsum_train", "title": "Foreign Subsidiary Tax Equity Act"} | 2,010 | 66 | 0.588268 | 1.468768 | 1.143043 | 3.081633 | 38.836735 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and therefore Congress
may by law impose penalties on those who provide material
support to foreign organizations engaged in terrorist activity,
and allow for victims of international terrorism to recover
damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside of the United States for conduct directed and targeted
at the United States.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(6) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how such
liability should function in the context of the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of nationals of the United States or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being brought to court in the
United States to answer for such activities.
(10) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to the
court system in order to pursue civil claims against persons,
entities, or countries that have knowingly or recklessly
provided material support or resources, directly or indirectly,
to the persons or organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
the office or employment of the official or employee
(regardless of where the underlying tortious act or omission
occurs), including any statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support or resources for such an act, or any claim for
contribution or indemnity relating to a claim arising out of
such an act, except this paragraph shall not apply to--
``(A) any claim based upon the exercise or
performance of, or the failure to exercise or perform,
a discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `extrajudicial
killing', `hostage taking', and `material support or resources'
have the meanings given those terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action under subsection (a) for an injury
arising from an act of international terrorism committed, planned, or
authorized by an organization that had been designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), as of the date on which such act of
international terrorism was committed, planned, or authorized, or that
was so designated as a result of such act of international terrorism,
liability may be asserted as to any person who aided, abetted, or
conspired with the person who committed such an act of international
terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Personal Jurisdiction.--The district courts shall have
personal jurisdiction, to the maximum extent permissible under the 5th
Amendment to the Constitution of the United States, over any person who
commits or aids and abets an act of international terrorism or
otherwise sponsors such act or the person who committed such act, for
acts of international terrorism in which any national of the United
States suffers injury in his or her person, property, or business by
reason of such an act in violation of section 2333.''.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
Section 2337 of title 18, United States Code, is amended to read as
follows:
``Sec. 2337. Suits against Government officials
``No action may be maintained under section 2333 against--
``(1) the United States;
``(2) an agency of the United States; or
``(3) an officer or employee of the United States or any
agency of the United States acting within the official capacity
of the officer or employee or under color of legal
authority.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after September 11, 2001. | Justice Against Sponsors of Terrorism Act This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity by authorizing U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort, including an act of terrorism, committed anywhere by a foreign state or official. It amends the federal criminal code to permit civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. Additionally, the bill authorizes federal courts to exercise personal jurisdiction over and impose liability on a person who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national. | {"src": "billsum_train", "title": "Justice Against Sponsors of Terrorism Act"} | 1,973 | 176 | 0.492614 | 1.321862 | 0.746756 | 1.907143 | 12.907143 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Business Estate Tax Relief
Act of 1996''.
SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the lesser of--
``(1) the adjusted value of the qualified family-owned
business interests of the decedent otherwise includible in the
estate, or
``(2) $900,000, reduced by the amount of any exclusion
allowed under this section with respect to the estate of a
previously deceased spouse of the decedent.
``(b) Estates to Which Section Applies.--
``(1) In general.--This section shall apply to an estate
if--
``(A) the decedent was (at the date of the
decedent's death) a citizen or resident of the United
States,
``(B) the sum of--
``(i) the adjusted value of the qualified
family-owned business interests described in
paragraph (2), plus
``(ii) the amount of the gifts of such
interests determined under paragraph (3),
exceeds 50 percent of the adjusted gross estate, and
``(C) during the 8-year period ending on the date
of the decedent's death there have been periods
aggregating 5 years or more during which--
``(i) such interests were owned by the
decedent or a member of the decedent's family,
and
``(ii) there was material participation
(within the meaning of section 2032A(e)(6)) by
the decedent or a member of the decedent's
family in the operation of the business to
which such interests relate.
``(2) Includible qualified family-owned business
interests.--The qualified family-owned business interests
described in this paragraph are the interests which--
``(A) are included in determining the value of the
gross estate (without regard to this section), and
``(B) are acquired by any qualified heir from, or
passed to any qualified heir from, the decedent (within
the meaning of section 2032A(e)(9)).
``(3) Includible gifts of interests.--The amount of the
gifts of qualified family-owned business interests determined
under this paragraph is the excess of--
``(A) the sum of--
``(i) the amount of such gifts from the
decedent to members of the decedent's family
taken into account under subsection
2001(b)(1)(B), plus
``(ii) the amount of such gifts otherwise
excluded under section 2503(b),
to the extent such interests are continuously held by
members of such family (other than the decedent's
spouse) between the date of the gift and the date of
the decedent's death, over
``(B) the amount of such gifts from the decedent to
members of the decedent's family otherwise included in
the gross estate.
``(c) Adjusted Gross Estate.--For purposes of this section, the
term `adjusted gross estate' means the value of the gross estate
(determined without regard to this section)--
``(1) reduced by any amount deductible under paragraph (3)
or (4) of section 2053(a), and
``(2) increased by the excess of--
``(A) the sum of--
``(i) the amount of gifts determined under
subsection (b)(3), plus
``(ii) the amount (if more than de minimis)
of other transfers from the decedent to the
decedent's spouse (at the time of the transfer)
within 10 years of the date of the decedent's
death, plus
``(iii) the amount of other gifts (not
included under clause (i) or (ii)) from the
decedent within 3 years of such date, other
than gifts to members of the decedent's family
otherwise excluded under section 2503(b), over
``(B) the sum of the amounts described in clauses
(i), (ii), and (iii) of subparagraph (A) which are
otherwise includible in the gross estate.
For purposes of the preceding sentence, the Secretary may provide that
de minimis gifts to persons other than members of the decedent's family
shall not be taken into account.
``(d) Adjusted Value of the Qualified Family-Owned Business
Interests.--For purposes of this section, the adjusted value of any
qualified family-owned business interest is the value of such interest
for purposes of this chapter (determined without regard to this
section), reduced by the excess of--
``(1) any amount deductible under paragraph (3) or (4) of
section 2053(a), over
``(2) the sum of--
``(A) any indebtedness on any qualified residence
of the decedent the interest on which is deductible
under section 163(h)(3), plus
``(B) any indebtedness to the extent the taxpayer
establishes that the proceeds of such indebtedness were
used for the payment of educational and medical
expenses of the decedent, the decedent's spouse, or the
decedent's dependents (within the meaning of section
152), plus
``(C) any indebtedness not described in clause (i)
or (ii), to the extent such indebtedness does not
exceed $10,000.
``(e) Qualified Family-Owned Business Interest.--
``(1) In general.--For purposes of this section, the term
`qualified family-owned business interest' means--
``(A) an interest as a proprietor in a trade or
business carried on as a proprietorship, or
``(B) an interest in an entity carrying on a trade
or business, if--
``(i) at least--
``(I) 50 percent of such entity is
owned (directly or indirectly) by the
decedent and members of the decedent's
family,
``(II) 70 percent of such entity is
so owned by members of 2 families, or
``(III) 90 percent of such entity
is so owned by members of 3 families,
and
``(ii) for purposes of subclause (II) or
(III) of clause (i), at least 30 percent of
such entity is so owned by the decedent and
members of the decedent's family.
``(2) Limitation.--Such term shall not include--
``(A) any interest in a trade or business the
principal place of business of which is not located in
the United States,
``(B) any interest in an entity, if the stock or
debt of such entity or a controlled group (as defined
in section 267(f)(1)) of which such entity was a member
was readily tradable on an established securities
market or secondary market (as defined by the
Secretary) at any time within 3 years of the date of
the decedent's death,
``(C) any interest in a trade or business not
described in section 542(c)(2), if more than 35 percent
of the adjusted ordinary gross income of such trade or
business for the taxable year which includes the date
of the decedent's death would qualify as personal
holding company income (as defined in section 543(a)),
``(D) that portion of an interest in a trade or
business that is attributable to--
``(i) cash or marketable securities, or
both, in excess of the reasonably expected day-
to-day working capital needs of such trade or
business, and
``(ii) any other assets of the trade or
business (other than assets used in the active
conduct of a trade or business described in
section 542(c)(2)), the income of which is
described in section 543(a) or in subparagraph
(B), (C), (D), or (E) of section 954(c)(1)
(determined by substituting `trade or business'
for `controlled foreign corporation').
``(3) Rules regarding ownership.--
``(A) Ownership of entities.--For purposes of
paragraph (1)(B)--
``(i) Corporations.--Ownership of a
corporation shall be determined by the holding
of stock possessing the appropriate percentage
of the total combined voting power of all
classes of stock entitled to vote and the
appropriate percentage of the total value of
shares of all classes of stock.
``(ii) Partnerships.--Ownership of a
partnership shall be determined by the owning
of the appropriate percentage of the capital
interest in such partnership.
``(B) Ownership of tiered entities.--For purposes
of this section, if by reason of holding an interest in
a trade or business, a decedent, any member of the
decedent's family, any qualified heir, or any member of
any qualified heir's family is treated as holding an
interest in any other trade or business--
``(i) such ownership interest in the other
trade or business shall be disregarded in
determining if the ownership interest in the
first trade or business is a qualified family-
owned business interest, and
``(ii) this section shall be applied
separately in determining if such interest in
any other trade or business is a qualified
family-owned business interest.
``(C) Individual ownership rules.--For purposes of
this section, an interest owned, directly or
indirectly, by or for an entity described in paragraph
(1)(B) shall be considered as being owned
proportionately by or for the entity's shareholders,
partners, or beneficiaries. A person shall be treated
as a beneficiary of any trust only if such person has a
present interest in such trust.
``(f) Tax Treatment of Failure To Materially Participate in
Business or Dispositions of Interests.--
``(1) In general.--There is imposed an additional estate
tax if, within 10 years after the date of the decedent's death
and before the date of the qualified heir's death--
``(A) the material participation requirements
described in section 2032A(c)(6)(B) are not met with
respect to the qualified family-owned business interest
which was acquired (or passed) from the decedent,
``(B) the qualified heir disposes of any portion of
a qualified family-owned business interest (other than
by a disposition to a member of the qualified heir's
family or through a qualified conservation contribution
under section 170(h)),
``(C) the qualified heir loses United States
citizenship (within the meaning of section 877) or with
respect to whom an event described in subparagraph (A)
or (B) of section 877(e)(1) occurs, and such heir does
not comply with the requirements of subsection (g), or
``(D) the principal place of business of a trade or
business of the qualified family-owned business
interest ceases to be located in the United States.
``(2) Additional estate tax.--
``(A) In general.--The amount of the additional
estate tax imposed by paragraph (1) shall be equal to--
``(i) the applicable percentage of the
adjusted tax difference attributable to the
qualified family-owned business interest (as
determined under rules similar to the rules of
section 2032A(c)(2)(B)), plus
``(ii) interest on the amount determined
under clause (i) at the underpayment rate
established under section 6621 for the period
beginning on the date the estate tax liability
was due under this chapter and ending on the
date such additional estate tax is due.
``(B) Applicable percentage.--For purposes of this
paragraph, the applicable percentage shall be
determined under the following table:
``If the event described in
paragraph (1) occurs in
the following year of
The applicable
material participation:
percentage is:
1 through 6................................... 100
7............................................. 80
8............................................. 60
9............................................. 40
10............................................ 20.
``(g) Security Requirements for Noncitizen Qualified Heirs.--
``(1) In general.--Except upon the application of
subparagraph (F) or (M) of subsection (h)(3), if a qualified
heir is not a citizen of the United States, any interest under
this section passing to or acquired by such heir (including any
interest held by such heir at a time described in subsection
(f)(1)(C)) shall be treated as a qualified family-owned
business interest only if the interest passes or is acquired
(or is held) in a qualified trust.
``(2) Qualified trust.--The term `qualified trust' means a
trust--
``(A) which is organized under, and governed by,
the laws of the United States or a State, and
``(B) except as otherwise provided in regulations,
with respect to which the trust instrument requires
that at least 1 trustee of the trust be an individual
citizen of the United States or a domestic corporation.
``(h) Other Definitions and Applicable Rules.--For purposes of this
section--
``(1) Qualified heir.--The term `qualified heir'--
``(A) has the meaning given to such term by section
2032A(e)(1), and
``(B) includes any active employee of the trade or
business to which the qualified family-owned business
interest relates if such employee has been employed by
such trade or business for a period of at least 10 years before the
date of the decedent's death.
``(2) Member of the family.--The term `member of the
family' has the meaning given to such term by section
2032A(e)(2).
``(3) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(b)(5) (relating to special
rules for surviving spouses).
``(C) Section 2032A(c)(2)(D) (relating to partial
dispositions).
``(D) Section 2032A(c)(3) (relating to only 1
additional tax imposed with respect to any 1 portion).
``(E) Section 2032A(c)(4) (relating to due date).
``(F) Section 2032A(c)(5) (relating to liability
for tax; furnishing of bond).
``(G) Section 2032A(c)(7) (relating to no tax if
use begins within 2 years; active management by
eligible qualified heir treated as material
participation).
``(H) Section 2032A(e)(10) (relating to community
property).
``(I) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(J) Section 2032A(f) (relating to statute of
limitations).
``(K) Section 6166(b)(3) (relating to farmhouses
and certain other structures taken into account).
``(L) Subparagraphs (B), (C), and (D) of section
6166(g)(1) (relating to acceleration of payment).
``(M) Section 6324B (relating to special lien for
additional estate tax).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 is amended by inserting after the item
relating to section 2033 the following new item:
``Sec. 2033A. Family-owned business
exclusion.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1996.
SEC. 3. PORTION OF ESTATE TAX SUBJECT TO 4-PERCENT INTEREST RATE
INCREASED TO $1,600,000.
(a) In General.--Subparagraph (B) of section 6601(j)(2) of the
Internal Revenue Code of 1986 (defining 4-percent portion) is amended
by striking ``$345,800'' and inserting ``$600,800''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after December 31, 1996. | Family Business Estate Tax Relief Act of 1996 - Amends the Internal Revenue Code to exclude from a family-owned business' gross estate up to $900,000 of family-owned business interest (in addition to the existing $600,000 estate and gift tax credit), provided that the heirs continue to materially participate in the business for a specified period after the owner's death.
Increases the portion of the estate tax subject to the "four- percent" (interest) rule. | {"src": "billsum_train", "title": "Family Business Estate Tax Relief Act of 1996"} | 3,723 | 105 | 0.550032 | 1.340542 | 0.600005 | 2.120879 | 37.032967 | 0.824176 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Watermelon
Research and Promotion Improvement Act of 1993''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Change to majority vote in referendum procedures.
Sec. 3. Expansion of watermelon plans to entire United States.
Sec. 4. Clarification of differences between producers and handlers.
Sec. 5. Clarification of collection of assessments by the board.
Sec. 6. Changes to assessment rate not subject to formal rulemaking.
Sec. 7. Elimination of watermelon assessment refund.
Sec. 8. Equitable treatment of watermelon plans.
Sec. 9. Separate consideration of watermelon plan amendments.
SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES.
Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C.
4912) is amended--
(1) by inserting ``(a)'' after ``Sec. 1653.'';
(2) by striking the third sentence; and
(3) inserting at the end the following new subsection:
``(b) A plan issued under this subtitle shall not take effect
unless the Secretary determines that the issuance of the plan is
approved or favored by a majority of the producers and handlers (and
importers if subject to the plan) voting in the referendum.''.
SEC. 3. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES.
(a) Definitions.--Section 1643 of the Watermelon Research and
Promotion Act (7 U.S.C. 4902(3)) is amended--
(1) in paragraph (3), by striking ``the forty-eight
contiguous States of''; and
(2) by adding at the end the following new paragraph:
``(10) The term `United States' means each of the several
States and the District of Columbia.''.
(b) Issuance of Plans.--The last sentence of section 1644 of such
Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous
States of''.
SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS.
Section 1647(c) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(c)) is amended by adding at the end the following:
``(3) If a producer purchases watermelons from other producers, in
a combined total volume that is equal to 25 percent or more of the
producer's own production, the producer shall be eligible to serve on
the Board only as a representative of handlers and not as a
representative of producers.''.
SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD.
Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C.
4906) is amended--
(1) in subsection (f), by striking ``collection of the
assessments by the Board'' and inserting ``payment of the
assessments to the Board.''; and
(2) in paragraphs (1) and (3) of subsection (g), by
striking ``collected'' and inserting ``received''.
SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING.
Section 1647(f) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(f)), as amended by section 5(1), is further amended by
adding at the end the following new sentences: ``In fixing or changing
the rate of assessment pursuant to the plan, the Secretary shall comply
with the notice and comment procedures established under section 553 of
title 5, United States Code. Sections 556 and 557 of such title shall
not apply with respect to fixing or changing the rate of assessment.''.
SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND.
Section 1647(h) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(h)) is amended--
(1) by inserting ``(1) Except as provided in paragraph
(2)'' after ``(h)''; and
(3) by adding at the end the following new paragraph:
``(2) If approved in the referendum required by section 1655(b)
relating to the elimination of the assessment refund under paragraph
(1), the Secretary shall amend the plan which is in effect on the day
before the date of the enactment of the Watermelon Research and
Promotion Improvement Act of 1993 to eliminate such refund
provision.''.
SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS.
(a) Definitions.--Section 1643 of the Watermelon Research and
Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further
amended--
(1) in paragraph (3), by striking the semicolon at the end
and inserting the following: ``or imported into the United
States.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6) The term `importer' means any person who imports
watermelons into the United States.
``(7) The term `plan' means an order issued by the
Secretary under this subtitle.''.
(b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903),
as amended by section 3(b), is further amended--
(1) in the first sentence, by striking ``and handlers'' and
inserting ``, handlers, and importers'';
(2) by striking the second sentence; and
(3) in the last sentence, by inserting ``or imported into
the United States'' before the period.
(c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C.
4904(a)) is amended--
(1) in the first sentence, by striking ``and handlers'' and
inserting ``, handlers, and importers''; and
(2) in the last sentence, by striking ``or handlers'' and
inserting ``, handlers, or importers''.
(d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C.
4906(c)), as amended by section 4, is further amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) in the second sentence, by striking ``producer and
handler members'' and inserting ``other members''; and
(3) by adding at the end the following new paragraph:
``(2) If importers are subject to the plan, the Board shall also
include a single representative of importers who shall be appointed by
the Secretary from nominations submitted by importers in such manner as
may be prescribed by the Secretary. If importers are subject to the
plan and fail to select a nominee for appointment to the Board, the
Secretary may appoint any importer as the representative of
importers.''.
(e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)),
as amended by section 5(2), is further amended--
(1) in paragraph (4)--
(A) by striking ``(4) assessments'' and inserting
``(4) Assessments''; and
(B) by inserting ``in the case of producers and
handlers'' after ``such assessments''; and
(2) by adding at the end the following new paragraph:
``(5) If importers are subject to the plan, an assessment
shall also be made on watermelons imported into the United
States by such importers. The rate of assessment for importers
(if subject to the plan) shall be equal to the combined rate
for producers and handlers.''.
(f) Refunds.--Section 1647(h) of such Act (7 U.S.C. 4906(h)), as
amended by section 7, is further amended--
(1) by inserting after ``or handler'' the first two places
it appears the following: ``(or importer if subject to the
plan)''; and
(2) by striking ``or handler'' the last place it appears
and inserting ``, handler, or importer''.
(g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C.
4908) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) If importers are subject to the plan, each importer required
to pay assessments under the plan shall be responsible for payment to
the Board, as it may direct, of the assessment. The assessment on
imported watermelons shall be equal to the combined rate for domestic
producers and handlers and shall be paid by the importer to the Board
at the time of the entry of the watermelons into the United States.
Each such importer shall maintain a separate record including the total
quantity of watermelons imported into the United States that are
included under the terms of the plan, as well as those that are exempt
under such plan, and shall indicate such other information as may be
prescribed by the Board. No more than one assessment shall be made on
any imported watermelons.'';
(2) in subsection (b), by inserting ``and importers'' after
``Handlers''; and
(3) in subsection (c)(1), by inserting ``or importers''
after ``handlers''.
(h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a))
is amended--
(1) in the first sentence, by striking ``a handler or any
other person'' by inserting ``a person'';
(2) in the fourth sentence, by inserting ``(or an importer
if subject to the plan)'' after ``a handler''; and
(3) in the last sentence, by striking ``the handler or
other person'' and inserting ``the person''.
(i) Referendum.--Section 1653 of such Act (7 U.S.C. 4912), as
amended by section 2, is further amended--
(1) in the first sentence--
(A) by striking ``and handlers'' both places it
appears and inserting ``, handlers, and importers'';
and
(B) by striking ``or handling'' and inserting ``,
handling, or importing''; and
(2) in the fourth sentence--
(A) by striking ``or handler'' and inserting ``,
handler, or importer''; and
(B) by striking ``or handled'' and inserting ``,
handled, or imported''.
(j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C.
4913(b)) is amended--
(1) in the first sentence--
(A) by striking ``10 per centum or more'' and
inserting ``at least 10 percent of the combined
total''; and
(B) by striking ``and handlers'' both places it
appears and inserting ``, handlers, and importers'';
and
(2) in the second sentence--
(A) by striking ``or handle'' and inserting ``,
handle, or import'';
(B) by striking ``50 per centum'' and inserting
``50 percent of the combined total''.
(C) by striking ``or handled by the handlers,'' and
inserting ``, handled by the handlers, and imported by
the importers''.
(k) Conforming and Technical Amendments.--Such Act is further
amended--
(1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by
striking ``and handling'' and inserting ``handling, and
importing'';
(2) in the first sentence of section 1642(b) (7 U.S.C.
4901(b))--
(A) by inserting ``, or imported into the United
States,'' after ``harvested in the United States''; and
(B) by striking ``produced in the United States'';
(3) in section 1643 (7 U.S.C. 4902), as amended by
subsection (a) and section 3--
(A) by striking ``subtitle--'' and inserting
``subtitle:'';
(B) in paragraphs (1), (2), (3), (4), and (5), by
striking ``the term'' and inserting ``The term'';
(C) in paragraphs (1), (2), (4), and (5), by
striking the semicolon at the end and inserting a
period;
(D) in paragraph (8), as redesignated by subsection
(a)(2)--
(i) by striking ``the term'' and inserting
``The term''; and
(ii) by striking ``; and'' and inserting a
period; and
(E) in paragraph (9), as redesignated by subsection
(a)(2)--
(i) by striking ``the term'' and inserting
``The term''; and
(ii) by striking ``1644'' and inserting
``1647''; and
(4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by
subsection (e) and section 5(2)--
(A) by striking ``that--'' and inserting ``the
following:'';
(B) in paragraph (1)--
(i) by striking ``(1) funds'' and inserting
``(1) Funds''; and
(ii) by striking the semicolon at the end
and inserting a period;
(C) in paragraph (2)--
(i) by striking ``(2) no'' and inserting
``(2) No''; and
(ii) by striking the semicolon at the end
and inserting a period;
(D) in paragraph (3)--
(i) by striking ``(3) no'' and inserting
``(3) No''; and
(ii) by striking ``; and'' and inserting a
period.
SEC. 9. SEPARATE CONSIDERATION OF WATERMELON PLAN AMENDMENTS.
Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C.
4914) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following new subsections:
``(b) The amendments described in subsection (c) that are required
to be made by the Secretary to a plan as a result of the amendments
made by the Watermelon Research and Promotion Improvement Act of 1993
shall be subject to separate line item voting and approval in a
referendum conducted pursuant to section 1653 before the Secretary
alters the plan as in effect on the day before the date of the
enactment of such Act.
``(c) The amendments referred to in subsection (b) are those
amendments required under--
``(1) section 7 of the Watermelon Research and Promotion
Improvement Act of 1993 relating to the elimination of the
assessment refund; and
``(2) section 8 of such Act relating to subjecting
importers to the terms and conditions of the plan.
``(d) When conducting the referendum relating to subjecting
importers to the terms and conditions of a plan, the Secretary shall
include as eligible voters in the referendum producers, handlers, and
importers who would be subject to the plan if the amendments are
approved.''. | Watermelon Research and Promotion Improvement Act of 1993 - Amends the Watermelon Research and Promotion Act to extend its provisions to each of the States and the District of Columbia.
Authorizes the revocation of the watermelon assessment refund.
Revises provisions regarding: (1) handler and producer National Watermelon Promotion Board membership; (2) assessment rates; and (3) referendum procedures. | {"src": "billsum_train", "title": "Watermelon Research and Promotion Improvement Act of 1993"} | 3,653 | 82 | 0.598125 | 1.477916 | 0.759211 | 3.333333 | 44.666667 | 0.861111 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Districts.--The term ``Districts'' means the Ute Water
Conservancy District and the Collbran Conservancy District
(including their successors and assigns).
(2) Federal reclamation laws.--The term ``Federal
reclamation laws'' means the Act of June 17, 1902 and Acts
amendatory thereof or supplementary thereto (32 Stat. 388,
chapter 1093; 43 U.S.C. 371 et seq.) (including regulations
adopted pursuant to those Acts).
(3) Project.--The term ``Project'' means the Collbran
Reclamation Project, as constructed and operated under the Act
of July 3, 1952 (66 Stat. 325, chapter 565), including all
property, equipment, and assets of or relating to the Project
that are owned by the United States, including--
(A) Vega Dam and Reservoir (but not including
recreation facilities owned by the United States or the
State of Colorado);
(B) Leon-Park Dams and Feeder Canal;
(C) Southside Canal;
(D) East Fork Diversion Dam and Feeder Canal;
(E) Bonham-Cottonwood Pipeline;
(F) Snowcat Shed and Diesel Storage;
(G) Upper Molina Penstock and Powerplant;
(H) Lower Molina Penstock and Power Plant;
(I) the diversion structure in the tailrace of the
Lower Molina Powerplant;
(J) all substations and switchyards;
(K) all rights relating to access to and the use of
the storage reservoirs on the Grand Mesa;
(L) all easements relating to access to and use of
such property and assets on lands of the United States;
(M) all rights-of-way and other real property
interests;
(N) all permits and contract rights;
(O) all equipment, parts inventories, and tools;
(P) all additions, replacements, betterments, and
appurtenances to any of the above; and
(Q) a copy of all data, plans, designs, reports,
records, or other materials, whether in writing or in
any form of electronic storage relating specifically to
the Project.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. CONVEYANCE.
(a) In General.--The Secretary shall convey to the Districts all
right, title, and interest of the United States in and to the Project
by quit claim deed and bill of sale, without warranties, on or before
the date that is 90 days after the date of enactment of this Act,
subject only to the requirements of this Act.
(b) Payment.--
(1) In general.--Before or simultaneously with conveyance
of the Project, the Districts shall pay to the United States
$11,147,000 ($8,747,000 of which represents the net present
value of the outstanding repayment obligations of the
Districts), of which--
(A) $10,747,000 shall be deposited in the general
fund of the United States Treasury; and
(B) $400,000 shall be deposited in a special
account in the United States Treasury and shall be
available to the United States Fish and Wildlife
Service, region 6, without further Act of
appropriation, for use in funding Colorado operations
and capital expenditures associated with the Recovery
Implementation Program for Endangered Fish Species in
the Upper Colorado River Basin.
(2) Source of funds.--Funds for the payment to the extent
of the amount specified in paragraph (1)(A) shall not be
derived from the issuance or sale, prior to the conveyance, of
State or local bonds the interest on which is exempt from
taxation under section 103 of the Internal Revenue Code of
1986.
(c) Operation of Project.--
(1) In general.--The Project shall be operated and used by
the Districts for a period of 40 years after the date of
enactment of this Act for the purposes for which the Project
was authorized under the Act of July 3, 1952 (66 Stat. 325,
chapter 565).
(2) Requirements.--During the 40-year period described in
paragraph (1)--
(A) the Districts shall annually submit to the
Secretary a plan for operation of the Project, which
plan shall--
(i) report on Project operations for the
previous year;
(ii) provide a description of the manner of
Project operations anticipated for the
forthcoming year; and
(iii) certify that the Districts have
operated and will operate and maintain the
Project facilities in accordance with sound
engineering practices; and
(B) subject to section 3, all electric power
generated by operation of the Project shall be provided
to and marketed by the Western Area Power
Administration (including its successors and assigns).
(d) Agreements.--Conveyance of the Project shall be subject to the
agreements between the United States and the State of Colorado dated
August 22, 1994, and September 23, 1994, relating to the construction
and operation of recreational facilities at Vega Reservoir, which
agreements shall continue to be performed by the parties thereto
according to the terms of the agreements.
SEC. 3. OPERATION.
(a) Conformity to Historic Operations.--The power component and
facilities of the Project shall be operated in substantial conformity
with the historic operations of the power component and facilities
(including recent operations in a peaking mode).
(b) Power Marketing.--
(1) Under existing agreements.--The Districts shall be
bound by the agreements between the Bureau of Reclamation and
the Western Area Power Administration in existence on the date
of enactment of this Act, which provide for the marketing of
power generated by the power component of the Project as part
of the output of the Salt Lake City Area Integrated Projects
under the Post 1989 Operating Criteria, until those agreements
expire or are terminated.
(2) After expiration of existing agreements.--
(A) In general.--After the agreements described in
paragraph (1) expire or are terminated, except as
provided in subparagraph (B), the Districts shall
provide all power produced by the power component of
the Project to the Western Area Power Administration at
a rate that--
(i) is sufficient to provide for the annual
debt service, cost of capital, and operation
(including maintenance and replacement) of the
Project; and
(ii) is determined in a manner that is
consistent with the principles and assumptions
followed by the Western Area Power
Administration as of the date of enactment of
this Act in its annual power repayment study
for the Project.
(B) Unacceptable rate.--If the Western Area Power
Administration declines to market the power at a rate
described in subparagraph (A), or if the rate at which
the power would be marketed by Western Area Power
Administration would not provide sufficient revenue to
enable the Districts to recoup their cost of capital
and operate, maintain, and replace the power component
of the Project in accordance with sound engineering
practices, the Districts may sell the power to entities
other than the Western Area Power Administration.
(c) License.--The Districts are by this Act granted a license under
the Federal Power Act (16 U.S.C. 791a et seq.) for the operation of the
Project in accordance with the requirements of section 2(c), for a
period of 40 years after the date of conveyance of the Project, after
which period the license may be renewed in accordance with applicable
law.
SEC. 4. INAPPLICABILITY OF NEPA.
The conveyance of the Project does not constitute a major Federal
action within the meaning of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (including regulations issued under that
Act).
SEC. 5. INAPPLICABILITY OF PRIOR AGREEMENTS AND OF FEDERAL RECLAMATION
LAWS.
On conveyance of the Project to the Districts--
(1) the Repayment Contract dated May 27, 1957, as amended
April 12, 1962, between the Collbran Conservancy District and
the United States, and the Contract for Use of Project
Facilities for Diversion of Water dated January 11, 1962, as
amended November 10, 1977, between the Ute Water Conservancy
District and the United States, shall be terminated and of no
further force or effect; and
(2) the Project shall no longer be subject to or governed
by the Federal reclamation laws.
SEC. 6. LIABILITY.
(a) Districts.--The Districts shall be liable for all acts or
omissions relating to the operation and use of the Project that occur
subsequent to the conveyance.
(b) United States.--The United States shall retain any liability
that exists under any law for latent defects in the Project. | Directs the Secretary of the Interior, within 90 days after the enactment of this Act, to convey to the Ute Water Conservancy District and the Collbran Conservancy District (districts) all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the districts of the net present value of outstanding repayment obligations of the districts; (2) deposit into the Treasury of such payment and authorized uses of such deposits; (3) Project operation and use by the districts for 40 years; (4) a required annual plan from the districts for operation of the Project during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area.
Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the districts for Project operation.
Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance.
Makes the districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Holds the United States liable for latent Project defects. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to convey the Collbran Reclamation Project, Colorado, to the Ute Water Conservancy District and the Collbran Conservancy District, and for other purposes."} | 1,915 | 339 | 0.538348 | 1.918298 | 0.682802 | 3.06734 | 5.905724 | 0.919192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation in Offshore Leasing
Act''.
SEC. 2. INTERNET-BASED OFFSHORE OIL AND GAS LEASE SALES.
(a) Authorization.--Section 8 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337) is amended by adding at the end the following:
``(q) Internet-Based Oil and Gas Lease Sales.--
``(1) In general.--In order to modernize the Nation's
offshore leasing program to ensure the best return to the
Federal taxpayer, reduce fraud, and ensure a fair and
competitive leasing process, the Secretary may conduct lease
sales under this section through Internet-based, sealed-bidding
methods.
``(2) Sale requirements.--Sales conducted under paragraph
(1) shall ensure--
``(A) a publicly and freely accessible digital
delivery of the bid reading process, such as live
Internet streaming, and an option for bidders to submit
bids electronically;
``(B) a bidder verification process that discloses
to bidders, by no later than 5 p.m. Central Time of the
day before each sale, a list of all bids submitted
(including the person submitting each bid) on each
lease tract without disclosing bid amounts;
``(C) the ability for a bidder to correct a
possible misreading of a submitted bid;
``(D) a designee from within the Office of the
Solicitor of the Department of the Interior to act as
an independent, third-party observer who will be
present during the bid reading process to prevent
wrongdoing, independently certify the bidding process,
and maintain transparency;
``(E) data security measures to ensure bidder data
is kept secure; and
``(F) a participant survey soliciting voluntary
feedback from bidders on the bidding process.
``(3) Transparency in sale-day statistics.--
``(A) Requirement.--The Secretary shall publicly
disclose statistical data regarding each lease sale
under this subsection, on the day the sale is executed.
``(B) Included data.--Among data disclosed, the
Secretary shall include--
``(i) the total value of high bids;
``(ii) the number of tracts offered;
``(iii) the number of acres offered;
``(iv) the number of tracts receiving bids;
``(v) the number of acres receiving bids;
``(vi) the total number of bids;
``(vii) the average number of bids per
tract;
``(viii) the total number of bidders
participating;
``(ix) bidding statistics by water depth;
``(x) the name of the entity that submitted
each bid, the amount of the bid, and the tract
for which the bid was submitted;
``(xi) of tracts receiving bids, the number
of bids per tract by water depth;
``(xii) the tract receiving the greatest
number of bids;
``(xiii) the tract receiving the highest
bid; and
``(xiv) any other statistical data that may
be disclosed in accordance with this Act.
``(C) Data transparency.--The Secretary shall
ensure all data regarding lease sales under this
subsection is publicly available and easily accessible,
free of charge, on the Internet, including for download
and aggregation in machine-readable format.''.
(b) Modernizing Leasing Through Collaboration.--
(1) In general.--Before conducting the first Internet-based
lease sale under the amendment made by this section, the
Secretary of the Interior shall issue a request for information
from each company present for bidding at the ten most recent
oil and gas lease sales conducted by the Secretary under the
Outer Continental Shelf Lands Act, in order to provide the
bidding public sufficient opportunity to share innovative
ideas, methods, and concerns regarding Internet-based leasing.
(2) Integration of information.--The Secretary shall
review, evaluate, and integrate suggestions and concerns
collected under paragraph (1) as the Secretary works to
modernize the offshore leasing process through Internet-based
leasing options.
(3) User workshop.--The Secretary shall conduct not less
than one user workshop with viable bidders prior to conducting
an Internet-based lease sale to provide the bidding public with
an opportunity to beta test any prototype of an Internet-based
leasing platform.
(c) Deadline for Gulf of Mexico Lease Sale.--Not later than 18
months after the date of the enactment of this Act, the Secretary of
the Interior shall conduct at least one Internet-based lease sale under
the amendment made by subsection (a) for leasable acreage in the Gulf
of Mexico.
(d) Evaluating Internet-Based Offshore Leasing.--Not later than 90
days after the third Internet-based lease sale conducted under the
amendment made by subsection (a), the Secretary of the Interior shall
analyze all such Internet-based lease sales and transmit to Congress a
thorough analysis of the sales. The analysis shall include--
(1) estimates of increases or decreases in such lease
sales, compared to sales conducted by non-Internet-based
bidding, in--
(A) the number of bidders;
(B) the average amount of bids;
(C) the highest bid; and
(D) the lowest bid;
(2) an estimate of the total cost or savings to the
Department of the Interior as a result of such sales, compared
to sales conducted by non-Internet-based bidding;
(3) voluntary and anonymous feedback from persons
participating in such sales, on the Internet-based leasing
process and potential areas for improvement in such sales; and
(4) an evaluation of the demonstrated or expected
effectiveness of different structures for lease sales that may
provide an opportunity to better maximize bidder participation,
ensure the highest return to the Federal taxpayers, minimize
opportunities for fraud or collusion, and ensure the security
and integrity of the leasing process.
Passed the House of Representatives September 6, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Innovation in Offshore Leasing Act (Sec. 2)This bill amends the Outer Continental Shelf Lands Act to authorize the Bureau of Ocean Energy Management (BOEM)to conduct offshore oil and gas lease sales through Internet-based bidding methods. Before conducting any Internet-based sale, BOEM is required to gather information from each company present for bidding at the 10 most recent oil and gas lease sales conducted under the Outer Continental Shelf Lands Act. The information is designed to provide the bidding public sufficient opportunity to share ideas, methods, and concerns regarding Internet-based leasing. All Internet-based sales must meet certain requirements and BOEM shall publicly disclose statistical data regarding any sale on the day the sale is executed. Additionally, BOEM must conduct at least one Internet-based lease sale in the Gulf of Mexico Outer Continental Shelf Region within 18 months. BOEM must also provide a report to Congress within 90 days after it conducts a third Internet-based lease sale. | {"src": "billsum_train", "title": "Innovation in Offshore Leasing Act"} | 1,339 | 205 | 0.631575 | 2.018566 | 0.924077 | 3.95 | 6.983333 | 0.838889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Employment
and Economic Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Americans' commitment to economic participation has
been a defining feature of the cultural fabric of the United
States, helping individuals feel positive about themselves,
develop independence, and maintain hope for the future.
(2) During the recession that began in December 2007, more
than 8.7 million jobs were lost. The scope of the economic
downturn was so large that its impact was felt almost
everywhere along the economic spectrum, and continues to be
felt in many communities across the Nation.
(3) As Americans lose their jobs and their incomes shrink,
too often, they also face the loss of their family's health
insurance and, subsequent to the loss of income, even their
housing.
(4) Research has shown that people who have experienced
home-foreclosure are at risk for severe depressive symptoms and
increased risk for mental illness. In a 2009 study from the
American Journal of Public Health, more than 37 percent of
people going through foreclosure met criteria for ``major
depression''.
(5) The loss of a job and the subsequent loss of income,
insurance, and other benefits from that job have been proven to
not only lead to increased stress but also be substantial
triggers for mental health disorders including depression and
anxiety.
(6) Calls to the National Suicide Prevention Lifeline
increased by more than 72 percent from 2007 to 2010.
(7) According to the Bureau of Labor Statistics, the
unemployment rate hovered between 8.9 and 10 percent from April
2009 to October 2011, peaking at 10.0 percent in October 2009.
By October 2009, the number of unemployed persons had reached
nearly 15.4 million, and has yet to fall below 11 million.
(8) The number of long-term unemployed workers (those
jobless for 27 weeks or more) was 6.2 million in September
2011, an increase of 426 percent since the beginning of the
recession in 2007. In August 2013, 4.3 million Americans were
classified as long-term unemployed.
(9) According to an American Psychological Association
September 2010 report, money (76 percent), work (70 percent)
and the economy (65 percent) remained the most frequently cited
sources of stress for Americans at the height of the recession.
A recent report from February 2013 found that even as the
economy improves, these factors are relatively unchanged. Money
(69 percent), work (65 percent), and the economy (61 percent)
remain high sources of stress for Americans.
(10) According to the same 2010 American Psychological
Association report, job stability rose as a source of stress.
Nearly half (49 percent) of adults reported that job stability
was a source of stress in 2010, compared to 44 percent in 2009.
During the same time period, fewer Americans were satisfied
with the ways their employer helped them balance work and non-
work demands (36 percent compared to 42 percent in 2009).
(11) Research shows that time flexible work policies are
associated with less stress, fewer absences from work, and more
employer loyalty.
(12) Since March 2010, 7.5 million private-sector jobs have
been created in 42 straight months of job growth. During the
same time period, the unemployment rate has fallen from 9.9
percent to 7.2 percent. The Congressional Budget Office
projects that the unemployment rate will not fall below 6
percent until the end of 2016, and will remain above 5 percent
through 2023.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Employment and Economic Security''.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the issues of economic and psychological
insecurity of members of the United States workforce caused by
employment displacement;
(2) gather data on the relationship between psychological
stress caused by employment insecurity and economic insecurity,
the increase in mental health disorders including clinical
depression and anxiety in the United States, and increased
violence by employees and former employees in the workplace and
in their private lives;
(3) analyze the psychological impact of increased workplace
responsibilities and stress on current workers due to
downsizing, and the role of workplace flexibility policies in
alleviating stress on these remaining workers;
(4) examine the economic and psychological effects of the
decreasing number of well-paid jobs on members of the United
States workforce and their families;
(5) analyze whether measures may be taken to reduce said
economic and psychological effects; and
(6) recommend potential solutions, including
recommendations for legislative and administrative action, to
alleviate the problems of economic and psychological insecurity
of members of the United States workforce.
SEC. 5. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 17
members, with expertise in research methods or statistics, who shall be
appointed as follows:
(1) Nine individuals appointed by the President, of which--
(A) 2 members shall be individuals who represent
labor organizations, as defined by section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5));
(B) 2 members shall be individuals who represent
business interests;
(C) 2 members shall be individuals who represent
mental health interests; and
(D) 3 members shall be individuals who represent
relevant Federal agencies.
(2) Two individuals appointed by the Speaker of the House
of Representatives.
(3) Two individuals appointed by the minority leader of the
House of Representatives.
(4) Two individuals appointed by the majority leader of the
Senate.
(5) Two individuals appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall be experts in the fields of
labor, employment, economics, and psychology.
(2) Political affiliation.--Political affiliation shall not
be a factor in the appointment of members.
(c) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 90 days after the date of enactment of
this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(f) Basic Pay.--Members shall serve without pay.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(i) Chairperson.--
(1) In general.--The Chairperson of the Commission shall be
elected by the members not later than 30 days after the date on
which all of the original members of the Commission have been
appointed.
(2) Presidential appointment.--If the members of the
Commission are unable to elect the Chairperson in accordance
with paragraph (1), the President shall appoint a member of the
Commission to be the Chairperson.
(j) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 6. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(d) Mail.--The Commission may use the United States mail in the
same manner and under the same conditions as other Federal departments
and agencies.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
purpose of part V of title 18, United States Code (relating to immunity
of witnesses).
(g) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter described in
paragraphs (1) through (3) of section 4.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(h) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 8. REPORT OF COMMISSION.
Not later than 1 year after the date on which all original members
have been appointed to the Commission, the Commission shall transmit to
the President and Congress a report that contains a detailed statement
of the findings and recommendations of the Commission made pursuant to
section 4.
SEC. 9. TERMINATION OF COMMISSION.
(a) Termination.--The Commission shall terminate 60 days after the
date of submission of the report pursuant to section 8.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,000,000
for fiscal year 2012 for use in the development and implementation of
plans under this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) are authorized to remain available until expended. | National Commission on Employment and Economic Security Act - Establishes the National Commission on Employment and Economic Security to: (1) examine the effects of economic and psychological insecurity caused by employment displacement and the decreasing number of well-paid jobs on U.S. workers and their families; and (2) recommend to the President and Congress potential solutions, including legislative and administrative action, to alleviate such problems. | {"src": "billsum_train", "title": "National Commission on Employment and Economic Security Act"} | 2,552 | 80 | 0.386502 | 1.104764 | 0.634326 | 3.92 | 32.106667 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Administration Fair
Labor Management Act of 2007''.
SEC. 2. IMPASSE PROCEDURES.
(a) Mediation.--Section 40122(a)(2) of title 49, United States
Code, is amended by striking the second sentence and all that follows
and inserting the following: ``If the services of the Federal Mediation
and Conciliation Service do not lead to an agreement, the provisions of
subsection (j) shall apply.''.
(b) Impasse Procedures.--Section 40122 of title 49, United States
Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Impasse Procedures.--
``(1) Certification of negotiation impasse.--If the
Administration and the exclusive bargaining representatives of
employees of the Administration participate in a mediation
process of the Federal Mediation and Conciliation Service with
respect to a negotiation under subsection (a) and the Service
is unable to resolve a negotiation impasse between the
parties--
``(A) the Service shall issue a written
certification of the negotiation impasse; and
``(B) not later than 60 days following the date of
issuance of the written certification, the parties of
the negotiation shall request the Federal Service
Impasses Panel described in section 7119 of title 5 to
consider the matter.
``(2) Authority of federal service impasses panel.--If a
negotiation impasse is presented to the Panel under this
subsection, the Panel shall investigate and consider the
matter, and take actions with respect to the matter, using the
authorities of the Panel under section 7119 of title 5 and
regulations issued to carry out such section.
``(3) Factors.--In providing assistance to resolve a
negotiation impasse presented to the Panel under this
subsection, the Panel, or any private arbitrator selected
pursuant to section 7119(b)(2) of title 5, shall take into
consideration, to the extent relevant to the matter and in
addition to any other relevant factors, the following:
``(A) The wages, hours, and conditions of
employment of the employees involved in the impasse
proceeding as compared to the wages, hours, and
conditions of employment of--
``(i) employees performing similar
services;
``(ii) employees in positions requiring
similar skills and working under similar
conditions; and
``(iii) other employees generally in public
and private employment in comparable
communities.
``(B) The overall compensation paid to the
employees involved in the impasse proceeding,
including--
``(i) direct wage compensation;
``(ii) overtime and premium pay;
``(iii) vacations, holidays, and other
excused time;
``(iv) insurance, pensions, medical, and
hospitalization benefits; and
``(v) all other benefits received.
``(C) The financial ability of the Administration
to pay, as determined after review of the
Administration's current and preceding fiscal year
budgets for salaries, operations, and maintenance.
``(D) Changes in the average consumer prices for
goods and services, commonly known as the cost of
living.
``(E) The peculiarities of the employment of the
employees involved in the impasse proceeding as
compared to employees in other trades and professions,
including hazards of employment, physical
qualifications, educational qualifications, mental
qualifications, and job training and skills.
``(F) The terms of collective agreements negotiated
between the parties involved in the impasse in the past
providing for compensation and benefits, including the
provisions for--
``(i) salary, insurance, and retirement
benefits;
``(ii) medical and hospitalization
benefits; and
``(iii) paid time off.
``(G) The impact of each proposal for resolving the
impasse on--
``(i) the interests and welfare of the
public;
``(ii) the continued provision of services
to the public;
``(iii) the compensation and benefits of
other employee groups and bargaining units of
the Administration; and
``(iv) the air traffic control
modernization efforts of the Administration.
``(H) Such other factors as are normally and
customarily considered in determining compensation,
benefits, and other conditions of employment in
proceedings conducted by the Panel.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall apply to changes described in
section 40122(a)(1) of title 49, United States Code, being negotiated
or in impasse on or after May 31, 2007. | Federal Aviation Administration Fair Labor Management Act of 2007 - Requires, after May 31, 2007, that where the services of the Federal Mediation and Conciliation Service have led to an impasse between the Federal Aviation Administration (FAA) and its employees in reaching an agreement with respect to the implementing of proposed changes to the FAA personnel management system: (1) the Service issue a written certification of such impasse; and (2) the negotiating parties request the Federal Service Impasses Panel to consider and resolve the matter not later than 60 days after issuance of the certification. (Currently, the FAA Administrator's proposed change shall not take effect until 60 days have elapsed after the Administrator transmits the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such objections, to Congress.) | {"src": "billsum_train", "title": "To amend title 49, United States Code, to facilitate the resolution of disputes between the Administrator of the Federal Aviation Administration and employees of the Administration in the course of collective negotiations."} | 1,017 | 178 | 0.629936 | 1.931806 | 0.776677 | 2.127389 | 6.210191 | 0.789809 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Bridging Industry and Government
Through Hi-Tech Research on Energy Efficiency Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Congress enacted legislation to dramatically increase
Corporate Average Fuel Economy standards (hereafter in this
section referred to as ``CAFE standards''), mandating a fleet-
wide fuel economy of 35 miles per gallon by 2020.
(2) The new CAFE standards represent a 27 percent increase
over current CAFE standards.
(3) The new CAFE standards require Chrysler, Ford, and
General Motors to increase their research and development
investments at an estimated cost of $85,000,000,000.
(4) Chrysler, Ford, and General Motors currently invest a
total of approximately $16,000,000,000 each year to research
and develop safer, more efficient, and alternatively fueled
automobiles.
(5) Chrysler, Ford, and General Motors employ more than
65,000 Americans to research and develop new technologies.
(6) These required investments will place a large cost
burden on an already struggling industry, representing an
estimated additional $7,000,000,000 per year above current
research and development investments.
(7) Investments of finite funds in new energy efficiency
initiatives should not detract from current investments in
improved vehicle safety technology.
(8) Energy availability is a national security issue of the
utmost importance.
(9) A significant portion of United States energy use comes
from imported petroleum products from unstable regions.
(10) Clean diesel technology is a more efficient way to
utilize petroleum products to reduce emissions in the short-
term while alternative energy sources are developed.
(11) Harmonization of biodiesel composition standards will
enable more widespread use of clean diesel technology
throughout the country.
(12) Electric vehicle propulsion can help reduce dependence
on petroleum-based energy.
(13) Energy storage is critical in making electric vehicles
commercially viable.
(14) Technical challenges remain before adequate energy
storage for electric vehicles becomes a reality.
(15) There is no current domestic production of advanced
battery technology applicable to hybrid or electric vehicles.
(16) Domestic research, development, demonstration, and
production of advanced battery and electric vehicle technology
will create many high-paying jobs.
(17) Hydrogen fuel cell vehicles represent the long-term
goal of nearly emission-free transportation.
(18) Increased availability of hydrogen fuel is crucial to
increase the viability of leap-ahead hydrogen vehicle
technology.
(19) The United States Government currently invests Federal
funds across numerous agencies into research and development of
advanced fuel and efficiency enhancing technology, spending
approximately $400,000,000 in fiscal year 2007 and
approximately $1,100,000,000 in fiscal year 2008.
(20) Expanding and coordinating these currently disparate
efforts would yield greater gains in the development of viable
efficient alternative fuel technologies.
(21) The Federal Government can and should concert its
efforts in order to adequately provide relief from the large
cost burden placed on the auto industry by requiring extensive
research and development of advanced technology.
SEC. 3. ADVANCED BATTERY RESEARCH AND DEVELOPMENT.
(a) Definition.--For purposes of this section, the term ``battery''
means an electrochemical energy storage system powered directly by
electrical current.
(b) Research and Development Grant Program.--
(1) In general.--The Secretary of Energy shall establish a
program for making grants to National Laboratories and
institutions of higher education for research, development, and
demonstration of high-efficiency advanced battery technologies.
Such grants may be used for--
(A) exploratory research;
(B) battery system devlopment;
(C) vehicle technology demonstration and
validation; and
(D) United States advanced battery production
capability development.
(2) Priority consideration.--In awarding grants under this
section, the Secretary of Energy shall give priority
consideration to National Laboratories and institutions of
higher education that partner with original equipment
maunfacturers of vehicles that will use the high-efficiency
advanced battery technologies being researched, developed, or
demonstrated.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy for carrying out this section
$150,000,000 for each of the fiscal years 2009 through 2013.
SEC. 4. RESEARCH AND DEVELOPMENT TAX CREDIT.
(a) Permanent Extension.--Section 41 of the Internal Revenue Code
of 1986 (relating to credit for increasing research activities) is
amended by striking subsection (h).
(b) Refundability.--Section 41 of such Code, as amended by
subsection (a), is amended by adding at the end the following new
subsection:
``(h) Portion of Credit Treated as Refundable.--
``(1) In general.--For purposes of this title, so much of
the credit which would be allowed under this section for any
taxable year (determined without regard to this subsection)
that is attributable to expenditures for technology designed to
meet Corporate Average Fuel Economy standards shall be treated
as allowed under subpart C and not under this section.
``(2) Special rule for partnerships.--In the case of a
partnership that elects to have this subsection apply--
``(A) paragraph (1) shall apply at the partnership
level (and not at the partner level),
``(B) the amount of the credit determined under
paragraph (1) shall be treated as an overpayment of
tax,
``(C) the partnership shall be treated as the
person who made the overpayment of tax, and the
Secretary shall refund the amount of such overpayment
to the partnership, and
``(D) the amount of credits under this section that
would otherwise be separately stated to the partners of
the partnership pursuant to section 702(a) shall be
reduced by the amount determined under paragraph
(1).''.
(c) Conforming Amendment.--Section 45C(b)(1) of such Code is
amended by striking subparagraph (D).
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007.
SEC. 5. INTERAGENCY GROUP ON CAFE STANDARDS.
(a) Establishment and Membership.--
(1) In general.--There is established an Interagency
Working Group on Corporate Average Fuel Economy Standards
comprised of 1 representative of the following:
(A) the Departments of Agriculture, Commerce,
Defense, Energy, Interior, Labor, and Transportation,
appointed by the respective Secretaries of such
Departments;
(B) the Environmental Protection Agency, appointed
by the Administrator of such agency;
(C) the National Science Foundation and the Office
of Management and Budget, appointed by the respective
Directors of such agencies;
(D) 3 representatives of the automobile
manufacturing industry, appointed by the President; and
(E) members representing such additional Federal
agencies as the President shall appoint.
(2) Chairperson.--The Interagency Working Group established
under subsection (a)(1) shall be chaired by the representative
of the Department of Defense, the Department of Energy, the
Department of Transportation, the Department of Commerce, or
the Environmental Protection Agency, as determined by the
membership. The chairperson shall serve for a term of 1 year.
(b) Purpose and Duties.--
(1) Purpose.--The purpose of the Interagency Working Group
is to ensure Federal agencies' work to research and develop
advanced fuel technology is coordinated and concerted in order
to increase vehicle fuel efficiency and reduce emissions.
(2) Duties.--The Interagency Working Group established
under subsection (a)(1) shall--
(A) meet not less than 4 times annually to examine
the status of efforts by auto companies to meet the
corporate automobile fuel economy standards required
under section 32902 of title 49, United States Code;
(B) propose policy recommendations for solutions to
meet such standards;
(C) formulate a recommended budget for all Federal
spending on research and development of advanced fuel
technologies and submit such recommended budget to the
President and to Congress;
(D) review agency priorities and technical issues
for Federally funded technology research and
development;
(E) promote communications among the government,
private sector, and academia on research and
development requirements and programs; and
(F) submit a report of its activities to Congress
annually.
SEC. 6. HARMONIZATION OF BIOFUELS PRODUCTION STANDARDS.
(a) In General.--The Administrator of the Environmental Protection
Agency shall work with national and international standard setting
organizations, along with other government organizations, to harmonize
standards for the production of biofuels from a variety of feedstocks
and the blending of such fuels with petroleum-based fuels at various
concentrations.
(b) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Administrator of
the Environmental Protection Agency shall transmit to the Congress a
report on progress made under subsection (a).
SEC. 7. HYDROGEN FUELING PUMPS.
(a) Grant Program.--The Secretary of Transportation shall establish
a program for making grants with the goal of establishing at least 100
publicly available hydrogen fueling pumps at retail gas stations by
2013 in at least 2 selected regions.
(b) Required Contribution.--As a condition of receiving a grant
under subsection (a), the owner or operator of a gas station shall be
required to contribute, or obtain funding from a State or local
government entity for, at least 10 percent of the cost of the hydrogen
fueling pump.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for carrying out this
section $50,000,000 for each of the fiscal years 2009 through 2013.
SEC. 8. FEDERAL ACQUISITION OF HYDROGEN FUEL CELL VEHICLES.
There are authorized to be appropriated to the Administrator of the
General Services Administration for the acquisition of hydrogen fuel
cell vehicles for use by Federal agencies $50,000,000 for each of the
fiscal years 2012 through 2014. | New Bridging Industry and Government Through Hi-Tech Research on Energy Efficiency Act of 2008 - Requires the Secretary of Energy to establish a program for making grants to National Laboratories and institutions of higher education for research, development, and demonstration of high-efficiency advanced battery technologies. Allows such grants to be used for: (1) exploratory research; (2) battery system development; (3) vehicle technology demonstration and validation; and (4) U.S. advanced battery production capability development.
Defines "battery" to mean an electrochemical energy storage system powered directly by electrical current.
Requires the Secretary to give priority consideration to National Laboratories and institutions of higher education that partner with original equipment manufacturers of vehicles that will use the technologies.
Amends the Internal Revenue Code to extend and revise the credit for increasing research activities.
Establishes an Interagency Working Group on Corporate Average Fuel Economy Standards to ensure that federal agencies' work to research and develop advanced fuel technology is coordinated and concerted in order to increase vehicle fuel efficiency and reduce emissions.
Requires the Administrator of the Environmental Protection Agency (EPA) to work with national and international standard setting organizations to harmonize standards for the production of biofuels from a variety of feedstocks and the blending of such fuels with petroleum-based fuels at various concentrations.
Requires the Secretary of Transportation to establish a program for making grants with the goal of establishing at least 100 publicly available hydrogen fueling pumps at retail gas stations by 2013 in at least two selected regions.
Authorizes funds to be appropriated to the Administrator of the General Services Administration (GSA) for the acquisition of hydrogen fuel cell vehicles for use by federal agencies for each of FY2012-FY2014. | {"src": "billsum_train", "title": "To provide for the coordination of efforts in the development of viable efficient alternative fuel technologies."} | 2,123 | 371 | 0.544265 | 1.841722 | 0.830062 | 5.947531 | 6.237654 | 0.935185 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Homeland Security Agency
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The security of the United States homeland from
nontraditional and emerging threats must be a primary national
security mission of the United States Government. Attacks
against United States citizens on United States soil, possibly
causing heavy casualties, are likely during the next quarter
century, as both the technical means for carrying out such
attacks, and the array of actors who might use such means, are
proliferating despite the best efforts of United States
diplomacy.
(2) Attacks on United States soil may involve weapons of
mass destruction and weapons of mass disruption. As porous as
United States physical borders are in an age of burgeoning
trade and travel, its cyber borders are even more vulnerable,
and the critical infrastructure upon which so much of the
United States economy depends can now be targeted by
governments as well as individuals. The preeminence of the
United States makes it more appealing as a target, while its
openness and freedoms make it more vulnerable.
(3) Despite the serious threat to homeland security, the
United States Government has not yet adopted homeland security
as a primary national security mission. Its structures and
strategies are fragmented and inadequate. The assets and
organizations that now exist for homeland security are
scattered across more than two dozen departments and agencies,
and all 50 States.
(4) Guaranteeing that homeland security is achieved within
a framework of law that protects the civil liberties and
privacy of United States citizens is essential. The United
States Government must improve national security without
compromising established constitutional principles.
(5) A comprehensive strategy and new organizational
structures to prevent and protect against attacks on the United
States homeland, and to respond to such attacks if prevention
and protection should fail, are urgently needed.
(6) Through the National Homeland Security Agency, the
United States Government will improve the planning and
coordination of Federal support to State and local agencies to
rationalize the allocation of resources, enhance readiness in
order to prevent attacks, and facilitate recovery if prevention
fails.
SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECURITY AGENCY.
(a) Establishment.--There is established a National Homeland
Security Agency (hereinafter in this Act referred to as the
``Agency'').
(b) Director.--There shall be at the head of the Agency a Director,
who shall be appointed by the President by and with the advice and
consent of the Senate. The Director shall be compensated at the rate
provided for level I of the Executive Schedule under section 5312 of
title 5, United States Code. The Director shall serve as an advisor to
the National Security Council.
(c) Duties.--The duties of the Director shall be the following:
(1) To plan, coordinate, and integrate those United States
Government activities relating to homeland security, including
border security and emergency preparedness, and to act as a
focal point regarding natural and manmade crises and emergency
planning.
(2) To work with State and local governments and executive
agencies in protecting United States homeland security, and to
support State officials through the use of regional offices
around the country.
(3) To provide overall planning guidance to executive
agencies regarding United States homeland security.
(4) To conduct exercise and training programs for employees
of the Agency and establish effective command and control
procedures for the full range of potential contingencies
regarding United States homeland security, including
contingencies that require the substantial support of military
assets.
(5) To annually develop a Federal response plan for
homeland security and emergency preparedness.
SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO
AGENCY.
The authorities, functions, personnel, and assets of the following
entities are hereby transferred to the Agency:
(1) The Federal Emergency Management Agency, the ten
regional offices of which shall be maintained and strengthened
by the Agency.
(2) The United States Customs Service, which shall be
maintained as a distinct entity within the Agency.
(3) The Border Patrol of the Immigration and Naturalization
Service, which shall be maintained as a distinct entity within
the Agency.
(4) The United States Coast Guard, which shall be
maintained as a distinct entity within the Agency.
(5) The Critical Infrastructure Assurance Office and the
Institute of Information Infrastructure Protection of the
Department of Commerce.
(6) The National Infrastructure Protection Center and the
National Domestic Preparedness Office of the Federal Bureau of
Investigation.
SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.
(a) Establishment of Directorates.--The following staff
directorates are hereby established within the Agency:
(1) Directorate of prevention.--The Directorate of
Prevention, which shall be responsible for the following:
(A) Overseeing and coordinating all United States
border security activities.
(B) Developing border and maritime security policy
for the United States.
(C) Developing and implementing international
standards for enhanced security in transportation
nodes.
(2) Directorate of critical infrastructure protection.--The
Directorate of Critical Infrastructure Protection, which shall
be responsible for the following:
(A) Acting as the Critical Information Technology,
Assurance, and Security Officer of the Agency to
coordinate efforts to address the vulnerability of the
United States to electronic or physical attacks on
critical infrastructure of the United States, including
utilities, transportation nodes, and energy resources.
(B) Overseeing the protection of such
infrastructure and the physical assets and information
networks that make up such infrastructure.
(C) Ensuring the maintenance of a nucleus of cyber
security experts within the United States Government.
(D) Enhancing sharing of information regarding
cyber security and physical security of the United
States, tracking vulnerabilities and proposing improved
risk management policies, and delineating the roles of
various government agencies in preventing, defending,
and recovering from attacks.
(E) Coordinating with the Federal Communications
Commission in helping to establish cyber security
policy, standards, and enforcement mechanisms, and
working closely with the Federal Communications
Commission on cyber security issues with respect to
international bodies.
(F) Coordinating the activities of Information
Sharing and Analysis Centers to share information on
threats, vulnerabilities, individual incidents, and
privacy issues regarding United States homeland
security.
(G) Assuming the responsibilities carried out by
the Critical Infrastructure Assurance Office before the
date of the enactment of this Act.
(H) Assuming the responsibilities carried out by
the National Infrastructure Protection Center before
the date of the enactment of this Act.
(I) Supporting and overseeing the management of the
Institute for Information Infrastructure Protection.
(3) Directorate for emergency preparedness and response.--
The Directorate for Emergency Preparedness and Response, which
shall be responsible for the following:
(A) Carrying out all emergency preparedness and
response activities carried out by the Federal
Emergency Management Agency before the date of the
enactment of this Act.
(B) Assuming the responsibilities carried out by
the National Domestic Preparedness Office before the
date of the enactment of this Act.
(C) Organizing and training local entities to
respond to emergencies and providing State and local
authorities with equipment for detection, protection,
and decontamination in an emergency involving weapons
of mass destruction.
(D) Overseeing Federal, State, and local emergency
preparedness training and exercise programs in keeping
with current intelligence estimates and providing a
single staff for Federal assistance for any emergency
(including emergencies caused by flood, earthquake,
hurricane, disease, or terrorist bomb).
(E) Creating a National Crisis Action Center to act
as the focal point for monitoring emergencies and for
coordinating Federal support for State and local
governments and the private sector in crises.
(F) Establishing training and equipment standards,
providing resource grants, and encouraging intelligence
and information sharing among the Department of
Defense, the Federal Bureau of Investigation, the
Central Intelligence Agency, State emergency management
officials, and local first responders.
(G) Coordinating and integrating activities of the
Department of Defense, the National Guard, and other
Federal agencies into a Federal response plan.
(H) Coordinating activities among private sector
entities, including entities within the medical
community, with respect to recovery, consequence
management, and planning for continuity of services.
(I) Developing and managing a single response
system for national incidents in coordination with the
Department of Justice, the Federal Bureau of
Investigation, the Department of Health and Human
Services, and the Centers for Disease Control.
(J) Maintaining Federal asset databases and
supporting up-to-date State and local databases.
(b) Establishment of Office of Science and Technology.--There is
established in the Agency an Office of Science and Technology, the
purpose of which shall be to advise the Director regarding research and
development efforts and priorities for the directorates established in
subsection (a).
SEC. 6. REPORTING REQUIREMENTS.
(a) Biennial Reports.--The Director shall submit to Congress on a
biennial basis--
(1) a report assessing the resources and requirements of
executive agencies relating to border security and emergency
preparedness issues; and
(2) a report certifying the preparedness of the United
States to prevent, protect against, and respond to natural
disasters, cyber attacks, and incidents involving weapons of
mass destruction.
(b) Additional Report.--Not later than the date that is one year
after the date of the enactment of this Act, the Director shall submit
to Congress a report--
(1) assessing the progress of the Agency in--
(A) implementing the provisions of this Act; and
(B) ensuring the core functions of each entity
transferred to the Agency are maintained and
strengthened; and
(2) recommending any conforming changes in law necessary as
a result of the enactment and implementation of this Act.
SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.
The Director shall establish and maintain strong mechanisms for the
sharing of information and intelligence with United States and
international intelligence entities.
SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.
The Director shall establish procedures to ensure that the
planning, programming, budgeting, and financial activities of the
Agency comport with sound financial and fiscal management principles.
Those procedures shall, at a minimum, provide for the planning,
programming, and budgeting of activities of the Agency using funds that
are available for obligation for a limited number of years.
SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.
The Director shall--
(1) ensure that the Agency complies with all applicable
environmental, safety, and health statutes and substantive
requirements; and
(2) develop procedures for meeting such requirements.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date that is 6 months after the
date of the enactment of this Act. | National Homeland Security Agency Act - Establishes a National Homeland Security Agency. Requires the Agency's Director, who shall serve as an advisor to the National Security Council, to: (1) plan, coordinate, and integrate those U.S. Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices around the country; (3) provide overall planning guidance to such agencies regarding homeland security; (4) establish command and control procedures for potential contingencies, including those that require military assets; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Agency: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Director with regard to research and development efforts and priorities for such directorates.Requires the Director to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities. | {"src": "billsum_train", "title": "To establish the National Homeland Security Agency."} | 2,309 | 341 | 0.601738 | 1.765621 | 0.825128 | 4.770764 | 7.471761 | 0.956811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vessel Repair Enhancement Act of
2009''.
SEC. 2. EXPANSION OF VESSEL CAPITAL CONSTRUCTION FUND.
(a) Amendments to Title 46.--
(1) Qualified vessel.--Paragraph (5) of section 53501(5) of
title 46, United States Code, is amended by striking ``and'' at
the end of subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting a semicolon, and by adding at
the end the following new subparagraphs:
``(C) a vessel--
``(i) documented under the laws of the
United States; and
``(ii) maintained or repaired in a
privately owned shipyard located in the United
States; and
``(D) any floating drydock and related shipyard
infrastructure (including marine railways)--
``(i) located in the United States; and
``(ii) used to build, maintain, or repair
vessels documented under the laws of the United
States.''.
(2) Allowable purpose for fund.--Subsection (b) of section
53503 of title 46, United States Code, is amended by inserting
before the period at the end the following: ``or to provide
maintenance or repair of vessels documented under the laws of
the United States''.
(3) Qualified withdrawals.--Subsection (a) of section 53509
of title 46, United States Code, is amended by striking ``and
is for--'' and all that follows through the period at the end
and inserting the following: ``and is for--
``(1) in the case of a qualified vessel described in
subparagraph (A), (B), or (D) of section 53501(5)--
``(A) the acquisition, construction, or
reconstruction of such a qualified vessel or a barge or
container that is part of the complement of such a
qualified vessel; or
``(B) the payment of the principal on indebtedness
incurred in the acquisition, construction, or
reconstruction of such a qualified vessel or container
that is part of the complement of such a qualified
vessel; or
``(2) in the case of a qualified vessel described in
subparagraph (C) of section 53501(5), maintenance or repairs of
such a qualified vessel.''.
(4) Tax treatment of qualified withdrawals.--
(A) Ordering withdrawals.--Subsection (a) of
section 53510 of title 46, United States Code, is
amended--
(i) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C),
respectively, and by moving such subparagraphs
(as so redesignated) 2 ems to the right,
(ii) by striking ``(a) Order of
Withdrawals.--A qualified withdrawal'' and
inserting the following:
``(a) Order of Withdrawals.--
``(1) In general.--Except as provided in paragraph (2), a
qualified withdrawal'', and
(iii) by adding at the end the following
new paragraph:
``(2) Special rule for certain maintenance and repair
withdrawals.--A qualified withdrawal described in section
53509(a)(2) shall be treated as made--
``(A) first from the ordinary income account;
``(B) second from the capital gain account; and
``(C) third from the capital account.''.
(B) Basis reductions.--Section 53510 of title 46,
United States Code, is amended by adding at the end the
following new subsection:
``(f) No Basis Reduction for Certain Qualified Withdrawals.--
Subsections (b) and (c) shall not apply to qualified withdrawals
described in section 53509(a)(2).''.
(b) Amendments to Internal Revenue Code of 1986.--
(1) Qualified withdrawals.--Paragraph (1) of section
7518(e) of the Internal Revenue Code of 1986 (relating to
purposes of qualified withdrawals) is amended by striking ``but
only if it is for:'' and all that follows through the period at
the end of subparagraph (C) and inserting the following: ``but
only if it is for:
``(A) in the case of a qualified vessel described
in subparagraph (A), (B), or (D) of section 53501(5) of
title 46, United States Code--
``(i) the acquisition, construction, or
reconstruction of such a qualified vessel or a
barge or container that is part of the
complement of such a qualified vessel; or
``(ii) the payment of the principal on
indebtedness incurred in the acquisition,
construction, or reconstruction of such a
qualified vessel or container that is part of
the complement of such a qualified vessel; or
``(B) in the case of a qualified vessel described
in subparagraph (C) of section 53501(5) of title 46,
United States Code, maintenance or repairs of such a
qualified vessel.''.
(2) Tax treatment of qualified withdrawals.--
(A) Ordering withdrawals.--(i) Paragraph (1) of
section 7518(f) of such Code is amended by
redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and moving
such clauses, as so redesignated, 2 ems to the right,
(ii) by striking ``(1) Ordering rule.--Any
qualified withdrawal'' and inserting the following:
``(1) Ordering rule.--
``(A) In general.--Except as provided in
subparagraph (B), any qualified withdrawal'', and
(iii) by adding at the end the following new
subparagraph:
``(B) Special rule for certain maintenance and
repair withdrawals.--A qualified withdrawal described
in subsection (e)(1)(B) shall be treated as made--
``(i) first from the ordinary income
account;
``(ii) second from the capital gain
account; and
``(iii) third from the capital account.''.
(3) Basis reductions.--Subsection (f) of section 7518 of
such Code is amended by adding at the end the following new
paragraph:
``(6) No basis reduction for certain qualified
withdrawals.--Paragraphs (2) and (3) shall not apply to
qualified withdrawals described in subsection (e)(1)(B).''.
(4) Technical amendment.--Subsection (i) of section 7518 of
such Code is amended--
(A) by striking ``section 607(k)'' each place it
appears and inserting ``section 53501'',
(B) by striking ``of the Merchant Marine Act,
1936'' and inserting ``of title 46, United States
Code,'', and
(C) by striking ``as in effect on the date of the
enactment of this section'' and inserting ``as in
effect on the date of the enactment of the Vessel
Repair Enhancement Act of 2009.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Vessel Repair Enhancement Act of 2009 - Expands, for capital construction fund provisions, the definition of "qualified vessel" to include: (1) a vessel documented under U.S. laws and maintained or repaired in a privately owned shipyard in the United States; and (2) any floating dry dock and related shipyard infrastructure (including marine railways) located in the United States and used to build, maintain, or repair U.S.-documented vessels.
Amends federal merchant marine law and the Internal Revenue Code to: (1) allow capital construction funds to be used for maintenance or repair of vessels documented under the laws of the United States; (2) establish the order of withdrawal for purposes of the tax treatment of qualified withdrawals from such funds; and (3) disallow a basis reduction for maintenance or repair withdrawals. | {"src": "billsum_train", "title": "To permit qualified withdrawals from a capital construction fund account for the maintenance or repair of United States-flag vessels provided that the maintenance or repair is performed within the United States."} | 1,652 | 170 | 0.61673 | 1.676633 | 0.85206 | 3.270968 | 9.509677 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Promotion Program Improvement
Act of 1995''.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Declaration of Policy.--The first sentence of section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is
amended--
(1) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(2) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(b) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream
and fresh and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(c) Funding.--
(1) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(A) by designating the first through ninth
sentences as paragraphs (1) through (5) and paragraphs
(7) through (10), respectively;
(B) in paragraph (1) (as so designated), by
striking ``thirty-six'' and inserting ``38'';
(C) in paragraph (2) (as so designated), by
striking ``Members'' and inserting ``Of the members of
the Board, 36 members''; and
(D) by inserting after paragraph (5) (as so
designated) the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The importer
representatives shall be appointed by the Secretary from nominations
submitted by importers under such procedures as the Secretary
determines to be appropriate.''.
(2) Assessment.--Section 113(g) of the Act is amended--
(A) by designating the first through fifth
sentences as paragraphs (1) through (5), respectively;
and
(B) by adding at the end the following new
paragraph:
``(6)(A) The order shall provide that each importer of imported
dairy products shall pay an assessment to the Board in the manner
prescribed by the order.
``(B) The rate of assessment on imported dairy products shall be
determined in the same manner as the rate of assessment per
hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on imports
under subparagraph (B), the value to be placed on imported dairy
products shall be established by the Secretary in a fair and equitable
manner.''.
(3) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person receiving''.
(4) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group comprising 10
percent or more of the number of producers subject to the order, the
Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the amendments
made by section 2 of the Dairy Promotion Program Improvement
Act of 1995; and
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the Secretary
determines that suspension of the application of the amendments is
favored by a majority of the producers voting in the referendum who,
during a representative period (as determined by the Secretary), have
been engaged in the production of milk for commercial use.''.
SEC. 3. PERIODIC REFERENDA.
Section 115(a) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4506(a)) is amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
SEC. 4. PROHIBITION ON BLOC VOTING.
Section 117 of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4508) is amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences. | Dairy Promotion Program Improvement Act of 1995 - Amends the Dairy Production Stabilization Act of 1983 to increase the minimum membership of, and include dairy products importers on, the National Dairy Promotion and Research Board.
Requires importer assessments to the Board.
Establishes periodic producer referenda on continuation of the Dairy Promotion Board.
Prohibits cooperative association bloc voting. | {"src": "billsum_train", "title": "Dairy Promotion Program Improvement Act of 1995"} | 1,194 | 89 | 0.52222 | 1.199944 | 0.7711 | 2.30303 | 16.515152 | 0.787879 |
SECTION 1. DEFINITIONS.
As used in this Act--
(1) ``Secretary'' means the Secretary of the Interior,
acting through the Commissioner of Reclamation;
(2) ``Reclamation'' means the Bureau of Reclamation, United
States Department of the Interior;
(3) ``Fish passage and screening facilities'' means
ladders, collection devices, and all other kinds of facilities
which enable fish to pass through, over, or around water
diversion structures; facilities and other constructed works
which modify, consolidate, or replace water diversion
structures in order to achieve fish passage; screens and other
devices which reduce or prevent entrainment and impingement of
fish in a water diversion, delivery, or distribution system;
and any other facilities, projects, or constructed works or
strategies which are designed to provide for or improve fish
passage while maintaining water deliveries and to reduce or
prevent entrainment and impingement of fish in a water storage,
diversion, delivery, or distribution system of a water project;
(4) ``Federal reclamation project'' means a water resources
development project constructed, operated, and maintained
pursuant to the Reclamation Act of 1902 (32 Stat. 388), and
acts amendatory thereof and supplementary thereto;
(5) ``Non-Federal party'' means any non-Federal party,
including federally recognized Indian tribes, non-Federal
governmental and quasi-governmental entities, private entities
(both profit and non-profit organizations), and private
individuals;
(6) ``Snake River Basin'' means the entire drainage area of
the Snake River, including all tributaries, from the headwaters
to the confluence of the Snake River with the Columbia River;
(7) ``Columbia River Basin'' means the entire drainage area
of the Columbia River located in the United States, including
all tributaries, from the headwaters to the Columbia River
estuary; and
(8) ``Habitat improvements'' means work to improve habitat
for aquatic plants and animals within a currently existing
stream channel below the ordinary high water mark, including
stream reconfiguration to rehabilitate and protect the natural
function of streambeds, and riverine wetland construction and
protection.
SEC. 2. AUTHORIZATION.
(a) In General.--Subject to the requirements of this Act, the
Secretary is authorized to plan, design, and construct, or provide
financial assistance to non-Federal parties to plan, design, and
construct, fish passage and screening facilities or habitat
improvements at any non-Federal water diversion or storage project
located anywhere in the Columbia River Basin when the Secretary
determines that such facilities would enable Reclamation to meet its
obligations under section 7(a)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)) regarding the construction and continued
operation and maintenance of all Federal reclamation projects located
in the Columbia River Basin, excluding the Federal reclamation projects
located in the Snake River Basin.
(b) Prohibition of Acquisition of Land for Habitat Improvements.--
Notwithstanding subsection (a), nothing in this Act authorizes the
acquisition of land for habitat improvements.
SEC. 3. LIMITATIONS.
(a) Written Agreement.--The Secretary may undertake the
construction of, or provide financial assistance covering the cost to
the non-Federal parties to construct, fish passage and screening
facilities at non-Federal water diversion and storage projects or
habitat improvements located anywhere in the Columbia River Basin only
after entering into a voluntary, written agreement with the non-Federal
party or parties who own, operate, or maintain the project, or any
associated lands involved.
(b) Federal Share.--The Federal share of the total costs of
constructing the fish passage and screening facility or habitat
improvements shall be not more than 75 percent.
(c) Non-Federal Share.--
(1) Except as provided in paragraph (4), a written
agreement entered into under subsection (a) shall provide that
the non-Federal party agrees to pay the non-Federal share of
the total costs of constructing the fish passage and screening
facility or habitat improvements.
(2) The non-Federal share may be provided in the form of
cash or in-kind services.
(3) The Secretary shall--
(A) require the non-Federal party to provide
appropriate documentation of any in-kind services
provided; and
(B) determine the value of the in-kind services.
(4) The requirements of this subsection shall not apply to
Indian tribes.
(d) Grant and Cooperative Agreements.--Any financial assistance
made available pursuant to this Act shall be provided through grant
agreements or cooperative agreements entered into pursuant to and in
compliance with chapter 63 of title 31, United States Code.
(e) Terms and Conditions.--The Secretary may require such terms and
conditions as will ensure performance by the non-Federal party, protect
the Federal investment in fish passage and screening facilities or
habitat improvements, define the obligations of the Secretary and the
non-Federal party, and ensure compliance with this Act and all other
applicable Federal, State, and local laws.
(f) Rights and Duties of Non-Federal Parties.--All right and title
to, and interest in, any fish passage and screening facilities
constructed or funded pursuant to the authority of this Act shall be
held by the non-Federal party or parties who own, operate, and maintain
the non-Federal water diversion and storage project, and any associated
lands, involved. The operation, maintenance, and replacement of such
facilities shall be the sole responsibility of such party or parties
and shall not be a project cost assignable to any Federal reclamation
project.
SEC. 4. OTHER REQUIREMENTS.
(a) Permits.--The Secretary may assist a non-Federal party who
owns, operates, or maintains a non-Federal water diversion or storage
project, and any associated lands, to obtain and comply with any
required State, local, or tribal permits.
(b) Federal Law.--In carrying out this Act, the Secretary shall be
subject to all Federal laws applicable to activities associated with
the construction of a fish passage and screening facility or habitat
improvements.
(c) State Water Law.--
(1) In carrying out this Act, the Secretary shall comply
with any applicable State water laws.
(2) Nothing in this Act affects any water or water-related
right of a State, an Indian tribe, or any other entity or
person.
(d) Required Coordination.--The Secretary shall coordinate with the
Northwest Power and Conservation Council; appropriate agencies of the
States of Idaho, Oregon, and Washington; and appropriate federally
recognized Indian tribes in carrying out the program authorized by this
Act.
SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.
(a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and
Acts amendatory thereof and supplementary thereto, shall not apply to
the non-Federal water projects at which the fish passage and screening
facilities authorized by this Act are located, nor to the lands which
such projects irrigate.
(b) Nonreimbursable and Nonreturnable Expenditures.--
Notwithstanding any provision of law to the contrary, the expenditures
made by the Secretary pursuant to this Act shall not be a project cost
assignable to any Federal reclamation project (either as a construction
cost or as an operation and maintenance cost) and shall be non-
reimbursable and non-returnable to the United States Treasury.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary for the purposes of this Act.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (Reclamation), directly or through financial assistance to non-Federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable Reclamation to meet its obligations under specified Federal law regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. Limits the Federal share to 75 percent of project costs, requiring the non-Federal party to pay the remaining share. Sets forth other limitations and requirements relating to the authority under this Act.
Makes the Reclamation Act of 1902 and other Federal reclamation laws inapplicable to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, and to the lands which such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be non-reimbursable and non-returnable to the U.S. Treasury.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-Federal water projects, and for other purposes."} | 1,755 | 300 | 0.597681 | 1.569885 | 0.891002 | 5.564854 | 6.523013 | 0.945607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Fuel Cell Commercialization
Act of 1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fossil fuels, the main energy source of the present,
have provided this country with tremendous supply but are
limited;
(2) additional research, development, and demonstration are
needed to encourage private sector investment in development of
new and better energy sources and enabling technologies;
(3) hydrogen holds tremendous promise as a fuel because it
can be extracted from water and solid waste, can be burned much
more cleanly than conventional fuels, and is a source of energy
for fuel cells;
(4) inefficiencies in the production of hydrogen are a
major technical barrier to society's collectively benefiting
from one of the great energy carriers of the future;
(5) an aggressive, results-oriented, multiyear research,
demonstration-commercialization initiative on efficient
hydrogen fuel production and use should be fostered and
maintained;
(6) the current Federal effort to develop hydrogen as a
fuel is inadequate; and
(7) there is ready to proceed a demonstration-
commercialization project that--
(A) produces hydrogen from solid and complex waste
for use in fuel cells and uses a 300-kilowatt
photovoltaic facility in existence on the date of
enactment of this Act and a cryoaquatic reservoir as
central parts of a total energy integrated system, with
regeneration on-site; and
(B) will be environmentally beneficial and have the
useful by-products of electric power, heat, fuel for
fuel cells, and pure water.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to direct the Secretary of Energy to conduct a
research, development, and demonstration-commercialization
program leading to the production, storage, transport, and use
of hydrogen for industrial, institutional, residential,
transportation, and utility applications;
(2) to provide advice from academia and the private sector
in the implementation of the Department of Energy's hydrogen
research, development, and demonstration-commercialization
program to ensure that economic benefits of the program accrue
to the United States; and
(3) to provide for the immediate implementation of the
demonstration-commercialization project.
SEC. 4. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Demonstration-commercializaton project.--The term
``demonstration-commercialization project'' means a project
that--
(A) produces hydrogen from solid and complex waste
for use in fuel cells and uses a 300-kilowatt
photovoltaic facility in existence on the date of
enactment of this Act and a cryoaquatic reservoir as
central parts of a total energy integrated system, with
regeneration on-site; and
(B) will be environmentally beneficial and have the
useful by-products of electric power, heat, fuel for
fuel cells, and pure water.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 5. RESEARCH AND DEVELOPMENT.
(a) Authorized Activities.--
(1) In general.--Pursuant to this section, the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act
of 1990 (42 U.S.C. 12401 et seq.), and section 2026 of the
Energy Policy Act of 1992 (42 U.S.C. 13436), and in accordance
with the purposes of this Act, the Secretary shall conduct a
hydrogen energy research, development, and demonstration-
commercialization program relating to production, storage,
transportation, and use of hydrogen, with the goal of enabling
the private sector to demonstrate the feasibility of using
hydrogen for industrial, institutional, residential,
transportation, and utility applications.
(2) Priorities.--In establishing priorities for Federal
funding under this section, the Secretary shall survey private
sector hydrogen activities and take steps to ensure that
activities under this section do not displace or compete with
privately funded hydrogen activities of the United States
industry.
(b) Schedule.--
(1) Solicitation.--Not later than 180 days after the date
of enactment of an Act providing appropriations for programs
authorized by this Act, the Secretary shall solicit proposals
from all interested parties for research and development
activities authorized under this section.
(2) Department facility.--The Secretary may consider, on a
competitive basis, a proposal from a contractor that manages
and operates a department facility under contract with the
Department, and the contractor may perform the work at that
facility or any other facility.
(3) Award.--Not later than 180 days after proposals are
submitted, if the Secretary identifies 1 or more proposals that
are worthy of Federal assistance, the Secretary shall award
financial assistance under this section competitively, using
peer review, when appropriate, of proposals with appropriate
protection of proprietary information.
(c) Cost Sharing.--
(1) Research.--
(A) In general.--Except as provided in subparagraph
(B), in the case of a research proposal, the Secretary
shall require a commitment from non-Federal sources of
at least 25 percent of the cost of the research.
(B) Basic or fundamental nature.--The Secretary may
reduce or eliminate the non-Federal requirement under
subparagraph (A) if the Secretary determines that the
research is purely basic or fundamental.
(2) Development and demonstration.--
(A) In general.--In the case of a development or
demonstration proposal, the Secretary shall require a
commitment from non-Federal sources of at least 50
percent of the cost of development or demonstration.
(B) Technological risks.--The Secretary may reduce
the non-Federal requirement under subparagraph (A) if
the Secretary determines that--
(i) the reduction is necessary and
appropriate considering the technological risks
involved in the project; and
(ii) the reduction is necessary to serve
the purpose and goals of the Act.
(3) Nature of non-federal commitment.--In calculating the
amount of the non-Federal commitment under paragraph (1) or
(2), the Secretary shall include cash and fair market value of
personnel, services, equipment, facilities associated with the
project that are integral to the demonstration-
commercialization, and other resources.
(d) Consultation.--Before financial assistance is provided under
this section or the Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.)--
(1) the Secretary shall determine, in consultation with the
United States Trade Representative and the Secretary of
Commerce, that the terms and conditions under which financial
assistance is provided are consistent with the Agreement on
Subsidies and Countervailing Measures referred to in section
101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C.
3511(d)(12)); and
(2) an industry participant shall be required to certify
that--
(A) the participant has made reasonable efforts to
obtain non-Federal funding for the entire cost of the
project; and
(B) full non-Federal funding could not be
reasonably obtained.
(e) Duplication of Programs.--The Secretary shall not carry out any
activity under this section that unnecessarily duplicates an activity
carried out by another government agency or the private sector.
SEC. 6. DEMONSTRATION-COMMERCIALIZATION PROJECT.
(a) In General.--The Secretary shall assist in the development and
operation of a demonstration-commercialization project.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the development
and operation of the demonstration-commercialization project
shall not exceed 50 percent.
(2) Nature of non-federal share.--In calculating the amount
of the non-Federal share committed to the project, the
Secretary shall include cash and fair market value of,
personnel, services, equipment, existing facilities,
development costs, and other resources associated with the
demonstration-commercialization project.
SEC. 7. TECHNOLOGY TRANSFER.
(a) Exchange.--The Secretary shall foster the exchange of generic,
nonproprietary information and technology developed pursuant to section
5 among industry, academia, and government agencies and establish a
central depository for technical information and technology transfer.
(b) Economic Benefits.--The Secretary shall ensure that economic
benefits of the exchange of information and technology will accrue to
the United States economy.
SEC. 8. REPORTS TO CONGRESS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the Department's hydrogen research and development program.
(b) Contents.--A report under subsection (a) shall include--
(1) an analysis of the effectiveness of the program, to be
prepared and submitted by the Hydrogen Technical Advisory Panel
established under section 108 of the Spark M. Matsunaga
Hydrogen Research, Development, and Demonstration Act of 1990
(42 U.S.C. 12407); and
(2) recommendations of the panel for any improvements in
the program that are needed, including recommendations for
additional legislation.
SEC. 9. COORDINATION AND CONSULTATION.
(a) Coordination With Other Federal Agencies.--The Secretary
shall--
(1) coordinate all hydrogen research and development
activities in the Department with the activities of other
Federal agencies, including the Department of Defense, the
Department of Transportation, and the National Aeronautics and
Space Administration, that are engaged in similar research and
development; and
(2) pursue opportunities for cooperation with those Federal
entities.
(b) Consultation.--The Secretary shall consult with the Hydrogen
Technical Advisory Panel established under section 108 of the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990
(42 U.S.C. 12407) as necessary in carrying out this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) for research, development, and demonstration projects--
(A) $25,000,000 for fiscal year 1997;
(B) $35,000,000 for fiscal year 1998; and
(C) $40,000,000 for fiscal year 1999; and
(2) for the demonstration-commercialization project--
(A) $25,000,000 for fiscal year 1997; and
(B) $25,000,000 for fiscal year 1998. | Hydrogen Fuel Cell Commercialization Act of 1995 - Instructs the Secretary of Energy to conduct a hydrogen energy research, development, and demonstration-commercialization program relating to production, storage, transportation and use of hydrogen, in order to demonstrate its feasibility for industrial, institutional, residential, transportation, and utility applications.
Requires the Secretary to survey private sector hydrogen activities and take steps to ensure that Federal activities do not displace or compete with privately funded hydrogen activities of U.S. industry.
Sets forth a proposal solicitation schedule. Directs the Secretary to require a specified cost-sharing commitment from non-Federal sources. Allows the Secretary to reduce the non-Federal requirement if: (1) necessary and appropriate considering the technological risks involved in the project; and (2) such reduction is necessary to serve the purposes of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (the Act).
Sets as a prerequisite to Federal financial assistance certification by: (1) the Secretary that such assistance is consistent with a specified Agreement on Subsidies and Countervailing Measures approved in the Uruguay Round Agreements Act; and (2) industry participants that they have made reasonable efforts to obtain non-Federal funding for the entire cost of the project, and that such non-Federal funding could not be reasonably obtained. Prohibits the Secretary from implementing activities that unnecessarily duplicate activities implemented elsewhere by either the Federal or private sectors.
Directs the Secretary to assist in the development and operation of a demonstration-commercialization project.
Directs the Secretary to: (1) foster technology transfer activities between the Federal, industrial, and academic sectors; (2) report annually to the Congress; (3) coordinate with other Federal agencies involved in similar hydrogen research activities; and (4) consult with the Hydrogen Technical Advisory Panel established under the Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Hydrogen Fuel Cell Commercialization Act of 1995"} | 2,293 | 409 | 0.582789 | 2.020818 | 0.831504 | 3.681319 | 5.68956 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Synchronization & Nonadherence
Correction (SYNC) Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Between one-half and two-thirds of patients with
chronic diseases in the United States do not take medications
as prescribed.
(2) Low rates of medication adherence result in higher
health care costs, reduced effectiveness of health care
treatments and regimens, negative health effects for patients,
and tens of thousands of deaths on an annual basis.
(3) Medication adherence may be lowest among patients with
chronic diseases.
(4) Improving medication adherence would reduce unnecessary
hospital admissions and emergency room visits.
(5) Nonadherence is estimated to cost the United States
health care system over $100,000,000,000 each year.
(6) Improving medication adherence could improve patient
health outcomes, reduce health care costs, and lead to
productivity gains.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``applicable individual'' means an applicable
individual (as defined in section 1115A(a)(4)(A) of the Social
Security Act, 42 U.S.C. 1315(a)(4)(A)) who has been prescribed
2 or more chronic care medications.
(2) The term ``medication adherence'' means a patient
taking medications according to the prescribed dosage, time,
frequency, and direction.
(3) The term ``medication wastage'' means, with respect to
a medication, a switch of the medication or strength of the
medication within the same therapeutic class that occurs before
the expected refill date.
(4) The term ``persistence'' means the act of continuing
treatment with a medication for the prescribed duration.
(5) The term ``primary nonadherence'' means the failure to
pickup a newly prescribed medication from a pharmacy.
(6) The term ``Secretary'' means the Secretary of Health
and Human Services.
(7) The term ``synchronization'' means the coordination of
medication refills for a patient taking two or more chronic
medications such that the patient's medications are refilled on
the same schedule for a given time period.
SEC. 4. NATIONAL RESEARCH AND REPORTING STRATEGY FOR IMPROVED
MEDICATION ADHERENCE.
(a) In General.--The Secretary of Health and Human Services, acting
through the Agency for Healthcare Research and Quality, the Centers for
Medicare & Medicaid Services, the Health Resources and Services
Administration, the Director of the National Institutes of Health, and
the Director of the Centers for Disease Control and Prevention, and in
coordination with the Patient-Centered Outcomes Research Institute,
shall conduct research and develop information to better inform
decisionmakers regarding medication adherence and medication
persistence, and methods to improve medication adherence and
persistence in Federal health programs.
(b) Activities Included.--The activities described in subsection
(a) shall include development of annual statistics on recommended
medications, the rate of medication adherence, the rate of primary
nonadherence, and the rate of medication persistence for patients with
chronic diseases such as cardiovascular disease, hypertension,
diabetes, autoimmune diseases, chronic obstructive pulmonary disease
(COPD), and mental health conditions treated under the following health
care programs:
(1) Medicare.--The Medicare program under title XVIII of
the Social Security Act.
(2) Medicaid.--The Medicaid program under title XIX of such
Act.
(3) FEHBP.--The Federal Employees Health Benefit Program
under chapter 89 of title 5, United States Code.
(c) Biennial Report on Medication Adherence and Medication
Persistence.--Not later than 2 years after the date of enactment of
this Act (and annually thereafter), the Secretary shall submit to
Congress a report on the statistics collected under subsection (a),
together with recommendations for such legislation and administrative
action to address problems and improve medication adherence and
medication persistence as the Secretary determines appropriate.
SEC. 5. TESTING MODELS FOR IMPROVING MEDICATION ADHERENCE.
(a) In General.--The Secretary shall test innovative health care
delivery models, as described in subsections (b) and (c), to improve
medication adherence and medication persistence, with the goal of
improving health outcomes and decreasing health costs for chronic care
conditions.
(b) Models To Test Efficacy of Synchronization.--
(1) In general.--The model described in this subsection
shall test the efficacy of synchronization of prescription drug
medications for applicable enrollees in improving medication
adherence, determining cost avoidance, and improving outcomes
for those enrollees.
(2) Participation.--An applicable enrollee who is eligible
to participate in the model testing under this subsection shall
participate in the model testing, unless the enrollee elects
not to participate in the model.
(3) Models tested.--The following models of synchronization
shall be tested under this subsection:
(A) Model 1.--Synchronization (synchronization of
prescription drug medications and medication
reconciliation phone calls or electronic communication
with enrollees prior to filling prescriptions).
(B) Model 2.--Synchronization (as described in
subparagraph (A)) and compliance-based packaging.
(C) Model 3.--Synchronization (as described in
subparagraph (A)) and ongoing pharmacist counseling
that shall occur at the patient's request and include
review of the appropriateness of the medication regimen
and any barriers to medication adherence.
(4) Evaluation.--The Secretary shall evaluate the models in
paragraph (3) by collecting and analyzing relevant plan and
enrollee data, including at least the following:
(A) Synchronization enrollment and drop-out rates.
(B) Primary medication nonadherence.
(C) Medication adherence and persistence rates.
(D) Demographic characteristics of applicable
enrollees.
(E) Plan characteristics, such as plan benefit
design.
(F) Impact of the models on applicable enrollees
who are--
(i) eligible for benefits under a State
plan under title XIX of the Social Security; or
(ii) eligible for premium and cost-sharing
subsidies under section 1860D-14(a) of the
Social Security Act (42 U.S.C. 1395w-114(a)).
(G) Prescription drug claims data in comparison to
other medical claims data for applicable enrollees in
order to examine the effect of synchronization and
adherence on overall health spending, including health
care costs avoided, and patient outcomes.
(c) Testing 90-Day Fills at Retail Pharmacies for the First
Prescription.--
(1) In general.--The Secretary shall conduct a
demonstration that compares the use of 90-day first fills of
prescriptions at retail pharmacies or using mail-order for
maintenance medications against 30-day first fills for
applicable enrollees under part D of title XVIII of the Social
Security Act, to determine whether there is an impact on
medication persistence, cost avoidance, and improving outcomes
for those enrollees in subsequent refill periods.
(2) Drugs tested.--The model under this subsection shall
only pertain to first fills for maintenance drugs treating
chronic diseases such as cardiovascular disease, hypertension,
diabetes, autoimmune diseases, chronic obstructive pulmonary
disease (COPD), and mental health conditions.
(3) Evaluation of demonstration by gao.--
(A) Provision of data for evaluation.--The
Secretary shall make available to the Comptroller
General of the United States relevant plan and enrollee
data in order to enable an evaluation of the
demonstration under this subsection under subparagraph
(B).
(B) Evaluation.--Using data made available under
subparagraph (A) and other relevant data, the
Comptroller General of the United States shall evaluate
the demonstration conducted under this subsection. Such
evaluation shall examine the effect of long-term fills
and adherence on overall health spending, including
health care costs avoided, and patient outcome, and
shall examine at least the following in relation to
part D enrollees using 90-day first fills in comparison
with those enrollees using 30-day first fills:
(i) Medication adherence and persistence
rates.
(ii) Cost differentials in pharmacy costs.
(iii) Prescription drug claims data in
comparison to other medical claims.
(iv) Medication wastage (as defined in
section 3).
(C) Report.--The Comptroller General shall submit a
report to the Secretary and Congress on the evaluation
conducted under this paragraph. | Synchronization & Nonadherence Correction (SYNC) Act of 2015 This bill requires the Department of Health and Human Services (HHS) to research and test methods for improving medication adherence. "Medication adherence" refers to the taking of medications according to their prescribed dosage, time, frequency, and direction. Research activities shall include the development of annual statistics related to medication adherence for patients with chronic diseases and mental health conditions treated under Medicare, Medicaid, and the Federal Employees Health Benefit Program. HHS shall implement innovative health care delivery models to test: (1) the efficacy of "synchronization," which refers to the coordination of medication refills such that a patient's medications are refilled according to the same schedule; and (2) 90-day fills at retail pharmacies for the first prescription of maintenance drugs that treat chronic diseases and mental health conditions. | {"src": "billsum_train", "title": "Synchronization & Nonadherence Correction (SYNC) Act of 2015"} | 1,868 | 214 | 0.567765 | 1.692726 | 0.909005 | 3.19375 | 10.425 | 0.86875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Market Certainty and
Mandate Relief Act''.
SEC. 2. COST-SHARING REDUCTION PAYMENTS.
(a) In General.--
(1) Appropriations.--There is appropriated to the Secretary
of Health and Human Services, out of any funds in the Treasury
not otherwise appropriated, such sums as may be necessary for
payments for cost-sharing reductions authorized by section 1402
of Public Law 111-148, including through advanced payment of
such reductions under section 1412 of such Public Law for plan
years 2017, 2018, and 2019 (and including for adjustments to
any prior obligations for such payments).
(2) Adjustments.--Notwithstanding any other provision of
this Act, payments and other actions for adjustments to
obligations incurred prior to December 31, 2019, may be made
through December 31, 2020.
(3) Limitation.--Amounts appropriated under paragraph (1)
shall not include payment to an issuer of a qualified health
plan that includes coverage of abortion (other than any
abortion necessary to save the life of the mother or any
abortion with respect to a pregnancy that is the result of an
act of rape or incest).
(b) Special Rule for Plan Year 2018 Payments.--Section 1402(c) of
Public Law 111-148 (42 U.S.C. 18071(c)) is amended--
(1) in paragraph (3)(A), by striking ``An issuer'' and
inserting ``Subject to paragraph (6), an issuer''; and
(2) by adding at the end the following new paragraph:
``(6) Special rule for plan year 2018 payments.--
``(A) In general.--The Secretary shall make
payments under paragraph (3)(A), including through
advanced payment for cost-sharing reduction under
section 1412, for plan year 2018 to an issuer of a
qualified health plan, subject to subparagraph (C),
only if the Secretary determines, based on a
certification and appropriate documentation from the
issuer and a certification from State regulators, that
the premium rates applied under such plan for such plan
year were based on the assumption of receiving payments
under paragraph (3)(A) for such plan year (including by
reason of the plan being offered in a State in which
the State regulators instructed issuers of health plans
in such State to make such an assumption).
``(B) Recovery of past payments.--If the Secretary
makes payments to an issuer of a qualified health plan
under paragraph (3)(A) for plan year 2018 and
subsequently determines that such issuer increased
premium rates for that plan year because the issuer
expected, or was instructed by applicable State
regulators to expect, that the issuer would not receive
such payments (or, in the case of such payments made to
an issuer of a qualified health plan for plan year 2018
pursuant to subparagraph (C), determines that such
issuer did not reduce premium rates under such plan for
such plan year to such rates as described in clause
(i)(I) of such subparagraph) the Secretary may reduce
payments due to such issuer under paragraph (3)(A) for
a subsequent plan year by the amount paid to such
issuer under such paragraph for plan year 2018.
``(C) Payments allowed in case of issuers in states
providing for premium adjustment process.--
Notwithstanding subparagraph (A), the Secretary may
make payments under paragraph (3)(A) for plan year 2018
to an issuer of a qualified health plan not otherwise
eligible for such payments pursuant to subparagraph (A)
if--
``(i) the qualified health plan is offered
in a State for such plan year for which the
State insurance commissioner notifies the
Secretary of the Treasury and the Secretary of
Health and Human Services of a process provided
for in the State under which--
``(I) issuers of qualified health
plans in such State choosing to
participate in such process are
required to reduce premium rates under
such plans for plan year 2018 to the
rates that would have been applied
under such plans for such plan year had
the issuers assumed payments for cost-
sharing reductions under such paragraph
would be received for such plan year;
and
``(II) the State submits to the
Secretaries information to verify that
the reduction of the premium rate under
a qualified health plan offered by an
issuer participating under such process
satisfies the reduction requirement
described in subclause (I); and
``(ii) the issuer of such qualified health
plan chooses to participate in such process.
``(D) Reconciliation process.--The Secretary of the
Treasury and the Secretary of Health and Human Services
shall adjust the methodologies under section 156.430 of
title 45, Code of Federal Regulations (as in effect on
the date of enactment of the Health Care Market
Certainty and Mandate Relief Act), as may be necessary
to correct for any overpayments or underpayments made
under this section to an issuer in accordance with this
paragraph.''.
SEC. 3. MORATORIUM ON INDIVIDUAL MANDATE.
Section 5000A of the Internal Revenue Code of 1986 is amended--
(1) in subsection (a), by striking ``An applicable'' and
inserting ``Except as provided in subsection (h), an
applicable''; and
(2) by adding at the end the following new subsection:
``(h) Suspension.--This section shall not apply to any month
beginning after December 31, 2016, and before January 1, 2022.''.
SEC. 4. MORATORIUM ON EMPLOYER MANDATE.
Section 4980H of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(e) Suspension.--This section shall not apply to any month
beginning after December 31, 2014, and before January 1, 2018.''.
SEC. 5. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT INCREASED
TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION.
(a) In General.--Subsection (b) of section 223 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Increased limitation.--In the case of any month
beginning after December 31, 2017, and before January 1, 2023--
``(A) paragraph (2)(A) shall be applied by
substituting `the amount in effect under subsection
(c)(2)(A)(ii)(I)' for `$2,250', and
``(B) paragraph (2)(B) shall be applied by
substituting `the amount in effect under subsection
(c)(2)(A)(ii)(II)' for `$4,500'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017. | Health Care Market Certainty and Mandate Relief Act This bill appropriates such sums as necessary to pay through health care plan year 2019 the cost-sharing reductions authorized in the Patient Protection and Affordable Care Act. (A cost-sharing reduction is a discount that lowers the amount an individual pays for deductibles, copayments, and coinsurance; the federal government pays the difference directly to insurers.) The bill excludes payments to insurers that cover abortions other than abortions necessary to save the life of the pregnant woman or abortions of a pregnancy resulting from rape or incest. The bill amends the Internal Revenue Code to suspend for 2017-2021 the individual mandate to maintain minimum health care coverage. The bill suspends the employer health care mandate for 2015-2017, thereby exempting employers from penalties for failing to provide mandated coverage during that time period. The bill increases the monthly contribution limit for health savings accounts through 2022. | {"src": "billsum_train", "title": "Health Care Market Certainty and Mandate Relief Act"} | 1,530 | 231 | 0.48868 | 1.47104 | 0.673369 | 1.589286 | 8.166667 | 0.684524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Safety and Health
Transparency Act of 2006''.
SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL
HEALTH AND SAFETY ACT.
(a) Adoption by OSHA.--The Occupational Health and Safety Act of
1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the
following:
``adoption of nongovernmental standards
``Sec. 6A. (a) Effective on the date of enactment of this section,
the Secretary shall not promulgate or incorporate by reference any
finding, guideline, standard, limit, rule, or regulation based on a
determination reached by any organization, unless the Secretary
affirmatively finds that such determination--
``(1) has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures
whereby it can be determined by the Secretary that persons
interested and affected by the scope or provisions of the
standard have reached substantial agreement on its adoption;
``(2) was formulated in a manner which afforded an
opportunity for diverse views to be considered; and
``(3) has been designated as such a standard by the
Secretary, after consultation with other appropriate Federal
agencies.
Such finding and a summary of its basis shall be published in
the Federal Register and shall be considered a final action
subject to review by a United States District Court in
accordance with section 706 of title 5, United States Code.
``(b) With respect to rulemaking proceedings initiated by the
Secretary but not finalized prior to the date of enactment of this
section, the Secretary shall, within 180 days of the date of enactment
of this section, investigate and identify the use of, influence of, or
reliance upon any finding, guideline, standard, limit or any other
recommendation that has not been made by an organization and procedure
that does not comply with the requirements set forth in subsection (a).
The Secretary shall publish the results of such investigations in the
Federal Register and, in any final rule, standard, or official
recommendation that is prescribed under such proceedings, shall not
incorporate, use, or rely upon any finding, guideline, standard, limit,
or other recommendation that does not comply with the requirements set
forth in subsection (a). The Secretary's actions under this section
shall be subject to review by a United States district court of
appropriate jurisdiction.''.
(b) Approval of State Plans.--Section 18 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end
the following:
``(i) The Secretary shall not approve a State plan under this
section that incorporates by reference any finding, guideline,
standard, limit, rule, or regulation based on a determination reached
by any organization, unless the Secretary determines that the standards
adopted in such plan are standards that--
``(1) have been adopted and promulgated by a nationally
recognized standards-producing organization under procedures
whereby it can be determined by the State that persons
interested and affected by the scope or provisions of such
standards have reached substantial agreement on their adoption;
and
``(2) were formulated in a manner which afforded an
opportunity for diverse views to be considered.''.
SEC. 3. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE FEDERAL MINE
SAFETY AND HEALTH ACT.
Section 101 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 811) is amended by adding at the end the following:
``(f)(1) Effective on the date of enactment of this section, the
Secretary shall not promulgate or incorporate by reference any finding,
guideline, standard, limit, rule, or regulation based on a
determination reached by any organization, unless the Secretary
affirmatively finds that such determination--
``(A) has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures
whereby it can be determined by the Secretary that persons
interested and affected by the scope or provisions of the
standard have reached substantial agreement on its adoption;
``(B) was formulated in a manner which afforded an
opportunity for diverse views to be considered; and
``(C) has been designated as such a standard by the
Secretary, after consultation with other appropriate Federal
agencies.
Such finding and a summary of its basis shall be published in the
Federal Register and shall be considered a final action subject to
review by a United States District Court in accordance with section 706
of title 5, United States Code.
``(2) With respect to rulemaking proceedings initiated by the
Secretary but not finalized prior to the date of enactment of this
subsection, the Secretary shall, within 180 days of the date of
enactment of this subsection, investigate and identify the use of,
influence of, or reliance upon any finding, guideline, standard, limit
or any other recommendation that has not been made by an organization
and procedure that does not comply with the requirements of paragraph
(1). The Secretary shall publish the results of such investigations in
the Federal Register and, in any final rule, standard, or
recommendation that is prescribed under such proceedings, shall not
incorporate, use, or rely upon any finding, guideline, standard, limit,
or other official recommendation that does not comply with the
requirements of paragraph (1). The Secretary's actions under this
section shall be subject to review by a United States district court of
appropriate jurisdiction.''. | Workplace Safety and Health Transparency Act of 2006 - Amends the Occupational Health and Safety Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the Secretary of Labor from promulgating or incorporating by reference, or approving occupational safety and health standards under a state plan that incorporates by reference, any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary finds that such determination: (1) has been promulgated by a nationally recognized standards-producing organization under procedures whereby an opportunity was afforded for diverse views to be considered and whereby interested and affected persons substantial agreed on its adoption; and (2) in the case of a federal standard, has been designated as such a standard by the Secretary. | {"src": "billsum_train", "title": "To amend the Occupational Safety and Health Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the promulgation of safety and health standards that do not meet certain requirements for national consensus standards."} | 1,220 | 175 | 0.668517 | 1.95779 | 0.860036 | 4.590604 | 7.61745 | 0.939597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Doctors of Our Country
through Scholarships Act of 2012'' or the ``RDOCS Act of 2012''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Due to an aging population, the retirement of a
generation of physicians, and 30,000,000 newly insured under
the Patient Protection and Affordable Care Act (Public Law 110-
148), the United States is expected to experience an acute
physician workforce shortage in the coming decades,
particularly in primary care. If unaddressed, this shortage
will compromise the health of the population as well as the
ability of the United States to remain competitive in the
world.
(2) By 2020, the shortage of primary care doctors is
expected to reach 45,000.
(3) The shortage will disproportionately impact rural
communities and underserved urban communities.
(4) The Reserve Officers' Training Corps (ROTC) model of
education and training is a respected and effective way of
meeting the Nation's need for educated and trained officers in
the United States Armed Forces, and can be applied to solving
the Nation's primary care shortage.
(5) There are 10 applicants for each National Health
Service Corps scholarship awarded, indicating the unmet demand
for medical scholarships.
SEC. 3. GRANTS TO STATES FOR RESTORING THE DOCTORS OF OUR COUNTRY
THROUGH SCHOLARSHIPS (RDOCS) PROGRAMS.
Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following:
``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.
``(a) Grants to States.--
``(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall make grants to States for the purpose of
assisting the States in operating a program described in
paragraph (2) (referred to in this section as an `RDOCS
program') in order to provide for the increased availability of
primary health care services in health professional shortage
areas.
``(2) Applications.--To seek a grant under this section, a
State shall submit an application in such form, in such manner,
and containing such agreements, assurances, and information as
the Secretary determines to be necessary to carry out this
section.
``(b) Scholarship Program Described.--An RDOCS program is a program
of entering into contracts between the State involved and an RDOCS
scholar under which--
``(1) the State involved agrees--
``(A) to pay all tuition and costs for the RDOCS
scholar's undergraduate medical education, to the
participating undergraduate medical program, for a
period of study not exceeding 48 consecutive months;
and
``(B) to pay, during such period, a cost-of-living
stipend, in an amount to be determined by the
Secretary, to the RDOCS scholar; and
``(2) the RDOCS scholar agrees--
``(A) to be admitted into and maintain enrollment
in a participating undergraduate medical program in the
RDOCS scholar's State of residence (or if such State of
residence operates no such program, in a participating
undergraduate medical program in a State within an
associated region);
``(B) when enrolled in such program, to maintain a
minimum level (to be determined by the Secretary) of
academic standing;
``(C) to complete an accredited residency training
program in a primary care specialty;
``(D) to become licensed to practice medicine in
the applicant's State of residence;
``(E) to receive and maintain board certification
in a primary care speciality; and
``(F) to complete a 5-year post-graduate period of
service in a health professional shortage area.
``(c) Priority in Awarding Scholarships.--In selecting RDOCS
scholars and awarding scholarship contracts described in subsection
(b), the State involved shall give preference to applicants who are
enrolled in--
``(1) an accelerated track family-medicine program; or
``(2) a program that includes clinical training in rural or
underserved urban communities.
``(d) Direct Administration by State Agency.--The RDOCS program of
any State receiving a grant under this section shall be administered
directly by a State agency.
``(e) Requirement of Matching Funds.--
``(1) In general.--Any State receiving a grant under this
section shall, with respect to the costs of making payments on
behalf of individuals under scholarship contracts described in
subsection (b), make available (directly or through donations
from public or private entities) non-Federal contributions in
cash toward such costs in an amount equal to not less than $1
for each $9 of Federal funds provided through the grant.
``(2) Determination of amount of non-federal
contribution.--In determining the amount of non-Federal
contributions in cash that a State has provided pursuant to
paragraph (1)--
``(A) any amounts provided to the State by the
Federal Government shall not be included; and
``(B) any amounts expended by the State as
administrative funds to operate its RDOCS program may,
at the State's discretion, be included.
``(f) Coordination With Federal Program.--
``(1) Assignments for health professional shortage areas
under federal program.--Any State receiving a grant under this
section shall, in carrying out its RDOCS program, assign RDOCS
officers participating in the program only to public and
nonprofit private entities located in and providing health
services in health professional shortage areas.
``(2) Remedies for breach of contracts.--The Secretary may
not make a grant under subsection (a) unless the State involved
agrees that the scholarship contracts provided by the State
pursuant to subsection (b) will provide remedies for any breach
of the contracts by the RDOCS scholars and RDOCS officers
involved.
``(3) Limitation regarding contract inducements.--Any State
receiving a grant under this section shall ensure that
contracts between the State and RDOCS scholars under this
section do not include any terms more favorable to the RDOCS
scholars than the most favorable terms which the Secretary is
authorized to provide in contracts under the National Health
Service Corps Scholarship Program under section 338A, including
terms regarding the availability of remedies for any breach of
the contracts by the health professionals involved.
``(g) Restrictions on Use of Funds.--Any State receiving a grant
under this section shall not expend the grant funds for any purpose
other than making payments on behalf of or to RDOCS scholars under
contracts entered into pursuant to this section.
``(h) Reports by States.--Any State receiving a grant under this
section shall submit to the Secretary--
``(1) a report on the State's RDOCS program not later than
January 10 of each fiscal year immediately following any fiscal
year for which the State has received such a grant; and
``(2) such other reports regarding the State's RDOCS
program, as are determined to be appropriate by the Secretary.
``(i) Reports by Secretary.--The Secretary shall report annually to
the relevant committees on the physician workforce in the United
States, and shall include in each such report--
``(1) data on the physician shortage, if any, disaggregated
by State and region; and
``(2) a gap analysis of the primary care practitioners
needed in each State and region, and 5- and 10-year estimates
of the funding needed to close the gap through the RDOCS
program.
``(j) Noncompliance.--
``(1) In general.--The Secretary may not make payments
under this section to a State for any fiscal year subsequent to
the first fiscal year of such payments unless the Secretary
determines that, for the immediately preceding fiscal year, the
State has complied with each of the agreements made by the
State under this section.
``(2) Reduction in grant relative to number of breached
contracts.--
``(A) Determination of number of breached
contracts.--Before making a grant under this section to
a State for a fiscal year, the Secretary shall
determine the number of contracts provided pursuant to
the State's RDOCS program with respect to which there
has been an initial breach by the RDOCS scholars or
officers involved during the fiscal year preceding the
fiscal year for which the State is applying to receive
the grant.
``(B) Reduction of grants.--Subject to paragraph
(3), in the case of a State with 1 or more initial
breaches for purposes of subparagraph (A), the
Secretary shall reduce the amount of a grant under this
section to the State for the fiscal year involved by an
amount equal to the sum of--
``(i) the expenditures of Federal funds
made regarding the contracts involved; and
``(ii) an amount representing interest on
the amount of such expenditures, determined
with respect to each contract on the basis of
the maximum legal rate prevailing for loans
made during the time amounts were paid under
the contract, as determined by the Treasurer of
the United States.
``(3) Waiver regarding reduction in grant.--The Secretary
may waive the requirement of paragraph (2)(B) with respect to
the initial breach of a contract if the Secretary determines
that such breach by the RDOCS scholar or officer involved was
attributable solely to the professional having a serious
illness.
``(k) Definitions.--For the purposes of this section:
``(1) Accelerated track family-medicine program.--The term
`accelerated track family-medicine program' refers to an
appropriately accredited, integrated course of study in which a
candidate can complete undergraduate medical education and
graduate medical education in 6 years.
``(2) Associated region.--The term `associated region'
refers to--
``(A) the area encompassing the boundaries of
Washington, Wyoming, Alaska, Montana, and Idaho;
``(B) the area encompassing the boundaries of
Maine, New Hampshire, Massachusetts, Rhode Island,
Connecticut, and Vermont;
``(C) the area encompassing the boundaries of
Delaware and Pennsylvania; or
``(D) the area encompassing the boundaries of
Maryland, the District of Columbia, and Virginia.
``(3) Board certification.--The term `board certification'
means a certification to practice medicine in a specialty, by
an appropriate medical specialty board.
``(4) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area designated under section 332.
``(5) Participating undergraduate medical program.--The
term `participating undergraduate medical program' means an
allopathic or osteopathic undergraduate medical program
operated by a State.
``(6) Primary care specialty.--The term `primary care
specialty' means pediatrics, family medicine, or general
internal medicine.
``(7) RDOCS officer.--The term `RDOCS officer' means an
RDOCS program participant who has completed undergraduate
medical training, but has not yet fulfilled the remaining
requirements of his or her scholarship contract under
subsection (b).
``(8) RDOCS scholar.--The term `RDOCS scholar' means an
individual participating in an RDOCS program pursuant to a
scholarship contract under subsection (b), who has not yet
completed undergraduate medical education.
``(9) Relevant committees.--The term `relevant committees'
means the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the
House of Representatives.
``(10) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(l) Authorization of Appropriations.--
``(1) In general.--For carrying out this section, there is
authorized to be appropriated $200,000,000 for each of fiscal
year 2013 through 2016.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''. | Restoring the Doctors of Our Country through Scholarships Act of 2012 or the RDOCS Act of 2012 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants under which states provide RDOCS scholarships, paying all costs of a student's undergraduate medical education, to provide for the increased availability of primary health care services in health professional shortage areas.
Requires the scholarship recipient to agree to residency training in a primary care specialty and a five-year post-graduate period of service in a health professional shortage area.
Requires that preference be given in award of scholarships to applicants enrolled in: (1) an accelerated track family-medicine program (an integrated course of study allowing completion of undergraduate medical education and graduate medical education in six years), or (2) a program that includes clinical training in rural or underserved urban communities. Sets a minimum rate at which federal funding must be matched. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize grants to States for the purpose of assisting the States in operating an RDOCS program in order to provide for the increased availability of primary health care services in health professional shortage areas."} | 2,661 | 208 | 0.605794 | 1.844785 | 0.731452 | 4.236264 | 13.587912 | 0.895604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bone Marrow Donor Registry
Reauthorization Act''.
SEC. 2. NATIONAL BONE MARROW DONOR REGISTRY.
(a) National Registry.--Section 379 of the Public Health Service
Act (42 U.S.C. 274k) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``except that''
and all that follows and inserting ``except that--
``(A) such limitations shall not apply to the Chair
of the board (or the Chair-elect) or to the member of
the board who most recently served as the Chair; and
``(B) 1 additional consecutive 2-year term may be
served by any member of the board who has no
employment, governance, or financial affiliation with
any donor center, recruitment group, transplant center,
or cord blood bank.''; and
(B) in paragraph (4)--
(i) by striking ``the Naval Medical
Research and Development Command'' and
inserting ``the Department of Defense Marrow
Donor Recruitment and Research Program operated
by the Department of the Navy''; and
(ii) by striking ``Organ'' after ``Division
of'';
(2) in subsection (b)--
(A) in paragraph (4), by inserting ``at least''
before ``annually'';
(B) in paragraph (7), by striking ``and comparisons
of transplant centers regarding search and other costs
that prior to transplantation are charged to patients
by transplant centers; and'';
(C) in paragraph (8), by inserting ``and outreach''
after ``and demonstration'';
(D) at the end of paragraph (8), by striking the
period and inserting a semicolon;
(E) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9);
(F) by inserting after paragraph (2), the
following:
``(3) maintain and expand medical emergency contingency
response capabilities in concert with Federal programs for
response to threats of use of terrorist or military weapons
that can damage marrow, such as ionizing radiation or chemical
agents containing mustard, so that the capability of supporting
patients with marrow damage from disease can be used to support
casualties with marrow damage;''; and
(G) by adding at the end the following:
``(10) conduct and support research to improve the
availability, efficiency, safety, and cost of transplants from
unrelated donors and the effectiveness of Registry operations;
``(11) increase the number of umbilical cord blood units
listed in the Registry and assist cord blood banks in the
Registry program in accordance with subsection (c); and
``(12) establish bylaws and procedures--
``(A) to prohibit any member of the board of
directors of the Registry who has an employment,
governance, or financial affiliation with a donor
center, recruitment group, transplant center, or cord
blood bank from participating in any decision that
materially affects the center, recruitment group,
transplant center, or cord blood bank; and
``(B) to limit the number of members of the board
with any such affiliation.'';
(3) in subsection (c)--
(A) in clause (ii) of paragraph (2)(A), by striking
``, including providing updates''; and
(B) in paragraph (3), by striking ``the
availability, as a potential treatment option, of
receiving a transplant of bone marrow from an unrelated
donor'' and inserting ``transplants from unrelated
donors as a treatment option and resources for
identifying and evaluating other therapeutic
alternatives'';
(4) in subsection (d)--
(A) in paragraph (2)(C), by inserting ``and assist
with information regarding third party payor matters''
after ``ongoing search for a donor'';
(B) in paragraph (2)(F)--
(i) by redesignating clause (v) as clause
(vi); and
(ii) by inserting after clause (iv) the
following:
``(v) Information concerning issues that
patients may face after a transplant regarding
continuity of care and quality of life.''; and
(C) in paragraph (3)(B), by striking ``Office may''
and inserting ``Office shall'';
(5) in subsection (g), by striking ``the bone marrow donor
program of the Department of the Navy'' and inserting ``the
Department of Defense Marrow Donor Recruitment and Research
Program operated by the Department of the Navy'';
(6) in subsection (h)--
(A) by striking ``Application.--'' and inserting
``Contracts.--'';
(B) by striking ``To be eligible'' and inserting
the following:
``(1) Application.--To be eligible''; and
(C) by adding at the end the following:
``(2) Considerations.--In awarding contracts under this
section, the Secretary shall give substantial weight to the
continued safety of donors and patients and other factors
deemed appropriate by the Secretary.'';
(7) in subsection (i), by striking ``include'' and
inserting ``be''; and
(8) by striking subsection (l).
(b) Bone Marrow Scientific Registry.--Section 379A of the Public
Health Service Act (42 U.S.C. 274l) is amended--
(1) in subsection (a), by adding at the end the following:
``The scientific registry shall participate in medical research
that has the potential to improve transplant outcomes.'';
(2) in subsection (c), by striking ``Each such report shall
in addition include the data required in section 379(l)
(relating to pretransplant costs).''; and
(3) by adding after subsection (c) the following:
``(d) Publicly Available Data.--The scientific registry shall make
relevant scientific information not containing individually
identifiable information available to the public in the form of
summaries and data sets to encourage medical research and to provide
information to transplant programs, physicians, and patients.''.
(c) Bone Marrow and Marrow Defined.--Part I of title III of the
Public Health Service Act (42 U.S.C. 274k et seq.) is amended--
(1) by redesignating section 379B as section 379C; and
(2) by inserting after section 379A the following:
``SEC. 379B. BONE MARROW AND MARROW DEFINED.
``For purposes of this part, the terms `bone marrow' and `marrow'
include bone marrow and any other source of hematopoietic progenitor
cells the acquisition or use of which is not inconsistent with Federal
law.''.
(d) Authorization of Appropriations.--Section 379C of the Public
Health Service Act, as redesignated by subsection (c), is amended to
read as follows:
``SEC. 379C. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this part, there
are authorized to be appropriated $32,000,000 for fiscal year 2004, and
such sums as may be necessary for each of the fiscal years 2005 through
2008.
``(b) Emergency Contingency Response Capabilities.--In addition to
the amounts authorized to be appropriated under subsection (a), there
are authorized to be appropriated such sums as may be necessary for the
maintenance and expansion of emergency contingency response
capabilities under section 379(b)(3).''.
Passed the House of Representatives October 1, 2003.
Attest:
Clerk. | National Bone Marrow Donor Registry Reauthorization Act - Amends the Public Health Service Act to authorize: (1) specified FY 2004 appropriations, and FY 2005 through 2008 appropriations, for the National Bone Marrow Donor Registry; and (2) appropriations for emergency contingency response capabilities.
Revises Registry provisions respecting: (1) board of directors term of office; and (2) Registry functions, including emergency response to terrorist threats injurious to bone marrow, and umbilical cord blood units and blood banks.
Defines "bone marrow" and "marrow" to include bone marrow and any other source of hematopoietic progenitor cells the acquisition or use of which is not inconsistent with Federal law. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to reauthorize the National Bone Marrow Donor Registery, and for other purposes."} | 1,720 | 164 | 0.567878 | 1.573475 | 0.766454 | 3.581395 | 12.224806 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Food Choices for Kids Act''.
SEC. 2. SCHOOL LUNCH LABELING AND NUTRITIONAL AWARENESS PILOT PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following--
``(j) School Lunch Labeling and Nutritional Awareness Pilot
Program.--
``(1) In general.--Subject to the availability of funds
under paragraph (7), the Secretary shall award grants to not
more than 10 States to assist not more than 10 schools in each
of such States in carrying out a pilot program in accordance
with paragraph (5) that requires schools--
``(A) to post nutritional content information in
school cafeterias regarding the food items served in
the cafeterias; and
``(B) to teach students about how to make healthy
food selections.
``(2) Grant amounts.--The Secretary shall ensure that each
grant awarded is of sufficient size and scope to carry out the
pilot program described in this subsection.
``(3) Duration of grants.--The Secretary may award grants
for multiple years to States that meet the grant requirements
described in paragraph (4).
``(4) Grant requirements.--To qualify to receive a grant
under this subsection, a State shall submit an application to
the Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require,
including--
``(A) an assurance that the State will ensure that
each school awarded a subgrant under this subsection
meets the pilot program requirements described in
paragraph (5) within 1 year of such subgrant award;
``(B) a plan to inform all the schools within the
State about the pilot program and the school
application requirements described in paragraph (5);
``(C) an assurance that the State will use not less
than 95 percent of the grant funds to award subgrants
to schools in accordance with this subsection;
``(D) an assurance that the State will award such
subgrants to at least 3, but not more than 5, schools
in such State that have in effect at the date of the
enactment of this subsection a program to provide
nutritional content information regarding food items
served in the cafeterias of such schools to students
attending such schools; and
``(E) an assurance that the State will award such
subgrants to at least 3, but not more than 5, schools
that are located in the rural areas of such State.
``(5) Subgrant requirements.--To qualify to receive a
subgrant under this subsection, a school shall submit an
application to a State receiving a grant under this subsection
at such time, in such manner, and containing such information
and assurances as the Secretary may require, including--
``(A) a plan for implementing the pilot program,
including--
``(i) efforts to ensure that nutritional
content information, including caloric
information, regarding the food items served in
the school's cafeteria is posted in a visible
location at the point of decision in the
cafeteria and that such information is readable
and appropriate for the students who attend the
school and the parents or legal guardians of
such students;
``(ii) efforts to develop and implement, or
expand a school wellness program or other
nutritional awareness program in effect at the
date of enactment of this subsection to include
an educational program to teach students at the
school about making healthy food selections;
and
``(iii) efforts to consult with a licensed
nutritionist, registered dietitian, school
nutrition specialist, or professional with
similar qualifications at least once a year
regarding the pilot program requirements
described in clauses (i) and (ii) and any
related nutritional matters;
``(B) a certification of support for participation
in the pilot program signed by the school food manager,
school nurse, school principal, and district
superintendent (or equivalent positions, as determined
by the school); and
``(C) whether the school plans to post the
nutritional content information described in
subparagraph (A)(i) on the school's website.
``(6) Guidance; encouragement.--
``(A) Guidance.--The Secretary shall provide
guidance to the States and schools receiving grants or
subgrants under this subsection to assist such States
and schools in meeting the requirements of this
subsection.
``(B) Encouragement.--The Secretary shall encourage
schools receiving subgrants under this subsection to
post the nutritional content information, including
caloric information, regarding food items served at the
school on the school's website.
``(7) Reports.--
``(A) Each State receiving grant funds under this
subsection shall submit a report at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Not later than 1 year after the effective
date of this subsection and every 2 years thereafter,
the Secretary shall submit a report to the Committee on
Education and Labor of the House of Representatives and
the Committee on Agriculture, Nutrition and Forestry of
the Senate that contains--
``(i) the number of schools receiving
subgrants under this subsection; and
``(ii) a detailed description of the status
of the pilot program carried out by each school
under this subsection, including a list of
program accomplishments and challenges, and an
evaluation of the effectiveness of the program,
in each school.
``(8) Authorization of appropriations.--There are
authorized to be appropriated such funds as necessary to carry
out this subsection.
``(9) Definitions.--In this subsection:
``(A) Licensed nutritionist.--The term `licensed
nutritionist' means any person who meets the
educational and training requirements under applicable
State law and the credentialing requirements of the
applicable professional association, if any, to become
a licensed nutritionist.
``(B) Registered dietitian.--The term `registered
dietitian' means any person who meets the educational
and training requirements to become credentialed as a
registered dietitian by the Commission on Dietetic
Registration.
``(C) School nutrition specialist.--The term
`school nutrition specialist' means any person who
meets the educational and training requirements to
become credentialed as a school nutrition specialist by
the School Nutrition Association.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect not
later than 180 days after the date of the enactment of this Act. | Healthy Food Choices for Kids Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to award grants to up to 10 states and, through them, subgrants to up to 10 schools in each of those states for a pilot program requiring schools to: (1) post nutritional content information in school cafeterias regarding the food they serve; and (2) teach students how to make healthy food selections.
Requires the Secretary to encourage such schools to post the nutritional content information, including caloric information, on their websites. | {"src": "billsum_train", "title": "To amend section 18 of the Richard B. Russell National School Lunch Act to establish a pilot program that requires schools to post nutritional content information regarding foods served at schools and to teach students how to make healthy food selections, and for other purposes."} | 1,445 | 121 | 0.594716 | 1.4844 | 0.57439 | 3.198113 | 12.754717 | 0.877358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Consumer Protection Act of
2011''.
TITLE I--APPLICATION OF THE SHERMAN ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``No Oil Producing and Exporting
Cartels Act of 2011'' or ``NOPEC''.
SEC. 102. SHERMAN ACT.
The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after
section 7 the following:
``Sec. 7A. (a) It shall be illegal and a violation of this Act for
any foreign state, or any instrumentality or agent of any foreign
state, to act collectively or in combination with any other foreign
state, any instrumentality or agent of any other foreign state, or any
other person, whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a direct,
substantial, and reasonably foreseeable effect on the market, supply,
price, or distribution of oil, natural gas, or other petroleum product
in the United States.
``(b) A foreign state engaged in conduct in violation of subsection
(a) shall not be immune under the doctrine of sovereign immunity from
the jurisdiction or judgments of the courts of the United States in any
action brought to enforce this section.
``(c) No court of the United States shall decline, based on the act
of state doctrine, to make a determination on the merits in an action
brought under this section.
``(d) The Attorney General of the United States may bring an action
to enforce this section in any district court of the United States as
provided under the antitrust laws.''.
SEC. 103. SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) in paragraph (6) by striking ``or'' after the
semicolon,
(2) in paragraph (7) by striking the period and inserting
``, or'', and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of
the Sherman Act.''.
TITLE II--APPLICATION OF THE CLAYTON ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Oil and Gas Industry Antitrust Act
of 2011''.
SEC. 202. PROHIBITION ON UNILATERAL WITHHOLDING.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating section 28 as section 29, and
(2) by inserting after section 27 the following:
``SEC. 28. OIL AND NATURAL GAS.
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for any person to refuse to sell, or to export or divert,
existing supplies of petroleum, gasoline, or other fuel derived from
petroleum, or natural gas with the primary intention of increasing
prices or creating a shortage in a geographic market.
``(b) Considerations.--In determining whether a person who has
refused to sell, or exported or diverted, existing supplies of
petroleum, gasoline, or other fuel derived from petroleum or natural
gas has done so with the intent of increasing prices or creating a
shortage in a geographic market under subsection (a), the court shall
consider whether--
``(1) the cost of acquiring, producing, refining,
processing, marketing, selling, or otherwise making such
products available has increased; and
``(2) the price obtained from exporting or diverting
existing supplies is greater than the price obtained where the
existing supplies are located or are intended to be shipped.''.
SEC. 203. REVIEW OF CLAYTON ACT.
(a) In General.--The Attorney General and the Chairman of the
Federal Trade Commission shall conduct a study, including a review of
the report submitted under section 4, regarding whether section 7 of
the Clayton Act should be amended to modify how that section applies to
persons engaged in the business of exploring for, producing, refining,
or otherwise processing, storing, marketing, selling, or otherwise
making available petroleum, gasoline or other fuel derived from
petroleum, or natural gas.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Attorney General and the Chairman of the Federal Trade
Commission shall submit a report to Congress regarding the findings of
the study conducted under subsection (a), including recommendations and
proposed legislation, if any.
SEC. 204. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Definition.--In this section, the term ``covered consent
decree'' means a consent decree--
(1) to which either the Federal Trade Commission or the
Department of Justice is a party,
(2) that was entered by the district court not earlier than
10 years before the date of enactment of this Act,
(3) that required divestitures, and
(4) that involved a person engaged in the business of
exploring for, producing, refining, or otherwise processing,
storing, marketing, selling, or otherwise making available
petroleum, gasoline or other fuel derived from petroleum, or
natural gas.
(b) Requirement for a Study.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the United
States shall conduct a study evaluating the effectiveness of
divestitures required under covered consent decrees.
(c) Requirement for a Report.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General shall submit a
report to Congress, the Federal Trade Commission, and the Department of
Justice regarding the findings of the study conducted under subsection
(b).
(d) Federal Agency Consideration.--Upon receipt of the report
required by subsection (c), the Attorney General or the Chairman of the
Federal Trade Commission, as appropriate, shall consider whether any
additional action is required to restore competition or prevent a
substantial lessening of competition occurring as a result of any
transaction that was the subject of the study conducted under
subsection (b).
SEC. 205. JOINT FEDERAL AND STATE TASK FORCE.
The Attorney General and the Chairman of the Federal Trade
Commission shall establish a joint Federal-State task force, which
shall include the attorney general of any State that chooses to
participate, to investigate information sharing (including through the
use of exchange agreements and commercial information services) among
persons in the business of exploring for, producing, refining, or
otherwise processing, storing, marketing, selling, or otherwise making
available petroleum, gasoline or other fuel derived from petroleum, or
natural gas (including any person about which the Energy Information
Administration collects financial and operating data as part of its
Financial Reporting System).
TITLE III--PREVENTION OF PRICE GOUGING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Price Gouging Prevention
Act''.
SEC. 302. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM
DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell, at wholesale or at retail in an area and during a period
of an international crisis affecting the oil markets proclaimed
under paragraph (2), gasoline or any other petroleum distillate
covered by a proclamation issued under paragraph (2) at a price
that--
(A) is unconscionably excessive; and
(B) indicates the seller is taking unfair advantage
of the circumstances related to an international crisis
to increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue a
proclamation of an international crisis affecting the
oil markets and may designate any area within the
jurisdiction of the United States, where the
prohibition in paragraph (1) shall apply. The
proclamation shall state the geographic area covered,
the gasoline or other petroleum distillate covered, and
the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week preceding a reasonably
foreseeable emergency.
(3) Factors considered.--In determining whether a person
has violated paragraph (1), there shall be taken into account,
among other factors--
(A) whether the amount charged by such person for
the applicable gasoline or other petroleum distillate
at a particular location in an area covered by a
proclamation issued under paragraph (2) during the
period such proclamation is in effect--
(i) grossly exceeds the average price at
which the applicable gasoline or other
petroleum distillate was offered for sale by
that person during the 30 days prior to such
proclamation;
(ii) grossly exceeds the price at which the
same or similar gasoline or other petroleum
distillate was readily obtainable in the same
area from other competing sellers during the
same period;
(iii) reasonably reflected additional
costs, not within the control of that person,
that were paid, incurred, or reasonably
anticipated by that person, or reflected
additional risks taken by that person to
produce, distribute, obtain, or sell such
product under the circumstances; and
(iv) was substantially attributable to
local, regional, national, or international
market conditions; and
(B) whether the quantity of gasoline or other
petroleum distillate the person produced, distributed,
or sold in an area covered by a proclamation issued
under paragraph (2) during a 30-day period following
the issuance of such proclamation increased over the
quantity that that person produced, distributed, or
sold during the 30 days prior to such proclamation,
taking into account usual seasonal demand variations.
(b) Definitions.--As used in this section--
(1) the term ``wholesale'', with respect to sales of
gasoline or other petroleum distillates, means either truckload
or smaller sales of gasoline or petroleum distillates where
title transfers at a product terminal or a refinery, and dealer
tank wagon sales of gasoline or petroleum distillates priced on
a delivered basis to retail outlets; and
(2) the term ``retail'', with respect to sales of gasoline
or other petroleum distillates, includes all sales to end users
such as motorists as well as all direct sales to other end
users such as agriculture, industry, residential, and
commercial consumers.
SEC. 303. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 302 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 Federal Trade Commission
shall enforce this title 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 title. In enforcing section 302 of this title,
the Commission shall give priority to enforcement actions concerning
companies with total United States wholesale or retail sales of
gasoline and other petroleum distillates in excess of $10,000,000,000
per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
section 302 with actual knowledge or knowledge fairly implied
on the basis of objective circumstances shall be subject to--
(A) a civil penalty of not more than 3 times the
amount of profits gained by such person through such
violation; or
(B) a civil penalty of not more than $100,000,000.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties obtained
under section 5 of the Federal Trade Commission Act (15 U.S.C.
45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the court shall take into consideration, among
other factors, the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.
SEC. 304. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 303, any person who violates section 302 shall be fined under
title 18, United States Code, in an amount not to exceed $500,000,000.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice. The
Attorney General shall give priority to enforcement actions concerning
companies with total United States wholesale or retail sales of
gasoline and other petroleum distillates in excess of $10,000,000,000
per year.
SEC. 305. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 302, or to
impose the civil penalties authorized by section 303(b)(1)(B), whenever
the attorney general of the State has reason to believe that the
interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this title or a
regulation under this title, involving a retail sale.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such civil
action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State 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) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this title, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this title alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 306. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
title shall be construed to limit or affect in any way the Federal
Trade Commission's authority to bring enforcement actions or take any
other measure under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) or any other provision of law.
(b) State Law.--Nothing in this title preempts any State law. | Oil Consumer Protection Act of 2011 - No Oil Producing and Exporting Cartels Act of 2011 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States.
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act.
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
Authorizes the Attorney General (DOJ) to bring an action in U.S. district court to enforce this Act.
Amends the federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.
Oil and Gas Industry Antitrust Act of 2011 - Amends the Clayton Act to make it unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or natural gas with the primary intention of increasing prices or creating a shortage in a geographic market.
Requires a study on: (1) the applicability of monopoly prohibitions of the Clayton Act to persons engaged in exploring for, producing, refining, storing, marketing, or selling petroleum, gasoline, or natural gas; and (2) the effectiveness of divestitures required under certain federal consent decrees.
Requires the Attorney General and the Chairman of the Federal Trade Commission (FTC) to establish a joint federal-state task force to investigate information-sharing among persons engaged in exploring for, producing, refining, storing, marketing, or selling petroleum, gasoline, or natural gas.
Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably. Authorizes the President to issue such a proclamation for up to a 30-day period, and to renew it as necessary.
Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the FTC to enforce a violation as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations. Authorizes a state to bring a civil action for enforcement. | {"src": "billsum_train", "title": "To amend the Sherman Act to make oil-producing and exporting cartels illegal; to improve competition in the oil and gas industry, to strengthen antitrust enforcement with regard to industry mergers; to protect consumers from price-gouging of gasoline and other fuels; and for other purposes."} | 3,752 | 680 | 0.706304 | 2.296886 | 0.789948 | 4.788034 | 5.890598 | 0.94188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecution Drug Treatment
Alternative to Prison Act of 2001''.
SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY
STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2701. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2702. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a long term, drug free residential substance
abuse treatment provider that is licensed under State or local
law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each residential substance abuse provider treating an
offender under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
residential substance abuse treatment provider or otherwise
violated the terms and conditions of the program, and returning
such offender to court for sentence on the underlying crime.
``SEC. 2703. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2704. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2705. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a report
regarding the effectiveness of activities carried out using that grant.
Each report shall include an evaluation in such form and containing
such information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports shall be
submitted.
``SEC. 2706. DEFINITIONS.
``In this part:
``(1) Eligible offender.--The term `eligible offender'
means an individual who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence or a
major drug offense or a crime that is considered a
violent felony under State or local law; and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(2) Felony crime of violence.--The term `felony crime of
violence' has the meaning given such term in section 924(c)(3)
of title 18, United States Code.
``(3) Major drug offense.--The term `major drug offense'
has the meaning given such term in section 36(a) of title 18,
United States Code.
``(4) State or local prosecutor.--The term `State or local
prosecutor' means any district attorney, State attorney
general, county attorney, or corporation counsel who has
authority to prosecute criminal offenses under State or local
law.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part AA--
``(A) $75,000,000 for fiscal year 2002;
``(B) $85,000,000 for fiscal year 2003;
``(C) $95,000,000 for fiscal year 2004;
``(D) $105,000,000 for fiscal year 2005; and
``(E) $125,000,000 for fiscal year 2006.''. | Prosecution Drug Treatment Alternative to Prison Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs under which eligible offenders, as an alternative to incarceration, shall be sentenced to or placed with a licensed, long term, drug free residential substance abuse treatment provider. | {"src": "billsum_train", "title": "A bill to establish grants for drug treatment alternative to prison programs administered by State or local prosecutors."} | 1,631 | 98 | 0.614147 | 1.448247 | 0.466805 | 6.04878 | 18.085366 | 0.97561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Qods Force Terrorist Designation
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 19, 1984, the Secretary of State determined
that the Islamic Republic of Iran is a state sponsor of
terrorism.
(2) The Qods Force is the elite external operations branch
of the Iran's Islamic Revolutionary Guard Corps and the Iranian
regime's primary mechanism for cultivating and supporting
terrorists abroad.
(3) The Qods Force provides aid in the form of weapons,
training, and funding to Hamas and other Palestinian terrorist
groups, Lebanese Hizballah, Iraq-based militants, and Taliban
fighters in Afghanistan.
(4) The Qods Force is behind some of the deadliest
terrorist attacks of the past three decades, including the 1983
and 1984 bombings of the United States Embassy and annex in
Beirut, the 1983 bombing of the Marine barracks in Beirut, the
1992 bombing of the Israeli embassy in Buenos Aires, 1994
attack on the AMIA Jewish Community Center in Buenos Aires, and
the 1996 Khobar Towers bombing in Saudi Arabia.
(5) In 2007, President George W. Bush and General David
Petraeus, the top U.S. commander in Iraq, accused Iran's Qods
Force of aiding militias in killing American soldiers in Iraq.
(6) In 2007, the U.S. Department of the Treasury designated
the Qods Force for providing material support to the Taliban
and other terrorist organizations.
(7) On October 25, 2007, Iran's Islamic Revolutionary Guard
Corps Qods Force was sanctioned under Executive Order 13382,
for supporting proliferation of weapons of mass destruction.
(8) Section 1258 of the National Defense Authorization Act
for Fiscal Year 2008 expressed the sense of Congress that ``the
United States should designate Iran's Islamic Revolutionary
Guards Corps as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189) and
place the Islamic Revolutionary Guards Corps on the list of
Specially Designated Global Terrorists, as established under
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) and initiated under Executive Order 13224 (September
23, 2001)''.
(9) In the period following the June 2009 presidential
election in Iran, the Qods Force was implicated in custodial
deaths and the killings of election protesters and committed
other acts of politically motivated violence, including
torture, beatings, and rape.
(10) On April 29, 2011, President Obama issued Executive
Order 13572, Blocking Property of Certain Persons With Respect
to Human Rights Abuses in Syria, including the Qods Force, for
the repression of the people of Syria, manifested most recently
by the use of violence and torture against, and arbitrary
arrests and detentions of, peaceful protestors by police,
security forces, and other entities that have engaged in human
rights abuses, which constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States.
(11) On October 11, 2011, the U.S. Department of Justice
announced that two members of Iran's Qods Force were charged in
an alleged plot to assassinate the Saudi Arabian Ambassador to
the Unites States. The criminal complaint against them included
charges of conspiracy to murder a foreign official; conspiracy
to engage in foreign travel and use of interstate and foreign
commerce facilities in the commission of murder-for-hire;
conspiracy to use a weapon of mass destruction (explosives);
and conspiracy to commit an act of international terrorism
transcending national boundaries.
(12) On March 7, 2012, the U.S. Department of the Treasury
designated Iran's Qods Force General Gholamreza Baghbani as a
Specially Designated Narcotics Trafficker for the role that the
Qods Force played in its scheme to support terrorism.
(13) Iran's Qods Force stations operatives in foreign
embassies, charities, and religious and cultural institutions
to foster relationships, often building on existing socio-
economic ties with the well-established Shia Diaspora, and
recent years have witnessed an increased presence in Latin
America.
SEC. 3. DESIGNATION OF IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS QODS
FORCE AS A FOREIGN TERRORIST ORGANIZATION.
The Secretary of State shall designate Iran's Islamic Revolutionary
Guard Corps Qods Force as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 4. REPORT.
The Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on terrorist activities of Iran's
Islamic Revolutionary Guard Corps Qods Force. | Qods Force Terrorist Designation Act - Directs the Secretary of State to: (1) designate Iran's Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and (2) report to Congress on Qods Force terrorist activities. | {"src": "billsum_train", "title": "Qods Force Terrorist Designation Act"} | 1,102 | 58 | 0.594919 | 1.63844 | 0.893293 | 3 | 21.5 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Home Staffing and Quality
Improvement Act of 2001''.
SEC. 2. GRANTS TO STATES FOR IMPROVEMENTS IN NURSING HOME STAFFING AND
QUALITY.
(a) Secretary's Authority To Award Grants.--The Secretary of Health
and Human Services shall establish a program of competitive grants to
States, in accordance with the provisions of this section, for the
purpose of improving the quality of care furnished in nursing homes
operating in the State.
(b) Applications and Eligibility for Grants.--
(1) Initial application.--A State seeking a grant to
conduct a project under this section shall submit an
application containing such information and assurances as the
Secretary of Health and Human Services may require, including--
(A) a commitment to submit annual reports
describing the State's progress in increasing staffing
levels and making other quality improvements in nursing
homes in the State; and
(B) a description of a plan for evaluation of the
activities carried out under the grant, including a
plan for measurement of progress toward the goals and
objectives of the program, consistent with the
principles of the Government Performance and Results
Act.
(2) Consultation with public.--Before submitting an
application for a grant under this section, a State shall
solicit and consider the views of members of the public,
nursing home residents or their representatives, and other
persons concerned with the administration of nursing homes
within the State with respect to the design of the proposed
State program.
(3) Eligibility.--
(A) Initial eligibility.--A State shall not be
eligible for a grant award under this section unless it
makes assurances satisfactory to the Secretary of
Health and Human Services that the skilled nursing
facilities (as defined in section 1819(a) of the Social
Security Act (42 U.S.C. 1395i-3(a))) and nursing
facilities (as defined in section 1919(a) of such Act
(42 U.S.C. 1396r(a))) within the State will reach or
exceed the minimum staff level described in subsection
(d)(2) within two years after the date of the enactment
of this Act and will maintain such level throughout the
remainder of the grant program.
(B) Continuing eligibility.--A State shall not be
eligible for the continuation of grant funding under a
multi-year grant under this section unless the State
demonstrates to the satisfaction of the Secretary of
Health and Human Services that it continues to meet the
requirement described in subparagraph (A) and has made
sufficient progress in meeting the goals described in
its grant application.
(c) Use of Grant Funds.--Funds received by a State under this
section may be provided to entities including nursing homes, labor
management partnerships, and educational institutions, and may be used
for any or all of the following purposes:
(1) To enable a nursing home to recruit additional nursing
staff or to retain existing nursing staff (including through
the use of reasonable financial incentives or reasonable
benefit enhancements).
(2) To increase education and training of nursing staff
(including designing or implementing programs to promote the
career advancement of certified nurse aides).
(3) To provide bonuses to nursing homes meeting State
quality standards or avoiding serious quality violations for a
period of one or more years.
(4) Such other nursing home staffing and quality
improvement initiatives as the Secretary of Health and Human
Services may approve.
(d) Distribution of Funds.--
(1) In general.--Subject to subsection (b), in awarding
grants under this section, the Secretary of Health and Human
Services shall award no more than 25 percent of the funds to
States in which, as of the date of the enactment of this
section, skilled nursing facilities and nursing facilities have
reached or exceeded the minimum staff level specified in
paragraph (2) (as determined by the Secretary).
(2) Minimum nursing home staff level.--
(A) In general.--Subject to subparagraph (B), for
purposes of subsection (b) and paragraph (1), the level
specified in this paragraph for a skilled nursing
facility or nursing facility is a staff level
sufficient to ensure that each resident receives from a
certified nurse aide at least two hours per day of
direct care (including repositioning the resident and
changing wet clothes, assisting with feeding, exercise,
and toileting, and working to enhance a resident's
independence with respect to activities of daily
living).
(B) Secretary's authority to increase minimum staff
level.--The Secretary of Health and Human Services may
establish a minimum staff level that is higher than
that specified in subparagraph (A). Any such revised
staff level shall be effective no earlier than six
months after the date on which Secretary provides
notice to States of the new requirement.
(3) Multi-year grant funds.--The Secretary of Health and
Human Services shall award any multi-year grant under this
section from amounts appropriated (or available pursuant to
subsection (e)(2)) for the first fiscal year of the grant.
(e) Appropriations and Availability of Civil Money Penalty (CMP)
Collections.--
(1) Appropriations.--There are appropriated to the
Secretary of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, for all costs for carrying
out the program under this section $200,000,000 for each of
fiscal years 2001 through 2005, such funds to remain available
to the Secretary through the end of the first succeeding fiscal
year.
(2) Availability of cmp collections.--In addition to the
amounts appropriated pursuant to paragraph (1), there shall be
available to the Secretary of Health and Human Services for
such costs for such fiscal years any amounts deposited in the
Nursing Facility Civil Money Penalties Collection Account
established under section 4.
SEC. 3. ENHANCED NURSING FACILITY REPORTING REQUIREMENTS.
(a) Medicare.--
(1) Submission of nursing staff level data to the
secretary.--Section 1819(b) of the Social Security Act (42
U.S.C. 1395i-3(b)), as amended by section 941(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6)
of Public Law 106-554), is amended by adding at the end the
following new paragraph:
``(9) Data on staffing levels.--
``(A) Submission to secretary.--A skilled nursing
facility shall submit to the Secretary, in such form
and manner and at such intervals as the Secretary may
require, data with respect to nursing staff of the
facility. Such data shall include the total number of
nursing staff hours furnished during the period
specified by the Secretary (including totals for each
shift worked during such period) by the facility to
residents for which payment is made under section 1888(e), broken down
by total certified nurse aide hours, total licensed practical or
vocational nurse hours, and total registered nurse hours, and shall
also include the average wage rate for each class of nursing staff
employed by the facility.
``(B) Publication.--The Secretary shall provide for
the publication on the Internet site of the Department
of Health and Human Services known as Nursing Home
Compare the facility-specific nursing staff information
collected pursuant to subparagraph (A). The Secretary
shall update such information periodically.''.
(2) Posting of information on nursing facility staffing.--
Section 1819(b)(8)(A) of the Social Security Act (42 U.S.C.
1395i-3(b)(8)(A)), as added by such section 941(a), is amended
by striking ``for each shift'' and inserting ``for each nursing
unit of the facility and for each shift''.
(3) Information concerning patient classification.--Section
1819(b)(4)(C) of the Social Security Act (42 U.S.C. 1395i-
3(b)(4)(C)) is amended by adding at the end the following new
clause:
``(iii) Information concerning residents.--
The skilled nursing facility shall provide the
Secretary, in such form and manner and at such
intervals as the Secretary may require, a
classification of all residents of the skilled
nursing facility that accords with the patient
classification system described in section
1888(e)(4)(G)(i), or such successor system as
the Secretary may identify.''.
(b) Medicaid.--
(1) In general.--Section 1919(b) of the Social Security Act
(42 U.S.C. 1396r(b)), as amended by section 941(b) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6)
of Public Law 106-554), is amended by adding at the end the
following new paragraph:
``(9) Data on staffing levels.--
``(A) Submission to secretary.--A nursing facility
shall submit to the Secretary, in such form and manner
and at such intervals as the Secretary may require,
data with respect to nursing staff of the facility.
Such data shall include the total number of nursing
staff hours furnished during the period specified by
the Secretary (including totals for each shift worked
during such period) by the facility to residents for
which payment is made under this title, broken down by
total certified nurse aide hours, total licensed
practical or vocational nurse hours, and total
registered nurse hours, and shall also include the
average wage rate for each class of nursing staff
employed by the facility.
``(B) Publication.--The Secretary shall provide for
the publication on the Internet Site of the Department
of Health and Human Services known as Nursing Home
Compare the facility-specific nursing staff information
collected pursuant to subparagraph (A). The Secretary
shall update such information periodically.''.
(2) Posting of information on nursing facility staffing.--
Section 1919(b)(8)(A) of the Social Security Act (42 U.S.C.
1396r(b)(8)(A)), as added by such section 941(b), is amended by
striking ``for each shift'' and inserting ``for each nursing
unit of the facility and for each shift''.
(3) Information concerning patient classification.--Section
1919(b)(4)(C) of the Social Security Act (42 U.S.C.
1396r(b)(4)(C)) is amended by adding at the end the following
new clause:
``(iv) Information concerning residents.--
The nursing facility shall provide the
Secretary, in such form and manner and at such
intervals as the Secretary may require, a
classification of all residents of the nursing
facility that accords with the patient
classification system described in section
1888(e)(4)(G)(i), or such successor system as
the Secretary may identify.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 4. NURSING FACILITY CIVIL MONEY PENALTY COLLECTIONS.
(a) Establishment of Nursing Facility Civil Money Penalty
Collections Account.--Section 1128A of the Social Security Act (42
U.S.C. 1320a-7a) is amended by adding at the end the following new
subsection:
``(o) Establishment of Nursing Facility Civil Money Penalty
Collections Account.--There is hereby established an account to be
known as the `Nursing Facility Civil Money Penalties Collection
Account' (hereafter in this subsection referred to as the `Account').
Notwithstanding any other provision of law, there shall be deposited
into the Account the Secretary's share of any civil monetary penalties
collected under sections 1819 and 1919, all such amounts to be
available without fiscal year limitation for repaying the Secretary's
share of amounts owed to skilled nursing facilities or nursing
facilities pursuant to the final sentence of sections 1819(h)(2)(B)(ii)
and 1919(h)(2)(B)(ii), and for awarding grants under section 2 of the
Nursing Home Staffing and Quality Improvement Act of 2000.''.
(b) Authority To Collect CMPs Immediately.--
(1) Medicare.--Section 1819(h)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395i-3(h)(2)(B)(ii)) is amended by
inserting before the final period ``, except that,
notwithstanding section 1128A(c)(2) or any other provision of
law, the Secretary, upon determining that a civil money penalty
should be imposed against a skilled nursing facility pursuant
to this paragraph, shall take immediate action to collect such
penalty (except where the Secretary finds that such action
could jeopardize the health or welfare of residents of the
skilled nursing facility). In collecting such penalty, the
Secretary may deduct the amount of the penalty from amounts
otherwise payable to the facility under this title or take such
other actions as the Secretary considers appropriate. If the
Secretary's imposition of a penalty under this paragraph is set
aside, in whole or in part, as a result of a hearing under
section 1128A(c)(2) (or an appeal therefrom) or by a court of
competent jurisdiction, and the Secretary elects not to pursue
an appeal of such judgment; or has exhausted all appeals, the
Secretary shall repay any amount owed to the skilled nursing
facility with accrued interest''.
(2) Medicaid.--Section 1919(h)(3)(B)(ii) of the Social
Security Act (42 U.S.C. 1396r(h)(3)(B)(ii)) is amended by
inserting before the final period ``, except that,
notwithstanding section 1128A(c)(2) or any other provision of
law, the Secretary, upon determining that a civil money penalty
should be imposed against a nursing facility pursuant to this
paragraph, shall take immediate action to collect the penalty
(except where the Secretary finds that such action could
jeopardize the health or welfare of residents of the nursing
facility). In collecting such penalty, the Secretary may direct
the State to deduct the amount of the penalty from amounts
otherwise payable to the nursing facility under this title or
take such other actions as the Secretary, in consultation with
the State, considers appropriate. If the Secretary's imposition
of a penalty under this paragraph is set aside, in whole or in
part, as a result of a hearing under section 1128A(c)(2) (or an
appeal therefrom) or by a court of competent jurisdiction, and
the Secretary elects not to pursue an appeal of such judgment,
or has exhausted all appeals, the Secretary shall repay, or
shall direct the State to repay, any amount owed to the nursing
facility with accrued interest''. | Nursing Home Staffing and Quality Improvement Act of 2001 - Directs the Secretary of Health and Human Services to establish a program of competitive grants to eligible States for the purpose of improving the quality of care furnished in nursing homes operating in the State.Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require skilled nursing facilities and nursing facilities to report to the Secretary on data regarding staffing levels and information regarding patient classification.Amends SSA title XI to establish the Nursing Facility Civil Money Penalties Collection Account to be used for awarding grants under this Act. | {"src": "billsum_train", "title": "To establish a program to provide grants to States to test innovative ways to increase nursing home staff levels, reduce turnover, and improve quality of care for residents in nursing homes, and for other purposes."} | 3,253 | 137 | 0.578196 | 1.480081 | 0.713005 | 4.451327 | 25.265487 | 0.893805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Agency Regulatory
Analysis Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Office of Information and Regulatory Affairs;
(2) the term ``agency'' has the same meaning as in section
3502(1) of title 44, United States Code;
(3) the term ``independent regulatory agency'' has the same
meaning as in section 3502(5) of title 44, United States Code;
(4) the term ``rule''--
(A) means a rule, as that term is defined in
section 551 of title 5, United States Code; and
(B) does not include a rule of the Board of
Governors of the Federal Reserve System or the Federal
Open Market Committee relating to monetary policy; and
(5) the term ``significant rule'' means any rule that the
Administrator determines is likely to--
(A) have an annual effect on the economy of
$100,000,000 or more;
(B) adversely affect in a material way the economy,
a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or
State, local, or tribal governments or communities; or
(C) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency.
SEC. 3. REGULATORY ANALYSIS BY INDEPENDENT AGENCIES.
(a) In General.--The President may by Executive order require an
independent regulatory agency to comply, to the extent permitted by
law, with regulatory analysis requirements applicable to other
agencies, including the requirements to--
(1) identify the problem that the agency intends to address
by a new rule (including, where applicable, the failures of
private markets or public institutions that warrant new agency
action) and assess the significance of that problem;
(2) examine whether any existing rule (or other law) has
created, or contributed to, the problem that a new rule is
intended to correct and whether the existing rule (or other
law) should be modified to achieve the intended goal of the new
rule more effectively;
(3) identify and assess available alternatives to direct
regulation, including providing economic incentives to
encourage the desired behavior, or providing information upon
which choices can be made by the public;
(4) consider, in setting regulatory priorities and to the
extent reasonable, the degree and nature of the risks posed by
various substances or activities within its jurisdiction;
(5) design its rules in the most cost-effective manner to
achieve the regulatory objective and, in doing so, consider
incentives for innovation, consistency, predictability, the
costs of enforcement and compliance (to the Federal Government,
regulated entities, and the public), flexibility, distributive
impacts, and equity;
(6) assess the costs and the benefits of the intended rule
and, recognizing some costs and benefits are difficult to
quantify, propose or adopt a rule only upon a reasoned
determination that the benefits of the rule justify its costs;
(7) base its rulemaking decisions on the best reasonably
obtainable scientific, technical, economic, and other
information concerning the need for, and consequences of, the
intended rule;
(8) identify and assess alternative forms of regulation
and, to the extent feasible, specify performance objectives,
rather than specifying the behavior or manner of compliance
that regulated entities must adopt;
(9) seek the views of appropriate State, local, and tribal
officials before imposing regulatory requirements that might
significantly or uniquely affect State, local, or tribal
governmental entities, whenever feasible;
(10) avoid rules that are inconsistent or incompatible
with, or duplicative of, other rules of the independent
regulatory agency or other agencies;
(11) tailor rules to impose the least burden on society,
including individuals, businesses of differing sizes, and other
entities (including small communities and governmental
entities), consistent with achieving the regulatory objectives,
and taking into account, among other factors, and to the extent
practicable, the cost of cumulative rules;
(12) draft each rule to be simple and easy to understand,
with the goal of minimizing the potential for uncertainty and
litigation arising from uncertainty; and
(13) periodically review its existing significant rules to
determine whether any such rules should be modified,
streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in
achieving the regulatory objectives.
(b) Economically Significant Rules.--For any proposed or final rule
identified by an independent regulatory agency as, or determined by the
Administrator to be, a significant rule described in subparagraph (A)
or (B) of section 2(5), the President may by Executive order require
the independent regulatory agency to provide to the Administrator the
following information, to the extent permitted by law:
(1) An assessment, including the underlying analysis, of
benefits anticipated from the rule together with, to the extent
feasible, a quantification of those benefits.
(2) An assessment, including the underlying analysis, of
costs anticipated from the rule together with, to the extent
feasible, a quantification of those costs.
(3) An assessment, including the underlying analysis, of
costs and benefits of potentially effective and reasonably
feasible alternatives to the rule, identified by the agencies
or the public, including improving existing regulations and
reasonable nonregulatory actions, and an explanation why the
planned regulatory action is preferable to the identified
potential alternatives.
(c) Review by Office of Information and Regulatory Affairs.--
(1) Requirement to seek review.--The President may, by
Executive order, require an independent regulatory agency to
submit to the Administrator for review--
(A) any proposed significant rule, prior to
publication of the notice of proposed rulemaking; and
(B) any final significant rule, prior to
publication of the final rule.
(2) Nonbinding assessment.--An Executive order issued under
this Act may require that, not later than 90 days after the
independent regulatory agency submits a proposed or final
significant rule for review, the Administrator submit for
inclusion in the rulemaking record the Administrator's
assessment of the extent to which the agency has complied with
the regulatory analysis requirements made applicable by
Executive order.
(3) Determination and explanation by independent agency.--
An Executive order issued under this Act may require that, if
the Administrator concludes under paragraph (2) that the
independent regulatory agency did not comply with one or more
requirements of the Executive order with respect to a proposed
or final significant rule, the head of the agency that issued
the significant rule shall include with the proposed and final
significant rule--
(A) a determination that the rule complies with the
requirements and an explanation of that determination;
(B) if applicable, an explanation why the
independent regulatory agency did not comply with one
or more of the requirements, based on the statutory
provision authorizing the rule; and
(C) a clear statement of the issues on which the
agency agrees or disagrees with the Administrator's
assessment of the rule.
SEC. 4. LIMITATION ON JUDICIAL REVIEW.
(a) In General.--The compliance or noncompliance of an independent
regulatory agency with the requirements of an Executive order issued
under this Act shall not be subject to judicial review.
(b) Agency Record.--When an action for judicial review of a rule
promulgated by an independent regulatory agency is instituted, any
determination, analysis, or explanation produced by the agency, and any
assessment produced by the Administrator, pursuant to an Executive
order issued under this Act, shall constitute part of the whole record
of agency action in connection with the review.
(c) Rule of Construction.--Nothing in this section shall be
construed to bar judicial review of any other impact statement or
similar analysis required by any other provision of law if judicial
review of such statement or analysis is otherwise permitted by law.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit the authority of
the President with respect to independent regulatory agencies under any
other applicable law. | Independent Agency Regulatory Analysis Act of 2012 - Authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) provide the Administrator of the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final significant rule (i.e., a rule that is likely to have an annual effect on the economy of $100 million or more and is likely to adversely affect sectors of the economy in a material way) and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Administrator for review any proposed or final significant rule.
Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this Act. | {"src": "billsum_train", "title": "A bill to affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes."} | 1,708 | 170 | 0.616928 | 1.69322 | 0.934961 | 4.037975 | 10.696203 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paid Sick Leave Act''.
SEC. 2. REQUIREMENT FOR PAID SICK LEAVE.
(a) In General.--An employer shall permit each employee employed by
the employer to earn not less than 1 hour of paid sick leave for every
30 hours worked, to be used as described in subsection (b).
(b) Uses.--Paid sick leave earned under this section may be used by
an employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) An absence for the purpose of caring for a child, a
parent, a spouse, or any other individual related by blood or
affinity whose close association with the employee is the
equivalent of a family relationship, who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
and
(B) in the case of someone who is not a child, is
otherwise in need of care.
(4) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the
employee's child, parent, or spouse, or an individual
related to the employee as described in paragraph (3),
to recover from physical or psychological injury or
disability caused by domestic violence, sexual assault,
or stalking;
(B) obtain or assist a related person described in
paragraph (3) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (3) in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Definitions.--In this Act:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-
care because of a mental or physical disability.
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located.
(3) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under subparagraph (E),
including such an employee of the Library of Congress,
except that a reference in such section to an employer
shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph
(4)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of the
Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a));
(C) a covered employee, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301), other
than an applicant for employment;
(D) a covered employee, as defined in section 411(c) of
title 3, United States Code; or
(E) a Federal officer or employee covered under subchapter
V of chapter 63 of title 5, United States Code.
(4) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under
subclause (V);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) is engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 15 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
calendar year;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer to any
of the employees of such
employer; and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(III), a public agency shall be considered
to be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' mean any activity,
business, or industry in commerce or in
which a labor dispute would hinder or
obstruct commerce or the free flow of
commerce, and include ``commerce'' and
any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of
section 501 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (1)
and (3)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(5) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, or a legal guardian or other person who stood in loco
parentis to an employee when the employee was a child.
(6) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
(7) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the employee resides.
(8) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 13925(a)). | Paid Sick Leave Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least 1 hour of paid sick time for every 30 hours worked. Allows employees to use such time to: (1) meet their own medical needs; (2) care for the medical needs of certain family members ; or (3) seek medical attention, assist a related person, take legal action, or engage in other specified activities relating to domestic violence, sexual assault, or stalking. | {"src": "billsum_train", "title": "Paid Sick Leave Act"} | 1,817 | 120 | 0.532427 | 1.522079 | 0.579476 | 2.419643 | 14.544643 | 0.830357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Unlicensed Spectrum Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives;
(2) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(3) the term ``Commission'' means the Federal
Communications Commission;
(4) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(l));
(5) the term ``Spectrum Relocation Fund'' means the Fund
established under section 118 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928); and
(6) the term ``unlicensed operations'' means the use of
spectrum on a nonexclusive basis and without the expectation of
protection from interference under--
(A) part 15 of title 47, Code of Federal
Regulations; or
(B) licensing by rule under part 96 of title 47,
Code of Federal Regulations.
SEC. 3. FEDERAL COMMUNICATIONS COMMISSION ALLOCATION AND ALLOTMENT OF
SPECTRUM.
(a) In General.--The Commission shall ensure that spectrum
allocation and assignment produce a balance between radio frequency
bands available for--
(1) exclusive licensing through an auction; and
(2) unlicensed operations.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Commission shall--
(1) promulgate rules to implement subsection (a), including
establishing a process that will achieve the mandate under
subsection (a) in the future allocation and assignment of radio
frequency bands; and
(2) consider whether to adopt rules that permit unlicensed
operations in spectrum assigned by auction until the licensee
brings the spectrum into use by initiating commercial service.
(c) Inclusion in Service Rules.--The Commission shall include in
the service rules of an auction for spectrum any rules promulgated
under subsection (b).
(d) Inclusion in Reports.--The Commission shall ensure that each
report submitted to Congress under section 1006 of the Bipartisan
Budget Act of 2015 (Public Law 114-74; 129 Stat. 584) reflects the
rulemaking required under this section.
SEC. 4. NATIONAL STRATEGY FOR UNLICENSED SPECTRUM.
(a) Statement of Policy.--It is the policy of the United States
to--
(1) maximize the utility of the spectrum resources of the
United States;
(2) advance innovation and investment in wireless broadband
services; and
(3) promote a balanced spectrum policy that makes adequate
spectrum resources available for both licensed and unlicensed
technologies.
(b) National Strategy.--Not later than 1 year after the date of
enactment of this Act, the Commission, in consultation with the
Assistant Secretary, shall develop a national strategy for making
additional radio frequency bands available for unlicensed operations.
(c) Considerations.--The strategy developed under subsection (b)
shall include--
(1) identification of proposed radio frequency bands to be
cleared of incumbent users to permit use by devices conducting
unlicensed operations;
(2) consideration of a balanced approach that ensures that
consumers have access to additional low-, mid-, and high-band
radio frequency spectrum to conduct unlicensed operations;
(3) consideration of rules to permit spectrum sharing to
make available additional radio frequency ranges for unlicensed
operations, including--
(A) expanding utilization of the spectrum sharing
model implemented by the Commission for the spectrum
between 3550 and 3650 megahertz;
(B) allowing underlay unlicensed operations in
spectrum allocated for other services in a manner that
does not cause harmful interference to licensees; and
(C) any other spectrum sharing approach that the
Commission finds will--
(i) expand opportunities for unlicensed
operations in a spectrum band; or
(ii) otherwise improve spectrum
utilization;
(4) examination of additional ways to improve the accuracy
and efficacy of existing and planned databases or spectrum
access systems designed to promote spectrum sharing and access
to spectrum for unlicensed operations; and
(5) consideration of the extent to which additional bands
used for unlicensed operations may be harmonized to achieve
greater economies of scale.
(d) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes the
strategy developed under subsection (b), including any
recommendations for legislative change.
(2) Publication on commission website.--Not later than the
date on which the Commission submits the report under paragraph
(1), the Commission shall make the report publicly available on
the website of the Commission.
SEC. 5. MAKING FEDERAL SPECTRUM AVAILABLE FOR UNLICENSED OPERATION.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Assistant Secretary, in conjunction with the
Commission and the Director of the Office of Management and Budget,
shall submit to the appropriate committees of Congress a report on the
steps necessary to designate additional radio frequency bands used by
Federal entities for unlicensed operations in a manner that does not
cause harmful interference to Federal Government operations.
(b) Considerations.--The report required under subsection (a) shall
consider--
(1) recommendations on how to reform the Spectrum
Relocation Fund to address costs incurred by Federal entities
related to sharing radio frequency bands with radio
technologies conducting unlicensed operations;
(2) recommendations for ensuring the solvency of the
Spectrum Relocation Fund if the Spectrum Relocation Fund is
used to cover the costs described in paragraph (1);
(3) whether it may be possible for unlicensed operations to
be permitted on an underlay basis in spectrum bands used by
Federal entities without causing harmful interference to
Federal Government operations, including impacting homeland
security or national security communications needs; and
(4) whether other spectrum sharing techniques may be used
to facilitate access by radio technologies conducting
unlicensed operations to Federal spectrum, such as with the
access system used by the Commission for the spectrum between
3550 and 3650 megahertz. | Promoting Unlicensed Spectrum Act of 2015 This bill requires the Federal Communications Commission (FCC) to ensure that spectrum allocation and assignment produces a balance between radio frequency bands available for: (1) exclusive licensing through an auction, and (2) unlicensed operations on a nonexclusive basis without the expectation of protection from interference. The FCC must consider whether to adopt rules that permit unlicensed operations in spectrum assigned by auction until the licensee brings the spectrum into use by initiating commercial service. The bill declares that it is the policy of the United States to: maximize the utility of the spectrum resources of the United States, advance innovation and investment in wireless broadband services, and promote a balanced spectrum policy that makes adequate spectrum resources available for both licensed and unlicensed technologies. The FCC must consult with the National Telecommunications and Information Administration (NTIA) to develop a national strategy for making additional radio frequency bands available for unlicensed operations. The strategy must: (1) identify proposed radio frequency bands to be cleared of incumbent users; (2) ensure that consumers have access to additional low-, mid-, and high-band frequencies for unlicensed operations; and (3) consider rules and other ways to promote spectrum sharing and improve spectrum utilization. The NTIA, in conjunction with the FCC and the Office of Management and Budget, must submit to Congress a report on the steps necessary to designate additional radio frequency bands used by federal entities for unlicensed operations without causing harmful interference to government operations. The report must consider the impact on homeland security or national security communications and include recommendations to ensure the solvency of the Spectrum Relocation Fund. | {"src": "billsum_train", "title": "Promoting Unlicensed Spectrum Act of 2015"} | 1,393 | 338 | 0.642038 | 1.827878 | 0.948537 | 4.990415 | 4.111821 | 0.907348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bovine Growth Hormone Milk Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Synthetic recombinant bovine growth hormone (in this
section referred to as ``synthetic BGH'') is a product of
genetic engineering and is the first food product of genetic
engineering to be in direct widespread use in the consumer
marketplace and to be ingested in significant amounts by
infants and children.
(2) Synthetic BGH injections in dairy cows result in a
residue of synthetic BGH in the milk produced by injected cows.
(3) Synthetic BGH injections of dairy cows result in
increased levels of bovine insulin-like growth factor in the
milk produced by injected cows. According to the American
Medical Association and others, further studies are required to
determine whether human ingestion of higher than normal levels
of bovine insulin-like growth factor is safe.
(4) Synthetic BGH injections result in a variety of health
problems in injected cows, including significant increases in
mastitis (an infection of the cow's udder that results in
visibly abnormal milk).
(5) The cow health problems resulting from synthetic BGH
injections will result in a significant increased use of
antibiotics in injected cows. Many of the antibiotics used to
treat mastitis in dairy cows are not detected in the usual milk
monitoring process. The Food and Drug Administration determined
that synthetic BGH poses a ``manageable risk'' to consumers
because of the increased risk of antibiotics entering the
consumer milk supply.
(6) Consumers are concerned about hormones and antibiotics
in their food and humane treatment of animals and have shown
overwhelming support for labeling of milk and milk products
produced with synthetic BGH.
(7) According to the Office of Management and Budget,
synthetic BGH use will result in an increase in Federal budget
costs of over $500,000,000 in the next 5 years and a decrease
in overall dairy farm income of $1.3 billion dollars in that
same period.
(8) As of June 1994, the European Community had a
moratorium on the commercial use of synthetic BGH and the
Canadian Parliament had recommended a similar moratorium.
Australia and New Zealand, where one quarter of the world's
milk is produced, refused to approve synthetic BGH.
(9) Consumers have a right to know if the milk they consume
has been produced with synthetic BGH.
(10) Both States and individual companies have begun to
take actions to label products produced with synthetic BGH.
(11) Confusion surrounding label claims and regulations
have resulted in lawsuits against States and companies who have
implemented label programs.
(12) There is a need for a common label to provide
consumers across the country with a simple and accessible means
of identifying milk produced with synthetic BGH.
(13) A synthetic BGH residue test is needed to validate
label claims in order to ensure consumers that the labels are
truthful and not misleading.
(14) A residue test is generally required when a drug is
found to leave a residue in a human food product.
(15) Scientific organizations, including the American
Medical Association and the Consumers Union, have stated that a
synthetic BGH residue test can be devised. Much of the
preliminary research for a test has already been completed.
Claims have been made that a test already has been successfully
developed in a lab.
TITLE I--LABELING
SEC. 101. LABELING.
(a) In General.--The Secretary of Agriculture shall require the
following labeling of milk and milk products:
(1) If it is milk that--
(A) is intended for human consumption; and
(B)(i) is produced by cows that have been injected
with synthetic BGH; or
(ii) has been commingled with milk produced by such
cows,
the labeling of the milk shall bear the following statement:
``This milk was produced by cows injected with synthetic
BGH.''.
(2) If it is a milk product that is intended for human
consumption and is derived from milk described in paragraph
(1), the labeling of the milk product shall bear the following
statement: ``This milk product was derived from milk produced
by cows injected with synthetic BGH.''.
SEC. 102. RECORDS.
(a) Records.--A person who sells synthetic BGH, purchases the
hormone, distributes the hormone, or injects the hormone into a cow
shall prepare and maintain records that comply with the regulations
issued by the Secretary of Agriculture under subsection (b).
(b) Regulations regarding records.--
(1) Persons covered.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Agriculture shall
issue regulations that require--
(A) persons who sell synthetic BGH;
(B) persons who purchase synthetic BGH;
(C) persons who distribute synthetic BGH; and
(D) persons who inject synthetic BGH into cows,
to create and maintain records that contain the applicable
information specified in paragraph (2).
(2) Information.--Regulations issued under paragraph (1)
shall require records to contain a description of--
(A) the quantity and source of the synthetic BGH
obtained (by manufacture, purchase, or any other
means);
(B) the date on which the hormone was obtained; and
(C) the identity of each person to whom the hormone
was sold or otherwise distributed, the cows into which
any portion of the hormone was injected, and each
person who has an operator or ownership interest in the
cows.
(c) Other Regulations.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue
regulations that establish--
(1) requirements with respect to the sale, distribution,
and administration of synthetic BGH; and
(2) such other requirements with respect to the use of
synthetic BGH as the Secretary may determine to be necessary to
carry out the objectives of this Act.
SEC. 103. DEFINITIONS.
As used in this section--
(1) The term ``synthetic BGH'' means--
(A) a substance described as bovine somatotropin,
bST, BST, bGH, or BGH; and
(B) a growth hormone, intended for use in bovine
animals, that has been produced through recombinant DNA
techniques.
(2) The term ``cow'' means a bovine animal.
SEC. 104. ENFORCEMENT.
(a) In General.--If any person fails to label milk or a milk
product in accordance with section 101, fails to comply with the
recordkeeping requirements of section 102, or otherwise fails to comply
with the requirements of this title (or any regulation prescribed under
this title), the person shall be liable to the Secretary of Agriculture
for a civil penalty in an amount not to exceed $10,000 per violation.
(b) Judicial Enforcement.--The Secretary may enforce subsection (a)
in the courts of the United States.
TITLE II--REDUCTION IN PRICE
SEC. 201. REDUCTION IN PRICE RECEIVED FOR MILK PRODUCED BY COWS
INJECTED WITH SYNTHETIC BOVINE GROWTH HORMONE.
(a) Reduction in Price.--Section 204 of the Agricultural Act of
1949 (7 U.S.C. 1446e) is amended--
(1) by redesignating subsections (i) through (k) as
subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following new
subsection:
``(i) Reduction in Price Received for Milk Produced by Cows
Injected With Synthetic Bovine Growth Hormone.--
``(1) In general.--Beginning January 1, 1995, in addition
to any reduction in price required under subsections (g) and
(h), the Secretary shall provide for a reduction in the price
received by producers who inject cows with synthetic BGH for
milk--
``(A) produced in the 48 contiguous States;
``(B) marketed by producers for commercial use; and
``(C) produced by cows that are injected with
synthetic BGH.
``(2) Amount.--The amount of the reduction under paragraph
(1) in the price received by producers shall be the amount,
determined by the Secretary, that is equal to the increased
cost of purchasing milk and the products of milk under this
section as the result of the injection of cows with synthetic
BGH. The increased milk supplies shall be determined as the
amount of milk in excess of the amount of milk purchases
projected in baseline for Federal purchases without the
introduction of synthetic BGH.
``(3) Definitions.--As used in this subsection:
``(A) Synthetic bgh.--The term ``synthetic BGH''
means--
``(i) a substance described as bovine
somatotropin, bST, BST, bGH, or BGH; and
``(ii) a growth hormone, intended for use
in bovine, that has been produced through
recombinant DNA techniques.
``(B) Milk.--The term `milk' includes--
``(i) milk produced by cows that have been
injected with synthetic BGH; and
``(ii) milk that has been commingled with
milk produced by cows that have been injected
with synthetic BGH.''; and
(3) in subsection (j) (as redesignated by paragraph (1)),
by striking ``subsection (g) or (h)'' both places it appears
and inserting ``subsection (g), (h), or (i)''.
(b) Conforming Amendment Regarding Excess Purchases.--Subsection
(g) of such section is amended--
(1) in paragraph (2)(A), by inserting after ``unrestricted
use'' the following: ``and purchases whose costs are covered by
the reduction in price required by subsection (i)''; and
(2) by adding at the end the following new paragraph:
``(4) Condition on estimation of purchases.--In estimating
the level of Commodity Credit Corporation purchases of milk and
the products of milk for purposes of this subsection, the
Secretary shall exclude those Commodity Credit Corporation
purchases whose costs are covered under subsection (i) by the
reduction in price received by producers who inject cows with
synthetic BGH.''.
TITLE III--RESIDUE TEST
SEC. 301. RESIDUE TEST.
At the earliest possible date, the Secretary of Health and Human
Services shall develop a scientifically valid synthetic BGH residue
test to--
(1) detect the presence of the residue of synthetic BGH in
milk produced from cows injected with such hormone, and
(2) assure compliance with labeling laws.
After the test is developed the Secretary shall make the test available
to public health and agricultural agencies of the States and
commercially available at the lowest possible cost to dairy producers
and processors. | Bovine Growth Hormone Milk Act -
Title I: Labeling
- Directs the Secretary of Agriculture (Secretary) to impose labeling requirements on milk and milk products intended for human consumption produced from cows treated with synthetic bovine growth hormone (BGH).
Directs the Secretary to issue recordkeeping regulations for persons who sell, buy, distribute, or use synthetic BGH.
Establishes civil penalties for labeling, recordkeeping, or related violations.
Title II: Reduction in Price
- Amends the Agricultural Act of 1949 to reduce the price received for milk produced by cows injected with synthetic BGH.
Title III: Residue Test
- Directs the Secretary of Health and Human Services to develop a detection test for synthetic BGH residues in milk. | {"src": "billsum_train", "title": "Bovine Growth Hormone Milk Act"} | 2,427 | 170 | 0.497302 | 1.30905 | 0.671163 | 2.342657 | 15.461538 | 0.86014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bison Management Improvement Act of
1995''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that:
(1) The natural resources of Yellowstone National Park are
unique to the world, and the free-ranging wildlife found within
and adjacent to the park, including bison and elk, are of
significant economic, recreational, and esthetic value to the
American people.
(2) The livestock industry is vital to the economy,
culture, and lifestyle of the Yellowstone area.
(3) The ability of livestock producers in Montana, Wyoming,
and Idaho to freely market cattle is jeopardized by uncertainty
concerning the application of the Uniform Methods and Rules of
the National Brucellosis Eradication Program and by actions of
other States.
(4) The containment and eventual elimination of the disease
brucellosis in the Yellowstone area is important to the
maintenance of State livestock-dependent economies.
(5) Better scientific information is needed regarding the
etiology of Brucella abortus in wildlife, the potential for
containment and eventual elimination of the disease, and the
potential for transmission between wildlife and domestic
livestock.
(6) Bison are of significant cultural and spiritual value
to Native Americans, and preservation and restoration of
buffalo to tribal lands is important.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) provide a comprehensive framework to address plans for
the containment and eventual elimination of brucellosis from
the Yellowstone area by the year 2010;
(2) recognize the cultural, spiritual, and economic value
of bison to Native Americans and to promote the restoration of
these animals to tribal lands;
(3) to support, promote, and coordinate scientific research
related to the management necessary to achieve containment and
eventual elimination of brucellosis from the Yellowstone area;
(4) to provide economic stability to the livestock
producers in Montana, Idaho, and Wyoming by establishing
criteria and regulatory guidelines for such management;
(5) assure that brucellosis related management
recommendations and decisions are based on defensible and
factual scientific information; and
(6) to ensure that Yellowstone wildlife are managed in a
manner that allows bison and other ungulates to range across
jurisdictional boundaries on public lands in the Yellowstone
area.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``Yellowstone area'' means the area consisting
of the lands, water, and interests therein within the area
generally depicted on the map entitled ``Boundary Map'',
numbered , and dated . The map shall be
on file and available for public inspection in the offices of
the Animal Plant Health Inspection Service, United States
Department of Agriculture and the National Park Service,
Department of the Interior. The Secretaries may from time to
time make minor revisions in the boundary of the natural area
to promote management effectiveness and efficiency in the
furtherance of this Act.
(2) The term ``brucellosis'' means a disease which causes
abortion in cattle and some other ungulates as a result of
infection by Brucella abortus.
(3) The term ``Yellowstone Interagency Brucellosis
Committee'' means the committee established by States of
Wyoming, Idaho, and Montana, and the United States Department
of Agriculture and the United States Department of the
Interior, signatories to a Memorandum of Understanding.
(4) The term ``surplus bison'' means populations,
subpopulations, or individual bison that are located on or may
enter on to private property against the wishes of the
landowner, come into contract with or intermingle with the
lawfully present livestock on public lands, or that have
exceeded the numbers allowed under planning documents for
discrete geographic areas.
(5) The term ``Secretaries'' means the Secretary of
Agriculture and the Secretary of the Interior.
SEC. 5. YELLOWSTONE BRUCELLOSIS FREE MANAGEMENT AREA.
For the purposes of protecting exceptional wildlife and
agricultural values, providing for better management of Yellowstone
National Park bison herds, and providing a comprehensive approach to
the management, containment, and eventual elimination of brucellosis
from the Yellowstone area, there is hereby established the Yellowstone
Brucellosis Free Management Area. This area is defined in section 4 as
``Yellowstone area''.
SEC. 6. POWERS AND DUTIES OF SECRETARIES.
(a) Within Yellowstone Brucellosis Free Management Area.--Within
the Yellowstone Brucellosis Free Management Area, the Secretaries are
authorized and directed to develop joint bison and elk management plans
with the respective States of Montana, Wyoming, and Idaho. Such plans
shall provide for temporal and spatial separation of bison from
lawfully present cattle on public lands unless the Secretary of
Agriculture determines that currently available vaccination programs
provide sufficient protection from Brucella abortus and that cattle and
bison can be present on the same lands concurrently. These plans shall
allow for the seasonal migration of elk and bison populations.
(b) Transport of Bison to Tribal Lands.--The Secretary of
Agriculture shall develop plans and protocols that will allow
quarantine of surplus bison and following quarantine transportation of
such bison to tribal lands.
(c) Wildlife Populations.--The Secretary of Agriculture shall
develop and implement plans in cooperation with the respective States
for the elimination of Brucella abortus from the wildlife populations
of the Yellowstone area. Such plans shall recognize the high public
value associated with free-ranging ungulate herds.
(d) Use of Yellowstone Interagency Brucellosis Committee.--
Notwithstanding the Federal Advisory Committee Act, the Secretaries may
use the Yellowstone Interagency Brucellosis Committee, or any of its
subcommittees, to develop the plans and recommendations necessary to
achieve the purposes of this Act.
SEC. 7. ADMINISTRATION.
(a) In General.--Based on the best scientific information
available, the Secretary of Agriculture is authorized, with the
concurrence of the Secretary of the Interior, to prescribe regulations
necessary to carry out the purposes and objectives of this Act.
(b) Factors.--In prescribing such regulations, the Secretaries
shall give full consideration to all factors which affect the important
ecological relationships of wildlife in the Yellowstone area and the
need to provide market stability for cattle producers, including but
not limited to--
(1) providing reasonable and achievable transportation
protocols for the transportation, quarantine, and restoration
of bison to Native American lands;
(2) the need to provide the States of Montana, Idaho, and
Wyoming reasonable assurances regarding their Class-Free
Brucellosis Status and reduce any unfair market barriers
imposed by other States as a result of free-ranging bison; and
(3) provide special rules under the National Brucellosis
Eradication Program that preserves the Class-Free Brucellosis
Status for Montana, Idaho, and Wyoming outside of the
Yellowstone area while recognizing the special needs and
considerations within the Yellowstone Brucellosis Free
Management Area.
SEC. 8. RESEARCH AUTHORIZATION.
(a) In General.--The Secretary of Agriculture shall undertake a
program of research through the Agricultural Research Service to
understand the etiology of Brucella abortus in wild ungulate
populations, brucellosis transmission from wild ungulates to domestic
livestock, and to develop safe, effective vaccines and delivery systems
that will prevent the transmission of the disease between ungulate
species and ultimately eliminate the organism from the Yellowstone
area.
(b) Grants and Financial Assistance.--The Secretary of Agriculture
and the Secretary of the Interior are authorized to make grants, or to
provide financial assistance in such other form as they deem
appropriate, to any Federal or State agency, public or private
institution, or other person for the purpose of assisting such agency,
institution, or person to undertake research in subjects which are
relevant to the management and elimination of the disease brucellosis
from the Yellowstone area.
SEC. 9. DISPOSITION OF SURPLUS BISON.
(a) General Authorization.--The Secretaries shall work with the
States and Indian tribes in the management and disposition of bison
determined by the Secretary of the Interior to be surplus bison.
(b) Facilities.--The Secretaries are authorized to construct
temporary or permanent handling, capture, quarantine, or testing
facilities on or adjacent to Federal lands. Such facilities shall be
subject to full compliance under the National Environmental Policy Act
of 1969, the Endangered Species Act of 1973, and applicable State laws.
(c) Donation, Sale, or Disposal of Bison.--(1)(A) The Secretary of
the Interior is authorized in his discretion under such conditions as
he may prescribe to give bison to Federal, State, county, and municipal
authorities for zoos, parks, or equivalent public purposes. The
Secretary may provide surplus bison to Native American tribes, tribal
cooperatives, or other tribal organizations as he may prescribe.
(B) The transportation costs associated with receiving elk or bison
under subparagraph (A) shall be recovered from the benefiting
organization.
(2) The Secretary may sell or otherwise dispose of bison under such
conditions as he may prescribe and all monies received from the sale of
any such surplus bison shall be credited to the appropriation current
at the time to offset management costs.
SEC. 10. USE AND ACQUISITION OF LANDS.
Within the Yellowstone area, the Secretaries may acquire lands or
interest in lands for the purpose of carrying out the provisions of
this Act, including lands for handling, capturing, testing,
quarantining, or transporting. Acquisition or use is authorized by
lease, cooperative agreement, donation, purchase with donated, or
appropriated funds.
SEC. 11. LIMITATION ON FEDERAL ACTION.
The Secretary of Agriculture shall take no action to downgrade the
Class-Free Brucellosis Status of the states of Montana, Wyoming, or
Idaho under the rules of the National Brucellosis Eradication Program
as long as the Interim Bison Management Plan currently in effect and
bison and elk management plans currently under development continue to
provide adequate temporary and spatial separation between bison, elk,
and livestock.
SEC. 12. LIMITATION ON STATE ACTION.
No State shall impose requirements on livestock originating from
Montana, Wyoming, or Idaho, that it does not impose on other States
that have been designated Brucellosis Class-Free as long as the United
States Department of Agriculture brucellosis free designation remains
in place.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Department of the Interior and the Department of Agriculture such sums
as are necessary to carry out the purposes of this Act.
(b) Availability.--Funds appropriated for planning or research
shall remain available until expended. | Bison Management Improvement Act of 1995 - Establishes the Yellowstone Brucellosis Free Management Area in Montana, Wyoming, and Idaho.
Directs the Secretaries of Agriculture and of the Interior to develop joint bison and elk management plans with the States.
Requires the Secretary of Agriculture (Secretary) to: (1) develop plans and protocols that will allow quarantine of surplus bison and following quarantine transportation of such bison to tribal lands; and (2) develop and implement plans in cooperation with such States for the elimination of Brucella abortus from the wildlife populations of the Area.
Allows the Secretaries to use the Yellowstone Interagency Brucellosis Committee or its subcommittees to develop the plans and recommendations necessary to achieve the purposes of this Act.
Directs the Secretary to undertake a program of research through the Agricultural Research Service to understand the etiology of Brucella abortus in wild ungulate populations and brucellosis transmission from wild ungulates to domestic livestock, and to develop safe, effective vaccine and delivery systems that will prevent the transmission of the disease between ungulate species and ultimately eliminate the organism from the Area.
Authorizes the Secretaries to make grants or provide financial assistance to Federal or State agencies, public or private institutions, or other persons undertaking research in subjects which are relevant to the management and elimination of Brucellosis from the Area.
Directs the Secretaries to work with the States and Indian tribes in the management and disposition of bison determined by the Secretary of the Interior to be surplus. Authorizes the Secretaries to construct temporary or permanent handling, capture, quarantine, or testing facilities on, or adjacent to, Federal lands that are subject to full compliance under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and applicable State laws. Outlines provisions concerning: (1) donation, sale, or disposal of bison; and (2) use and acquisition of lands within the Area to carry out this Act.
Prohibits the Secretary from taking action to downgrade the Class-Free Brucellosis Status of Montana, Wyoming, and Idaho under the rules of the National Brucellosis Eradication Program as long as the Interim Bison Management Plan currently in effect and bison and elk management plans currently under development continue to provide adequate temporary and spatial separation between bison, elk, and livestock.
Bans a State from imposing requirements on livestock originating from such States that it does not impose on other States that have been designated Brucellosis Class-Free as long as the Department of Agriculture brucellosis-free designation remains in place.
Authorizes appropriations. | {"src": "billsum_train", "title": "Bison Management Improvement Act of 1995"} | 2,429 | 589 | 0.688588 | 2.421736 | 0.7619 | 6.208333 | 4.429167 | 0.954167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Term and Publication Reform
Act of 1994''.
SEC. 2. PATENT SIMPLIFICATION.
(a) Definition.--Section 100 of title 35, United States Code, is
amended by adding at the end thereof the following:
``(e) The term `filing date' means the earliest of the actual
filing date or any priority date claimed by the applicant under section
119, 120, or 365.''.
(b) Conditions for Patentability; Novelty and Loss of Right to
Patent.--Section 102(e) of title 35, United States Code, is amended to
read as follows:
``(e) the invention was described in--
``(1) a published patent application,
``(2) a patent granted on an application for patent by
another filed in the United States before the invention thereof
by the applicant for patent, or
``(3) in an international application that--
``(A) is filed by another before the invention
thereof by the applicant for patent, and
``(B) enters the national stage under section 371,
or''.
(c) Benefit of Earlier Filing Date; Right of Priority.--(1) Section
119 of title 35, United States Code, is amended--
(A) in the section heading by striking out ``in foreign
country'';
(B) by designating the first, second, third, and fourth
undesignated paragraphs as subsections (a), (c), (d), and (e),
respectively; and
(C) by inserting after subsection (a) (as designated by
subparagraph (B) of this paragraph) the following new
subsection:
``(b)(1) An application for patent for an invention described in
paragraph (2) that is filed by an inventor named in the previously
filed application described under paragraph (2), shall have the same
effect, as to such invention, as if such application had been filed on
the filing date of the previously filed application, if such
application--
``(A) is filed within one year after the filing date of the
previously filed application (or earlier priority date); and
``(B)(i) contains a specific reference to the previously
filed application; or
``(ii) within three months after the actual filing date of
such application, is amended to contain--
``(I) a specific reference to the previously filed
application; or
``(II) such other item as the Commissioner may
prescribe.
``(2) An invention referred to under paragraph (1) is an invention
that is disclosed--
``(A) in the specification as provided under section 112 in
an application filed in the United States before the
application described under paragraph (1) is filed; or
``(B) as provided under section 363.''.
(2) The table of sections for chapter 11 of title 35, United States
Code, is amended in the item relating to section 119 by striking out
``in foreign country''.
(d) Benefit of Earlier Filing Date in the United States.--Section
120 of title 35, United States Code, is amended to read as follows:
``Sec. 120. Benefit of earlier filing date in the United States
``(a) An application for patent for an invention described under
subsection (b) that is filed by an inventor named in the previously
filed application described under subsection (b), shall have the same
effect, as to such invention, as if such application had been filed on
the filing date of the previously filed application, if such
application--
``(1) is filed before the patenting, abandonment of, or
termination of proceedings on--
``(A) the previously filed application; or
``(B) an application similarly entitled to the
benefit of the filing date of the previously filed
application;
``(2) is not otherwise entitled to a priority right under
section 119(b); and
``(3)(A) contains a specific reference to the previously
filed application; or
``(B) within fifteen months after the actual filing date of
such application, is amended to contain--
``(i) a specific reference to the previously filed
application; or
``(ii) such other item as the Commissioner may
prescribe.
``(b) An invention referred to under subsection (a) is an invention
that is disclosed--
``(1) in the specification as provided under section 112 in
an application filed in the United States before the
application described under subsection (a) is filed; or
``(2) as provided under section 363.''.
(e) Opening of Patent Applications; Confidential Status.--(1)
Section 122 of title 35, United States Code, is amended to read as
follows:
``Sec. 122. Opening of patent applications; confidential status
``(a) Except as provided under subsection (b), applications for
patents shall be kept in confidence by the Patent and Trademark Office
and no information concerning such applications may be disclosed.
``(b) On and after the date occurring 18 months after the filing
date of an application for patent (including all priority claims) each
application for patent shall be open to public inspection and copies
shall be made available to the public under such procedures as may be
determined by the Commissioner, except--
``(1) an application may be made so available during such
18-month period if confidentiality is waived by the applicant;
and
``(2) an application may be maintained in secrecy under any
order under chapter 17.
``(c) The Commissioner shall publish each patent application
promptly when open to public inspection under subsection (b).''.
(2) The table of sections for chapter 11 of title 35, United States
Code, is amended by amending the item relating to section 122 to read
as follows:
``122. Opening of patent applications; confidential status.''.
(f) Contents and Term of Patent.--Section 154 of title 35, United
States Code, is amended to read as follows:
``Sec. 154. Contents and term of patent
``(a)(1) Subject to the provisions of paragraph (2), every patent
shall contain--
``(A) a short title of the invention;
``(B) a grant to the patentee, and the heirs or assigns of
the patentee--
``(i) for a term beginning on the date on which the
patent is issued and ending on a date 20 years from the
date on which the application for patent is filed in
the United States, excluding any claims of priority
under section 119 or 365;
``(ii) of the right to exclude others from making,
using, or selling the invention throughout the United
States or importing the invention into the United
States;
``(iii) if the invention is a process, of the right
to exclude others from using or selling throughout the
United States, or importing into the United States,
products made by that process; and
``(iv) that refers to the specification for the
particulars of the invention; and
``(C) a copy of the specification and drawings which shall
be annexed to the patent and be a part of the patent.
``(2) The grant of a patent shall be subject to the payment of fees
as provided by this title.
``(b)(1) In addition to the contents described under subsection
(a), the grant of a patent described under paragraph (2) shall
additionally include the right to obtain a reasonable royalty from any
other person who, during the period before the grant--
``(A)(i) makes, uses, or sells the claimed invention in the
United States, or imports the claimed invention into the United
States; or
``(ii) if the claimed invention is a process, uses or sells
throughout the United States or imports into the United States
products made by that process; and
``(B) had actual knowledge of the published application.
``(2) Paragraph (1) applies to any patent--
``(A) that is granted based on an application published
under section 122(c) before such patent is granted; and
``(B) to the extent the patent claims in the issued patent
are substantially identical with the claims in such published
application.''.
(g) Term of Design Patent.--Section 173 of title 35, United States
Code, is amended by striking out ``fourteen years.'' and inserting in
lieu thereof ``seventeen years from the filing date, as determined
under section 154(a) of this title.''.
SEC. 3. EFFECTIVE DATE AND APPLICABILITY.
The provisions of this Act and the amendments made by this Act
shall take effect 90 days after the date of the enactment of this Act
and shall apply only to applications filed on and after such effective
date. | Patent Term and Publication Reform Act of 1994 - Provides for a 20-year patent term, beginning from the date that the application is filed. (Under current law, a patent term runs for 17 years from the date the patent is granted.)
Provides for the publication of a patent application 18 months after its filing.
Specifies that patents for designs may be granted for terms of three years and six months, seven years, or 17 (currently, 14) years, as the applicant elects in the application. | {"src": "billsum_train", "title": "Patent Term and Publication Reform Act of 1994"} | 1,934 | 115 | 0.51438 | 1.285795 | 0.569717 | 1.592233 | 18.466019 | 0.854369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare IVIG Access Enhancement
Act''.
SEC. 2. MEDICARE PATIENT IVIG ACCESS DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish and
implement a demonstration project under part B of title XVIII of the
Social Security Act to evaluate the benefits of providing payment for
items and services needed for the in-home administration of intravenous
immune globulin for the treatment of chronic inflammatory demyelinating
polyneuropathy or multifocal motor neuropathy.
(b) Duration and Scope.--
(1) Duration.--Beginning not later than 1 year after the
date of enactment of this Act, the Secretary shall conduct the
demonstration project for a period of 3 years.
(2) Scope.--The Secretary shall enroll not greater than
3,000 Medicare beneficiaries who have been diagnosed with
chronic inflammatory demyelinating polyneuropathy or multifocal
motor neuropathy for participation in the demonstration
project. A Medicare beneficiary may participate in the
demonstration project on a voluntary basis and may terminate
participation at any time.
(c) Coverage.--Except as otherwise provided in this section, items
and services for which payment may be made under the demonstration
program shall be treated and covered under part B of title XVIII of the
Social Security Act in the same manner as similar items and services
covered under such part.
(d) Payment.--
(1) Intravenous immune globulin.--For intravenous immune
globulin furnished under this section, the Secretary shall make
payment using the payment methodology under section 1847A of
the Social Security Act (42 U.S.C. 1395w-3a).
(2) Other items and services.--
(A) In general.--The Secretary shall establish,
subject to subparagraph (B), a per-visit payment amount
for items and services (other than intravenous immune
globulin) needed for the in-home infusion of
intravenous immune globulin for the treatment of
chronic inflammatory demyelinating polyneuropathy or
multifocal motor neuropathy based on the national per
visit low-utilization payment amount under the
prospective payment system for home health services
established under section 1895 of the Social Security
Act (42 U.S.C. 1395fff).
(B) Limitation.--The per-visit payment amount
established under subparagraph (A) for items and
services described in such subparagraph shall not be
less than the payment amount applied under the
demonstration project established under section 101 of
the Medicare IVIG Access and Strengthening Medicare and
Repaying Taxpayers Act of 2012 (Public Law 112-242) for
comparable items and services needed for the in-home
administration of intravenous immune globulin for the
treatment of primary immune deficiency diseases.
(e) Waiver Authority.--The Secretary may waive such requirements of
title XVIII of the Social Security Act as may be necessary to carry out
the demonstration project.
(f) Reports to Congress.--
(1) Interim evaluation and report.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall
submit to Congress a report that contains--
(A) an evaluation of the impact of the
demonstration project on access for Medicare
beneficiaries with chronic inflammatory demyelinating
polyneuropathy and Medicare beneficiaries with
multifocal motor neuropathy to items and services
needed for the in-home administration of intravenous
immune globin; and
(B) an analysis of the appropriateness of expanding
or extending the demonstration project or implementing
a new methodology for payment for intravenous immune
globulins in all care settings under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395k et
seq.) and, to the extent such analysis determines such
an expansion, extension, or methodology appropriate,
recommendations for such expansion, extension, or
methodology, respectively.
(2) Final evaluation and report.--Not later than one year
after the date of completion of the demonstration project, the
Secretary shall submit to Congress a report that contains--
(A) a final evaluation of the impact described in
paragraph (1)(A); and
(B) a final analysis and recommendations described
in paragraph (1)(B).
(g) Definitions.--In this section:
(1) Demonstration project.--The term ``demonstration
project'' means the demonstration project conducted under this
Act.
(2) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual who is enrolled for benefits
under part B of title XVIII of the Social Security Act. | Medicare IVIG Access Enhancement Act This bill requires the Centers for Medicare & Medicaid Services to establish a three-year demonstration project to evaluate the benefits of providing Medicare coverage and payment for items and services needed for the in-home administration of intravenous immune globulin to treat chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy. Beneficiary participation shall be voluntary. | {"src": "billsum_train", "title": "Medicare IVIG Access Enhancement Act"} | 1,070 | 91 | 0.664227 | 1.819816 | 1.311982 | 4.149254 | 13.149254 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Lab Eradication Act''.
SEC. 2. TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE
TO SCHEDULE V; EXCEPTION FOR LIST I PSEUDOEPHEDRINE
PRODUCTS.
(a) Transfer to Schedule V; Exception.--Section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) is amended in schedule V--
(1) by inserting ``(a)'' before ``Any compound''; and
(2) by adding at the end the following:
``(b) Unless specifically excepted or unless listed in another
schedule, any of the following substances, including their salts,
optical isomers, and salts of optical isomers:
``(1) Ephedrine.
``(2) Pseudoephedrine.
``(3) Phenlypropanolamine.
``(c) Pseudoephedrine, including its salts, optical isomers, and
salts of optical isomers, is excepted from this schedule when contained
in a product that--
``(1) is in the form of a liquid, liquid capsule, or
liquid-filled gel capsule;
``(2) does not contain more than 360 milligrams of
pseudoephedrine; and
``(3) is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act.''.
(b) Conforming Amendments Regarding List I Chemicals.--
(1) Definition; striking of provisions relating to
ephedrine and phenylpropanolamine.--Section 102(34) of the
Controlled Substances Act (21 U.S.C. 802(34)) is amended--
(A) by striking subparagraphs (C) and (I);
(B) by redesignating subparagraphs (D) through (H)
as subparagraphs (C) through (G), respectively;
(C) by redesignating subparagraphs (J) through (Y)
as subparagraphs (H) through (W), respectively; and
(D) by moving subparagraphs (N), (Q), and (S) (as
so redesignated) two ems to the left.
(2) List i pseudoephedrine product.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended--
(A) in paragraph (34), by amending subparagraph (I)
(as redesignated by paragraph (1)(C) of this
subsection) to read as follows:
``(I) Pseudoephedrine, and its salts, optical isomers, and
salts of optical isomers, when contained in a list I
pseudoephedrine product (as defined in paragraph (45)).'';
(B) by striking paragraph (45) and inserting the
following:
``(45) The term `list I pseudoephedrine product' means a chemical
specified in paragraph (34)(I) when contained in a product referred to
in schedule V(c).''; and
(C) in paragraph (46)--
(i) in subparagraph (A), by striking ``or
phenylpropanolamine'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(3) Regulated transactions.--The Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended--
(A) in section 102(a)(39)(A), by amending clause
(iv) to read as follows:
``(iv)(I) any transaction in a listed chemical that
is contained in a drug that may be marketed or
distributed lawfully in the United States under the
Federal Food, Drug, and Cosmetic Act (other than a list
I pseudoephedrine product) unless--
``(aa) the Attorney General has determined
under section 204 that the drug or group of
drugs is being diverted to obtain the listed
chemical for use in the illicit production of a
controlled substance; and
``(bb) the quantity of the listed chemical
contained in the drug included in the
transaction or multiple transactions equals or
exceeds the threshold established for that
chemical by the Attorney General; or
``(II) any transaction in a list I pseudoephedrine
product by a retail distributor, unless the Attorney
General has determined under section 204 that the
product is being diverted to obtain pseudoephedrine for
use in the illicit production of methamphetamine; or'';
and
(B) in section 204, by striking subsection (e).
SEC. 3. REQUIREMENTS REGARDING LIST I PSEUDOEPHEDRINE PRODUCTS.
Section 310 of the Controlled Substances Act (21 U.S.C. 830) is
amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by adding at the end the following subsection:
``(d) List I Pseudoephedrine Products.--
``(1) Requirements regarding retail sales.--Each person who
sells at retail a list I pseudoephedrine product shall ensure
that sales of such product are made in accordance with the
following requirements:
``(A) In offering the product for sale, the person
places the product such that customers do not have
direct access to the product before the sale is made
(commonly known as behind-the-counter).
``(B) The person delivers the product directly to
the purchaser, and not through use of the mails or any
private or commercial carrier.
``(C) The person does not sell such a product that
is in the form of a package that can be further broken
down or subdivided into two or more separate and
distinct packages.
``(D) The person does not knowingly sell to an
individual more than one such product during a 24-hour
period.
``(E) The person maintains a written list of sales
of such products that identifies the products, the
purchasers, and the dates and times of the sales (which
list is referred to in this paragraph as the
`logbook)').
``(F) The person does not sell such a product
unless--
``(i) the prospective purchaser--
``(I) is 18 years of age or older;
``(II) presents an identification
card that provides a photograph and is
issued by a State or the Federal
Government; and
``(III) signs the logbook and
legibly prints in the logbook his or
her name, address, and the date and
time of the sale; and
``(ii) the person determines that the name
signed and printed in the logbook corresponds
to the name provided on such identification and
that the date and time entered are correct.
``(G) The person maintains possession of each
logbook for not fewer than two years after the date of
the last sale entered in the logbook.
``(H) The person does not offer a promotion in
which, as part of a purchase transaction, such a
product is provided without charge.
``(I) On the premises of the location involved, the
person posts a clear and conspicuous notice providing
as follows: `Federal law prohibits the over-the-counter
purchase of more than one product containing
pseudoephedrine in a 24-hour period, and prohibits the
over-the-counter purchase of more than 7,500 milligrams
of pseudoephedrine within a 30-day period. If you make
an over-the-counter purchase of such a product, you are
required to sign a logbook that may be accessible to
law enforcement officers.'
``(2) Authority to require certain reports.--
``(A) In general.--With respect to each person who
manufactures a list I pseudoephedrine product, or who
distributes such a product (including a sale at
retail), the Attorney General may by regulation require
the person to report to the Attorney General--
``(i) any uncommon method of payment or
delivery, or any other circumstance that the
person believes may indicate that the product
will be used in violation of this title;
``(ii) any proposed transaction with an
individual or organization whose description or
other identifying characteristic the Attorney
General furnishes in advance to the person; and
``(iii) any unusual or excessive loss or
disappearance of supplies of the product that
are under the control of the person.
``(B) Additional reports for manufacturers and
distributors at wholesale.--With respect to each person
who manufactures a list I pseudoephedrine product, or
who distributes such a product at wholesale, the
Attorney General may by regulation require the person
to report to the Attorney General any transaction
involving an extraordinary quantity of the product.
``(C) Certain regulations.--Regulations under
subparagraphs (A) through (C) of subsection (b)(1)
apply to subparagraphs (A) and (B) of this paragraph to
the extent that the provisions of such subparagraphs of
subsection (b)(1) are identical to the provisions of
such subparagraphs of this paragraph. Subparagraphs (A)
and (B) of this paragraph do not require the Secretary
to promulgate regulations with respect to such
identical provisions.
``(D) Relation to certain exemption.--Subparagraphs
(A) and (B) apply notwithstanding the exemption for
list I pseudoephedrine products under section
102(39)(A)(iv)(II).
``(3) Removal of exception regarding status as list i
chemical.--
``(A) In general.--If the Attorney General
determines that list I pseudoephedrine products are
being diverted for use in the illicit production of
methamphetamine, the Attorney General may by regulation
remove the exception under schedule V(c).
``(B) Relation to section 204.--The authority
established for the Attorney General under subparagraph
(A) is in addition to the authority under section 204.
The Attorney General may apply such section in lieu of
applying subparagraph (A).''.
SEC. 4. REQUIREMENTS REGARDING SCHEDULE V METHAMPHETAMINE-RELATED
PRODUCTS.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following subsection:
``(i) With respect to schedule V methamphetamine-related products
that do not require prescriptions, a registration under this section
for a pharmacy shall provide that, for the general physical location
involved, the registration is subject to the condition that a sale of
such a product at retail be made in accordance with the same
requirements as apply under subparagraphs (B) through (I) of section
310(d)(1) for the sale at retail of list I pseudoephedrine products.''.
(b) Conforming Amendment.--Section 201(g)(1) of the Controlled
Substances Act (21 U.S.C. 811(g)(1)), as amended by section 2(b)(1) of
Public Law 108-358 (118 Stat. 1663), is amended--
(1) by striking ``titles II and III of the Comprehensive
Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.)''
and inserting ``this title and title III''; and
(2) by adding at the end the following: ``The preceding
sentence does not apply to controlled substances specified in
schedule V(b).''.
(c) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) by redesignating paragraph (46) (as amended by section
2(b)(2)(C) of this Act) as paragraph (47); and
(2) by inserting after paragraph (45) the following
paragraph:
``(46)(A) The term `schedule V methamphetamine-related product'
means a product that is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act and--
``(i) contains ephedrine or phenylpropanolamine; or
``(ii)(I) contains pseudoephedrine; and
``(II) is not a list I pseudoephedrine product.
``(B) The term `schedule V pseudoephedrine product' means a product
described in subparagraph (A) to which clause (ii) of such subparagraph
applies.''.
SEC. 5. ENFORCEMENT.
(a) Sales at Retail of Methamphetamine-Related Products.--
(1) In general.--Section 402 of the Controlled Substances
Act (21 U.S.C. 842) is amended--
(A) in subsection (a)--
(i) in paragraph (5), by inserting ``,
other than section 310(d)(2)'' before the
semicolon;
(ii) in paragraph (10), by striking
``section 310; or'' and inserting ``section
310, other than subsection (d)(2);'';
(iii) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(iv) by inserting after paragraph (11) the
following paragraphs:
``(12) who is a retail distributor to knowingly or
negligently sell at retail a list I pseudoephedrine product in
violation of a requirement under section 310(d)(1), or who is a
manufacturer or distributor (retail or wholesale) to fail to
submit a report regarding such a product that is required under
section 310(d)(2) or regulations under such section; or
``(13) who is a pharmacy or pharmacist registered under
section 303(f) to knowingly or negligently sell at retail a
schedule V methamphetamine-related product in violation of any
requirement under section 303(i);''; and
(B) in subsection (c)(1)(B), by inserting before
the period the following: ``, except that this
subparagraph does not apply to a violation of
subsection (a) or (b) of section 310 with respect to a
list I pseudoephedrine product by a person who is not a
retail distributor''.
(2) Conforming amendments.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended--
(A) in subsection (b)(3), in the first sentence, by
inserting after ``shall'' the following: ``, except to
the extent that section 402(a)(13) applies,''; and
(B) in subsection (f)--
(i) in paragraph (1), by inserting after
``shall'' the following: ``, except to the
extent that section 402(a)(12) applies,''; and
(ii) in paragraph (2), by inserting ``,
other than subsection (d)(2),'' after ``section
310''.
(b) Restrictions on Retail Purchases of Pseudoephedrine Products;
Violation of Logbook Requirements for Methamphetamine-Related
Products.--Section 404(a) of the Controlled Substances Act (21 U.S.C.
844(a)) is amended by inserting after the second sentence the
following: ``It shall be unlawful for any person to knowingly or
intentionally purchase at retail without a prescription more than one
schedule V or list I pseudoephedrine product during a 24-hour period,
or more than 7,500 milligrams of pseudoephedrine in such products
during a 30-day period, or to knowingly or intentionally purchase a
schedule V methamphetamine-related product or a list I pseudoephedrine
product without signing the appropriate logbook and printing
information in accordance with section 310(d)(1)(F)(i)(III) or
303(i).''.
(c) Controlled Substances; Unauthorized Manufacturing-Related
Possession or Distribution of Ephedrine, Pseudoephedrine, or
Phenylpropanolamine; Distribution in General.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended--
(1) in subsection (b)(3) (as amended by subsection
(a)(2)(A) of this section), in the first sentence, by inserting
``subsection (g) or'' before ``section 402(a)(13)'' ; and
(2) by adding at the end the following:
``(g)(1) Any person who possesses a controlled substance specified
in schedule V(b) with intent to manufacture a controlled substance
except as authorized by this title, or who possesses, distributes, or
dispenses such a substance knowing, or having reasonable cause to
believe, that the substance will be used to manufacture a controlled
substance except as authorized by this title, shall be sentenced in
accordance with the same provisions as apply under subsection (c).
``(2) Any person who knowingly distributes or dispenses a
controlled substance specified in schedule V(b) in violation of this
title shall, except to the extent that section 402(a)(13) applies, be
fined under title 18, United States Code, or imprisoned not more than 5
years, or both.''.
SEC. 6. IMPORTS.
Section 1002(a) of the Controlled Substances Import and Export Act
(21 U.S.C. 952(a)) is amended--
(1) in the heading for the section, by adding at the end
the following: ``and ephedrine, pseudoephedrine, and
phenylpropanolamine'';
(2) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,''; and
(3) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine, '' after ``coca
leaves''. | Meth Lab Eradication Act - Amends the Controlled Substances Act to transfer ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V. Excepts pseudoephedrine contained in a product that: (1) is in the form of a liquid, liquid capsule, or liquid-filled gel capsule; (2) does not contain more than 360 milligrams of pseudoephedrine; and (3) is approved under the Federal Food, Drug, and Cosmetic Act.
Revises the definition of "regulated transaction" to exclude specified transactions involving drugs or products that the Attorney General determines are being diverted for illicit purposes. Repeals a provision requiring the Attorney General to reinstate an exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product upon determining that the product is manufactured and distributed in a manner that prevents diversion.
Places restrictions on the sale of list I pseudoephedrine products and schedule V methamphetamine-related products. Requires a person selling list I products to: (1) place the products where the customers do not have direct access to them; (2) maintain a sales logbook that identifies the products, purchasers, dates, and times of sales; (3) not sell such products to persons under age 18; and (4) post on the premises a clear and conspicuous notice stating that federal law prohibits the over-the-counter purchase of more than one product containing pseudoephedrine in a 24-hour period or of more than 7,500 milligrams of pseudoephedrine within a 30-day period.
Sets penalties for violations of this Act.
Amends the Controlled Substances Import and Export Act to prohibit (with exceptions) the importation of ephedrine, pseudoephedrine, and phenylpropanolamine. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, and for other purposes."} | 4,307 | 442 | 0.572075 | 1.804596 | 0.664812 | 4.253968 | 10.971429 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Fisheries Waste Reduction
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Current commercial fisheries practices in the United
States and world wide contribute to a significant waste of
edible food resources which are harvested, but discarded
without processing for human consumption or other uses.
(2) Fish currently harvested but discarded without
processing include in some fisheries large numbers of juvenile
fish which would have significantly greater value both as an
economic asset to the fishery and to the maintenance of the
species if they were allowed to reach maturity before
harvesting.
(3) Fish currently harvested but discarded without
processing include in some commercial fisheries significant
numbers of adult fish or fish parts which could be processed
for human consumption, but which are required to be discarded
for various fisheries management purposes, or which are
considered unsuitable for a particular market of immediate
interest to the fishing vessel operator.
(4) Fish currently harvested but discarded without
processing include significant numbers of fish of species for
which there is presently no viable market, but which, if they
remained unharvested, could form the basis for future fisheries
as new markets and processing techniques are developed.
(5) There is cause for concern that current levels of
mortalities among non-target fish species may have adverse
environmental consequences.
(6) High discard levels, if concentrated geographically,
may cause damage to the productivity of the resources using the
ocean bottom and near-bottom areas.
(7) The current level of scientific knowledge is
insufficient to determine if adverse impacts may result from
the removal of nutrients presently returned to the ocean
through the discard of non-target fish species and of
unutilized portions of targeted species.
(8) It is in the national interest both environmentally and
economically to minimize mortalities among non-target species
taken incidentally to the various directed fisheries.
(9) It is in the national interest to encourage the
utilization where practicable of all parts of fish harvested in
directed fisheries for the species.
SEC. 3. AMENDMENTS TO MAGNUSON ACT.
The Fisheries Conservation and Management Act (16 U.S.C. 1801 et.
seq.) is amended--
(1) in subsection 1801(b)(4) by inserting ``in a non-
wasteful manner and'' after ``maintain,'';
(2) in subsection 1801(b)(6) by inserting ``in a non-
wasteful manner'' after ``such development'';
(3) in subsection 1802(21)(B) by inserting ``, including
efforts to limit mortality in non-target species for the
purposes of resource conservation and food production'' after
``ecological factor'';
(4) in section 1802 by adding at the end the following new
paragraph:
``(33) The term `non-target species' means fish caught
incidentally to fishing for a particular species or group of
species and which may or may not be retained aboard the fishing
vessel for subsequent processing and/or sale.'';
(5) in section 1851(a)(1) by adding ``and encourage the
minimization of mortalities among non-target species'' after
``prevent overfishing'';
(6) in section 1851(a)(5) by striking the word ``promote''
and inserting in its place the word ``consider'';
(7) in section 1851(a) by adding at the end the following
new paragraph:
``(8) Conservation and management measures shall encourage
the non-wasteful taking of fishery resources, including the
reduction of discards of fish and fish parts, and the
minimization of mortalities among non-target species.'';
(8) in section 1853(a) by redesignating paragraph (4) as
paragraph (6) and renumbering the subsequent paragraphs
accordingly; and by inserting the following new paragraphs:
``(4) assess and specify--
``(A) to the maximum extent practicable an estimate
by numbers of fish or weight thereof of the extent of
anticipated mortalities among non-target species taken
incidentally to the fishery or fisheries for which the
plan is prepared, and
``(B) to the maximum extent practicable, an
estimate by numbers of fish or weight thereof of
anticipated discard levels of fish and fish parts taken
pursuant to the fishery, but not utilized;
``(5) contain a description of measures intended to reduce
mortalities among non-target species taken incidentally to the
fishery or fisheries for which the plan is prepared, and to
encourage the use of target species in a manner which minimizes
the discard of fish and fish parts;''; and
(9) in section 1853 by adding at the end the following new
subsection:
``(g) Required Amendment of Management Plans.--Each council shall--
``(1) within one year from the date of enactment of this
subsection, submit to the Secretary such amendments for each
management plan under its jurisdiction as are needed to comply
with subsections (a)(4) and (5) of this section; and
``(2) thereafter submit annually to the Secretary a report
identifying any changes to the estimates and descriptions
required in subsection (a) (4) and (5) and in paragraph (1) of
this subsection, and providing an explanation of the cause or
causes of such changes.''. | Commercial Fisheries Waste Reduction Act of 1993 - Amends the Fisheries Conservation and Management Act to require fishery management plans to contain measures which encourage the non-wasteful taking of fishery resources, including the reduction of discards of fish and fish parts. | {"src": "billsum_train", "title": "Commercial Fisheries Waste Reduction Act of 1993"} | 1,160 | 57 | 0.516886 | 1.232901 | 0.946054 | 5.288889 | 24.511111 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Standards and
Technology Authorization Act of 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SCIENTIFIC AND TECHNICAL
RESEARCH AND SERVICES.
(a) Laboratory Activities.--There are authorized to be appropriated
to the Secretary of Commerce for the Scientific and Technical Research
and Services laboratory activities of the National Institute of
Standards and Technology--
(1) $274,513,000 for fiscal year 2000, of which--
(A) $39,960,000 shall be for Electronics and
Electrical Engineering;
(B) $17,916,000 shall be for Manufacturing
Engineering;
(C) $34,061,000 shall be for Chemical Science and
Technology;
(D) $29,569,000 shall be for Physics;
(E) $53,093,000 shall be for Material Science and
Engineering;
(F) $13,817,000 shall be for Building and Fire
Research;
(G) $37,058,000 shall be for Computer Science and
Applied Mathematics;
(H) $17,636,000 shall be for Technical Assistance;
and
(I) $31,403,000 shall be for Research Support; and
(2) $285,152,000 for fiscal year 2001.
(b) Malcolm Baldrige National Quality Program.--There are
authorized to be appropriated to the Secretary of Commerce for the
Malcolm Baldrige National Quality Program under section 17 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)--
(1) $5,100,000 for fiscal year 2000; and
(2) $5,100,000 for fiscal year 2001.
(c) Construction and Maintenance.--(1) There are authorized to be
appropriated to the Secretary of Commerce for construction and
maintenance of facilities of the National Institute of Standards and
Technology--
(A) $106,800,000 for fiscal year 2000; and
(B) $31,800,000 for fiscal year 2001.
(2) None of the funds authorized by paragraph (1)(B) for
construction of facilities may be obligated unless the Secretary of
Commerce has certified to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that the obligation of funds is consistent
with a plan for meeting the facilities needs of the National Institute
of Standards and Technology that the Secretary has transmitted to those
committees.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF THE UNDER
SECRETARY FOR TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Commerce for the activities of the Under Secretary for Technology and
the Office of Technology Policy--
(1) $7,500,000 for fiscal year 2000; and
(2) $7,500,000 for fiscal year 2001.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INDUSTRIAL TECHNOLOGY
SERVICES.
There are authorized to be appropriated to the Secretary of
Commerce for the Industrial Technology Services activities of the
National Institute of Standards and Technology--
(1) $297,500,000 for fiscal year 2000, of which--
(A) $190,700,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n); and
(B) $106,800,000 shall be for the Manufacturing
Extension Partnerships program under sections 25 and 26
of the National Institute of Standards and Technology Act (15 U.S.C.
278k and 278l); and
(2) $256,700,000 for fiscal year 2001, of which--
(A) $149,900,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n); and
(B) $106,800,000 shall be for the Manufacturing
Extension Partnerships program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l).
SEC. 5. NATIONAL TECHNICAL INFORMATION SERVICE.
There are authorized to be appropriated to the Secretary of
Commerce for the National Technical Information Service $2,000,000 for
fiscal year 2000.
SEC. 6. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AMENDMENTS.
(a) Amendments.--Section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n) is amended--
(1) by inserting ``and if the non-Federal participants in
the joint venture agree to pay at least 60 percent of the total
costs of the joint venture during the Federal participation
period under this section, which shall not exceed 5 years,'' in
subsection (b)(1)(B) after ``participation to be
appropriate,'';
(2) by striking ``(ii) provision of a minority share of the
cost of such joint ventures for up to 5 years, and (iii)'' in
subsection (b)(1)(B), and inserting in lieu thereof ``and
(ii)'';
(3) by striking ``, provided that emphasis is'' in
subsection (b)(2) and inserting in lieu thereof ``on the
condition that grant recipients (other than small businesses
within the meaning of the Small Business Act) provide at least
60 percent of the costs of the project, with emphasis'';
(4) in subsection (d)(1), by inserting ``and be of a nature
and scope that would not be pursued in a timely manner without
Federal assistance'' after ``technical merit''; and
(5) by adding at the end the following new subsection:
``(k) The Secretary, acting through the Director, may vest title to
tangible personal property in any recipient of financial assistance
under this section if--
``(1) the property is purchased with funds provided under
this section; and
``(2) the Secretary, acting through the Director,
determines that the vesting of such property furthers the
objectives of the Institute.
Vesting under this subsection shall be subject to such limitations as
are prescribed by the Secretary, acting through the Director, and shall
be made without further obligation to the United States Government.''.
(b) Additional Amendment.--(1) Section 28 of the National Institute
of Standards and Technology Act (15 U.S.C. 278n) is further amended by
striking the period at the end of the first sentence of subsection
(d)(11)(A) and inserting in lieu thereof the following: ``or any other
participant in a joint venture receiving financial assistance under
this section, as agreed by the parties, notwithstanding the
requirements of section 202 (a) and (b) of title 35, United States
Code.''.
(2) The amendment made by this subsection shall be effective only
with respect to assistance for which solicitations for proposals are
made after the date of the enactment of this Act.
SEC. 7. TECHNICAL AMENDMENTS.
(a) Research Fellowships.--Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-1) is amended by striking
``up to 1 per centum of the''.
(b) Outdated Specifications.--Section 2 of the Act entitled ``An
Act to authorize the Use of the Metric System of Weights and Measures''
enacted July 28, 1866 (15 U.S.C. 205) is amended to read as follows:
``Sec. 2. The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.''.
SEC. 8. ELIGIBILITY FOR AWARDS.
(a) In General.--The Director of the National Institute of
Standards and Technology shall exclude from consideration for grant
agreements made by the Institute after fiscal year 1999 any person who
received funds, other than those described in subsection (b),
appropriated for a fiscal year after fiscal year 1999, under a grant
agreement from any Federal funding source for a project that was not
subjected to a competitive, merit-based award process, except as
specifically authorized by this Act. Any exclusion from consideration
pursuant to this section shall be effective for a period of 5 years
after the person receives such Federal funds.
(b) Exception.--Subsection (a) shall not apply to the receipt of
Federal funds by a person due to the membership of that person in a
class specified by law for which assistance is awarded to members of
the class according to a formula provided by law.
(c) Definition.--For purposes of this section, the term ``grant
agreement'' means a legal instrument whose principal purpose is to
transfer a thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a law of the United
States, and does not include the acquisition (by purchase, lease, or
barter) of property or services for the direct benefit or use of the
United States Government. Such term does not include a cooperative
agreement (as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development agreement (as
such term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). | National Institute of Standards and Technology Authorization Act of 1999 - Authorizes appropriations for FY 2000 and 2001 to the Secretary of Commerce for: (1) the Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology (NIST); (2) the Malcolm Baldrige National Quality Program; (3) construction and maintenance of NIST facilities; (4) activities of the Under Secretary for Technology and the Office of Technology Policy; and (5) Industrial Technology Services activities of NIST. Prohibits funds authorized for construction of NIST facilities in FY 2001 from being obligated unless the Secretary of Commerce has certified to the House Science Committee and the Senate Commerce, Science, and Transportation Committee that the obligation of funds is consistent with a plan for meeting NIST's facility needs that the Secretary has transmitted to those committees.
Authorizes appropriations for FY 2000 to the Secretary of Commerce for the National Technical Information Service.
Amends the National Institute of Standards and Technology Act with respect to the Advanced Technology Program (ATP), including to: (1) allow the Secretary, acting through the NIST Director (the Director), to participate in industry-led U.S. joint research and development ventures (joint ventures) if such participation is appropriate (current law) and the non-Federal participants in such a joint venture agree to pay at least 60 percent of the total costs during a Federal participation period that shall not exceed five years; (2) eliminate provisions providing that Federal participation by means of grants, cooperative agreements, or contracts may include provision of a minority share of such joint ventures costs for up to five years; (3) require that grant recipients (other than small businesses) provide at least 60 percent of project costs; and (4) require research projects to be of a nature and scope that would not be pursued in a timely manner without Federal assistance. Authorizes the Secretary, acting through the Director, to vest title to tangible personal property in any recipient of financial assistance under the ATP if: (1) the property is purchased with ATP funds; and (2) the vesting of such property furthers NIST's objectives.
Vests title to intellectual property arising from ATP assistance in a company or companies incorporated in the United States (current law) or any other participant in a joint venture receiving financial assistance under the ATP, as agreed by the parties.
Requires the Director to exclude from consideration for grant agreements made by NIST after FY 1999 any person who received funds (other than due to membership in a class specified by law for which assistance is awarded to class members according to a formula) appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Makes such an exclusion effective for a period of five years after receipt of such Federal funds. | {"src": "billsum_train", "title": "National Institute of Standards and Technology Authorization Act of 1999"} | 2,057 | 621 | 0.590235 | 2.021426 | 0.845409 | 4.374341 | 3.200351 | 0.898067 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boost Saving for College Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `qualified savings
contribution' includes the amount of any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the taxpayer has the power to
authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the taxpayer, the
taxpayer's spouse, or an individual with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the taxpayer's
gross income for the taxable year, and
``(ii) the amount excluded from the
taxpayer's gross income under section 112
(relating to combat pay) for such year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as a qualified savings
contribution by reason of subparagraph (A), adjusted
gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any)
of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(b) Conforming Amendments.--
(1) Section 25B of such Code is amended by striking
``qualified retirement savings'' each place it appears in the
text and inserting ``qualified savings''.
(2) The subsection heading for section 25B(d) of such Code
is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2017, in taxable years
ending after such date.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO
QUALIFIED TUITION PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 127 the
following new section:
``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid by the employer as contributions to a qualified tuition
program held by the employee or spouse of the employee if the
contributions are made pursuant to a program which is described in
subsection (c).
``(b) Maximum Exclusion.--
``(1) In general.--The amount excluded from the gross
income of an employee under this section for the taxable year
shall not exceed $1,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2018, the $1,000
amount contained in paragraph (1) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2017'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--Any increase determined under
subparagraph (A) shall be rounded to the nearest
multiple of $50.
``(c) Qualified Tuition Assistance Program.--For purposes of this
section, a qualified tuition assistance program is a separate written
plan of an employer for the benefit of such employer's employees--
``(1) under which the employer makes matching contributions
to qualified tuition programs of--
``(A) such employees,
``(B) their spouses, or
``(C) any individual with respect to whom such an
employee or spouse--
``(i) is allowed a deduction under section
151, and
``(ii) has the power to authorize
distributions and otherwise administer such
individual's account under the qualified
tuition program, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified tuition program.--The term `qualified
tuition program' means a qualified tuition program as defined
in section 529(b).
``(2) Employee and employer.--The terms `employee' and
`employer' shall have the meaning given such terms by
paragraphs (2) and (3), respectively, of section 127(c).
``(3) Applicable rules.--Rules similar to the rules of
paragraphs (4), (5), (6), and (7) of section 127(c) shall
apply.
``(e) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
(b) Exclusion From Employment Taxes.--
(1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
such Code are each amended by inserting ``127A,'' after
``127,'' each place it appears.
(2) Section 3231(e)(6) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1)
of such Code is amended by inserting ``127A,'' after ``127,''.
(d) Other Conforming Amendments.--
(1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
Code are each amended by inserting ``127A,'' after ``127,''
each place it appears.
(2) Section 132(j)(8) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(3) Section 221(d)(2)(A) of such Code is amended by
inserting ``127A,'' after ``127''.
(4) Section 1397(a)(2)(A) of such Code is amended by
inserting at the end the following new clause:
``(iii) Any amount paid or incurred by an
employer which is excludable from the gross
income of an employee under section 127A, but
only to the extent paid or incurred to a person
not related to the employer.''.
(5) Section 209(a)(15) of the Social Security Act (42
U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
inserting ``, 127A, or 129''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 127 the following new item:
``Sec. 127A. Employer contributions to qualified tuition programs.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 4. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION
PROGRAM.
(a) In General.--Paragraph (3) of section 529(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Special rollover to roth ira from long-term
qualified tuition program.--For purposes of this
section--
``(i) In general.--In the case of a
distribution from a qualified tuition program
which has been maintained by an account owner
for the 10-year period ending on the date of
such distribution--
``(I) subparagraph (A) shall not
apply to any portion of such
distribution which, not later than 60
days after such distribution, is paid
into a Roth IRA maintained for the
benefit of such account owner or the
designated beneficiary under such
qualified tuition program, and
``(II) such portion shall be
treated as a rollover contribution for
purposes of section 408A(e).
``(ii) Limitation.--Clause (i) shall only
apply to so much of any distribution as does
not exceed the lesser of--
``(I) the amount applicable to the
account owner under section 408A(c)(2)
for the taxable year, or
``(II) the aggregate amount
contributed to the program (and
earnings attributable thereto) before
the 5-year period ending on the date of
the distribution.''.
(b) Qualified Rollover Contribution.--Paragraph (1) of section
408A(e) of such Code is amended by striking the period at the end of
subparagraph (B) and inserting ``, and'' and by inserting after
subparagraph (B) the following new subparagraph:
``(C) from a qualified tuition program to the
extent provided in section 529(c)(3)(E).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to distributions after December 31, 2017.
SEC. 5. ROLLOVERS TO ABLE PROGRAMS FROM 529 PROGRAMS.
(a) In General.--Clause (i) of section 529(c)(3)(C) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subclause (I), by striking the period at the end of subclause (II) and
inserting ``, or'', and by adding at the end the following:
``(III) to an ABLE account (as
defined in section 529A(e)(6)) of the
designated beneficiary.
Subclause (III) shall not apply to so much of a
distribution which, when added to all other
contributions made to the ABLE account for the
taxable year, exceeds the limitation under
section 529A(b)(2)(B).''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions after the date of the enactment of this Act. | Boost Saving for College Act This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans). The bill allows: (1) a nonrefundable tax credit for contributions of an individual to a 529 plan, and (2) an exclusion from the gross income of an employee of up to $1000 per year of employer contributions to a 529 plan. The bill also permits savings from a 529 plan to be rolled over tax-free into: (1) a Roth Individual Retirement Account of the owner or the beneficiary of a 529 plan that has been maintained for 10 years, and (2) an ABLE account of the designated beneficiary of the 529 plan. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.) | {"src": "billsum_train", "title": "Boost Saving for College Act"} | 2,761 | 185 | 0.502789 | 1.285585 | 0.664503 | 1.514451 | 13.739884 | 0.774566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shelter, Land, and Urban Management
(SLUM) Assistance Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 51 percent of the world's population
currently lives in cities of all sizes and produces the
majority of the world's economic output.
(2) Approximately one billion people currently live in
slums, and more than half of this population is under the age
of 25.
(3) It is estimated that by 2030 the number of people
living in slums will double.
(4) Slums are characterized by inadequate access to safe
water, sanitation, and other essential infrastructure,
overcrowding, poorly structured housing, and insecure
residential and property ownership status.
(5) Eighty-eight percent of all disease is caused by unsafe
drinking water, inadequate sanitation, and poor hygiene and
almost 50 percent of all people in developing countries suffer
health problems caused by water and sanitation deficits.
(6) Over 1.1 billion people lack adequate access to safe
water and nearly 2.5 billion lack access to sanitation
services.
(7) The costs of diseases and productivity losses linked to
water and sanitation in less developed countries amount to two
percent of gross domestic product and up to five percent in
sub-Saharan Africa.
(8) Insecure lease and real property ownership tenure often
subject slum dwellers to arbitrary, often supra-market rents,
forced evictions, threats, and harassment.
(9) In 2007, approximately five million people were subject
to forced evictions, and projections show that the number of
forced evictions are likely to increase to between 40 million
and 70 million in the next 20 years.
(10) Insecurity of tenure severely inhibits economic
development by undermining investment incentives and
constraining the growth of credit markets, imperils the ability
of families to achieve sustainable livelihoods and assured
access to shelter, and often contributes to conflict over
property rights.
(11) Women make up 66 percent of the world's work force,
but own less than 15 percent of the property globally.
(12) Women are affected disproportionally by forced
evictions and insecure tenure as a result of gender
discrimination, often including gender-biased laws that define
women as legal minors or otherwise prevent them from acquiring
and securing land, property, and housing lease or ownership
rights, making them more vulnerable to poverty, violence, and
sexual abuse.
(13) Adequate housing and universal access to basic shelter
serve as catalysts for social and democratic development.
(14) The 2006 National Security Strategy states,
``America's national interests and moral values drive us in the
same direction: to assist the world's poor citizens and least
developed nations and help integrate them into the global
economy.''.
(15) Goal 7 Target 11 of the Millennium Development Goals
sets the target that ``By 2020, to have achieved a significant
improvement in the lives of at least 100 million slum-
dwellers.''.
(16) The United States formerly provided significant levels
of overseas development assistance for shelter and affordable
housing, but in recent years this amount has declined.
SEC. 3. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to establish and implement, as a major objective of
United States overseas development assistance strategy,
particularly in developing countries, programs that foster
improved urban management, that foster sustainable urban
development, that increase the security of real property
tenure, and that expand access to basic shelter, affordable
urban housing, and essential urban services and infrastructure,
particularly by the poor and others who lack such access in
whole or in part;
(2) to allocate increased levels of United States bilateral
assistance for programs described in paragraph (1); and
(3) in order to prevent waste and duplication in the use of
United States overseas development assistance with respect to
the programs described in paragraph (1) and in order to foster
cooperative relations with foreign governments,
intergovernmental organizations, and private business and
nonprofit entities that singly or jointly support or implement
programs similar to those described in paragraph (1), to seek
and actively support innovative international mechanisms
designed to increase coordination and mutual complementarity in
the planning, financing, and implementation of sustainable
urban development policies and programs implemented by the
United States and other donors described in this paragraph.
SEC. 4. ASSISTANCE TO PROVIDE AFFORDABLE HOUSING AND SUSTAINABLE URBAN
DEVELOPMENT IN DEVELOPING COUNTRIES.
(a) Purposes of Assistance.--The purposes of assistance under this
section are to--
(1) support economically and environmentally sustainable
and administratively feasible urban socioeconomic growth,
development, and poverty reduction efforts and to produce
improved health and other basic quality of life indicators for
residents of slums, other densely populated, impoverished urban
areas, and urban areas experiencing rapid population growth in
developing countries, including by increasing--
(A) access to basic shelter and affordable housing,
particularly by residents of slums and similar densely
populated, impoverished urban areas;
(B) affordable and equitable access to safe water,
sanitation, and solid waste removal services, and
shared communal infrastructure, such as sidewalks,
roads, public lighting;
(C) access to and security of land and other real
property use, lease, and ownership rights and legal
recognition and protections thereof by all income
groups, including by supporting efforts to enhance the
effectiveness of transaction and dispute resolution
systems, equitable and sustainable national land
policies, and enhanced land administration services;
and
(D) support for efforts to enhance the capacity of
developing country governments, including regional and
municipal governments, to plan and manage urban growth
in an operationally and financially effective and
transparent, participatory, and accountable manner, to
pursue policy reforms that foster such objectives, and
to provide urban services and infrastructure, such as
basic water and sanitation, transport, solid waste
removal, and electrical power service delivery,
including in impoverished urban zones; and
(2) achieve the objectives described in paragraph (1) by--
(A) promoting the growth of functional,
commercially oriented housing markets in target
countries and expanding access to individual and
institutional investment capital and financing for
housing and municipal infrastructure, including by
public-private partnerships, municipal bonds, micro-
credit financing, and strengthening national and
regional public or private institutions involved in the
regulation or provision of finance of such purposes;
(B) supporting institutional, procedural, and legal
reforms that seek to enhance the rights and access to
shelter, urban infrastructure and services, and
property ownership and lease rights of groups that are
socioeconomically vulnerable or marginalized, or
subject to discrimination, including women, children,
the poor, and people living in urban slums and informal
settlements;
(C) prioritizing support for cross-sectoral, multi-
purpose projects that simultaneously advance one or
more of the objectives described in subparagraphs (A)
and (B); and
(D) promoting partnerships between the public and
private sectors and community-based organizations to
plan and implement projects described in subparagraph
(C).
(b) Authorization of Assistance.--To carry out the purposes of
subsection (a), the President is authorized--
(1) to furnish technical assistance and financial support
to developing countries, to include, as appropriate, diverse
means of support, including technical or financial assistance
to public-private partnerships, grants, direct loans, seed
credit, contracted technical services, investment insurance,
loan guarantees, and other forms of assistance;
(2) to carry out paragraph (1) during fiscal year 2012
through the use of existing United States Government programs,
implementing authorities, and organizations, including--
(A) specialized organizational units of the United
States Agency for International Development, including
the Urban Programs Team (EGAT/PR/UP), the Development
Credit Authority (EGAT/DC/DCA), the Land Resources
Management Team (EGAT/NRM/LRM), the Water Team (EGAT/
NRM/W), the Office of Infrastructure and Engineering
(EGAT/IE), and the Engineering Services Team (EGAT/I&E/
ES);
(B) the Millennium Challenge Corporation (MCC); and
(C) other United States Government agencies with
relevant technical expertise or policy mandates
pertaining to urban development and housing in foreign
countries; and
(3) to strengthen and enhance the operational capabilities
and capacities of United States Government programs,
implementing authorities, and organizations described in
subparagraphs (A), (B), and (C) of paragraph (2) in furtherance
of the purposes and objectives described in subsection (a)(1),
including efforts to increase their manpower, diversity of
expertise, and levels of funding, and to enhance their ability
to jointly coordinate and collaborate in carrying out such
purposes and objectives.
SEC. 5. AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT STRATEGY.
(a) Strategy.--The President, acting through the Secretary of State
and the Administrator of the United States Agency for International
Development, shall develop a strategy to provide affordable housing and
sustainable urban development in developing countries.
(b) Consultation.--The strategy required by subsection (a) shall be
developed in part through a process of consultation between the
Administrator of the United States Agency for International Development
and the heads of units of such Agency and other United States
Government agencies with relevant technical expertise or policy
mandates pertaining to urban development and housing in foreign
countries, and shall draw upon best practices and successful models of
urban development undertaken or developed by international
intergovernmental organizations, international finance institutions,
recipient countries, United States and international nongovernmental
organizations, and other appropriate entities.
(c) Content.--The strategy required by the subsection (a) shall
include or address--
(1) a review and assessment of existing or past United
States programs and foreign assistance strategies designed to
increase access to basic shelter and affordable housing in
developing countries, extending affordable and equitable access
to safe water, sanitation, and solid waste removal services,
and shared communal infrastructure, such as sidewalks, roads,
public lighting, enhancing security of real property use,
lease, and ownership rights;
(2) a review and assessment of small scale, grassroots, and
community-based efforts that have successfully improved access
to basic shelter and urban services;
(3) a process to define short- and long-term objectives and
performance measures by which progress should be measured;
(4) measures necessary to improve and expand United States
programs and foreign assistance strategies in existence on the
date of enactment of this Act that address urban development
issues in foreign countries;
(5) operational plans to improve the ability of United
States foreign assistance agencies to develop and implement
programs described in section 4 of this Act, including through
support for innovative international mechanisms;
(6) a plan for integrating into the broader strategic
foreign assistance plans of the Department of State and United
Stated Agency for International Development the programs and
objectives described in section 4 of this Act; and
(7) a plan for providing long-term United States support
for sustainable urban growth and development initiatives in
developing countries involving a process of regular
coordination between United States Government agencies with
relevant technical expertise or policy mandates, where
appropriate, including the United States Agency for
International Development, the Department of Housing and Urban
Development, the Department of the Treasury, and the Overseas
Private Investment Corporation, and drawing upon the expertise,
whenever possible, of United States-based mayors and
professionals in community, public and banking sectors, major
United States private foundations, and United Nations
organizations and multilateral development banks, among others.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report that describes the strategy required by subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2012 and
each subsequent fiscal year such sums as may be necessary to carry out
this Act. | Shelter, Land, and Urban Management (SLUM) Assistance Act of 2011 - Authorizes the President to furnish technical assistance and financial support to developing countries for affordable housing and urban development.
Directs the President, through the Secretary of State and the Administrator of the United States Agency for International Development (USAID), to develop a strategy to provide affordable housing and sustainable urban development in developing countries. | {"src": "billsum_train", "title": "To authorize assistance for affordable housing and sustainable urban development in developing countries, and for other purposes."} | 2,502 | 82 | 0.397813 | 1.076526 | 0.54629 | 5.697368 | 33 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Antibiotics for
Medical Treatment Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) All uses of antibiotics, including for food-producing
animals, have the potential to cause resistance and contribute
to the development of antibiotic-resistant bacterial infections
in people.
(2) In 1977, the Food and Drug Administration (FDA)
concluded that feeding livestock low doses of antibiotics used
in human disease treatment could promote the development of
antibiotic resistance in bacteria. However, the Food and Drug
Administration did not act in response to these findings,
despite laws requiring the agency to do so.
(3) In 2012, the Food and Drug Administration Guidance for
Industry #209 provided a summary of over 40 years of peer-
reviewed scientific literature regarding use of antimicrobial
drugs in livestock which reiterated that the use of antibiotics
in animals contributes to the resistance in human pathogens and
concludes that strategies for controlling antibiotic
resistance, including limiting medically important
antimicrobial drugs in food-producing animals only to uses that
are considered necessary for assuring animal health are needed.
(4) The 2014 President's Council of Advisors on Science and
Technology Report to the President on Combating Antibiotic-
Resistant Bacteria also concludes that substantial evidence
exists that the use of antibiotics in food animals promotes the
development and spread of antibiotic resistance in bacteria
that can spread to people and that it is clear that
agricultural use of antibiotics can affect human health.
(5) Recently published scientific studies have shown that
food-producing animals, and animal production facilities, are a
source of antibiotic-resistant bacteria which have infected
humans and present an increased risk of acquiring and
antibiotics resistant infection.
(6) Antibiotic resistance is a crisis which threatens
public health, the economy, and national security.
(7) In 2013, the Centers for Disease Control and Prevention
estimated that antibiotic-resistant infections cause at least 2
million infections, 23,000 deaths, 8 million additional
hospital days, and $20 to $35 billion in excess direct health
care costs each year in the United States.
(8) The 2014 World Health Organization report,
``Antimicrobial Resistance: Global Report on Surveillance
2014'', concluded that antimicrobial resistance is a current
reality and the problem is so serious that it threatens the
achievements of modern medicine.
(9) Without effective antibiotics--
(A) common infections could become untreatable--
even fatal; and
(B) medical advances such as joint replacements,
Cesarean sections, organ transplants and chemotherapy
could become nonviable.
(10) Antibiotic resistance, resulting in a reduced number
of effective antibiotics, may significantly impair the ability
of the United States to respond to terrorist attacks involving
bacterial infections, such as anthrax and smallpox, or to an
event resulting in a large influx of hospitalized patients.
(11) In 2011, the Food and Drug Administration determined
that--
(A) 13.5 million kilograms of antibacterial drugs
were sold for use on food animals in the United States
in 2010;
(B) 3.3 million kilograms of antibacterial drugs
were used for human health in 2010; and
(C) therefore, 80 percent of antibacterial drugs
disseminated in the United States in 2010 were sold for
use on food animals, rather than being used for human
health.
(12) The ``FDA Annual Summary Report on Antimicrobials Sold
or Distributed in 2012 for Use in Food-Producing Animals''
showed that the use of medically important antibiotics in food-
producing animals increased 16 percent from 2009 to 2012.
(13)(A) In 2003, the Food and Drug Administration modified
the drug approval process for antibiotics to recognize the
development of resistant bacteria as an important aspect of
safety, but most antibiotics currently used in animal
production systems for nontherapeutic purposes were approved
before the Food and Drug Administration began considering
resistance during the drug-approval process.
(B) The Food and Drug Administration has not established a
schedule for reviewing those existing approvals.
(14) A stated goal of FDA Guidance documents 209 and 213 is
a reduction in the overall consumption of antibiotics. The FDA
policy continues to allow the use of antibiotics for routine
disease prevention without requiring evidence of the presence
of a specific disease or requiring the mitigation of conditions
which elevate disease risk.
(15) There is inadequate distinction between usage for
disease prevention and production purposes, such as growth
promotion, on FDA approved drug labels. A 2014 analysis of the
approved animal drugs affected by Guidance 213 by the Pew
Charitable Trusts found that numerous approved drug labels
contained overlapping indications for growth-promotion and
disease prevention.
(16) The European Union (EU) banned the use of antibiotics
for growth promotion in 2006, a full decade before the FDA's
voluntary approach will go into effect.
(17) Since the EU ban, antibiotic usage has decreased
without affecting livestock production.
(18) In 2010, the Danish Veterinary and Food Administration
testified that the Danish ban of the nontherapeutic use of
antibiotics in food-animal production resulted in a marked
reduction in antimicrobial resistance in multiple bacterial
species, including Campylobacter and Enterococci.
(19) The experience in the Netherlands has shown that
during the phaseout use indications for growth promotion were
completely supplanted by disease prevention. Total antibiotic
consumption remained constant. After the implementation of
mandatory reduction targets and improved surveillance of usage
practices antibiotic consumption declined ahead of target
without impacting production levels.
(20) In 2009, the Congressional Research Service concluded
that without restrictions on the use of antimicrobial drugs in
the production of livestock, export markets for livestock and
poultry could be negatively impacted due to restrictions on the
use of antibiotics in other nations.
(21) The American Medical Association, the Infectious
Disease Society of America, the American Public Health
Association, the National Association of County and City Health
Officials, and the National Sustainable Agriculture Coalition
are among the over 400 organizations representing health,
consumer, agricultural, environmental, humane, and other
interests that have supported enactment of legislation to
phaseout nontherapeutic use in farm animals of medically
important antimicrobials.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve the effectiveness of
medically important antimicrobials used in the treatment of human and
animal diseases.
SEC. 4. PROOF OF SAFETY OF MEDICALLY IMPORTANT ANTIMICROBIALS.
(a) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) in subparagraph (I), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (I) the
following:
``(J) with respect to a medically important
antimicrobial (as defined in subsection (q)), the
applicant has failed to demonstrate that there is a
reasonable certainty of no harm to human health due to
the development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use (as defined in subsection (q)) of
the medically important antimicrobial or drug;''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(b) Phased Elimination of Nontherapeutic Use in Animals of
Medically Important Antimicrobials.--Section 512 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end
the following:
``(q) Phased Elimination of Nontherapeutic Use in Animals of
Medically Important Antimicrobials.--
``(1) Applicability.--This paragraph applies to the
nontherapeutic use in a food-producing animal of a drug--
``(A) that is a medically important antimicrobial;
or
``(B)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for human use.
``(2) Withdrawal.--The Secretary shall withdraw the
approval of a nontherapeutic use in food-producing animals of a
drug described in paragraph (1) on the date that is 2 years
after the date of enactment of this subsection unless--
``(A) before the date that is 2 years after the
date of the enactment of this subsection, the Secretary
makes a final written determination that the holder of
the approved application has demonstrated that there is
a reasonable certainty of no harm to human health due
to the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the drug conducted by the Secretary and other
relevant information, that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug.
``(3) Exemptions.--Except as provided in paragraph (5), if
the Secretary grants an exemption under section 505(i) for a
drug that is a medically important antimicrobial, the Secretary
shall rescind each approval of a nontherapeutic use in a food-
producing animal of the medically important antimicrobial as of
the date that is 2 years after the date on which the Secretary
grants the exemption.
``(4) Approvals.--Except as provided in paragraph (5), if
an application for a drug that is a medically important
antimicrobial is submitted to the Secretary under section
505(b), the Secretary shall rescind each approval of a
nontherapeutic use in a food-producing animal of the medically
important antimicrobial as of the date that is 2 years after
the date on which the application is submitted to the
Secretary.
``(5) Exceptions.--Paragraph (3) or (4), as the case may
be, shall not apply if--
``(A) before the date on which approval would be
rescinded under that paragraph, the Secretary makes a
final written determination that the holder of the
application for the approved nontherapeutic use has
demonstrated that there is a reasonable certainty of no
harm to human health due to the development of
antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use in the food-
producing animal of the medically important
antimicrobial; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination,
with respect to a risk analysis of the medically
important antimicrobial conducted by the Secretary and
any other relevant information, that there is a
reasonable certainty of no harm to human health due to
the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the medically important antimicrobial.
``(6) Definition.--In this subsection:
``(A) The term `medically important antimicrobial'
means a drug that--
``(i) is intended for use in food-producing
animals; and
``(ii) is composed wholly or partly of--
``(I) any kind of penicillin,
tetracycline, macrolide, lincosamide,
streptogramin, aminoglycoside,
sulfonamide, or cephalosporin; or
``(II) a drug from an antimicrobial
class that is listed as `highly
important', `critically important', or
`important' by the World Health
Organization in the latest edition of
its publication entitled `Critically
Important Antimicrobials for Human
Medicine' (or a successor publication).
``(B) The term `therapeutic use', with respect to a
medically important antimicrobial, means the use of
antimicrobials for the specific purpose of treating an
animal with a documented disease or infection. Such
term does not include the continued use of such an
antimicrobial in the animal after the disease or
infection is resolved.
``(C) The term `nontherapeutic use'--
``(i) means administration of antibiotics
to an animal through feed and water (or, in
poultry hatcheries, through any means) for
purposes (such as growth promotion, feed
efficiency, weight gain, or disease prevention)
other than therapeutic use or nonroutine
disease control; and
``(ii) includes any repeated or regular
pattern of use of medically important
antimicrobials for purposes other than
therapeutic use or nonroutine disease control.
``(D) The term `noncustomary situation' does not
include normal or standard practice and conditions on
the premises that facilitate the transmission of
disease.
``(E) The term `nonroutine disease control' means
the use of antibiotics on an animal that is not sick
but where it can be shown that a particular disease or
infection is present, or is likely to occur because of
a specific, noncustomary situation, on the premises at
the barn, house, pen, or other level at which the
animal is kept.''.
SEC. 5. LIMITATIONS ON USE OF MEDICALLY IMPORTANT ANTIMICROBIALS FOR
NONROUTINE DISEASE CONTROL.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(ccc) The administration of a medically important antimicrobial
to a food-producing animal for nonroutine disease control in violation
of the requirements of section 512A.''.
(b) Requirements.--Chapter V of the Federal Food, Drug, and
Cosmetic Act is amended by inserting after section 512 of such Act (21
U.S.C. 360b) the following:
``SEC. 512A. LIMITATIONS ON USE OF MEDICALLY IMPORTANT ANTIMICROBIALS
FOR NONROUTINE DISEASE CONTROL.
``(a) Prohibition.--It shall be unlawful to administer (including
by means of animal feed) a medically important antimicrobial to a food-
producing animal for nonroutine disease control unless--
``(1) there is a significant risk that a disease or
infection present on the premises will be transmitted to the
food-producing animal;
``(2) the administration of the medically important
antimicrobial to the food-producing animal is necessary to
prevent or reduce the risk of transmission of the disease or
infection described in paragraph (1);
``(3) the medically important antimicrobial is administered
to the food-producing animal for nonroutine disease control for
the shortest duration possible to prevent or reduce the risk of
transmission of the disease or infection described in paragraph
(1) to the animal; and
``(4) the medically important antimicrobial is
administered--
``(A) at a scale no greater than the barn, house,
or pen level; and
``(B) to the fewest animals possible to prevent or
reduce the risk of transmission of the disease or
infection described in paragraph (1).
``(b) Definitions.--In this section:
``(1) The term `food-producing animal' means a food-
producing animal intended for sale in interstate commerce.
``(2) The terms `medically important antimicrobial' and
`nonroutine disease control' have the meanings given to such
terms in section 512(q).''.
(c) Applicability.--The amendments made by this section apply
beginning on the date that is 6 months after the date of the enactment
of this Act. | Preservation of Antibiotics for Medical Treatment Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require an applicant for approval of a new animal drug that is a medically important antimicrobial to demonstrate that there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to the nontherapeutic use of the drug. Medically important antimicrobials are drugs intended for use in food-producing animals that contain: (1) specified antibiotics, or (2) certain drugs on the World Health Organization’s list of critically important antimicrobials. Two years after enactment of this Act, the Food and Drug Administration (FDA) must withdraw approval of a drug's nontherapeutic use in food-producing animals unless the FDA makes a determination that, based on the application holder's demonstration or an FDA risk analysis, there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to nontherapeutic use. The FDA must rescind an exemption for investigational use of, or approval of a new drug application for, a medically important antimicrobial for its nontherapeutic use in food-producing animals two years after the exemption is granted or the application for approval is submitted unless there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to nontherapeutic use. A medically important antimicrobial cannot be administered (including through animal feed) to a food-producing animal for disease control unless there is a significant risk that a disease or infection present on the premises will be transmitted to the animal. | {"src": "billsum_train", "title": "Preservation of Antibiotics for Medical Treatment Act of 2015"} | 3,575 | 356 | 0.541198 | 1.662686 | 0.653809 | 4.010453 | 11.205575 | 0.923345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Confinement Conditions
Improvement Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) recent studies have established that youth are
developmentally different from adults, and these developmental
differences need to be taken into account at all stages and in
all aspects of the adult criminal justice system;
(2) pretrial release or detention of juveniles awaiting
trial in adult criminal court should only occur after
consideration of their special characteristics and the nature
of their offenses;
(3)(A) if detained or incarcerated, juveniles under the
jurisdiction of an adult criminal court should be housed in
institutions or facilities separate from adult facilities until
their eighteenth birthday; and
(B) those juveniles should not have sight or sound contact
with adult inmates;
(4) juveniles detained or incarcerated under the
jurisdiction of an adult criminal court should be provided
access to programs that address their educational, substance
abuse treatment, health, mental health, and vocational needs;
(5) juveniles detained or incarcerated under the
jurisdiction of an adult criminal court should be provided with
the mechanisms to report instances of physical, mental, or
psychological abuse or intimidation, and allegations of such
abuse or intimidation should be promptly investigated, and if
proven correct, should be properly remedied;
(6) transfer to and sentencing of juveniles in the adult
criminal court system should be based on consideration of the
individual characteristics of the juvenile and the nature of
the offense committed;
(7) according to recent studies, juveniles who are placed
in adult facilities are more likely to commit future crimes;
(8) housing juveniles with, or in close proximity to, adult
inmates creates difficulties and potentially unsafe conditions
for jail and prison personnel, and juveniles and adult inmates,
since many adult jails and prisons lack the physical structure,
programming, and trained personnel to manage juveniles
effectively;
(9) according to the Department of Justice, the suicide
rate for juveniles in adult jails is nearly 8 times higher than
the rate in juvenile detention, and the highest rate of suicide
in jail occurs during the first 24 hours of commitment;
(10) according to the Department of Justice, juveniles in
adult facilities are 5 times more likely to be sexually
assaulted, twice as likely to be beaten by staff, and 50
percent more likely to be attacked with a weapon than
adolescents in a juvenile facility; and
(11) rural States and economically depressed communities
have pronounced difficulties in providing secure custody for
juvenile offenders apart from adult inmates.
SEC. 3. PURPOSE.
The purpose of this Act is to provide incentives and funding
assistance for States to reduce dangerous and unsafe conditions in the
detention and incarceration of juvenile offenders under the
jurisdiction of an adult criminal court, including separating those
juvenile offenders from adult prisoners and ensuring that corrections
officers who supervise them receive training in supervision issues
unique to juveniles.
SEC. 4. DEFINITION.
In this Act, the term ``juvenile'' means an individual who has not
reached the age of 18.
TITLE I--JUVENILE SAFE INCARCERATION GRANT PROGRAM
SEC. 101. GRANT AUTHORITY.
The Assistant Attorney General for the Office of Justice Programs,
established under section 101 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, in consultation with the Office of
Juvenile Justice and Delinquency Prevention, may make grants to States,
units of local government, and Indian tribes for the development and
implementation of programs designed to--
(1) alter existing correctional facilities, or develop
separate facilities, to provide separate facilities for
juveniles who are detained or are serving sentences in adult
prisons or jails under the jurisdiction of an adult criminal
court;
(2) provide correctional staff who are responsible for
supervising juveniles who are detained or are serving sentences
in adult prisons or jails under the jurisdiction of an adult
criminal court with orientation and ongoing training to address
the developmental, educational, vocational, and mental and
physical health needs of those offenders;
(3) provide ombudsmen to monitor the treatment of juveniles
who are detained or are serving sentences in adult prisons or
jails under the jurisdiction of an adult criminal court;
(4) provide access to educational programs, vocational
training, mental and physical health assessment and treatment,
and drug treatment for juveniles who are serving sentences
under the jurisdiction of an adult criminal court; or
(5) seek alternatives, including the expansion of juvenile
facilities, to housing juveniles under the jurisdiction of an
adult criminal court with adult inmates.
SEC. 102. ADMINISTRATION.
(a) Guidelines.--The Assistant Attorney General may issue
guidelines necessary to carry out this title.
(b) Applications.--In addition to any other requirements that may
be specified by the Assistant Attorney General, an application for a
grant under this title shall--
(1) include a detailed implementation plan addressing each
of the purposes in section 101 and a timeline for the
implementation of those purposes;
(2) address the capability of the applicant to continue the
proposed program following the conclusion of Federal support;
(3) describe the methodology that will be used in
evaluating the program; and
(4) certify that the State applicant (or the State in which
the applicant is located) has developed guidelines on the use
of isolation and separation and on the appropriate use of force
against incarcerated juveniles, and has prohibited the use of
electroshock devices, 4-point restraints, chemical restraints,
and restraint chairs.
SEC. 103. APPLICATIONS.
(a) In General.--To request funds under this title, applicants
shall submit an application to the Assistant Attorney General in such
form and containing such information as the Assistant Attorney General
may reasonably require.
(b) Competitive Grants.--Funding under this title shall be awarded
on a competitive basis based on criteria established by the Assistant
Attorney General and specified in program guidelines.
SEC. 104. FEDERAL SHARE.
(a) In General.--The Federal share of a grant made under this title
may not exceed 75 percent of the total cost of the program described in
the application submitted for the fiscal year for which the program
receives assistance under section 101, unless the Assistant Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section.
(b) In-Kind Contributions.--In-kind contributions may constitute a
portion of the non-Federal share of a grant under this title.
SEC. 105. GEOGRAPHIC DISTRIBUTION.
(a) In General.--The Assistant Attorney General shall ensure that,
to the extent practicable, an equitable geographic distribution of
grant awards under this title is made, with rural representation.
(b) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, that State, together with grantees
within the State, shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in
the fiscal year for grants under this title.
(c) Indian Tribes.--Indian tribes shall receive 0.75 percent of the
total amount appropriated in the fiscal year for grants under this
title.
SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
(a) Technical Assistance and Training.--The Assistant Attorney
General may provide technical assistance and training in furtherance of
the purposes of this title.
(b) Evaluation.--In addition to any evaluation requirements that
may be prescribed for grantees, the Assistant Attorney General may
carry out or make arrangements for a rigorous evaluation of the
programs that receive support under this title.
(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Assistant Attorney General or through grants, contracts, or
cooperative arrangements with other entities.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title such sums as may be necessary for fiscal years 2002
through 2006.
(b) Permanent Set-Aside for Research and Evaluation.--The Assistant
Attorney General shall reserve not less than 1 percent and not more
than 3 percent of the sums appropriated under this section in each
fiscal year for research and evaluation of this program.
TITLE II--TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT
PROGRAMS
SEC. 201. TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANT
PROGRAMS.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
``(b) Allocation for Truth-in-Sentencing and Violent Offender
Incarceration Grants.--
``(1) Use of funds.--Funds provided under section 20103 or
20104 may be applied to the cost of--
``(A) altering existing correctional facilities to
provide separate facilities for juveniles under the
jurisdiction of an adult criminal court who are
detained or are serving sentences in adult prisons or
jails;
``(B) providing correctional staff who are
responsible for supervising juveniles who are detained
or serving sentences under the jurisdiction of an adult
criminal court with orientation and ongoing training
regarding the unique needs of such offenders; and
``(C) providing ombudsmen to monitor the treatment
of juveniles who are detained or serving sentences
under the jurisdiction of an adult criminal court in
adult facilities, consistent with guidelines issued by
the Assistant Attorney General.
``(2) Eligibility for additional funds.--Any State that
uses 10 percent of the funds for which it is eligible under
sections 20103 and 20104 for the purposes described in this
subsection shall receive a 5 percent increase in the funds to
which it is entitled under those sections.''.
TITLE III--REAUTHORIZATION OF THE JJDPA
SEC. 301. REAUTHORIZATION FOR THE JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT OF 1974.
Title I of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the
following:
``SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act
such sums as necessary for each of fiscal years 2002 through 2004.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. STUDY OF THE EFFECT OF SENTENCING JUVENILE DRUG OFFENDERS AND
NONVIOLENT OFFENDERS AS ADULTS.
Not later than 1 year after the date of enactment of this Act, the
Bureau of Justice Statistics and the Office of Juvenile Justice and
Delinquency Prevention shall submit to the Committees on the Judiciary
of the Senate and the House of Representatives a joint report regarding
the sentencing of juvenile offenders as adult criminal offenders, which
shall include--
(1) the identity of States that sentence juvenile drug
offenders and nonviolent juvenile offenders as adults, the
number of juveniles so sentenced in each State, and the
offenses for which those juveniles were sentenced;
(2) demographic information, including the age, race,
ethnicity, gender, and socioeconomic status of juvenile drug
offenders and nonviolent juvenile offenders sentenced as adults
by a State;
(3) the effectiveness of such sentences in reducing drug-
related crime; and
(4) the overall effect of the imposition of such sentences
upon State corrections systems.
SEC. 402. RURAL STATE FUNDING.
(a) In General.--The Assistant Attorney General, in consultation
with the Office of Juvenile Justice and Delinquency Prevention, shall
provide grants to provide custodial facilities appropriate for violent
juvenile offenders in rural States and economically distressed
communities that lack the resources to provide secure custody.
(b) Definition of Rural State.--In this section, the term ``rural
State'' has the same meaning as in section 1501(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
(c) Equitable Allocation of Awards.--In making awards under
subsection (a), the Assistant Attorney General shall ensure that the
awards are equitably allocated among the principal geographic regions
of the United States, subject to the availability of qualified
applicants for the awards.
(d) Evaluations; Dissemination of Findings.--
(1) Evaluations.--The Assistant Attorney General shall,
directly or through contract, provide for the conduct of
evaluations of programs carried out pursuant to subsection (a).
(2) Dissemination of findings.--The Assistant Attorney
General shall disseminate the findings made as a result of the
evaluation to the States and the Committees on the Judiciary of
the Senate and the House of Representatives.
(e) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State, shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in
the fiscal year for grants pursuant to this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2002, 2003, and 2004.
SEC. 403. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
General Accounting Office shall conduct a study and report to the
Committees of the Judiciary of the House of Representatives and the
Senate on the prevalence and effects of the use of electroshock
weapons, 4-point restraints, chemical restraints, restraint chairs, and
solitary confinement against juvenile offenders in the Federal and
State criminal and juvenile corrections systems.
SEC. 404. FAMILY UNITY DEMONSTRATION PROJECT.
Section 31904(a) of the Family Unity Demonstration Project Act (42
U.S.C. 13883(a)) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) $5,400,000 for fiscal year 2002; and
``(2) such sums as may be necessary for each of fiscal
years 2003 through 2006.''.
SEC. 405. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``arresting officer'' and inserting
``arresting officer or another representative of the
Attorney General''; and
(B) by striking ``comprehensive to a juvenile'' and
inserting ``reasonably calculated to be comprehensible
to a juvenile''; and
(2) in the second sentence, by striking ``arresting
officer'' and inserting ``arresting officer or another
representative of the Attorney General''. | Children's Confinement Conditions Improvement Act of 2001 - Authorizes the Assistant Attorney General for the Office of Justice Programs to make grants for programs designed to: (1) alter existing correctional facilities, or develop separate facilities, to provide separate facilities for juveniles; (2) provide correctional staff responsible for supervising juveniles with orientation and ongoing training; (3) provide ombudsmen; (4) provide access to educational programs, vocational training, mental and physical health assessment and treatment, and drug treatment for juveniles; or (5) seek alternatives to housing juveniles with adult inmates.Authorizes the use of truth-in-sentencing and violent offender incarceration grants for purposes (1) through (3) above.Requires: (1) the Bureau of Justice Statistics and the Office of Juvenile Justice and Delinquency Prevention to report regarding the sentencing of juvenile offenders as adult criminal offenders; (2) the Assistant Attorney General to provide grants to provide custodial facilities appropriate for violent juvenile offenders in certain rural States and economically distressed communities; and (3) the General Accounting Office to study and report on the prevalence and effects of the use of electroshock, specified restraints, and solitary confinement against juvenile offenders.Directs that whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer (current law) or another representative of the Attorney General immediately advise such juvenile of his legal rights, in language reasonably calculated to be comprehensible (currently, in language comprehensive) to a juvenile. | {"src": "billsum_train", "title": "A bill to provide for safe incarceration of juvenile offenders."} | 3,397 | 336 | 0.592998 | 1.868248 | 0.729938 | 5.059649 | 10.403509 | 0.940351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Promise Act of 2017''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-IMMIGRANT NATIONALS
GRANTED TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended by inserting after section 244 the following (and
amending the table of contents accordingly):
``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS IN RECEIPT OF
TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
``(a) In General.--The status of any alien described in subsection
(c) shall be adjusted by the Secretary of Homeland Security to that of
an alien lawfully admitted for permanent residence, if the alien--
``(1) applies for such adjustment within 3 years after the
date of enactment of this section;
``(2) is determined to be admissible to the United States
for permanent residence; and
``(3) meets the criteria established under subsection (c)
``(b) Certain Grounds for Inadmissibility Inapplicable.--
``(1) In general.--For purposes of determining
admissibility under subsection (a)(2), the grounds for
inadmissibility specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and Nationality Act
shall not apply.
``(2) Additional waiver for individual aliens.--The
Secretary may waive any other provision of section 212(a) in
the case of an individual alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
``(c) Aliens Eligible for Adjustment of Status.--An alien shall be
eligible for adjustment of status if the alien--
``(1) is a national of a country (or part of a country)
with a designation under 244(b) of the Immigration and
Nationality Act during the period specified in section
244(b)(2) and who was granted temporary protected status, or
was otherwise eligible for temporary protected status, on or
before October 1, 2017, or has been granted Deferred Enforced
Departure (hereinafter in this section referred to as `DED') on
or before October 1, 2017; and
``(2) has been continuously physically present in the
United States for a period of not less than 3 years since the
effective date of this Act's enactment.
``(d) Waiver Authorized.--Notwithstanding any provision of the
Immigration and Nationality Act, an alien who fails to meet the
continuous physical presence requirement under paragraph (2) of
subsection (c) shall be considered eligible for status adjustment as
provided in this section if the Attorney General or the Secretary
determines that the removal of the alien from the United States would
result in extreme hardship to the alien, their spouse, their children,
their parents, or their domestic partner.
``(e) Effect of Application on Certain Orders.--An alien present in
the United States who has been ordered removed or has been granted
voluntary departure from the United States may, notwithstanding such
order, apply for adjustment of status under this section. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall cancel the order of removal. If the
Secretary renders a final administrative decision to deny the
application, the order of removal shall be effective and enforceable to
the same extent as if the application had not been made.
``(f) Work Authorization.--The Secretary shall authorize an alien
who has applied for adjustment of status under this section to engage
in employment in the United States during the pendency of such
application and shall provide the alien with an appropriate document
signifying authorization of employment.
``(g) Adjustment of Status for Certain Family Members.--
``(1) In general.--The status of an alien shall be adjusted
by the Secretary to that of an alien lawfully admitted for
permanent residence if the alien--
``(A) is the spouse, parent, or unmarried son or
daughter of an alien whose status is adjusted under
this section;
``(B) applies for adjustment under this section
within 3 years after the date of enactment of this Act;
and
``(C) is determined to be admissible to the United
States for permanent residence.
``(2) Certain grounds for inadmissibility inapplicable.--
For purposes of determining admissibility under subsection
(g)(1)(C), the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall
not apply.
``(h) Availability of Administrative Review.--The Secretary shall
provide to aliens applying for adjustment of status under this section
the same right to, and procedures for, administrative review as are
provided to--
``(1) applicants for adjustment of status under section
245; or
``(2) aliens subject to removal proceedings under section
240.
``(i) No Offset in Number of Visas Available.--The granting of
adjustment of status under this section shall not reduce the number of
immigrant visas authorized to be issued under any provision of the
Immigration and Nationality Act.
``(j) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--An alien who has failed to maintain the 3-year
continuous physical presence requirement under subsection (c) because
of brief, casual, and innocent departures or, emergency travel, or
extenuating circumstances outside of the control of the alien, shall
not be considered to have failed to maintain continuous physical
presence in the United States.
``(k) Rule of Construction.--Nothing in this Act shall be construed
to include aliens (as a class or individual basis) from previously
designated countries that no longer have valid temporary protected
status designation under section 244(b), or aliens who no longer have a
valid deferred enforced departure status, unless such designated status
or previously deferred enforced departure expires on or after January
1, 2017.
``(l) Definitions.--In this section:
``(1) The term `domestic partner' means an adult of at
least 18 years of age in a committed relationship with the
alien applying for adjustment. A committed relationship is one
in which the employee and the domestic partner of the employee
are each other's sole domestic partner (and are not married to
or domestic partners with anyone else) and share responsibility
for a significant measure of each other's common welfare and
financial obligations. This includes, but is not limited to,
any relationship between two individuals of the same or
opposite sex that is granted legal recognition by a State or by
the District of Columbia as a marriage or analogous
relationship (including, but not limited to, a civil union).
``(2) The term `provide for its repatriated citizens' means
a country's ability to provide safety, and social safety net
services, including preventive healthcare services, and
housing.
``(3) The term `Deferred Enforced Departure' or `DED'
refers to the presidential directive issued on September 28,
2016.''.
SEC. 3. REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED
ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED
UNDER TEMPORARY PROTECTED STATUS.
(a) Additional Reporting Requirements.--Section 244(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended by
adding at the end, the following:
``(D) Report on terminations.--Within 3 days after
the Attorney General's announcement, including by
notice in the Federal Register, of a country's
designation being terminated from Temporary Protected
Status, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the House
Judiciary Committee a report that includes--
``(i) an explanation of the event or events
that initially prompted a country's designation
under temporary protected status;
``(ii) the progress the country has made in
remedying the designation specified in clause
(i), including any significant challenges or
shortcomings that have not been addressed since
the initial designation;
``(iii) an analysis, with applicable and
relevant metrics as determined by the
Secretary, of the country's ability to
repatriate its nationals, including--
``(I) the country's financial
ability to provide for its repatriated
citizens;
``(II) the country's financial
ability to address the initial
designation specified in clause (i)
without foreign assistance;
``(III) the country's gross
domestic product, gross domestic
product per capita, and an analysis of
the country's ability to be
economically self-sufficient without
foreign assistance;
``(IV) the economic and social
impact repatriation of nationals in
possession of temporary protected
status would have on the recipient
country; and
``(V) any additional metrics the
Secretary deems necessary.''.
SEC. 4. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS
TO CANCELLATION OF REMOVAL.
Section 244(e) of the Immigration and Nationality Act (8
U.S.C.1254a(e)) is amended--
(1) by striking ``With respect to an alien'' and inserting
the following:
``(1) In general.--With respect to an alien''; and
(2) by adding at the end, the following:
``(2) Waiver for certain temporary protected status
holders.--The provisions in subsection (e) shall not apply to
an Alien who is eligible for adjustment of status pursuant to
section 244A of the Immigration and Nationality Act.''.
SEC. 5. ELIGIBILITY FOR NATURALIZATION.
(a) In General.--Notwithstanding sections 319(b), 328, and 329 of
the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440),
an alien whose status is adjusted under section 244A of the Immigration
and Nationality Act to that of an alien lawfully admitted for permanent
residence may apply for naturalization under chapter 2 of title III of
the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier
than 5 years after such adjustment of status.
(b) Language Requirement Waiver.--Section 312(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--
(1) in subparagraph (A), by adding ``or'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) is an alien in receipt of status adjustment
under section 244A of the Immigration and Nationality
Act.''. | American Promise Act of 2017 This bill amends the Immigration and Nationality Act to permit an alien who is in temporary protected status (TPS) or deferred enforced departure (DED) status to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS or DED status on or before October 1, 2017, and has been continuously physically present in the U.S. for at least three years. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States. DED designations permit eligible nationals of presidentially-designated counties to be temporarily not subject to removal from the United States.) The bill: waives certain grounds of inadmissibility; authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner; authorizes an alien who has applied for status adjustment to work; and authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years. Aliens from countries that no longer have valid TPS designation and aliens who no longer have valid DED status are not included in this bill unless such TSP or DED status expires on or after January 1, 2017. | {"src": "billsum_train", "title": "American Promise Act of 2017"} | 2,538 | 336 | 0.601845 | 1.759293 | 0.82202 | 2.272425 | 7.292359 | 0.830565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackfoot River Land Exchange Act of
2014''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Shoshone-Bannock Tribes, a federally recognized
Indian tribe with tribal headquarters at Fort Hall, Idaho--
(A) adopted a tribal constitution and bylaws on
March 31, 1936, that were approved by the Secretary of
the Interior on April 30, 1936, pursuant to the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known
as the ``Indian Reorganization Act'');
(B) has entered into various treaties with the
United States, including the Second Treaty of Fort
Bridger, executed on July 3, 1868; and
(C) has maintained a continuous government-to-
government relationship with the United States since
the earliest years of the Union;
(2)(A) in 1867, President Andrew Johnson designated by
Executive order the Fort Hall Reservation for various bands of
Shoshone and Bannock Indians;
(B) the Reservation is located near the cities of Blackfoot
and Pocatello in southeastern Idaho; and
(C) article 4 of the Second Treaty of Fort Bridger secured
the Reservation as a ``permanent home'' for the Shoshone-
Bannock Tribes;
(3)(A) according to the Executive order referred to in
paragraph (2)(A), the Blackfoot River, as the river existed in
its natural state--
(i) is the northern boundary of the Reservation;
and
(ii) flows in a westerly direction along that
northern boundary; and
(B) within the Reservation, land use in the River watershed
is dominated by--
(i) rangeland;
(ii) dry and irrigated farming; and
(iii) residential development;
(4)(A) in 1964, the Corps of Engineers completed a local
flood protection project on the River--
(i) authorized by section 204 of the Flood Control
Act of 1950 (64 Stat. 170); and
(ii) sponsored by the Blackfoot River Flood Control
District No. 7;
(B) the project consisted of building levees, replacing
irrigation diversion structures, replacing bridges, and channel
realignment; and
(C) the channel realignment portion of the project severed
various parcels of land located contiguous to the River along
the boundary of the Reservation, resulting in Indian land being
located north of the Realigned River and non-Indian land being
located south of the Realigned River;
(5) beginning in 1999, the Cadastral Survey Office of the
Bureau of Land Management conducted surveys of--
(A) 25 parcels of Indian land; and
(B) 19 parcels of non-Indian land; and
(6) the enactment of this Act and separate agreements of
the parties would represent a resolution of the disputes
described in subsection (b)(1) among--
(A) the Tribes;
(B) the allottees; and
(C) the non-Indian landowners.
(b) Purposes.--The purposes of this Act are--
(1) to resolve the land ownership and land use disputes
resulting from realignment of the River by the Corps of
Engineers during calendar year 1964 pursuant to the project
described in subsection (a)(4)(A); and
(2) to achieve a final and fair solution to resolve those
disputes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an heir of an
original allottee of the Reservation who owns an interest in a
parcel of land that is--
(A) held in trust by the United States for the
benefit of the allottee; and
(B) located north of the Realigned River within the
exterior boundaries of the Reservation.
(2) Blackfoot river flood control district no. 7.--The term
``Blackfoot River Flood Control District No. 7'' means the
governmental subdivision in the State of Idaho, located at 75
East Judicial, Blackfoot, Idaho, that--
(A) is responsible for maintenance and repair of
the Realigned River; and
(B) represents the non-Indian landowners relating
to the resolution of the disputes described in section
2(b)(1) in accordance with this Act.
(3) Indian land.--The term ``Indian land'' means any parcel
of land that is--
(A) held in trust by the United States for the
benefit of the Tribes or the allottees;
(B) located north of the Realigned River; and
(C) identified in exhibit A of the survey of the
Bureau of Land Management entitled ``Survey of the
Blackfoot River of 2002 to 2005'', which is located
at--
(i) the Fort Hall Indian Agency office of
the Bureau of Indian Affairs; and
(ii) the Blackfoot River Flood Control
District No. 7.
(4) Non-indian land.--The term ``non-Indian land'' means
any parcel of fee land that is--
(A) located south of the Realigned River; and
(B) identified in exhibit B, which is located at
the areas described in clauses (i) and (ii) of
paragraph (3)(C).
(5) Non-indian landowner.--The term ``non-Indian
landowner'' means any individual who holds fee title to non-
Indian land and is represented by the Blackfoot River Flood
Control District No. 7 for purposes of this Act.
(6) Realigned river.--The term ``Realigned River'' means
that portion of the River that was realigned by the Corps of
Engineers during calendar year 1964 pursuant to the project
described in section 2(a)(4)(A).
(7) Reservation.--The term ``Reservation'' means the Fort
Hall Reservation established by Executive order during calendar
year 1867 and confirmed by treaty during calendar year 1868.
(8) River.--The term ``River'' means the Blackfoot River
located in the State of Idaho.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tribes.--The term ``Tribes'' means the Shoshone-
Bannock Tribes.
SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS.
(a) Release of Claims.--Effective on the date of enactment of this
Act--
(1) all existing and future claims with respect to the
Indian land and the non-Indian land and all right, title, and
interest that the Tribes, allottees, non-Indian landowners, and
the Blackfoot River Flood Control District No. 7 may have had
to that land shall be extinguished;
(2) any interest of the Tribes, the allottees, or the
United States, acting as trustee for the Tribes or allottees,
in the Indian land shall be extinguished under section 2116 of
the Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act'') (25 U.S.C. 177); and
(3) to the extent any interest in non-Indian land
transferred into trust pursuant to section 5 violates section
2116 of the Revised Statutes (commonly known as the ``Indian
Trade and Intercourse Act'') (25 U.S.C. 177), that transfer
shall be valid, subject to the condition that the transfer is
consistent with all other applicable Federal laws (including
regulations).
(b) Documentation.--The Secretary may execute and file any
appropriate documents (including a plat or map of the transferred
Indian land) that are suitable for filing with the Bingham County clerk
or other appropriate county official, as the Secretary determines
necessary to carry out this Act.
SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES.
Effective on the date of enactment of this Act, the non-Indian land
shall be considered to be held in trust by the United States for the
benefit of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall transfer the Indian land to the
Blackfoot River Flood Control District No. 7 for use or sale in
accordance with subsection (b).
(b) Use of Land.--
(1) In general.--The Blackfoot River Flood Control District
No. 7 shall use any proceeds from the sale of land described in
subsection (a) according to the following priorities:
(A) To compensate, at fair market value, each non-
Indian landowner for the net loss of land to that non-
Indian landowner resulting from the implementation of
this Act.
(B) To compensate the Blackfoot River Flood Control
District No. 7 for any administrative or other expenses
relating to carrying out this Act.
(2) Remaining land.--If any land remains to be conveyed or
proceeds remain after the sale of the land, the Blackfoot River
Flood Control District No. 7 may dispose of that remaining land
or proceeds as the Blackfoot River Flood Control District No. 7
determines to be appropriate.
SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
Nothing in this Act affects the original boundary of the
Reservation, as established by Executive order during calendar year
1867 and confirmed by treaty during calendar year 1868.
SEC. 8. EFFECT ON TRIBAL WATER RIGHTS.
Nothing in this Act extinguishes or conveys any water right of the
Tribes, as established in the agreement entitled ``1990 Fort Hall
Indian Water Rights Agreement'' and ratified by section 4 of the Fort
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat.
3060).
SEC. 9. DISCLAIMERS REGARDING CLAIMS.
Nothing in this Act--
(1) affects in any manner the sovereign claim of the State
of Idaho to title in and to the beds and banks of the River
under the equal footing doctrine of the Constitution of the
United States;
(2) affects any action by the State of Idaho to establish
the title described in paragraph (1) under section 2409a of
title 28, United States Code (commonly known as the ``Quiet
Title Act'');
(3) affects the ability of the Tribes or the United States
to claim ownership of the beds and banks of the River; or
(4) extinguishes or conveys any water rights of non-Indian
landowners or the claims of those landowners to water rights in
the Snake River Basin Adjudication. | . Blackfoot River Land Exchange Act of 2014 - (Sec. 4) Extinguishes all claims and all right, title, and interest in specified Indian and non-Indian land as part of the settlement of disputes within the Fort Hall Indian Reservation of the Shoshone-Bannock Indian Tribes in Idaho resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964. (Sec. 5) Requires the non-Indian land to be held in trust by the United States for the Tribes. (Sec. 6) Directs the Secretary of the Interior to transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale. Requires any proceeds from the sale of the land to be used to compensate: (1) each non-Indian landowner at fair market value for his or her loss of land resulting from this Act's implementation, and (2) the Blackfoot River Flood Control District No. 7 for any expenses it incurs in carrying out this Act. Authorizes the Blackfoot River Flood Control District No. 7 to dispose of the land or proceeds that remain in any manner it determines to be appropriate. | {"src": "billsum_train", "title": "Blackfoot River Land Exchange Act of 2014"} | 2,432 | 264 | 0.554625 | 1.651269 | 0.696316 | 4.2287 | 9.502242 | 0.919283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Value and Quality Act of
2003''.
SEC. 2. FINDINGS.
The House makes the following findings:
(1) The United States Government should reward physicians,
hospitals, and other health care providers that provide high-
quality, cost-effective health care to beneficiaries under the
medicare program.
(2) The Journal of the American Medical Association has
published quality indicators in an article entitled ``Quality
of Medical Care Delivered to Medicare Beneficiaries: A Profile
at State and National Levels''.
(3) The cost of health care is--
(A) reflected in the type and volume of physicians'
services and in physician ordering and prescribing
behavior; and
(B) reflected in the amount of the average payment
to hospitals under the medicare program for each
medicare beneficiary in each State.
(4) Physician and hospital practice patterns contribute to
the total cost and quality of care for each medicare
beneficiary in each State.
(5) The original medicare fee-for-service program under
parts A and B of title XVIII of the Social Security Act does
not include a mechanism to pay for interventions designed to
improve quality of care.
SEC. 3. TO ENCOURAGE THE PROVISION OF HIGH-QUALITY, COST-EFFECTIVE
INPATIENT HOSPITAL SERVICES.
(a) Purpose.--The purpose under this section is to encourage the
provision of high-quality, cost-effective health care to beneficiaries
under the medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) by providing incentive payments to hospitals
located in States in which high-quality and cost-effective services are
being provided in order to finance further quality improvements.
(b) Intent.--It is the intent of Congress to provide incentives for
States to deliver high quality health care and to create incentives
that assure medicare recognizes value in the products and services that
the program purchases on behalf of medicare beneficiaries.
(c) Mechanism.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall establish a
mechanism under which--
(A) the Secretary provides economic incentives to
providers of inpatient hospital services that deliver
high-quality health care at low costs in accordance
with the methodology established by the Agency for
Healthcare Research and Quality under paragraph (2)
with a 5 percent add-on bonus payment to providers of
inpatient hospital services within the top ten
performing States; and
(B) the Secretary necessarily recognizes and
includes measurements that factor both the quality of
care delivered in a medicare purchasing region or in
the event that purchasing regions are not developed,
then in a State, to medicare beneficiaries and
consumption of resources, including but not limited to
labor, technology, capital infrastructure and
pharmaceuticals in the delivery of services to medicare
beneficiaries under the medicare program under title
XVIII of the Social Security Act.
(2) Value and quality ranking methodology.--
(A) In general.--The Agency for Healthcare Research
and Quality shall establish a value and quality ranking
methodology under which the Secretary awards bonus
payments to providers of inpatient hospital services
located in those States that demonstrate that such
providers in the State are providing high value because
of the high-quality, cost-effective health care
services being provided to medicare beneficiaries.
(B) Basis.--The methodology established under
subparagraph (A) shall be based on the rank and
performance on medicare quality indicators published
annually in the Journal of the American Medical
Association (JAMA) that uses Medicare's current quality
of care measures. Cost rankings will be based on the
Centers for Medicare and Medicaid Services (CMS) annual
report ranking States based on average Medicare
spending per recipient for each State.
(d) Definitions.--In this section:
(1) Provider of inpatient hospital services.--The term
``provider of inpatient hospital services'' means any
individual or entity that receives payment under the medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) for providing an inpatient hospital service (as
defined in section 1861(b) of such Act (42 U.S.C. 1395x(b))).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Medicare Value and Quality Act of 2003 - Directs the Secretary of Health and Human Services to establish a mechanism for providing economic incentives to providers of inpatient hospital services that deliver high-quality health care at low costs to encourage the provision of high-quality cost-effective health care to beneficiaries under the Medicare program under title XVIII of the Social Security Act. Requires the Agency for Healthcare Research and Quality to establish a value and quality ranking methodology for the award of bonus payments to such providers. | {"src": "billsum_train", "title": "To establish under the Medicare Program under title XVIII of the Social Security Act incentives to health care providers for delivering high-quality, cost-effective health care to Medicare beneficiaries."} | 957 | 106 | 0.630701 | 1.623062 | 0.804052 | 5.521277 | 9.361702 | 0.968085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Technology Motor Vehicle
Fuel Economy Act of 2000''.
TITLE I--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SEC. 101. CREDIT FOR CERTAIN ENERGY EFFICIENT MOTOR VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT FOR HYBRID VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of the credit amounts for each qualified hybrid
vehicle placed in service during the taxable year.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount for each qualified
hybrid vehicle with a rechargeable energy storage system that
provides the applicable percentage of the maximum available
power shall be the amount specified in the following table:
``Applicable percentage Credit amount
Greater than or equal to 5 percent but less than 10 $500
percent.
Greater than or equal to 10 percent but less than 20 $1,000
percent---.
Greater than or equal to 20 percent but less than 30 $1,500
percent---.
Greater than or equal to 30 percent.................... $2,000.
``(2) Increase in credit amount for regenerative braking
system.--In the case of a qualified hybrid vehicle that
actively employs a regenerative braking system which supplies
to the rechargeable energy storage system the applicable
percentage of the energy available from braking in a typical 60
miles per hour to 0 miles per hour braking event, the credit
amount determined under this section shall be increased by the
amount specified in the following table:
``Applicable percentage Credit amount
Greater than or equal to 20 percent but less than 40 $250
percent.
Greater than or equal to 40 percent but less than 60 $500
percent.
Greater than or equal to 60 percent.................... $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified hybrid vehicle.--The term `qualified hybrid
vehicle' means an automobile that meets all applicable
regulatory requirements and that can draw propulsion energy
from both of the following onboard sources of stored energy:
``(A) A consumable fuel.
``(B) A rechargeable energy storage system.
``(2) Maximum available power.--The term `maximum available
power' means the maximum value of the sum of the heat engine
and electric drive system power or other nonheat energy
conversion devices available for a driver's command for maximum
acceleration at vehicle speeds under 75 miles per hour.
``(3) Automobile.--The term `automobile' has the meaning
given such term by section 4064(b)(1) (without regard to
subparagraphs (B) and (C) thereof). A vehicle shall not fail to
be treated as an automobile solely by reason of weight if such
vehicle is rated at 8,500 pounds gross vehicle weight rating or
less.
``(d) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and the preceding
sections of this subpart, over
``(2) the tentative minimum tax for the taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under this section with
respect to--
``(A) any property for which a credit is allowed
under section 30,
``(B) any property referred to in section 50(b), or
``(C) any property taken into account under section
179 or 179A.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(f) Regulations.--
``(1) Treasury.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section.
``(2) Environmental protection agency.--The Administrator
of the Environmental Protection Agency, in coordination with
the Secretary of Transportation and consistent with the laws
administered by such agency for automobiles, shall timely
prescribe such regulations as may be necessary or appropriate
solely for the purpose of specifying the testing and
calculation procedures to determine whether a vehicle meets the
qualifications for a credit under this section.
``(g) Application of Section.--This section shall apply to any
qualified hybrid vehicles placed in service after December 31, 1999,
and before January 1, 2009.''
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(28) to the extent provided in section 30B(e)(1).''
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30B. Credit for hybrid vehicles.''
SEC. 102. EXTENSION OF CREDIT FOR CERTAIN QUALIFIED ELECTRIC VEHICLES.
(a) Extension of Credit for Qualified Electric Vehicles.--
Subsection (e) of section 30 of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``December 31, 2004''
and inserting ``December 31, 2008''.
(b) Repeal of Phaseout.--Subsection (b) of section 30 of such Code
(relating to limitations) is amended by striking paragraph (2) and by
redesignating paragraph (3) as paragraph (2).
SEC. 103. EFFECTIVE DATE.
The amendments made by this title shall apply to vehicles placed in
service after the date of the enactment of this Act.
TITLE II--AMENDMENTS TO THE ENERGY POLICY ACT OF 1992
SEC. 201. STUDY OF CURRENT AND FUTURE ENERGY CONSERVATION REGARDING
MOTOR VEHICLE AND RELATED TRANSPORTATION IN INTERSTATE
COMMERCE IN THE UNITED STATES.
(a) In General.--Subtitle G of title I of the Energy Policy Act of
1992 (42 U.S.C. 13451 note) is amended by adding the following new
sections:
``SEC. 174. TRANSPORTATION ENERGY CONSERVATION STUDY.
``(a) Study Agreement.--The Secretary of Transportation (with the
participation of the Secretary of Energy) shall, within 90 days after
the date of enactment of this section, enter into an agreement with the
National Academy of Sciences to conduct a comprehensive study of
voluntary, mandatory, and other means and measures used by private and
public sectors for the purposes of conserving energy in transportation
of people and goods in interstate commerce in the United States, and
for the provision of services by motor vehicles and other modes of
transportation, and identify and examine potential voluntary,
mandatory, and other approaches to such conservation. Such study shall
also examine the use, acceptance, effectiveness, costs, impact on
mobility, and other relevant factors concerning such current and
potential means and measures for energy conservation and shall consider
the ubiquitous nature of such transportation and its importance in the
economy. The study shall also take into consideration such factors as
current and future energy supplies available to the United States, the
availability in the United States of adequate, reliable, convenient,
consumer-friendly transportation locally, regionally, and nationally,
the geographic size and population of the United States, and the
availability and impact of technologies and fuels that affect energy
conservation. The study shall also compare existing and planned energy
conservation approaches in other economically developed countries and
integrated economic regions, taking into consideration similar factors.
``(b) Requirements.--The study shall be comprised of the following
aspects:
``(1) An overview of the United States energy supply
situation, including an assessment of current and projected
fuel supplies.
``(2) The impact of current and projected fuel supplies on
national security and trade.
``(3) An assessment of energy use by the transportation and
several other sectors of the economy.
``(4) An assessment of the relative effectiveness of past
and current motor vehicle energy conservation programs for
motor vehicles and other modes of transportation, policies, and
proposals in the United States, including consideration of,
among others--
``(A) regulatory requirements, direct and indirect;
``(B) corporate average fuel economy mandate;
``(C) dispersal of authority over the provision and
regulation of transportation;
``(D) gas guzzler tax;
``(E) alternative fuel vehicles and the
availability of alternative fuels;
``(F) tax credits for electric vehicles;
``(G) fiscal measures, including taxation,
incentives and subsidies;
``(H) higher fuel taxes;
``(I) fuel economy labeling and reporting;
``(J) integration of transportation and land use
planning;
``(K) speed limits;
``(L) carpooling requirements;
``(M) high occupancy vehicle (HOV) restrictions;
``(N) altering driving behavior;
``(O) incentives for mass transit;
``(P) development, use, and adequacy of modeling
for energy efficiency of motor vehicle and other
transportation modes;
``(Q) congestion mitigation measures; and
``(R) strategic and other measures and incentives,
including communications and outreach strategies.
``(5) An assessment of the effectiveness of motor vehicle
transportation energy conservation efforts in economically
developed countries and integrated economic regions other than
the United States, including consideration of, among others--
``(A) regulatory measures and mandates;
``(B) fiscal measures;
``(C) higher fuel taxes;
``(D) vehicle taxation by engine size;
``(E) tolls;
``(F) alternative fuel vehicles and the
availability of alternative fuels;
``(G) voluntary commitments in lieu of mandates;
``(H) gas rationing and mobility restrictions
(e.g., no-drive days);
``(I) monitoring; and
``(J) other fuel economy programs.
``(6)(A) The identification of potential future approaches
to motor vehicle and other transportation energy conservation
efforts in the United States, including consideration of, among
others--
``(i) voluntary approaches by industry versus
regulatory mandates;
``(ii) use of incentives to encourage market
penetration;
``(iii) cooperative government/industry
arrangements such as Smart Growth, Clean Cities, Energy
Star, Partnership for a New Generation of Vehicles,
European Automobile Cooperative Research program, and
Japanese Cooperative Automobile Research program;
``(iv) efforts to encourage and accelerate lean
burn, clean diesel hybrids, fuel cells and other
advanced technologies, and alternative fuels;
``(v) congestion mitigation measures;
``(vi) intelligent transportation systems (ITS);
and
``(vii) other potential approaches.
``(B) In making such identification, the study should
assess, to the extent applicable, the marketability, risks,
benefits, practicability, acceptability, and costs of such
approaches as well as any legal or market barriers to the
introduction of such approaches, such as cost of energy, public
awareness, fueling infrastructure, fuel quality, and other
existing regulations (e.g., Environmental Protection Agency
Tier 2 regulations, California emissions standards, Federal
Motor Vehicle Safety Standards).
``(7) An assessment of the effects on personal mobility and
the United States economy that have resulted from the
implementation of current conservation policies and measures
and that likely would result from the implementation of future
approaches.
``(8) Conclusions that appropriately follow from the
foregoing study, including--
``(A) the effectiveness of prior and existing
transportation policies in fostering increased energy
conservation;
``(B) the need for and timing of energy
conservation measures for motor vehicles; and
``(C) other potential future approaches and
policies that recommend themselves for further
consideration.
``(c) Report.--The Secretary of Transportation shall submit to
Congress, not later than 18 months after the date of enactment of this
Act, a report describing the results of the study under this section,
including any appropriate recommendations, together with the basis for
them and their estimated costs and benefits.
``SEC. 175. STUDY OF LEAN BURN TECHNOLOGY.
``(a) Scope of Study.--The Secretary of Transportation (with the
participation of the Secretary of Energy) shall, within 60 days after
the date of enactment of this Act, commission a study regarding lean
burn technology in increasing fuel efficiency, to include consideration
of, among other things:
``(1) Potential benefits.--The potential benefits of
introducing lean burn technology, including--
``(A) its impact on fuel consumption; and
``(B) the cost effectiveness (i.e., value) of
implementing lean burn technology as a bridge to longer
term advanced technologies for fuel economy
improvement.
``(2) Potential barriers.--The potential barriers to
introduction of lean burn technology, including--
``(A) emissions control technology for lean burn
technology;
``(B) the compatibility of existing fuels to
advanced technologies;
``(C) the conflict between lean burn technology and
stringent emissions limits; and
``(D) any legal and market barriers to the
introduction of lean burn technologies, such as cost of
energy, public awareness, fueling infrastructure, fuel
quality, and other existing regulations (e.g.,
Environmental Protection Agency Tier 2 regulations,
California emissions standards, Federal Motor Vehicle
Safety Standards);
``(3) Recommendations.--Recommendations for removing or
addressing any potential barriers, including--
``(A) the implementation of new technologies with
the least disruption to the economy; and
``(B) the incremental cost of increasing fuel
efficiency.
``(4) Overall recommendations on the value of pursuing lean
burn technology as a means of improving fuel efficiency.
``(b) Report.--The Secretary shall submit to Congress, not later
than 12 months after the date of enactment of this Act, a report
describing the results of the study under this section, including any
appropriate recommendations, together with the basis for them and their
estimated costs and benefits.''.
SEC. 202. EXTENSION OF CREDITS FOR FLEXIBLE FUEL VEHICLES.
(a) Purpose.--The purpose of this section is to extend the
manufacturing incentives for dual fuel vehicles, as set forth in
subsections (b) and (d) of section 32905 of title 49, United States
Code, from the 2004 model year through the 2008 model year, and to
extend in like manner the maximum fuel economy increase, as set forth
in subsection (a)(1) of section 32906 of title 49, United States Code.
(b) Amendments.--
(1) Section 32905 of title 49, United States Code, is
amended as follows:
(A) Subsections (b) and (d) are each amended by
striking ``model years 1993-2004'' and inserting
``model years 1993-2008''.
(B) Subsection (f) is amended by striking `Not
later than December 31, 2001, the Secretary' and
inserting ``Not later than December 31, 2005, the
Secretary shall''.
(C) Subsection (f)(1) is amended by striking
``model year 2004'' and inserting ``model year 2008''.
(D) Subsection (g) is amended by striking ``Not
later than September 30, 2000'' and inserting ``Not
later than September 30, 2004''.
(2) Subsection (a)(1) of section 32906 of title 49, United
States Code, is amended as follows:
(A) Subsection (a)(1)(A) is amended by striking
``the model years 1993-2004'' and inserting ``model
years 1993-2008''.
(B) Subsection (a)(1)(B) is amended by striking
``the model years 2005-2008'' and inserting ``2009-
2012''. | Title II: Amendments to the Energy Policy Act of 1992
- Amends the Energy Policy Act of 1992 to provide for studies of: (1) voluntary, mandatory, and other measures used to conserve energy in the transportation of goods and people; and (2) lean burn technology.
Extends the manufacturing incentives for dual fuel vehicles and the maximum fuel economy increase for alternative fueled automobiles. | {"src": "billsum_train", "title": "Advanced Technology Motor Vehicle Fuel Economy Act of 2000"} | 3,739 | 81 | 0.415073 | 0.998382 | 0.145331 | 3.5 | 46.473684 | 0.921053 |
SECTION 1. BIOFUELS RESEARCH INITIATIVE.
(a) Short Title.--This section may be cited as the ``Biofuels
Research Initiative Act of 2007''.
(b) Research, Extension, and Educational Programs on Biobased
Energy Technologies and Products.--Title IX of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by
adding at the end the following:
``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED
ENERGY TECHNOLOGIES AND PRODUCTS.
``(a) Purposes.--The purposes of the programs established under
this section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased
energy technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United States
through biobased energy and product technologies;
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies; and
``(4) to enhance the efficiency of bioenergy and biomass
research and development programs through improved coordination
and collaboration between the Department of Agriculture, the
Department of Energy, and the land-grant colleges and
universities.
``(b) Definitions.--In this section:
``(1) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act) and West Virginia State College; and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Establishment.--To carry out the purposes described in
subsection (a), the Secretary shall establish programs under which--
``(1) the Secretary shall provide grants to the lead land
grant university for each of the regional consortiums with the
lead university selected based on criteria in subsection (e);
and
``(2) the consortium shall use the grants in accordance
with this section.
``(d) Grants to a Consortium.--The Secretary shall use amounts made
available for a fiscal year under subsection (j) to provide a grants in
equal amounts to the lead land grant university for each of the
regional consortiums with the lead university selected based on
criteria in subsection (e):
``(e) Criteria for Consortium Membership.--To be a member of a
consortium, a university must have the following attributes:
``(1) Demonstrated history, capability and intellectual
property in germplasm development, including but not limited to
genetics, plant breeding, and molecular techniques.
``(2) Production logistics, including but not limited to
cropping systems, harvesting technologies, storage
technologies, and transportation systems.
``(3) Economic and policy analysis, including but not
limited to probabilistic forecasts, economic feasibility, and
business plans.
``(4) Environmental assessment, including but not limited
to life-cycle analysis, climate change assessment, air quality,
and water use evaluations of bioenergy production systems.
``(5) Facilities, including but not to facilities for
genomics, plant breeding, crop production, crop processing,
equipment design and fabrication, equipment testing, and
environmental testing.
``(6) Academic and research capabilities in plant science,
agronomy, soil science, plant physiology, plant pathology,
entomology, engineering, agricultural engineering, and
agricultural economics.
``(7) Management capabilities in academics, research
administration, intellectual property development, contract
management, Federal procurement, and agricultural technology
transfer.
``(f) Regional Consortium Groups.--Each of the following shall be
considered a regional consortium group for the purposes of this Act:
``(1) North-central consortium.--A north-central university
consortium for the region composed of the States of Illinois,
Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota,
South Dakota, Wisconsin, and Wyoming.
``(2) Southeastern consortium.--A southeastern university
consortium for the region composed of--
``(A) the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia;
``(B) the Commonwealth of Puerto Rico; and
``(C) the United States Virgin Islands.
``(3) South-central consortium.--A south-central university
consortium for the region composed of the States of Arkansas,
Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma,
and Texas.
``(4) Western consortium.--A western university consortium
for the region composed of--
``(A) the States of Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, Utah, and Washington;
and
``(B) territories and possessions of the United
States (other than the territories referred to in
subparagraphs (B) and (C) of paragraph (2)).
``(5) Northeastern consortium.--A northeastern university
consortium for the region composed of the States of
Connecticut, Delaware, Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
``(g) Use of Funds.--
``(1) University consortium.--Of the funds made available
for a fiscal year to a consortium under subsection (d), the
consortium member shall use not more than 25 percent of the
amount for administration to support excellence in science,
engineering, and economics at each regional consortium to
promote the purposes described in subsection (a) through each
applicable State agricultural experiment station, cooperative
extension services, and relevant educational programs of the
regional consortium member.
``(2) Grants to land-grant colleges and universities.--Each
regional university consortium shall use the funds that remain
available for a fiscal year after expenditures made under
paragraph (1) to provide competitive grants to Agricultural and
Land Grant colleges and universities in the region of the
consortium as follows:
``(A) Not less than 30 percent of the funds to
conduct, consistent with the purposes described in
subsection (a), multi-institutional and multi-State
research, extension, and educational programs on
technology development.
``(B) Not less than 30 percent of the funds to
conduct, consistent with the purposes described in
subsection (a), multi-institutional and multi-State
integrated research, extension, and educational
programs on technology implementation.
``(3) Indirect costs.--A university consortium may not
recover the indirect costs of making grants under paragraph (2)
to other land-grant colleges and universities.
``(h) Plan.--Subject to the availability of funds under subsection
(j), each university consortium, in cooperation with other land-grant
colleges and universities and private industry in accordance with
paragraph (2), shall jointly develop and submit to the Secretary, for
approval, a plan for addressing at the State and regional levels the
bioenergy, biomass, and gasification research priorities of the
Department of Agriculture and the Department of Energy for making
grants under paragraphs (1) and (2) of subsection (e).
``SEC. 9012. BIO ENERGY CONSORTIUM.
``(a) Establishment.--The Secretary of Agriculture shall establish
a Bio Energy Consortium led by 5 universities selected by the Secretary
that meet criteria of excellence across a wide range of expertise,
experience, and reputation. These universities shall have
responsibility for regional and disciplinary organization across the
United States to identify talents and expertise that contributes to
advancing biomass for energy and incorporate teams to address priority
issues and to accelerate biomass for energy technologies. The lead
universities are responsible for avoiding redundancy, bringing the best
science to address issues and developing an integrated nationwide
program. Identification of the best science for selected areas of
research may be structured under a peer review competitive process
developed by the 5 lead universities.
``(b) External Advisory Group.--The Bio Energy Consortium and each
of the 5 lead universities selected under subsection (a) shall each--
``(1) be advised by external advisory group selected by the
regional consortium and be comprised of stakeholders in the
region and that have broad range of expertise; and
``(2) submit an annual report to the advisory group
defining the research, extension, and teaching programs and
accomplishments during of each entity submitting a report
during the year for which the report is submitted.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2008 through 2017.'' | Biofuels Research Initiative Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to establish grants to the lead land grant university for each regional consortium.
Prescribes the use of such grants. Requires each regional university consortium to provide competitive grants to Agricultural and Land Grant colleges and universities in the region of the consortium.
Directs the Secretary to establish a Bio Energy Consortium led by five universities meeting specified criteria, which shall be responsible to identify talents and expertise that contribute to advancing biomass for energy. | {"src": "billsum_train", "title": "To enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, the Department of Energy, and land-grant colleges and universities, and for other purposes."} | 1,904 | 117 | 0.616884 | 1.479568 | 0.635327 | 3.798077 | 17.692308 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Technology Research
Integration and Coordination Act''.
SEC. 2. COORDINATION OF ENVIRONMENTAL TECHNOLOGY RESEARCH AND
DEVELOPMENT.
(a) Interagency Coordination.--The Director of the Office of
Science and Technology Policy shall, in coordination with the heads of
other Federal agencies that have substantial investment in the
development and adoption of environmental technologies, take any action
necessary--
(1) to ensure, to the maximum extent practicable, the
coordinated, interagency promotion of the research,
development, and adoption of environmental technologies; and
(2) to develop priorities for Federal environmental
technology research, development, and adoption efforts.
(b) Implementation.--In carrying out this section, the Director of
the Office of Science and Technology Policy shall--
(1) review current Federally funded programs, including
Federal budget outlays for these programs, to determine their
role in the development and dissemination of environmental
technologies;
(2) recommend the specific responsibilities of each
appropriate Federal agency to achieve the goals and priorities
developed under this section;
(3) describe the recommended levels of Federal funding
required for each Federal agency to carry out the specific
responsibilities recommended in paragraph (2);
(4) develop a means for ensuring, to the maximum extent
practicable, that the principles of sustainable economic
development are integrated into the research, development, and
technology programs of all Federal agencies;
(5) ensure that the efforts of the Federal Government are
coordinated with the efforts of State and local governments and
private and nonprofit organizations promoting the research,
development, and demonstration of environmental technologies;
and
(6) submit to the Congress any recommendations regarding
legislative or administrative action, including recommendations
on the roles of Federal agencies, which may be required to
carry out this section.
(c) Budget Coordination.--The Director of the Office of Science and
Technology Policy shall annually assess, before the President submits
to the Congress the budget for a fiscal year, the budget estimate of
each relevant Federal agency for consistency with the plans, reviews,
and priorities developed under this section. The Director shall make
the results of the annual assessment available to the appropriate
elements of the Executive Office of the President, particularly the
Office of Management and Budget, for use in the preparation of such
budget.
(d) Annual Review and Plan.--The Director of the Office of Science
and Technology shall annually submit to the Congress a report
containing an evaluation and plan that assesses the progress of Federal
efforts in advancing the research, development, and adoption of
environmental technologies.
(e) Non-Federal Participation.--The Director of the Office of
Science and Technology Policy shall establish mechanisms to ensure the
participation of non-Federal entities, including State and local
governments, United States industry, institutions of higher education,
worker organizations, professional associations, and United States
nonprofit organizations, in carrying out this section, including the
development of the plans and reviews developed under this section.
SEC. 3. INCORPORATION OF INFORMATION ON ENVIRONMENTAL TECHNOLOGIES INTO
EXISTING NETWORKS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator, through the Office of
Research and Development of the Environmental Protection Agency and in
cooperation with the Under Secretary for Technology of the Department
of Commerce and the heads of any other appropriate Federal agencies,
shall, to the maximum extent practicable, use existing information
network capabilities of the Federal Government to provide access to
data on environmental technologies developed, tested, or verified under
programs established by this Act, and by other appropriate Federal and
non-Federal sources. Such data shall include information on--
(1) activities carried out under this Act and the
amendments made by this Act;
(2) performance standards regarding environmental
technologies;
(3) significant international developments in environmental
technologies, fully coordinating with other international
technology information programs, of the Federal Government; and
(4) other information determined by the Administrator to be
of substantial value in promoting the development and adoption
of environmental technologies.
(b) Use of Existing Resources.--In carrying out this section, the
Administrator shall, to the maximum extent practicable--
(1) use existing public and private sector information
providers and carriers;
(2) add to existing data sources; and
(3) integrate data described in subsection (a) into other
technology databases maintained by the Environmental Protection
Agency, the Department of Commerce, the Department of Energy,
and other appropriate Federal agencies.
(c) Outreach.--The Administrator shall conduct appropriate outreach
efforts to advertise, deliver, and disseminate the information made
available through the networks referred to in subsection (a), including
information on participation in Alliances referred to in subsection
(d).
(d) Environmental Technology Transfer Alliances.--
(1) Technology transfer.--The Administrator may enter into
partnership agreements (in this section referred to as
``Alliances'') with an agency of a State or local government, a
non-profit organization in which a State or local government is
a member, an institution of higher education designated by a
State or local government, or a manufacturing extension and
outreach service or regional technical assistance service
approved by the Federal Government or a State in order to--
(A) facilitate access to information incorporated
in the networks referred to in subsection (a); and
(B) transfer to entities referred to in paragraph
(2) other information that would enhance the
development and adoption of environmental technologies.
(2) Entities eligible for alliance participation.--Entities
eligible for participation in an Alliance include United States
companies, United States non-profit organizations, Federal
laboratories, United States institutions of higher education,
sponsoring organizations, and other organizations that the
Administrator considers to be appropriate.
(3) Alliance activities.--Under a partnership agreement
referred to in paragraph (1), an Alliance--
(A) may disseminate information made available
through the networks to any other entity the Alliance
considers necessary to advance the goals of this
section;
(B) is encouraged to collect, and disseminate to
United States companies in the region, information
regarding opportunities for the more efficient use of
materials and energy and for waste minimization,
materials conversion, and recycling;
(C) is encouraged to provide technical assistance
to United States companies related to activities under
this subsection; and
(D) may undertake any other activities the
Administrator considers appropriate to carry out this
subsection.
(4) Use of existing programs.--In selecting partners for a
partnership agreement referred to in paragraph (1), the
Administrator shall, to the maximum extent practicable, use
existing programs for technical assistance and technical
information dissemination.
(5) Financial assistance.--
(A) In general.--To carry out this subsection, the
Administrator may provide financial assistance to an
Alliance under terms and conditions prescribed by the
Administrator.
(B) Limitations.--The Administrator may not provide
financial assistance to an Alliance under this
subsection--
(i) for construction of facilities; or
(ii) in an amount that exceeds a minority
cost share of the activities carried out by the
Alliance under this subsection.
SEC. 4. USE OF ENVIRONMENTAL TECHNOLOGY PRODUCTS BY THE FEDERAL
GOVERNMENT.
(a) Establishment.--The President shall establish a program for
evaluating and approving the purchase by the Federal Government of
environmental technology products. The President shall--
(1) work with established performance standards programs to
ensure substitutability of environmental technologies for
conventional technologies for the purposes of the Federal
Government;
(2) establish a priority list of technologies for inclusion
under the program; and
(3) implement a plan for the procurement of environmental
technologies.
(b) Report.--Within one year after the date of the enactment of
this Act and annually thereafter, the President shall submit to the
Congress a report describing the progress made in carrying out this
section and plans for carrying out this section for the three years
immediately following the year in which the report is submitted.
SEC. 5. STUDY OF REGULATORY INFLUENCES ON INNOVATION IN ENVIRONMENTAL
TECHNOLOGIES.
(a) Review.--The Administrator, working with State regulatory
agencies, shall conduct a study of current environmental regulations
and their effect upon innovation in environmental technologies and the
introduction of new environmental products.
(b) Report.--The Administrator shall, within one year after the
date of the enactment of this Act, submit to the Congress a report on
the results of the study described in subsection (a). The report shall
contain any suggestions of the Administrator for actions that could be
taken to increase the regulatory incentives for industrial use of new
environmental technologies.
SEC. 6. STUDY OF THE IMPACT OF TAX INCENTIVES ON INNOVATION IN
ENVIRONMENTAL TECHNOLOGIES.
The President shall study the potential for efficiently encouraging
the development and use of environmental technologies through tax
incentives. The study shall--
(1) review existing environmental and technology
development tax incentives and estimate their impact on the
development and use of environmental technologies;
(2) assess the potential of alternative tax incentives that
are considered promising for accelerating the development and
use of environmental technologies; and
(3) in coordination with the study of regulatory effects on
innovation in environmental technologies established in section
5, assess the relationship between existing regulations and
proposed regulatory reforms on the influence of existing and
potential tax incentives.
SEC. 7. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``environmental technology'' means--
(A) a technology that is primarily intended to
improve the quality of the environment through
pollution reduction or remediation;
(B) a product, manufacturing process, or service
that is capable of cost-effectively replacing the
functions of an existing product, process, or service,
and as compared with the product, process, or service
it replaces, significantly reducing overall pollution
or significantly improving the efficiency of energy or
materials use; or
(C) a technology within the meaning of
subparagraphs (A) and (B).
(3) The term ``sustainable economic development'' means the
integration of environmental and economic development concerns
leading to long-term economic development with reduced
pollution and the more efficient use of energy and materials. | Environmental Technology Research Integration and Coordination Act - Requires the Director of the Office of Science and Technology Policy to take any action necessary to: (1) ensure the coordinated, interagency promotion of the research, development, and adoption of environmental technologies; and (2) develop priorities for Federal environmental technology research, development, and adoption efforts.
Requires the Director to: (1) assess the budget estimate of each relevant Federal agency for consistency with plans, reviews, and priorities on an annual basis; (2) make assessment results available to the Executive Office of the President for use in the preparation of the President's budget; (3) report annually to the Congress on the progress of Federal efforts to advance the research, development, and adoption of environmental technologies; and (4) establish mechanisms to ensure the participation of non-Federal entities.
Directs the Administrator of the Environmental Protection Agency (EPA), acting through the EPA Office of Research and Development, to use existing information network capabilities to provide access to data on environmental technologies developed, tested, or verified by programs under this Act and by other appropriate sources.
Authorizes the Administrator to enter into partnership agreements ("alliances") with State or local government agencies and other specified entities to: (1) facilitate access to information incorporated in the networks; and (2) transfer to such entities other information that would enhance the development and adoption of environmental technologies.
Encourages alliances to disseminate information, and provide technical assistance, to U.S. companies on opportunities for the more efficient use of materials and energy and for waste minimization, materials conversion, and recycling.
Authorizes the Administrator to provide financial assistance to alliances under certain conditions.
Directs the President to establish a program for evaluating and approving Federal Government purchases of environmental technology products.
Requires the Administrator to study and report to the Congress on the effect of current environmental regulations upon innovation in environmental technologies and the introduction of new environmental products, including actions that could be taken to increase the regulatory incentives for industrial use of new environmental technologies.
Directs the President to study the potential for efficiently encouraging the development and use of environmental technologies through tax incentives. | {"src": "billsum_train", "title": "Environmental Technology Research Integration and Coordination Act"} | 2,181 | 440 | 0.686072 | 2.145398 | 0.830464 | 4.224057 | 5.014151 | 0.945755 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Dredge Disposal Act of
1996''.
SEC. 2. DREDGED MATERIAL DISPOSAL FACILITIES.
Section 101 of the Water Resources Development Act of 1986 (33
U.S.C. 2211) is amended by adding at the end the following:
``(f) Dredged Material Disposal Facilities.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this subsection, the
provision of upland, aquatic, and confined aquatic dredged
material disposal facilities associated with the construction,
operation, and maintenance of all Federal navigation projects
for harbors and inland harbors (including diking and applying
dredged material to beneficial use and other improvements
necessary for the proper disposal of dredged material) shall be
considered to be a general navigation feature of a project for
the purpose of cost sharing under this section.
``(2) Limitations on federal share of project costs.--
``(A) Funds not required for operation and
maintenance.--No funds comprising the Federal share of
the costs associated with the construction of a dredged
material disposal facility for the operation and
maintenance of a Federal navigation project for a
harbor or inland harbor in accordance with paragraph
(1) that are eligible to be paid with sums appropriated
out of the Harbor Maintenance Trust Fund under
paragraph (3) shall be expended for construction until
the Secretary, in the Secretary's discretion,
determines that the funds are not required to cover
eligible operation and maintenance costs assigned to
commercial navigation.
``(B) Maximum federal share for operation and
maintenance.--The Federal share of the costs of
activities described in paragraph (3) for a project
shall not exceed $25,000,000 for any fiscal year.
``(3) Operation and maintenance costs.--For the purposes of
section 210, eligible operation and maintenance costs shall
include (in addition to eligible operation and maintenance
costs assigned to commercial navigation)--
``(A) the Federal share of the costs of
constructing dredged material disposal facilities
associated with the operation and maintenance of all
Federal navigation projects for harbors and inland
harbors;
``(B) the costs of operating and maintaining
dredged material disposal facilities associated with
the construction, operation, and maintenance of all
Federal navigation projects for harbors and inland
harbors;
``(C) the Federal share of the costs of
environmental dredging and disposal facilities for
contaminated sediments that are in, or that affect the
maintenance of, Federal navigation channels and the
mitigation of environmental impacts resulting from
Federal dredging activities; and
``(D) the Federal share of the costs of dredging,
management, and disposal of in-place contaminated
sediments and other environmental remediation in
critical port and harbor areas to facilitate maritime
commerce and navigation.
``(4) Preference.--In undertaking activities described in
paragraph (3)(D), the Secretary shall give preference to port
areas with respect to which, and in accordance with the extent
that, annual payments of harbor maintenance fees exceed Federal
expenditures for projects in the port area that are eligible
for reimbursement out of the Harbor Maintenance Trust Fund.
``(5) Applicability.--This subsection applies to the
provision of a dredged material disposal facility with respect
to which, and to the extent that--
``(A) a contract for construction (or for
construction of a usable portion of such a facility);
or
``(B) a contract for construction of an associated
navigation project (or usable portion of such a
project);
has not been awarded on or before the date of enactment of this
subsection.
``(6) Amendment of existing agreements.--
``(A) In general.--Unless otherwise requested by
the non-Federal interest within 30 days after the date
of enactment of this subsection, each cooperative
agreement entered into between the Secretary and a non-
Federal interest under this section shall be amended,
effective as of the date of enactment of this
subsection, to conform to this subsection, including
provisions relating to the Federal share of project
costs for dredged material disposal facilities.
``(B) Application of amendment.--An amendment to a
cooperative agreement required by subparagraph (A)
shall be applied prospectively.
``(7) Effect on non-federal costs of other dredged material
disposal facilities.--Nothing in this subsection shall
increase, or result in the increase of, the non-Federal share
of the costs of any dredged material disposal facility required
by the authorization for a project.''. | Environmental Dredge Disposal Act of 1996 - Amends the Water Resources Development Act of 1986 to consider the provision of dredged material disposal facilities associated with Federal navigation projects for harbors as a general navigation feature of a project for purposes of Federal cost sharing. Prohibits the expenditure of Federal funds for costs associated with such a facility unless the Secretary of the Army determines that the funds are not required to cover eligible operation and maintenance (O&M) costs assigned to commercial navigation. Limits to $25 million the Federal share of such O&M costs for a fiscal year. Defines eligible O&M costs associated with such a project.
Requires the amendment of existing agreements to conform with changes made under this Act. | {"src": "billsum_train", "title": "Environmental Dredge Disposal Act of 1996"} | 1,021 | 161 | 0.620684 | 1.768507 | 0.883124 | 3.315789 | 6.992481 | 0.849624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Terrorism Prevention Act of
2002''.
SEC. 2. MANIFEST DISCREPANCIES.
Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is
amended--
(1) by striking ``(b) Production of Manifest.--Any'' and
inserting the following:
``(b) Production of Manifest.--
``(1) Requirement.--Any''; and
(2) by striking ``If any irregularity of omission'' and all
that follows through the end period and inserting the
following:
``(2) Discrepancies.--Notwithstanding any other provision
of law, if any shortages or overages of merchandise with
respect to any manifest are not reported to the Customs Service
at the time a vessel makes formal entry under section 434 or at
the time a vehicle or aircraft presents or transmits
documentation under section 433(d), the owner or operator of
the vessel, aircraft, or vehicle, or any party responsible for
such shortages or overages shall be liable for any fine or
penalty prescribed by law with respect to such discrepancy. The
Customs Service may take appropriate action against any party
responsible for not correcting such discrepancy. The Secretary
of the Treasury shall not permit any vessel master or agent,
any person in charge of a vehicle, or any airline pilot to
report shortages or overages at any time that is inconsistent
with the provision of this paragraph.''.
SEC. 3. SPECIFIC DESIGNATION OF MERCHANDISE.
(a) Regulations.--Section 431(d)(1) of the Tariff Act of 1930 (19
U.S.C. 1431(d)(1)) is amended--
(1) by striking ``and'' at the end of in subparagraph (C);
(2) in subparagraph (D) by striking the end period and
inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(E) prohibit the use of certain descriptions of
merchandise, including `freight of all kinds',
`hazardous not otherwise specified', and `said to
contain', or any other description that does not
provide adequate information regarding the merchandise
on any manifest required by the Customs Service.''.
(b) Automated Manifest System.--Not later than 12 months after the
date of enactment of this Act, the Commissioner of Customs shall
develop software to carry out the automated manifest system that will
reject merchandise descriptions prohibited by section 431(d)(1)(E) of
the Tariff Act of 1930 (19 U.S.C. 1431(d)(1)(E)).
SEC. 4. PENALTIES FOR INACCURATE MANIFEST.
Section 436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is
amended--
(1) by striking ``$5,000'' and inserting ``$10,000''; and
(2) by striking ``and $10,000'' and inserting ``$15,000 for
the second violation, and $20,000''.
SEC. 5. STUDY AND REPORT ON AUTOMATED REVIEW SYSTEMS.
(a) Study and Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
conduct a study of the issues set forth in paragraph (2) and
submit a report to Congress setting forth the results of the
study and any recommendations to implement the conclusions of
the study.
(2) Issues to be studied.--The issues to be studied
pursuant to paragraph (1) are--
(A) the manner in which data from manifests and
bills of lading are submitted to the Customs Service;
(B) an assessment of the accuracy of such data;
(C) the effectiveness of the automated sufficiency
programs;
(D) the advisability of modifying the process for
collecting data to be used in the automated reviews;
and
(E) the ability to improve the data collection
system.
(b) Authorization of Appropriation.--There is authorized to be
appropriated $500,000 to carry out the study and prepare the report
required by this section.
SEC. 6. MANUAL INSPECTION.
(a) Increased Manual Inspection.--
(1) Requirement.--The Customs Service shall increase the
number of manual inspections of merchandise carried on vessels
required to make entry under section 434 of the Tariff Act of
1930 (19 U.S.C. 1434) with a view toward manually inspecting 10
percent of all such merchandise.
(2) Additional personnel.--The Secretary of the Treasury
shall employ a sufficient number of new Customs Officers to
perform the increased number of manual inspections described in
paragraph (1).
(b) Authorization of Appropriation.--There is authorized to be
appropriated $150,000,000 for fiscal year 2003 to be available for the
procurement of at least 100 mobile scanning devices to assist in
increasing the number of manual inspections described in subsection
(a)(1).
SEC. 7. RESEARCH AND DEVELOPMENT GRANTS.
(a) Grants Authorized.--The Secretary of the Treasury is authorized
to award grants to eligible entities to research and develop
technologies that can be used to secure the ports of the United States.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to develop technologies such as--
(1) methods to increase the ability of the Customs Service
to inspect merchandise carried on any vessel that will arrive
or has arrived at any port or place in the United States;
(2) equipment that accurately detects explosives, or
chemical and biological agents that could be used to commit
terrorist acts in the United States, including--
(A) field-portable and hand-held Raman Lidar
systems for standoff identification of suspected
chemical or biological agents; and
(B) hand-held mass spectrometers for detection of
gaseous agents;
(3) equipment that accurately detects nuclear materials,
including--
(A) hand-held gamma-ray detectors that utilize
cadmium zinc telluride crystals capable of detailed
spectral analysis;
(B) large-area, position-sensitive neutron
detectors that utilize He-3 chambers to provide imaging
capability;
(C) large-area, gamma-ray detection equipment that
utilizes tubes containing compressed xenon; and
(D) scintillation-based detection equipment capable
of attachment to spreaders to signal the presence of
nuclear materials during the unloading of containers;
(4) improved tags and seals designed for use on shipping
containers to track the transportation of the merchandise in
such containers, including ``smart sensors'' that are able to
track a container throughout its entire supply chain, detect
hazardous and radioactive materials within that container, and
transmit such information to the appropriate authorities at a
remote location;
(5) tools to mitigate the consequences of a terrorist act
at a port of the United States, including a network of sensors
to predict the dispersion of radiological, chemical, or
biological agents that might be intentionally or accidentally
released; and
(6) pilot projects that could be implemented within 12
months at 1 of the Nation's 5 largest ports to demonstrate the
effectiveness of a system of radiation detection monitors
located throughout the port to detect nuclear or radiological
material.
(c) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Secretary of the Treasury at
such time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
(d) Eligible Entity.--In this section, the term ``eligible entity''
means any national laboratory, nonprofit private organization,
institution of higher education, or other entity that the Secretary of
the Treasury determines is eligible to receive a grant authorized by
subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of the fiscal years 2003 through 2007
to carry out the provisions of this section. | Port Terrorism Prevention Act of 2002 - Amends the Tariff Act of 1930 to revise the nature of the liability of vessel, aircraft, or vehicle owners or operators, or other responsible parties for manifest irregularities. Specifies unreported shortages or overages instead of irregularities as the causes of liability.Requires the Secretary of the Treasury to prohibit the use of certain descriptions of merchandise that do not provide adequate information regarding the merchandise on a required manifest.Directs the Commissioner of Customs to develop software to carry out the automated manifest system that will reject such prohibited merchandise descriptions.Doubles from $5,000 to $10,000 the civil penalties for inaccurate manifests, and raises from $10,000 to $15,000 the penalty for a second violation, and to $20,000 for each subsequent violation.Directs the Secretary to study and report to Congress on the effectiveness of automated systems for the review of manifest and bill of lading data.Requires the Customs Service to increase the number of manual inspections of merchandise carried on vessels required to make entry with a view toward manually inspecting ten percent of all such merchandise.Authorizes the Secretary to award grants to eligible entities to research and develop technologies that can be used to secure the ports of the United States. | {"src": "billsum_train", "title": "A bill to increase security for United States ports, and for other purposes."} | 1,799 | 270 | 0.526131 | 1.644967 | 0.839318 | 4.240175 | 6.882096 | 0.886463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Timbers Battlefield and Fort
Miamis National Historic Site Act of 1999''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``historic site'' means the Fallen Timbers
Battlefield and Monument and Fort Miamis National Historic Site
established by section 4 of this Act.
(2) The term ``management plan'' means the general management
plan developed pursuant to section 5(d).
(3) The term ``Secretary'' means the Secretary of the Interior.
(4) The term ``management entity'' means the Metropolitan Park
District of the Toledo Area.
(5) The term ``technical assistance'' means any guidance,
advice, or other aid, other than financial assistance, provided by
the Secretary.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(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 led by Little Turtle and Blue Jacket.
(2) Fort Miamis was occupied by General Wayne's legion from
1796 to 1798.
(3) In the spring of 1813, British troops, led by General Henry
Proctor, landed at Fort Miamis and attacked the fort twice, without
success.
(4) Fort Miamis and Fallen Timbers Battlefield are in Lucas
County, Ohio, in the city of Maumee.
(5) The 9-acre Fallen Timbers Battlefield Monument is listed as
a National Historic Landmark.
(6) Fort Miamis is listed in the National Register of Historic
Places as a historic site.
(7) In 1959, the Fallen Timbers Battlefield was included in the
National Survey of Historic Sites and Buildings as 1 of 22 sites
representing the ``Advance of the Frontier, 1763-1830''.
(8) In 1960, the Fallen Timbers Battlefield 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 recognize and preserve the Fort Miamis site;
(3) to formalize the linkage of the Fallen Timbers Battlefield
and Monument to Fort Miamis;
(4) to preserve and interpret United States military history
and Native American culture during the period from 1794 through
1813;
(5) to provide assistance to the State of Ohio, political
subdivisions of the State, and nonprofit organizations in the State
to implement the management plan and develop programs that will
preserve and interpret the historical, cultural, natural,
recreational and scenic resources of the historic site; and
(6) 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 Fallen Timbers Battlefield Commission, Heidelberg College, the
city of Toledo, and the Metropark District of the Toledo Area, to
implement the management plan.
SEC. 4. ESTABLISHMENT OF THE FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS
NATIONAL HISTORIC SITE.
(a) In General.--There is established, as an affiliated area of the
National Park System, the Fallen Timbers Battlefield and Fort Miamis
National Historic Site in the State of Ohio.
(b) Description.--The historic site is comprised of the following
as generally depicted on the map entitled Fallen Timbers Battlefield
and Fort Miamis National Historical Site-proposed, number NHS-FTFM, and
dated May 1999:
(1) The Fallen Timbers site, comprised generally of the
following:
(A) The Fallen Timbers Battlefield site, consisting of an
approximately 185-acre parcel located north of U.S. 24, west of
U.S. 23/I-475, south of the Norfolk and Western Railroad line,
and east of Jerome Road.
(B) The approximately 9-acre Fallen Timbers Battlefield
Monument, located south of U.S. 24; and
(2) The Fort Miamis Park site.
(c) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
SEC. 5. ADMINISTRATION OF HISTORIC SITES.
(a) Applicability of National Park System Laws.--The historic site
shall be administered in a manner consistent with this Act and all laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1, 2-4; commonly known as the
National Park Service Organic Act), and the Act of August 21, 1935 (16
U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings,
and Antiquities Act).
(b) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with the management entity to provide technical
assistance to ensure the marking, research, interpretation, education
and preservation of the Fallen Timbers Battlefield and Fort Miamis
National Historic Site.
(c) Reimbursement.--Any payment made by the Secretary pursuant to
this section shall be subject to an agreement that conversion, use, or
disposal of the project so assisted for purposes contrary to the
purposes of this section as determined by the Secretary, shall result
in a right of the United States to reimbursement of all funds made
available to such project or the proportion of the increased value of
the project attributable to such funds as determined at the time of
such conversion, use, or disposal, whichever is greater.
(d) General Management Plan.--
(1) In general.--The Secretary, in consultation with the
management entity and Native American tribes whose ancestors were
involved in events at these sites, shall develop a general
management plan for the historic site. The plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16 U.S.C.
1a-1 et seq.; commonly known as the National Park System General
Authorities Act).
(2) Completion.--The plan shall be completed not later than 2
years after the date funds are made available.
(3) Transmittal.--Not later than 30 days after completion of
the plan, the Secretary shall provide a copy of the plan to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated such funds 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. | Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999 - Establishes as an affiliated National Park System (NPS) area, the Fallen Timbers Battlefield and Fort Miamis National Historic Site in the State of Ohio.
Requires the Site to be administered in a manner consistent with this Act and all laws generally applicable to NPS units.
Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Metropolitan Park District of the Toledo Area (management entity) to provide technical assistance to ensure the marking, research, interpretation, education, and preservation of the Site. Makes any payments by the Secretary pursuant to this Act subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to this Act shall result in a right of the U.S. to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use of disposal, whichever is greater. Directs the Secretary to develop and transmit to specified congressional committees a general management plan for the Site within two years after the date funds are made available.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999"} | 1,479 | 259 | 0.59222 | 1.972265 | 0.847995 | 5.920705 | 5.894273 | 0.92511 |
SECTION 1. CENTER FOR TECHNICAL ASSISTANCE FOR NON-DEPARTMENT HEALTH
CARE PROVIDERS WHO FURNISH CARE TO VETERANS IN RURAL
AREAS.
(a) Establishment in Department of Veterans Affairs Authorized.--
(1) In general.--The Secretary of Veterans Affairs may
establish in the Department of Veterans Affairs a center for
technical assistance to assist non-Department health providers
who furnish care to veterans in rural areas.
(2) Designation.--The center authorized by paragraph (1)
may be known as the ``Rural Veterans Health Care Technical
Assistance Center'' (in this section referred to as the
``Center'').
(b) Director.--The head of the Center shall be the Director of the
Rural Veterans Health Care Technical Assistance Center, who shall be
appointed by the Secretary from among individuals who--
(1) are qualified to carry out the duties of the Director;
and
(2) have significant knowledge and experience working for
or with a non-Department health care provider that furnishes
care to veterans in rural areas.
(c) Location.--The Secretary shall select the location of the
Center. In selecting the location of the Center, the Secretary shall
give preference to a location that--
(1) has in place infrastructure appropriate for the
functions of the Center;
(2) is located in a State that has--
(A) a high number of veterans in rural and highly
rural areas (including veterans not enrolled in the
system of annual patient enrollment established under
section 1705 of title 38, United States Code); and
(B) a history of strong collaboration--
(i) between the Veterans Health
Administration and non-Department health
providers who furnish care to veterans; and
(ii) between the Veterans Health
Administration and a State institution of
higher education that maintains links to or
contracts with a State office of rural health
and another rural health program; and
(3) is in proximity to one or more entities carrying out
programs and activities relating to health care for rural
populations (including rural populations of veterans),
including an institution of higher education carrying out such
programs and activities that is willing to enter into a
partnership with the Center to assist and collaborate with the
Center in the discharge of its functions.
(d) Functions.--The functions of the Center shall be as follows:
(1) To develop and disseminate information, educational
materials, training programs, technical assistance and
materials, and other tools to improve access to health care
services for veterans in rural areas and to otherwise improve
the health care provided veterans by non-Department health care
providers.
(2) To improve collaboration on health care matters,
including exchange of health information, for veterans
receiving health care from both Department and non-Department
providers of health care services between the Department and
other health care providers serving rural populations,
including rural health clinics, community health centers
serving rural populations, critical access hospitals serving
rural populations, small rural hospitals, telehealth networks,
and other rural health care providers and systems.
(3) To establish and maintain Internet-based information
(including practical models, best practices, research results,
and other appropriate information) on mechanisms to improve
health care for veterans in rural areas.
(4) To work with existing Government offices and agencies
on health care for rural populations and veterans health care,
including the Office of Rural Health of the Department of
Veterans Affairs and the Office of Rural Health Policy of the
Health Resources and Services Administration of the Department
of Health and Human Services, on programs, activities, and
other mechanisms for improving health care for rural veterans.
(5) To track and monitor fee expenditures of the Department
relating to non-Department health care providers serving rural
populations and to evaluate the Center through the use of an
independent entity experienced and knowledgeable about rural
health care matters, such non-Department providers, and
programs and services of the Department.
(e) Discharge of Functions Through Partnerships.--For purposes of
discharging its functions under subsection (d), the Center may enter
into partnerships with persons and entities (including small business
concerns owned by veterans or veterans with service-connected
disabilities) that have demonstrated expertise in the provision of
educational and technical assistance for veterans in rural areas,
health care providers serving rural populations, and persons and
entities seeking to enter into contracts with the Federal Government in
matters relating to the functions of the Center, including the
provision of educational and technical assistance relating to
telehealth, reimbursement for health care, improvement of quality of
care, and contracting with the Federal Government. | Authorizes the Secretary of Veterans Affairs to establish within the Department of Veterans Affairs (VA) a center for technical assistance to assist non-VA health providers who furnish care to veterans in rural areas. Makes the head of such center the Director of the Rural Veterans Health Care Technical Assistance Center. Requires the Secretary, in selecting the center's location, to give preference to a location that, among other things: (1) has a high number of veterans in rural and highly rural areas, and (2) is near one or more entities carrying out programs and activities relating to health care for rural populations. | {"src": "billsum_train", "title": "A bill to authorize the establishment in the Department of Veterans Affairs of a center for technical assistance for non-Department health care providers who furnish care to veterans in rural areas, and for other purposes."} | 946 | 126 | 0.697518 | 1.947462 | 0.671632 | 4.466102 | 7.991525 | 0.923729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pill Mill Crackdown Act of 2011''.
SEC. 2. DEFINITIONS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end the following:
``(57) The term `pill mill' includes a doctor's office,
clinic, or health care facility that--
``(A) routinely prescribes or dispenses controlled
substances outside the scope of the prevailing
standards of medical practice in the community in
relation to the prescribing or dispensing of controlled
prescription drugs; or
``(B) routinely violates this Act in relation to
the prescribing or dispensing of controlled
prescription drugs.
``(58) The term `operator of a pill mill' includes--
``(A) any practicing physician affiliated with a
pill mill; or
``(B) any owner, director, officer, or partner of a
pill mill.''.
SEC. 3. PENALTIES FOR OPERATION OF A PILL MILL.
Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b))
is amended by adding at the end the following:
``(8) In the case of a violation of subsection (a)
involving distribution of a controlled substance in schedule II
or schedule III by the operator of a pill mill, such operator
shall be imprisoned as provided in this subsection (except that
the term of such imprisonment shall be double the term
otherwise applicable), fined as provided in this subsection
(except that such fine shall be in an amount triple the amount
otherwise applicable), or both.''.
SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE TWENTY-ONE.
Section 418 of the Controlled Substances Act (21 U.S.C. 859) is
amended by adding at the end the following:
``(c) Pill Mill Operators.--In the case of a person who commits an
offense punishable under section 401(b)(8), this section shall be
applied by substituting `thrice' for `twice' in each of subsections (a)
and (b).''.
SEC. 5. ALTERNATIVE FINE NOT APPLICABLE TO PILL MILL OPERATORS.
Section 415 of the Controlled Substances Act (21 U.S.C. 855) is
amended by striking ``In lieu of'' and inserting the following:
``Except in the case of an offense punishable under section 401(b)(8)
or 418(c), in lieu of''.
SEC. 6. SENSE OF CONGRESS REGARDING CRIMINAL FORFEITURE OF THE PROPERTY
OF PILL MILL OPERATORS.
It is the sense of Congress that an offense punishable under
section 401(a)(8) of the Controlled Substances Act (21 U.S.C.
841(a)(8)) is a violation for which certain property is subject to
forfeiture to the United States under section 413 of such Act (21
U.S.C. 853).
SEC. 7. USE OF CERTAIN FORFEITED PROPERTY FOR THE OPERATIONS OF THE
OFFICE OF NATIONAL DRUG CONTROL POLICY.
Section 413(h) of the Controlled Substances Act (21 U.S.C. 853(h))
is amended by adding at the end the following: ``In the case of
property ordered forfeited under this section by reason of a conviction
for an offense punishable under section 401(b)(8) or 418(c), the
proceeds from any disposition under this subsection of such property
shall be used, in addition to amounts previously made available in
appropriations Acts, for the programs under section 399O, 1911, and
1921 of the Public Health Service Act.''.
SEC. 8. TRANSFER BETWEEN SCHEDULES OF CERTAIN SUBSTANCES.
(a) Schedule II in section 202 of the Controlled Substances Act (21
U.S.C. 812) is amended by adding at the following:
``(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation containing
limited quantities of any of the following narcotic drugs, or any salts
thereof:
``(1) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with a fourfold or greater quantity of an isoquinoline alkaloid
of opium.
``(2) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.''.
(b) Schedule III in section 202 of the Controlled Substances Act
(21 U.S.C. 812) is amended by striking the following:
``(3) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with a fourfold or greater quantity of an isoquinoline alkaloid
of opium.
``(4) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.''. | Pill Mill Crackdown Act of 2011 - Amends the Controlled Substances Act to: (1) double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill, (2) increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and (3) exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense.
Defines: (1) "pill mill" to include a doctor's office, clinic, or health care facility that routinely prescribes or dispenses controlled substances outside the scope of the prevailing standards of medical practice in the community in relation to the prescribing or dispensing of controlled prescription drugs or that routinely violates such Act in relation to the prescribing or dispensing of controlled prescription drugs; and (2) "operator of a pill mill" to include any practicing physician affiliated with a pill mill or any owner, director, officer, or partner of a pill mill.
Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture. Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse.
Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance. | {"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to provide for increased penalties for operators of pill mills, and for other purposes."} | 1,272 | 357 | 0.651995 | 1.990772 | 0.789657 | 3.324675 | 3.217532 | 0.876623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combined Welfare Administration Act
of 1993''.
SEC. 2. COMBINED GRANT TO STATE FOR ADMINISTRATIVE COSTS OF AFDC,
MEDICAID, AND FOOD STAMP PROGRAMS.
(a) In General.--The Secretary of Health and Human Services shall
make grants, in accordance with the provisions of this section, to each
State for the costs of the necessary and proper administration of its
State plan for aid to families with dependent children approved under
part A of title IV of the Social Security Act, its State plan for
medical assistance under title XIX of such Act and its State plan of
operation approved (by the Secretary of Agriculture) under the Food
Stamp Act of 1977.
(b) Source of Funds.--Grants to States under subsection (a) shall
be made from amounts appropriated to carry out this Act, or from funds
made available for such purpose--
(1) by the Secretary of Health and Human Services pursuant
to part A of title IV, or title XIX, of the Social Security
Act; or
(2) by the Secretary of Agriculture pursuant to the Food
Stamp Act of 1977.
(c) Establishment of Single Fund.--Amounts made available pursuant
to subsection (b) shall be combined in a single fund account
established by the Secretary of the Treasury for the administration of
this Act by the Secretary of Health and Human Services.
SEC. 3. ELIMINATION OF ENHANCED FEDERAL PAYMENTS FOR STATE
ADMINISTRATIVE ACTIVITIES UNDER AFDC, MEDICAID, AND FOOD
STAMPS.
(a) AFDC.--
(1) In general.--Section 403(a)(3) of the Social Security
Act (42 U.S.C. 603(a)(3)) is amended to read as follows:
``(3) in the case of any State, an amount equal to 50
percent of the total amounts expended during such quarter as
found necessary by the Secretary for the proper and efficient
administration of the State plan;''.
(2) Conforming amendments.--(A) Section 402(e) of such Act
(42 U.S.C. 602(e)) is amended--
(i) by striking ``(e)(1)'' and inserting ``(e)'';
and
(ii) by striking paragraph (2).
(B) Part A of title IV of such Act (42 U.S.C. 601 et seq.)
is amended by striking section 413.
(b) Medicaid.--
(1) In general.--Section 1903(a) of the Social Security Act
(42 U.S.C. 1396b(a)) is amended--
(A) by striking paragraphs (2), (3), (4), and (6);
(B) in paragraph (5), by adding ``plus'' at the
end; and
(C) by redesignating paragraphs (5) and (7) as
paragraphs (2) and (3).
(2) Conforming amendments.--(A) Section 1158 of such Act
(42 U.S.C. 1320c-7) is amended--
(i) by striking ``(a) A State plan'' and inserting
``A State plan''; and
(ii) by striking subsection (b).
(B) Section 1902(a)(25)(A)(ii) of such Act (42 U.S.C.
1396a(a)(25)(A)(ii)) is amended by striking ``shall--'' and all
that follows and inserting the following: ``shall be integrated
with a mechanized claims processing and information retrieval
system;''.
(C) Section 1903 of such Act (42 U.S.C. 1396b) is amended
by striking subsections (b)(3) and (r).
(D) Section 1903(w) of such Act (42 U.S.C. 1396b(w)) is
amended--
(i) in paragraph (1)(B), by striking ``subsection
(a)(7)'' and inserting ``subsection (a)(3)''; and
(ii) by striking ``paragraphs (2), (3), (4), (6),
and (7)'' each place it appears in paragraphs (1)(B)
and (2)(A)(iii) and inserting ``paragraph (3)''.
(E) Section 1919 of such Act (42 U.S.C. 1396r) is amended--
(i) in subsection (g)(3)(C), by striking
``1903(a)(2)(D)'' and inserting ``1903(a)(3)''; and
(ii) by striking ``1903(a)(7)'' each place it
appears in subsections (h)(2)(E) and (h)(2)(F) and
inserting ``1903(a)(3)''.
(c) Food Stamp Program.--
(1) In general.--Section 16(a) of the Food Stamp Act of
1977 (7 U.S.C. 2025(a)) is amended by striking ``: Provided,
That the Secretary'' and all that follows through the end and
inserting a period.
(2) Conforming amendments.--(A) Section 16(c)(1) of such
Act (7 U.S.C. 2025(c)(1)) is amended--
(i) in the matter preceding subparagraph (A), by
striking ``and provide'' and all that follows through
``error rates'';
(ii) in subparagraph (B), by striking ``other than
those receiving adjustments under subparagraph (A)'';
(iii) in subparagraph (C), by striking
``subparagraph (B)'' and inserting ``subparagraph
(A)''; and
(iv) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B).
(B) Section 16(c)(5) of such Act (7 U.S.C. 2025(c)(5)) is
amended--
(i) by striking ``either incentive payments under
paragraph (1)(A) or''; and
(ii) by striking ``paragraph (1)(C)'' each place it
appears and inserting ``paragraph (1)(B)''.
(C) Section 16(c)(6) of such Act (7 U.S.C. 2025(c)(6)) is
amended--
(i) by striking ``and incentive payments'' and all
that follows through ``(1)(C)'' and inserting ``and
claims pursuant to paragraph (1)''; and
(ii) by striking ``paragraph (1)(C)'' and inserting
``paragraph (1)(B)''.
(D) Section 16(c)(7) of such Act (7 U.S.C. 2025(c)(7)) is
amended by striking ``paragraph (1)(C)'' and inserting
``paragraph (1)(B)''.
(E) Section 16 of such Act (7 U.S.C. 2025(c)) is amended by
striking subsections (g) and (j).
(F) Section 23(a)(1) of such Act (7 U.S.C. 2032(a)(1)) is
amended--
(i) in paragraph (1)(C), by striking ``either
section 16(a) or 16(g)'' and inserting ``section
16(a)''; and
(ii) by striking subparagraph (E).
SEC. 4. ALLOTMENT AND PAYMENT OF FUNDS UNDER GRANT PROGRAM.
(a) In General.--
(1) Basis for payments in initial year of applicability.--
The total amount payable to a State under this Act for fiscal
year 1994 shall be that amount which bears the same ratio to
the amount available pursuant to section 2 for that year as the
allowable administrative amounts determined to be payable to
such State for the last two quarters in fiscal year 1993 and
the first two quarters in fiscal year 1994 (as defined in
subsection (b), and subject to the limitation in subsection
(c)) bear to the total of such amounts for all States.
(2) Payments in subsequent years.--The total amount payable
to a State under this Act for each subsequent fiscal year shall
be the amount payable to the State under this subsection in the
preceding year increased by the percentage increase in the
consumer price index for all urban consumers (U.S. city
average) for the 12-month period ending with June of the
previous year.
(3) Timing; frequency.--Payments under this section shall
be made in accordance with section 203 of the Intergovernmental
Cooperation Act of 1968 from amounts determined to be available
to the State under paragraph (1), and payments shall be made at
the same time and in the same frequency as the Secretary
determines appropriate for making payments under section
403(b)(3) or section 1903(d)(2) of the Social Security Act.
(b) Allowable Administrative Amounts Defined.--
(1) In general.--For purposes of subsection (a)(1), the
term ``allowable administrative amount'' means (subject to
paragraphs (2) and (3)), with respect to a State, the amounts
determined to be payable to a State for the quarter specified
is equal to the sum of--
(A) payments to the State under section 403(a)(3)
of the Social Security Act (excluding any amounts
determined under section 403(a)(3)(B) of such Act);
(B) payments to the State under paragraphs (2),
(3), (4), and (6) of section 1903(a) of such Act
(excluding amounts paid for the activities described in
paragraph (3)(A) of such section); and
(C) payments to the State under section 16(a) of
the Food Stamp Act of 1977 (excluding amounts retained
by a State under such section because of its collection
or recovery activities, and without regard to any
adjustment under section 16(c) of such Act or any
amounts paid under such section for the cost of
investigations or prosecutions, or the cost of
administering the food stamp program on all or part of
an Indian reservation).
(2) Limitation.--For purposes of paragraph (1), in
determining the amount of payments to a State for a fiscal
year, the State's expenditures shall be considered only if
amounts have been transferred for grants under this Act for
such year from sums otherwise available (but for such transfer)
for administrative costs under title IV or title XIX of the
Social Security Act or under the Food Stamp Act of 1977.
(3) Elimination of enhanced administrative payments in
determining amount of grants.--In carrying out this subsection,
the Secretary shall apply the Social Security Act and the Food
Stamp Act of 1977 as if the amendments to those Acts made by
section 3 had been in effect for quarters beginning during
1993.
(c) Treatment of Amounts in Dispute.--In the event that there is a
dispute between a State and the Secretary (or the Secretary of
Agriculture) with respect to any such claim for payment which, if
approved, would be included in computing the State's allotment under
subsection (a), the amount in dispute shall not be included for
purposes of making allotments under such subsection for any year prior
to the first year beginning after the dispute is resolved.
SEC. 5. REPORT ON INTENDED USE OF FUNDS AND ACTIVITIES; AUDIT.
(a) Report by State.--Each State desiring to receive an allotment
for any fiscal year under this Act shall prepare a report on the
intended use of such allotment. Such report shall describe in general
terms of goals to be achieved and classes of administrative
expenditures for which funds received under the grant will be used. The
report shall assure that fiscal control and fund accounting procedures
will be established that are adequate to meet the requirements of
subsection (b). The report (for the second and subsequent years for
which an allotment is sought under this Act) shall also include a
description of the State's activities under the Act in the fiscal year
preceding the year for which such report is prepared and the extent to
which the goals it identified in the report for such preceding year
were achieved. The report shall be made public within the State on a
timely basis and in such manner as to facilitate review by and comments
from interested persons and local governments on its content, and a
copy of the report will be provided to the Secretary.
(b) Audits.--Each State receiving a grant under this Act shall
biennially conduct a financial and compliance audit of its expenditures
from such grants. Such State audits shall be conducted by an entity
independent of any State agency administering activities carried out
under this subsection, and in accordance with the Comptroller General's
standards for auditing governmental organizations, programs,
activities, and functions. The State shall also make copies of the
audit available for public inspection within the State.
SEC. 6. INAPPLICABILITY OF SINGLE STATE AGENCY REQUIREMENTS UNDER OTHER
ACTS.
Notwithstanding any other provision of the Social Security Act or
of the Food Stamp Act of 1977, a State plan approved under part A of
title IV of the Social Security Act, under title XIX of such Act, or a
State plan of operation required by section 11(d) of the Food Stamp Act
of 1977, shall not be regarded as failing to comply with applicable
requirements under such provisions solely because the agency
administering the grant provided under this Act is not the same State
agency otherwise responsible for the administration of such State plan.
SEC. 7. CONFORMING AMENDMENTS.
(a) AFDC.--Section 403(a)(3) of the Social Security Act (42 U.S.C.
603(a)(3)) is amended by striking ``plan--'' and inserting ``plan
(except to the extent that payment is made to the State for
expenditures under this part during quarters in the fiscal year under
the Combined Welfare Administration Act of 1993)--''.
(b) Medicaid.--Section 1903(a)(3) of the Social Security Act (42
U.S.C. 1396b(a)(3)) is amended by striking ``(3)'' and inserting ``(3)
except to the extent that payment is made to the State for expenditures
under this title during quarters in the fiscal year under the Combined
Welfare Administration Act of 1993,''.
(c) Food Stamp Program.--Section 16 of the Food Stamp Act of 1977
(7 U.S.C. 2025) is amended by adding at the end the following new
subsection:
``(j) Payments to a State under this section for quarters in a
fiscal year shall be reduced to the extent that payment is made to the
State for activities under this Act during quarters in the fiscal year
under the Combined Welfare Administration Act of 1993.''.
SEC. 8. DEFINITIONS.
In this Act--
(1) except as otherwise provided, the term ``Secretary''
means the Secretary of Health and Human Services; and
(2) the term ``State'' means each of the several States and
the District of Columbia.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to payments to States under part B of title IV
of the Social Security Act, title XIX of the Social Security Act, and
the Food Stamp Act of 1977 for quarters in fiscal years beginning after
fiscal year 1993. | Combined Welfare Administration Act of 1993 - Authorizes the Secretary of Health and Human Services to make a combined grant to States for administrative costs necessary to carry out the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, and the Food Stamp program.
Eliminates enhanced Federal payments for State administrative activities under such programs.
Provides for allotment and payment of funds under such grant program, as well as State reports on the intended use of such allotments.
Sets forth audit requirements. | {"src": "billsum_train", "title": "Combined Welfare Administration Act of 1993"} | 3,465 | 130 | 0.576158 | 1.481444 | 0.630222 | 3.758929 | 26.517857 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Agents Registration
Modernization and Enforcement Act''.
SEC. 2. CIVIL INVESTIGATIVE DEMAND AUTHORITY.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.)
is amended--
(1) by redesignating sections 8, 9, 10, 11, 12, 13, and 14
as sections 9, 10, 11, 12, 13, 14, and 15, respectively; and
(2) by inserting after section 7 (22 U.S.C. 617) the
following:
``civil investigative demand authority
``Sec. 8. (a) Whenever the Attorney General has reason to believe
that any person or enterprise may be in possession, custody, or control
of any documentary material relevant to an investigation under this
Act, the Attorney General, before initiating a civil or criminal
proceeding with respect to the production of such material, may serve a
written demand upon such person to produce such material for
examination.
``(b) Each such demand under this section shall--
``(1) state the nature of the conduct constituting the
alleged violation which is under investigation and the
provision of law applicable to such violation;
``(2) describe the class or classes of documentary material
required to be produced under such demand with such
definiteness and certainty as to permit such material to be
fairly identified;
``(3) state that the demand is immediately returnable or
prescribe a return date which will provide a reasonable period
within which the material may be assembled and made available
for inspection and copying or reproduction; and
``(4) identify the custodian to whom such material shall be
made available.
``(c) A demand under this section may not--
``(1) contain any requirement that would be considered
unreasonable if contained in a subpoena duces tecum issued by a
court of the United States in aid of grand jury investigation
of such alleged violation; or
``(2) require the production of any documentary evidence
that would be privileged from disclosure if demanded by a
subpoena duces tecum issued by a court of the United States in
aid of a grand jury investigation of such alleged violation.''.
SEC. 3. INFORMATIONAL MATERIALS.
(a) Definitions.--Section 1 of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611) is amended--
(1) in subsection (1), by striking ``Expect'' and inserting
``Except''; and
(2) by inserting after subsection (i) the following:
``(j) The term `informational materials' means any oral, visual,
graphic, written, or pictorial information or matter of any kind,
including matter published by means of advertising, books, periodicals,
newspapers, lectures, broadcasts, motion pictures, or any means or
instrumentality of interstate or foreign commerce or otherwise.''.
(b) Informational Materials.--Section 4 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 614) is amended--
(1) in section (a)--
(A) by inserting ``, including electronic mail and
social media,'' after ``United States mails''; and
(B) by striking ``, not later than forty-eight
hours after the beginning of the transmittal thereof,
file with the Attorney General two copies thereof'' and
inserting ``file such materials with the Attorney
General in conjunction with, and at the same intervals
as, disclosures required under section 2(b).''; and
(2) in subsection (b)--
(A) by striking ``It shall'' and inserting ``(1)
Except as provided in paragraph (2), it shall''; and
(B) by inserting at the end the following:
``(2) Foreign agents described in paragraph (1) may omit disclosure
required under that paragraph in individual messages, posts, or
transmissions on social media on behalf of a foreign principal if the
social media account or profile from which the information is sent
includes a conspicuous statement that--
``(A) the account is operated by, and distributes
information on behalf of, the foreign agent; and
``(B) additional information about the account is on file
with the Department of Justice in Washington, District of
Columbia.
``(3) Informational materials disseminated by an agent of a foreign
principal as part of an activity that is exempt from registration, or
an activity which by itself would not require registration, need not be
filed under this subsection.''.
SEC. 4. FEES.
(a) Repeal.--The Department of Justice and Related Agencies
Appropriations Act, 1993 (title I of Public Law 102-395) is amended,
under the heading ``salaries and expenses, general legal activities'',
by striking ``In addition, notwithstanding 31 U.S.C. 3302, for fiscal
year 1993 and thereafter, the Attorney General shall establish and
collect fees to recover necessary expenses of the Registration Unit (to
include salaries, supplies, equipment and training) pursuant to the
Foreign Agents Registration Act, and shall credit such fees to this
appropriation, to remain available until expended.''.
(b) Registration Fee.--The Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 611 et seq.), as amended by this Act, is further
amended by adding at the end the following:
``fees
``Sec. 16. The Attorney General shall establish and collect a
registration fee, as part of the initial filing requirement and at no
other time, to help defray the expenses of the Registration Unit, and
shall credit such fees to this appropriation, to remain available until
expended.''.
SEC. 5. REPORTS TO CONGRESS.
Section 12 of the Foreign Agents Registration Act of 1938, as
amended, as redesignated by section 3, is amended to read as follows:
``reports to congress
``Sec. 12. The Assistant Attorney General for National Security,
through the FARA Registration Unit of the Counterintelligence and
Export Control Section, shall submit a semiannual report to Congress
regarding the administration of this Act, including, for the reporting
period, the identification of--
``(1) registrations filed pursuant to this Act;
``(2) the nature, sources, and content of political
propaganda disseminated and distributed by agents of foreign
principal;
``(3) the number of investigations initiated based upon a
perceived violation of section 7; and
``(4) the number of such investigations that were referred
to the Attorney General for prosecution.''. | Foreign Agents Registration Modernization and Enforcement Act This bill amends the Foreign Agents Registration Act of 1938 (FARA) to provide that whenever the Department of Justice (DOJ) has reason to believe that a person or enterprise may be in possession or control of documentary material relevant to an investigation under FARA, the DOJ, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon the entity to produce the material for examination. The bill includes social media communications under information that foreign agents must file with DOJ. Under certain circumstances, social media communications are exempted from the requirement for foreign agents to include a disclosure statement in informational materials. Informational materials disseminated by a foreign agent as part of an activity that would not require registration, need not be filed. The FARA Registration Unit shall submit a semiannual report to Congress regarding the administration of FARA, including the number of investigations initiated based upon a perceived violation and the number of such investigations that were referred to DOJ for prosecution. | {"src": "billsum_train", "title": "Foreign Agents Registration Modernization and Enforcement Act"} | 1,472 | 228 | 0.509883 | 1.514383 | 0.891743 | 4.304569 | 6.989848 | 0.913706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Parents and Students
Through Information Act''.
SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST
SIGNIFICANT COGNITIVE DISABILITIES.
Section 1111 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by adding at the end the
following:
``(G) State requirements for alternate achievement
standards.--Notwithstanding subparagraph (B), in the
case of any State that elects to use alternate academic
achievement standards in any subject included in the
State's accountability system under paragraph (2) for
students with the most significant cognitive
disabilities, in accordance with section 612(a)(16) of
the Individuals with Disabilities Education Act and
sections 200.1(d) and 200.6(a)(2) of title 34, Code of
Federal Regulations, or any successor regulation, the
State shall--
``(i) establish and monitor implementation
of clear and appropriate guidelines for
individualized education program teams (as
defined in section 614(d)(1)(B) of the
Individuals with Disabilities Education Act) to
apply in determining, on an annual and subject-
by-subject basis, when a child's significant
cognitive disability justifies assessment based
on alternate academic achievement standards;
``(ii) ensure that parents of the students
whom the State plans to assess using alternate
assessments--
``(I) are involved in the decision
that their child's academic achievement
will be measured against alternate
academic achievement standards,
consistent with section
614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities Education
Act;
``(II) provide informed consent
that their child's achievement will be
measured against alternate academic
achievement standards using such
assessment; and
``(III) are informed of any effect
that participation in such assessment
may have on their child's academic
preparation and eligibility for a
regular secondary school diploma, as
determined by the State;
``(iii) provide evidence that students with
the most significant cognitive disabilities are
included in and making progress in the general
curriculum for the grade in which the students
are enrolled and in assessments aligned with
that curriculum, as described in section
601(c)(5)(A) of the Individuals with
Disabilities Education Act;
``(iv) develop, disseminate information
about, make available, and promote the use of
reasonable accommodations to increase the
number of students with the most significant
cognitive disabilities participating in grade-
level academic instruction and assessments
aligned with grade-level academic standards,
and promote the use of reasonable
accommodations to increase the number of
students with the most significant cognitive
disabilities who are tested against grade-level
academic achievement standards;
``(v) take steps to ensure general and
special education teachers and other
appropriate staff know how to administer
assessments, including how to make appropriate
use of accommodations, for students with
disabilities;
``(vi) require separate annual
determinations about whether a student should
be assessed using an alternate assessment based
on alternate academic achievement standards for
each subject assessed; and
``(vii) ensure that students who take an
alternate assessment based on alternate
academic achievement standards are not
precluded from attempting to complete the
requirements for a regular secondary school
diploma, as determined by the State.''; and
(B) in paragraph (2), by adding at the end the
following:
``(L) No inclusion of ieps.--A State shall not use
any student individualized education program, as
defined in section 602(14) of the Individuals with
Disabilities Education Act, in the State accountability
system.''; and
(2) in subsection (h)(1)(C)--
(A) in clause (i), by striking ``disability
status'' and inserting ``disability category described
in section 602(3) of the Individuals with Disabilities
Education Act'';
(B) in clause (vii), by striking ``and'' after the
semicolon;
(C) in clause (viii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(ix) the number and percentage of
students with disabilities who take an
alternate assessment based on alternate
achievement standards, by grade and subject,
and, for each grade and subject, by disability
category described in section 602(3) of the
Individuals with Disabilities Education Act,
except that disaggregation shall not be
required in a case in which the number of
students in a category is insufficient to yield
statistically reliable information or the
results would reveal personally identifiable
information about an individual student.''. | Empowering Parents and Students Through Information Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to require each state that elects to use alternate academic achievement standards for students that have the most significant cognitive disabilities to: establish and monitor the implementation of clear and appropriate guidelines for individualized education program (IEP) teams to apply in determining, on an annual and subject-by-subject basis, when a child's significant cognitive disability justifies assessment using alternate standards; ensure that the parents of students the state plans to assess using alternate assessments are involved in, and provide informed consent to, the decision to apply such alternate standards; provide evidence that students with the most significant cognitive disabilities are making progress in the general curriculum for the grade in which the students are enrolled and in assessments aligned with that curriculum; develop and promote the use of reasonable accommodations to increase the number of such students participating in grade-level academic instruction and assessments aligned with grade-level academic standards; promote the use of such accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; ensure that general and special education teachers and other appropriate staff know how to administer assessments for disabled students; require separate annual determinations about whether a student should be assessed using an alternate assessment based on alternate academic achievement standards for each subject assessed; and ensure that students who take such alternate assessments are not precluded from attempting to complete the state requirements for a regular secondary school diploma. Prohibits states from using any student's IEP in the state accountability system. Requires states' annual report cards to: (1) include the number and percentage of disabled students who take the alternate assessments; and (2) break that information down by grade and subject matter and by the disability categories described in the Individuals with Disabilities Education Act. | {"src": "billsum_train", "title": "Empowering Parents and Students Through Information Act"} | 1,056 | 393 | 0.720678 | 2.100181 | 0.927358 | 4.271233 | 2.682192 | 0.939726 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Work Force Stability
and Protection Act''.
SEC. 2. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS.
Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and
Nationality Act is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) In considering an employer's petition for admission
of H-2A aliens, the Attorney General shall consider the
certification decision of the Secretary of Labor and shall
consider any countervailing evidence submitted by the employer
with respect to the nonavailability of United States workers
and the employer's compliance with the requirements of this
section, and may consult with the Secretary of Agriculture.''.
SEC. 3. CONDITION FOR DENIAL OF LABOR CERTIFICATION.
Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and
Nationality Act is amended to read as follows:
``(4) Determination by the secretary.--The Secretary
determines that the employer has not filed a job offer for the
position to be filled by the alien with the appropriate local
office of the State employment security agency having
jurisdiction over the area of intended employment, or with the
State office of such an agency if the alien will be employed in
an area within the jurisdiction of more than one local office
of such an agency, which meets the criteria of paragraph (5).
``(5) Required terms and conditions of employment.--The
Secretary determines that the employer's job offer does not
meet one or more of the following criteria:
``(A) Required rate of pay.--The employer has
offered to pay H-2A aliens and all other workers in the
occupation in the area of intended employment an
adverse effect wage rate of not less than the median
rate of pay for similarly employed workers in the area
of intended employment.
``(B) Provision of housing.--
``(i) In general.--The employer has offered
to provide housing to H-2A aliens and those
workers not reasonably able to return to their
residence within the same day, without charge
to the worker. The employer may, at the
employer's option, provide housing meeting
applicable Federal standards for temporary
labor camps, or provide rental or public
accommodation type housing which meets
applicable local or state standards for such
housing.
``(ii) Housing allowance as alternative.--
In lieu of offering the housing required in
clause (i), the employer may provide a
reasonable housing allowance to workers not
reasonably able to return to their place of
residence within the same day, but only if the
Secretary determines that housing is reasonably
available within the approximate area of
employment. An employer who offers a housing
allowance pursuant to this subparagraph shall
not be deemed to be a housing provider under
section 203 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C.
1823) merely by virtue of providing such
housing allowance.
``(iii) Special housing standards for short
duration employment.-- The Secretary shall
promulgate special regulations permitting the
provision of short-term temporary housing for
workers employed in occupations in which
employment is expected to last 40 days or less.
``(iv) Transitional period for provision of
special housing standards in other
employment.--For a period of five years after
the date of enactment of this section, the
Secretary shall approve the provision of
housing meeting the standards described in
clause (iii) in occupations expected to last longer than 40 days in
areas where available housing meeting the criteria described in
subparagraph (i) is found to be insufficient.
``(v) Preemption of state and local
standards.--The standards described in clauses
(ii) and (iii) shall preempt any State and
local standards governing the provision of
temporary housing to agricultural workers.
``(C) Reimbursement of transportation costs.--The
employer has offered to reimburse H-2A aliens and
workers recruited from beyond normal commuting distance
the most economical common carrier transportation
charge and reasonable subsistence from the place from
which the worker comes to work for the employer, (but
not more than the most economical common carrier
transportation charge from the worker's normal place of
residence) if the worker completes 50 percent of the
anticipated period of employment. If the worker
recruited from beyond normal commuting distance
completes the period of employment, the employer will
provide or pay for the worker's transportation and
reasonable subsistence to the worker's next place of
employment, or to the worker's normal place of
residence, whichever is less.
``(D) Guarantee of employment.--The employer has
offered to guarantee the worker employment for at least
three-fourths of the workdays of the employer's actual
period of employment in the occupation. Workers who
abandon their employment or are terminated for cause
shall forfeit this guarantee.
``(6) Preference for united states workers.--The employer
has not assured on the application that the employer will
provide employment to all qualified United States workers who
apply to the employer and assure that they will be available at
the time and place needed until the time the employer's foreign
workers depart for the employer's place of employment (but not
sooner than 5 days before the date workers are needed), and
will give preference in employment to United States workers who
are immediately available to fill job opportunities that become
available after the date work in the occupation begins.''.
SEC. 4. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR
CERTIFICATIONS.
Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and
Nationality Act is amended to read as follows:
``(c) Special Rules Applicable to the Issuance of Labor
Certifications.--The following rules shall apply to the issuance of
labor certifications by the Secretary under this section:
``(1) Deadline for filing applications.--The Secretary may
not require that the application be filed more than 40 days
before the first date the employer requires the labor or
services of the H-2A worker.
``(2) Notice within seven days of deficiencies.--
``(A) The employer shall be notified in writing
within seven calendar days of the date of filing, if
the application does not meet the criteria described in
subsection (b) for approval.
``(B) If the application does not meet such
criteria, the notice shall specify the specific
deficiencies of the application and the Secretary shall
provide an opportunity for the prompt resubmission of a
modified application.
``(3) Issuance of certification.--
``(A) The Secretary shall provide to the employer,
not later than 20 days before the date such labor or
services are first required to be performed, the
certification described in subsection (a)(1)--
``(i) with respect to paragraph (a)(1)(A)
if the employer's application meets the
criteria described in subsection (b), or a
statement of the specific reasons why such
certification cannot be made, and
``(ii) with respect to subsection
(a)(1)(B), to the extent that the employer does
not actually have, or has not been provided
with the names, addresses and Social Security
numbers of workers referred to the employer who
are able, willing and qualified and have
indicated they will be available at the time
and place needed to perform such labor or
services on the terms and conditions of the job
offer approved by the Secretary. For each
worker referred, the Secretary shall also
provide the employer with information
sufficient to permit the employer to
contact the referred worker for the purpose of reconfirming the
worker's availability for work at the time and place needed.
``(B) If, at the time the Secretary determines that
the employer's job offer meets the criteria described
in subsection (b) there are already unfilled job
opportunities in the occupation and area of intended
employment for which the employer is seeking workers,
the Secretary shall provide the certification at the
same time the Secretary approves the employer's job
offer.''.
SEC. 5. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS.
Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality
Act is amended to read as follows:
``(e) Expedited Appeals of Certain Determinations.--The Secretary
shall provide by regulation for an expedited procedure for the review
of the nonapproval of an employer's job offer pursuant to subsection
(c)(2) and of the denial of certification in whole or in part pursuant
to subsection (c)(3) or, at the applicant's request, a de novo
administrative hearing respecting the nonapproval or denial.''.
SEC. 6. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended--
(1) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(2) by adding the following after subsection (e):
``(f) Procedures for the Consideration of H-2A Petitions.--The
following procedures shall apply to the consideration of petitions by
the Attorney General under this section:
``(1) Expedited processing of petitions.--The Attorney
General shall provide an expedited procedure for the
adjudication of petitions filed under this section, and the
notification of visa-issuing consulates where aliens seeking
admission under this section will apply for visas and/or ports
of entry where aliens will seek admission under this section
within 15 calendar days from the date such petition is filed by
the employer.
``(2) Expedited amendments to petitions.--The Attorney
General shall provide an expedited procedure for the amendment
of petitions to increase the number of workers on or after five
days before the employers date of need for the labor or
services involved in the petition to replace referred workers
whose continued availability for work at the time and place
needed under the terms of the approved job offer can not be
confirmed and to replace referred workers who fail to report
for work on the date of need and replace referred workers who
abandon their employment or are terminated for cause, and for
which replacement workers are not immediately available
pursuant to subsection (b)(6).''.
SEC. 7. LIMITATION ON EMPLOYER LIABILITY.
Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and
Nationality Act is amended--
(1) by redesignating paragraph (2) as paragraph (2)(A); and
(2) by inserting after paragraph (2)(A) the following:
``(B) No employer shall be subject to any liability or
punishment on the basis of an employment action or practice by
such employer that conforms with the terms and conditions of a
job offer approved by the Secretary pursuant to this section,
unless and until the employer has been notified that such
certification has been amended or invalidated by a final order
of the Secretary or of a court of competent jurisdiction.''.
SEC. 8. LIMITATION ON JUDICIAL REMEDIES.
Section 218(h) of the Immigration and Nationality Act (8 U.S.C.
1188(h)) is amended by adding at the end thereof the following:
``(3) No court of the United States shall have jurisdiction
to issue any restraining order or temporary or permanent
injunction preventing or delaying the issuance by the Secretary
of a certification pursuant to this section, or the approval by
the Attorney General of a petition to import an alien as an H-
2A worker, or the actual importation of any such alien as an H-
2A worker following such approval by the Attorney General.''. | Agricultural Work Force Stability and Protection Act - Amends the Immigration and Nationality Act with respect to the admission of temporary agricultural (H-2A visa) workers and related labor certification provisions. | {"src": "billsum_train", "title": "Agricultural Work Force Stability and Protection Act"} | 2,590 | 42 | 0.436926 | 1.025777 | 0.805523 | 2.484848 | 71.848485 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Diamond Trade Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Funds derived from the sale of rough diamonds are being
used by rebels and state actors to finance military activities,
overthrow legitimate governments, subvert international efforts
to promote peace and stability, and commit horrifying
atrocities against unarmed civilians. During the past decade,
more than 6,500,000 people from Sierra Leone, Angola, and the
Democratic Republic of the Congo have been driven from their
homes by wars waged in large part for control of diamond mining
areas. A million of these are refugees eking out a miserable
existence in neighboring countries, and tens of thousands have
fled to the United States. Approximately 3,700,000 people have
died during these wars.
(2) The countries caught in this fighting are home to
nearly 70,000,000 people whose societies have been torn apart
not only by fighting but also by terrible human rights
violations.
(3) Human rights and humanitarian advocates, the diamond
trade as represented by the World Diamond Council, and the
United States Government have been working to block the trade
in conflict diamonds. Their efforts have helped to build a
consensus that action is urgently needed to end the trade in
conflict diamonds.
(4) The United Nations Security Council has acted at
various times under chapter VII of the Charter of the United
Nations to address threats to international peace and security
posed by conflicts linked to diamonds. Through these actions,
it has prohibited all states from exporting weapons to certain
countries affected by such conflicts. It has further required
all states to prohibit the direct and indirect import of rough
diamonds from Sierra Leone unless the diamonds are controlled
under specified certificate of origin regimes and to prohibit
absolutely the direct and indirect import of rough diamonds
from Liberia.
(5) In response, the United States implemented sanctions
restricting the importation of rough diamonds from Sierra Leone
to those diamonds accompanied by specified certificates of
origin and fully prohibiting the importation of rough diamonds
from Liberia. The United States is now taking further action
against trade in conflict diamonds.
(6) Without effective action to eliminate trade in conflict
diamonds, the trade in legitimate diamonds faces the threat of
a consumer backlash that could damage the economies of
countries not involved in the trade in conflict diamonds and
penalize members of the legitimate trade and the people they
employ. To prevent that, South Africa and more than 30 other
countries are involved in working, through the ``Kimberley
Process'', toward devising a solution to this problem. As the
consumer of a majority of the world's supply of diamonds, the
United States has an obligation to help sever the link between
diamonds and conflict and press for implementation of an
effective solution.
(7) Failure to curtail the trade in conflict diamonds or to
differentiate between the trade in conflict diamonds and the
trade in legitimate diamonds could have a severe negative
impact on the legitimate diamond trade in countries such as
Botswana, Namibia, South Africa, and Tanzania.
(8) Initiatives of the United States seek to resolve the
regional conflicts in sub-Saharan Africa which facilitate the
trade in conflict diamonds.
(9) The Interlaken Declaration on the Kimberley Process
Certification Scheme for Rough Diamonds of November 5, 2002,
states that Participants will ensure that measures taken to
implement the Kimberley Process Certification Scheme for Rough
Diamonds will be consistent with international trade rules.
SEC. 3. DEFINITIONS.
In this Act:
(1) Controlled through the kimberley process certification
scheme.--An importation or exportation of rough diamonds is
``controlled through the Kimberley Process Certification
Scheme'' if it is an importation from the territory of a
Participant or exportation to the territory of a Participant of
rough diamonds that is--
(A) carried out in accordance with the Kimberley
Process Certification Scheme, as set forth in
regulations promulgated by the President; or
(B) controlled under a system determined by the
President to meet substantially the standards,
practices, and procedures of the Kimberley Process
Certification Scheme.
(2) Exporting authority.--The term ``exporting authority''
means one or more entities designated by a Participant from
whose territory a shipment of rough diamonds is being exported
as having the authority to validate the Kimberley Process
Certificate.
(3) Importing authority.--The term ``importing authority''
means one or more entities designated by a Participant into
whose territory a shipment of rough diamonds is imported as
having the authority to enforce the laws and regulations of the
Participant regulating imports, including the verification of
the Kimberley Process Certificate accompanying the shipment.
(4) Kimberley process certificate.--The term ``Kimberley
Process Certificate'' means a forgery resistant document of a
Participant that demonstrates that an importation or
exportation of rough diamonds has been controlled through the
Kimberley Process Certification Scheme and contains the minimum
elements set forth in Annex I of the Kimberley Process
Certification Scheme.
(5) Kimberley process certification scheme.--The term
``Kimberley Process Certification Scheme'' means those
standards, practices, and procedures of the international
certification scheme for rough diamonds presented in the
document entitled ``Kimberley Process Certification Scheme''
referred to in the Interlaken Declaration on the Kimberley
Process Certification Scheme for Rough Diamonds of November 5,
2002.
(6) Participant.--The term ``Participant'' means a state,
customs territory, or regional economic integration
organization identified by the Secretary of State.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Rough diamond.--The term ``rough diamond'' means any
diamond that is unworked or simply sawn, cleaved, or bruted and
classifiable under subheading 7102.10, 7102.21, or 7102.31 of
the Harmonized Tariff Schedule of the United States.
(9) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
(10) United states person.--The term ``United States
person'' means--
(A) any United States citizen or any alien admitted
for permanent residence into the United States;
(B) any entity organized under the laws of the
United States or any jurisdiction within the United
States (including its foreign branches); and
(C) any person in the United States.
SEC. 4. MEASURES FOR THE IMPORTATION AND EXPORTATION OF ROUGH DIAMONDS.
(a) Prohibition.--The President shall prohibit the importation
into, or exportation from, the United States of any rough diamond, from
whatever source, that has not been controlled through the Kimberley
Process Certification Scheme.
(b) Waiver.--The President may waive the requirements set forth in
subsection (a) with respect to a particular country for periods of not
more than 1 year each, if, with respect to each such waiver--
(1) the President determines and reports to the Congress
that such country is taking effective steps to implement the
Kimberley Process Certification Scheme; or
(2) the President determines that the waiver is in the
national interests of the United States, and reports such
determination to the Congress, together with the reasons
therefor.
SEC. 5. REGULATORY AND OTHER AUTHORITY.
(a) In General.--The President is authorized to and shall as
necessary issue such proclamations, regulations, licenses, and orders,
and conduct such investigations, as may be necessary to carry out this
Act.
(b) Recordkeeping.--Any United States person seeking to export from
or import into the United States any rough diamonds shall keep a full
record of, in the form of reports or otherwise, complete information
relating to any act or transaction to which any prohibition imposed
under section 4(a) applies. The President may require such person to
furnish such information under oath, including the production of books
of account, records, contracts, letters, memoranda, or other papers, in
the custody or control of such person.
(c) Oversight.--The President shall require the appropriate
Government agency to conduct annual reviews of the standards,
practices, and procedures of any entity in the United States that
issues Kimberley Process Certificates for the exportation from the
United States of rough diamonds to determine whether such standards,
practices, and procedures are in accordance with the Kimberley Process
Certification Scheme. The President shall transmit to the Congress a
report on each annual review under this subsection.
SEC. 6. IMPORTING AND EXPORTING AUTHORITIES.
(a) In the United States.--For purposes of this Act--
(1) the importing authority shall be the United States
Bureau of Customs and Border Protection or, in the case of a
territory or possession of the United States with its own
customs administration, analagous officials; and
(2) the exporting authority shall be the Bureau of the
Census.
(b) Of Other Countries.--The Secretary of State shall publish in
the Federal Register a list of all Participants, and all exporting
authorities and importing authorities of Participants. The Secretary
shall update the list as necessary.
SEC. 7. STATEMENT OF POLICY.
The Congress supports the policy that the President take
appropriate steps to promote and facilitate the adoption by the
international community of the Kimberley Process Certification Scheme
implemented under this Act.
SEC. 8. ENFORCEMENT.
(a) In General.--Subject to subsection (b)--
(1) a civil penalty of not to exceed $10,000 may be imposed
on any person who violates, or attempts to violate, any
license, order, or regulation issued under this Act; and
(2) whoever willfully violates, or willfully attempts to
violate, any license, order, or regulation issued under this
Act shall, upon conviction, be fined not more than $50,000, or,
if a natural person, may be imprisoned for not more than 10
years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment, or both.
(b) Import Violations.--Those civil and criminal penalties,
including seizure and forfeiture, under the customs laws of the United
States that apply to goods imported in violation of such laws shall
apply with respect to rough diamonds imported in violation of this Act
or any regulation, license, or order issued under this Act.
SEC. 9. TECHNICAL ASSISTANCE.
The President may direct the appropriate agencies of the United
States Government to make available technical assistance to countries
seeking to implement the Kimberley Process Certification Scheme.
SEC. 10. SENSE OF CONGRESS.
(a) Ongoing Process.--It is the sense of the Congress that the
Kimberley Process Certification Scheme, officially launched on January
1, 2003, is an ongoing process. The President should work with
Participants to strengthen the Kimberley Process Certification Scheme
through the adoption of measures for the sharing of statistics on the
production of and trade in rough diamonds, and for monitoring the
effectiveness of the Kimberley Process Certification Scheme in stemming
trade in diamonds the importation or exportation of which is not
controlled through the Kimberley Process Certification Scheme.
(b) Statistics and Reporting.--It is the sense of the Congress that
under Annex III to the Kimberley Process Certification Scheme,
Participants recognized that reliable and comparable data on the
international trade in rough diamonds are an essential tool for the
effective implementation of the Kimberley Process Certification Scheme.
Therefore, the executive branch should continue to--
(1) keep and publish statistics on imports and exports of
rough diamonds under subheadings 7102.10.00, 7102.21, and
7102.31.00 of the Harmonized Tariff Schedule of the United
States;
(2) make these statistics available for analysis by
interested parties and by Participants; and
(3) take a leadership role in negotiating a standardized
methodology among Participants for reporting statistics on
imports and exports of rough diamonds.
SEC. 11. REPORTS.
(a) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act and every 12 months thereafter for such period as
this Act is in effect, the President shall transmit to the Congress a
report--
(1) describing actions taken by countries that have
exported rough diamonds to the United States during the
preceding 12-month period to control the exportation of the
diamonds through the Kimberley Process Certification Scheme;
and
(2) identifying each country that, during the preceding 12-
month period, exported rough diamonds to the United States and
was exporting rough diamonds not controlled through the
Kimberley Process Certification Scheme, if the failure to do so
has significantly increased the likelihood that those diamonds
not so controlled are being imported into the United States.
(b) Semiannual Reports.--For each country identified in subsection
(a)(2), the President, during such period as this Act is in effect,
shall, every 6 months after the initial report in which the country was
identified, transmit to the Congress a report that explains what
actions have been taken by the United States or such country since the
previous report to ensure that diamonds the exportation of which was
not controlled through the Kimberley Process Certification Scheme are
not being imported from that country into the United States. The
requirement to issue a semiannual report with respect to a country
under this subsection shall remain in effect until such time as the
country is controlling the importation and exportation of rough
diamonds through the Kimberley Process Certification Scheme.
SEC. 12. GAO REPORT.
Not later than 24 months after the effective date of this Act, the
Comptroller General of the United States shall transmit a report to the
Congress on the effectiveness of the provisions of this Act in
preventing the importation or exportation of rough diamonds that is
prohibited under section 4. The Comptroller General shall include in
the report any recommendations on any modifications to this Act that
may be necessary.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect on the date on which the President
certifies to the Congress that--
(1) an applicable waiver that has been granted by the World
Trade Organization is in effect; or
(2) an applicable decision in a resolution adopted by the
United Nations Security Council pursuant to Chapter VII of the
Charter of the United Nations is in effect.
This Act shall thereafter remain in effect during those periods in
which, as certified by the President to the Congress, an applicable
waiver or decision referred to in paragraph (1) or (2) is in effect. | Clean Diamond Trade Act - Directs the President to prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme (KPCS). Prescribes criteria for waiver of such prohibition. Directs the President to require the appropriate Government agency to conduct annual reviews of the standards, practices, and procedures of any entity in the United States that issues Kimberley Process Certificates for the exportation from the United States of rough diamonds to determine whether they accord with the KPCS.Makes the importing authority under this Act the U.S. Bureau of Customs and Border Protection (BCBP) and the exporting authority the Bureau of the Census. Declares that the Congress supports the trade policy that the President take appropriate steps to promote and facilitate the adoption of the KPCS by the international community. Sets forth civil and criminal penalties for violation of this Act. Authorizes the President to direct the appropriate Federal agencies to make available technical assistance, relating to compliance with U.S. trade laws, to countries seeking to implement the Kimberley Process Certification Scheme. Urges the President to work with Participants to strengthen the Kimberley Process Certification Scheme through the adoption of measures for: (1) sharing statistics on rough diamonds production and trade; and (2) monitoring the effectiveness of the KPCS in stemming trade in diamonds whose importation or exportation is not controlled through the KPCS. Urges the executive branch continue to: (1) keep and publish statistics on imports and exports of rough diamonds; (2) make them available for analysis by interested parties and by Participants; and (3) take a leadership role in negotiating a standardized methodology among Participants for reporting such statistics. | {"src": "billsum_train", "title": "To implement effective measures to stop trade in conflict diamonds, and for other purposes."} | 3,219 | 374 | 0.496416 | 1.744006 | 0.696829 | 5.542056 | 9.183801 | 0.937695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ALS Registry Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the receipt of
the report described in subsection (b)(2)(A), the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, may, if scientifically advisable--
``(A) develop a system to collect data on amyotrophic
lateral sclerosis (referred to in this section as `ALS') and
other motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS,
including information with respect to the incidence and
prevalence of the disease in the United States; and
``(B) establish a national registry for the collection and
storage of such data to develop a population-based registry of
cases in the United States of ALS and other motor neuron
disorders that can be confused with ALS, misdiagnosed as ALS,
and in some cases progress to ALS.
``(2) Purpose.--It is the purpose of the registry established
under paragraph (1)(B) to--
``(A) better describe the incidence and prevalence of ALS
in the United States;
``(B) examine appropriate factors, such as environmental
and occupational, that may be associated with the disease;
``(C) better outline key demographic factors (such as age,
race or ethnicity, gender, and family history of individuals
who are diagnosed with the disease) associated with the
disease;
``(D) better examine the connection between ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS; and
``(E) other matters as recommended by the Advisory
Committee established under subsection (b).
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 180 days after the date of
the enactment of this section, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
establish a committee to be known as the Advisory Committee on the
National ALS Registry (referred to in this section as the `Advisory
Committee'). The Advisory Committee shall be composed of not more
than 27 members to be appointed by the Secretary, acting through
the Centers for Disease Control and Prevention, of which--
``(A) two-thirds of such members shall represent
governmental agencies--
``(i) including at least one member representing--
``(I) the National Institutes of Health, to
include, upon the recommendation of the Director of the
National Institutes of Health, representatives from the
National Institute of Neurological Disorders and Stroke
and the National Institute of Environmental Health
Sciences;
``(II) the Department of Veterans Affairs;
``(III) the Agency for Toxic Substances and Disease
Registry; and
``(IV) the Centers for Disease Control and
Prevention; and
``(ii) of which at least one such member shall be a
clinician with expertise on ALS and related diseases, an
epidemiologist with experience in data registries, a
statistician, an ethicist, and a privacy expert (relating
to the privacy regulations under the Health Insurance
Portability and Accountability Act of 1996); and
``(B) one-third of such members shall be public members,
including at least one member representing--
``(i) national and voluntary health associations;
``(ii) patients with ALS or their family members;
``(iii) clinicians with expertise on ALS and related
diseases;
``(iv) epidemiologists with experience in data
registries;
``(v) geneticists or experts in genetics who have
experience with the genetics of ALS or other neurological
diseases and
``(vi) other individuals with an interest in developing
and maintaining the National ALS Registry.
``(2) Duties.--The Advisory Committee may review information
and make recommendations to the Secretary concerning--
``(A) the development and maintenance of the National ALS
Registry;
``(B) the type of information to be collected and stored in
the Registry;
``(C) the manner in which such data is to be collected;
``(D) the use and availability of such data including
guidelines for such use; and
``(E) the collection of information about diseases and
disorders that primarily affect motor neurons that are
considered essential to furthering the study and cure of ALS.
``(3) Report.--Not later than 270 days after the date on which
the Advisory Committee is established, the Advisory Committee may
submit a report to the Secretary concerning the review conducted
under paragraph (2) that contains the recommendations of the
Advisory Committee with respect to the results of such review.
``(c) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, and
enter into contracts and cooperative agreements with, public or private
nonprofit entities for the collection, analysis, and reporting of data
on ALS and other motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS after receiving
the report under subsection (b)(3).
``(d) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the National ALS Registry
under subsection (a), the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may--
``(A) identify, build upon, expand, and coordinate among
existing data and surveillance systems, surveys, registries,
and other Federal public health and environmental
infrastructure wherever possible, which may include--
``(i) any registry pilot projects previously supported
by the Centers for Disease Control and Prevention;
``(ii) the Department of Veterans Affairs ALS Registry;
``(iii) the DNA and Cell Line Repository of the
National Institute of Neurological Disorders and Stroke
Human Genetics Resource Center at the National Institutes
of Health;
``(iv) Agency for Toxic Substances and Disease Registry
studies, including studies conducted in Illinois, Missouri,
El Paso and San Antonio, Texas, and Massachusetts;
``(v) State-based ALS registries;
``(vi) the National Vital Statistics System; and
``(vii) any other existing or relevant databases that
collect or maintain information on those motor neuron
diseases recommended by the Advisory Committee established
in subsection (b); and
``(B) provide for research access to ALS data as
recommended by the Advisory Committee established in subsection
(b) to the extent permitted by applicable statutes and
regulations and in a manner that protects personal privacy
consistent with applicable privacy statutes and regulations.
``(C) Coordination with nih and department of veterans
affairs.--Consistent with applicable privacy statutes and
regulations, the Secretary may ensure that epidemiological and
other types of information obtained under subsection (a) is
made available to the National Institutes of Health and the
Department of Veterans Affairs.
``(e) Definition.--For the purposes of this section, the term
`national voluntary health association' means a national non-profit
organization with chapters or other affiliated organizations in States
throughout the United States with experience serving the population of
individuals with ALS and have demonstrated experience in ALS research,
care, and patient services.''.
SEC. 3. REPORT ON REGISTRIES.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services may submit to the
appropriate committees of Congress a report outlining--
(1) the registries currently under way;
(2) future planned registries;
(3) the criteria involved in determining what registries to
conduct, defer, or suspend; and
(4) the scope of those registries.
The report may also include a description of the activities the
Secretary undertakes to establish partnerships with research and
patient advocacy communities to expand registries.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | ALS Registry Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), if scientifically advisable, to: (1) develop a system to collect data on amyotrophic lateral sclerosis (ALS) and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, or progress to ALS; and (2) establish a national registry for the collection and storage of such data to develop a population-based registry of cases.
Authorizes the Secretary, acting through the Director, to establish the Advisory Committee on the National ALS Registry, which may review information and make recommendations to the Secretary concerning: (1) the development and maintenance of the registry; (2) the type of information to be included; (3) the manner in which data is to be collected; (4) the use and availability of such data; and (5) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS.
Allows the Secretary, acting through the Director, to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders.
Authorizes the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to ALS data as recommended by the Advisory Committee in a manner that protects personal privacy.
Allows the Secretary to ensure that epidemiological and other types of information is made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA).
(Sec. 3) Authorizes the Secretary to report to the appropriate congressional committees on ALS registries, including: (1) the registries currently under way and future planned registries; (2) the criteria involved in determining what registries to conduct, defer, or suspend; (3) the scope of those registries; and (4) the activities the Secretary undertakes to establish partnerships with research and patient advocacy communities to expand registries. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry."} | 1,872 | 496 | 0.695309 | 2.158368 | 0.906812 | 5.864035 | 3.828947 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Building Renewal and Energy
Savings Act of 2007''.
SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(f) Use of Energy and Water Efficiency Measures in Federal
Buildings.--
``(1) Energy and water evaluations.--Not later than 1 year
after the date of enactment of this subsection, and every 3
years thereafter, each Federal agency shall complete a
comprehensive energy and water evaluation for--
``(A) each building and other facility of the
Federal agency that is larger than a minimum size
established by the Secretary; and
``(B) any other building or other facility of the
Federal agency that meets any other criteria
established by the Secretary.
``(2) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and every 3 years
thereafter, each Federal agency--
``(i) shall fully implement each energy and
water-saving measure that the Federal agency
identified in the evaluation conducted under
paragraph (1) that has a 15-year simple payback
period; and
``(ii) may implement any energy or water-
saving measure that the Federal agency
identified in the evaluation conducted under
paragraph (1) that has longer than a 15-year
simple payback period.
``(B) Payback period.--
``(i) In general.--For the purpose of
subparagraph (A), a measure shall be considered
to have a 15-year simple payback if the
quotient obtained under clause (ii) is less
than or equal to 15.
``(ii) Quotient.--The quotient for a
measure shall be obtained by dividing--
``(I) the estimated initial
implementation cost of the measure
(other than financing costs); by
``(II) the annual cost savings from
the measure.
``(C) Cost savings.--For the purpose of
subparagraph (B), cost savings shall include net
savings in estimated--
``(i) energy and water costs;
``(ii) operations, maintenance, repair,
replacement, and other direct costs; and
``(iii) external environmental, health,
security, and other costs based on a cost
adder, as determined in accordance with the
guidelines issued by the Secretary under
paragraph (4).
``(D) Exceptions.--The Secretary may modify or make
exceptions to the calculation of a 15-year simple
payback under this paragraph in the guidelines issued
by the Secretary under paragraph (4).
``(3) Follow-up on implemented measures.--For each measure
implemented under paragraph (2), each Federal agency shall
carry out--
``(A) commissioning;
``(B) operations, maintenance, and repair; and
``(C) measurement and verification of energy and
water savings.
``(4) Guidelines.--
``(A) In general.--The Secretary shall issue
guidelines and necessary criteria that each Federal
agency shall follow for implementation of--
``(i) paragraph (1) not later than 90 days
after the date of enactment of this subsection;
and
``(ii) paragraphs (2) and (3) not later
than 180 days after the date of enactment of
this subsection.
``(B) Relationship to funding source.--The
guidelines issued by the Secretary under subparagraph
(A) shall be appropriate and uniform for measures
funded with each type of funding made available under
paragraph (8).
``(5) Web-based certification.--
``(A) In general.--For each building and other
facility that meets the criteria established by the
Secretary under paragraph (1), each Federal agency
shall use a web-based tracking system to certify
compliance with the requirements for--
``(i) energy and water evaluations under
paragraph (1);
``(ii) implementation of identified energy
and water measures under paragraph (2); and
``(iii) follow-up on implemented measures
under paragraph (3).
``(B) Deployment.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall deploy the web-based tracking system required
under this paragraph in a manner that tracks, at a
minimum--
``(i) the covered buildings and other
facilities;
``(ii) the status of evaluations;
``(iii) the identified measures, with
estimated costs and savings;
``(iv) the status of implementing the
measures;
``(v) the measured savings; and
``(vi) the persistence of savings.
``(C) Availability.--
``(i) In general.--Subject to clause (ii),
the Secretary shall make the web-based tracking
system required under this paragraph available
to Congress, other Federal agencies, and the
public through the Internet.
``(ii) Exemptions.--At the request of a
Federal agency, the Secretary may exempt
specific data for specific buildings from
disclosure under clause (i) for national
security purposes.
``(6) Benchmarking of federal facilities.--
``(A) In general.--Each Federal agency shall enter
energy use data for each building and other facility of
the Federal agency into a building energy use
benchmarking system, such as the Energy Star Portfolio
Manager.
``(B) System and guidance.--Not later than 1 year
after the date of enactment of this subsection, the
Secretary shall--
``(i) select or develop the building energy
use benchmarking system required under this
paragraph for each type of building; and
``(ii) issue guidance for use of the
system.
``(7) Federal agency scorecards.--
``(A) In general.--The Director of the Office of
Management and Budget shall issue quarterly scorecards
for energy management activities carried out by each
Federal agency that includes--
``(i) summaries of the status of--
``(I) energy and water evaluations
under paragraph (1);
``(II) implementation of identified
energy and water measures under
paragraph (2); and
``(III) follow-up on implemented
measures under paragraph (3); and
``(ii) any other means of measuring
performance that the Director considers
appropriate.
``(B) Availability.--The Director shall make the
scorecards required under this paragraph available to
Congress, other Federal agencies, and the public
through the Internet.
``(8) Funding.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection.
``(B) Funding options.--
``(i) In general.--To carry out paragraphs
(1) through (3), a Federal agency may use any
combination of--
``(I) appropriated funds made
available under subparagraph (A); and
``(II) private financing, including
financing available through energy
savings performance contracts or
utility energy savings contracts.
``(ii) Combined funding for same measure.--
A Federal agency may use any combination of
appropriated funds and private financing
described in clause (i) to carry out the same
measure under this subsection, with
proportional allocation for any energy and
water savings.
``(iii) Lack of appropriated funds.--Since
measures may be carried out using private
financing described in clause (i), a lack of
available appropriations shall not be
considered a sufficient reason for the failure
of a Federal agency to comply with paragraphs
(1) through (3).''.
SEC. 3. ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 801 of the National Energy Conservation Policy Act (42
U.S.C. 8287) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (D), by inserting ``beginning
on the date of the delivery order'' after ``25 years'';
and
(B) by adding at the end the following:
``(E) Promotion of contracts.--In carrying out this
section, a Federal agency shall not--
``(i) establish a Federal agency policy
that limits the maximum contract term under
subparagraph (D) to a period shorter than 25
years; or
``(ii) limit the total amount of
obligations under energy savings performance
contracts or other private financing of energy
savings measures.
``(F) Measurement and verification requirements for
private financing.--
``(i) In general.--The evaluations and
savings measurement and verification required
under paragraphs (1) and (3) of section 543(f)
shall be used by a Federal agency to meet the
requirements for--
``(I) in the case of energy savings
performance contracts, the need for
energy audits, calculation of energy
savings, and any other evaluation of
costs and savings needed to implement
the guarantee of savings under this
section; and
``(II) in the case of utility
energy service contracts, needs that
are similar to the purposes described
in subclause (I).
``(ii) Modification of existing
contracts.--Not later than 180 days after the
date of enactment of this subparagraph, each
Federal agency shall, to the maximum extent
practicable, modify any indefinite delivery and
indefinite quantity energy savings performance
contracts, and other indefinite delivery and
indefinite quantity contracts using private
financing, to conform to the amendments made by
the Federal Building Renewal and Energy Savings
Act of 2007.''; and
(2) by striking subsection (c); | Federal Building Renewal and Energy Savings Act of 2007 - Amends the National Energy Conservation Policy Act to require each federal agency to: (1) complete a comprehensive energy and water evaluation for each of its buildings and facilities meeting minimum size or other criteria established by the Secretary of Energy; and (2) implement each energy and water efficiency measure identified in such evaluation.
Requires a federal agency to: (1) use a web-based tracking system to certify compliance with this Act; and (2) enter energy use data for each of its facilities and buildings into a building energy use benchmarking system, such as the Energy Star Portfolio Manager.
Instructs the Director of the Office of Management and Budget to issue quarterly scorecards for energy management activities carried out by each federal agency.
Prohibits a federal agency from: (1) establishing a policy that limits the maximum term of an energy savings performance contract to a period shorter than 25 years; or (2) limiting the total amount of obligations under such contracts, or other private financing of, energy savings measures.
Repeals the termination date for authority to enter into new contracts (thus making such authority permanent). | {"src": "billsum_train", "title": "A bill to amend the National Energy Conservation Policy Act to promote the use of energy and water efficiency measures in Federal buildings, to promote energy savings performance contracts and utility energy service contracts, and for other purposes."} | 2,156 | 241 | 0.561994 | 1.561283 | 0.844108 | 3.400881 | 9.035242 | 0.9163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post Office Relocation Act of
1997''.
SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR
CONSOLIDATION OF POST OFFICES.
Section 404(b) of title 39, United States Code, is amended to read
as follows--
``(b)(1) The Postal Service, prior to making a determination under
subsection (a)(3) of this section as to the necessity for the
renovation, relocation, closing, or consolidation of any post office,
shall provide adequate notice of its intention to renovate, relocate,
close, or consolidate such post office at least 60 days prior to the
proposed date of such renovation, relocation, closing, or consolidation
to persons served by such post office.
``(2) Such notification shall be made in writing and shall be hand
delivered or delivered by mail to persons served by such post office,
and shall be published in one or more newspapers of general circulation
within the zip codes served by such post office. Such notification
shall include--
``(A) an identification of the renovation, relocation,
closing, or consolidation;
``(B) a summary of the reasons for the renovation,
relocation, closing, or consolidation; and
``(C) the proposed date for the renovation, relocation,
renovation, closing, or consolidation.
``(3) Any person served by the post office may offer an alternative
renovation, relocation, consolidation, or closing proposal within the
60 day notice period. The Postal Service shall deliver a response in
writing by hand delivery or certified mail to the person making the
proposal. In a case in which the Postal Service rejects a bona fide
proposal, the Postal Service shall state in writing the reasons for the
rejection.
``(4) At the end of the 60 day notice period, the Postal Service
shall make a determination under subsection (a)(3). Prior to making a
final determination, the Postal Service shall conduct a hearing, and
persons served by the post office may present oral or written testimony
with respect to the renovation, relocation, closing, or consolidation
of such post office. The Postal Service, in making a determination as
to whether or not to renovate, relocate, close, or consolidate a post
office shall consider--
``(A) the extent to which such post office is part of a
core downtown business area;
``(B) the effect of such renovation, relocation, closing,
or consolidation on the community served by such post office;
``(C) whether the community served by such post office
opposes a renovation, relocation, closing, or consolidation;
``(D) the effect of such renovation, relocation, closing,
or consolidation on employees of the Postal Service employed at
such office;
``(E) whether such renovation, relocation, closing, or
consolidation is consistent with the policy of the Government,
as stated in section 101(b) of this title, that the Postal
Service shall provide a maximum degree of effective and regular
postal services to rural areas, communities, and small towns
where post offices are not self sustaining;
``(F) the quantified long-term economic saving to the
Postal Service resulting from such renovation, relocation,
closing, or consolidation;
``(G) whether postal officials engaged in negotiations with
persons served by the post office concerning the proposed
renovation, relocation, closing, or consolidation;
``(H) whether management of the post office contributed to
a desire to relocate;
``(I) the adequacy of the existing post office, and whether
all reasonable alternatives have been explored; and
``(J) such other factors as the Postal Service determines
are necessary.
``(5) Any determination of the Postal Service to renovate,
relocate, close, or consolidate a post office shall be in writing and
shall include the findings of the Postal Service with respect to the
considerations required to be made under paragraph (4) of this
subsection. Such determination and findings shall be made available to
persons served by such post office.
``(6) The Postal Service shall take no action to renovate,
relocate, close, or consolidate a post office until 60 days after its
written determination is made available to persons served by such post
office.
``(7) A determination of the Postal Service to renovate, relocate,
close, or consolidate any post office may be appealed by any person
served by such post office to the Postal Rate Commission within 30 days
after such determination is made available to such person under
paragraph (5). The Commission shall review such determination on the
basis of the record before the Postal Service in the making of such
determination. The Commission shall make a determination based upon
such review no later than 120 days after receiving any appeal under
this paragraph. The commission shall set aside any determination,
findings, and conclusions found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(B) without observance of procedure required by law; or
``(C) unsupported by substantial evidence on the record.
The Commission may affirm the determination of the Postal Service or
order that the entire matter be returned for further consideration, but
the Commission may not modify the determination of the Postal Service.
The Commission may suspend the effectiveness of the determination of
the Postal Service until the final disposition of the appeal. The
provisions of section 556, section 557, and chapter 7 of title 5 shall
not apply to any review carried out by the Commission under this
paragraph.
``(8) In a case in which a community has procedures to address the
renovation, relocation, closing, or consolidation of buildings in the
community, and the public participation requirements of such procedures
are more stringent than those provided in this subsection, the Postal
Service shall follow such procedures and disregard the procedures
established in this subsection.
``(9) The Postal Service, in making a determination to renovate,
relocate, close, or consolidate any post office, shall comply with any
zoning, planning, or land use regulations, or building codes applicable
to State or local public entities, including the zoning authority, of
the local jurisdiction.''.
SEC. 3. POLICY STATEMENT.
Section 101(g) of title 39, United States Code, is amended by
adding at the end the following: ``The Postal Service shall also
consider the effect a new postal facility may have on the community
served by the prior facility.''. | Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office.
Sets forth provisions which: (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony.
Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office.
Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act.
Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction.
Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community. | {"src": "billsum_train", "title": "Post Office Relocation Act of 1997"} | 1,391 | 391 | 0.752923 | 2.191816 | 0.754624 | 5.162602 | 3.747967 | 0.929539 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Wage Worker Pay Fairness Act
of 2001''.
SEC. 2. WAGE AREAS TO BE CONFORMED TO PAY LOCALITIES.
Paragraph (1) of section 5343(a) of title 5, United States Code, is
amended to read as follows:
``(1) the Office of Personnel Management shall define the
boundaries of local wage areas for prevailing rate employees so
as to be the same as the boundaries of the respective pay
localities under section 5304(f) (including as from time to
time modified), subject to such exceptions as the Office, with
the approval of the Federal Salary Council (described in
section 5304(e)), may find to be necessary;''.
SEC. 3. AGENCY RESPONSIBLE FOR CONDUCTING WAGE RATE SURVEYS.
Paragraph (3) of section 5343(a) of title 5, United States Code, is
amended to read as follows:
``(3) subject to paragraph (5), and subsections (c)(1)-(3)
and (d)--
``(A) wage surveys under this section shall be
conducted by the same agency as is responsible under
section 5304(d)(1)(A) for conducting surveys of pay
localities; and
``(B) the lead agency for a local wage area shall,
for purposes of the prevailing rate employees in that
area, analyze wage survey data, and develop and
establish appropriate wage schedules and rates;''.
SEC. 4. ANNUAL MINIMUM ADJUSTMENT.
(a) In General.--Subsection (b) of section 5343 of title 5, United
States Code, is amended by striking ``(b)'' and inserting ``(b)(1)'',
and by adding at the end the following:
``(2)(A) Effective as of the first day of the first applicable pay
period beginning on or after January 1 of each year, the rates of pay
for the regular and special wage schedules shall be adjusted (by the
lead agency or by the Office of Personnel Management, as appropriate)
by the percentage equal to the overall average percentage adjustment
taking effect on that same date, with respect to General Schedule
positions within the pay locality corresponding (or, if none
corresponds exactly, the pay locality most nearly corresponding, as
determined by such agency or Office) to the local wage area involved,
under sections 5303 and 5304-5304a.
``(B) Nothing in this paragraph shall prevent any adjustment in
wage schedules from taking effect in a year, under any other provisions
of this section (based on a wage survey or interim survey), to the
extent that the adjustment taking effect under subparagraph (A) in such
year does not, with respect to the local wage area involved, fully
provide for the adjustment required under those other provisions with
respect to such year.
``(C) No provision of law enacted after the date of the enactment
of the Federal Wage Worker Pay Fairness Act of 2001 may be held to
supersede, repeal, or modify this paragraph, except to the extent that
it does so expressly.''.
(b) Technical and Conforming Amendments.--(1) The first sentence of
section 5343(a) of title 5, United States Code, is amended by striking
``rates.'' and inserting ``rates, subject to succeeding provisions of
this section.''.
(2) Section 5348 of title 5, United States Code, is amended by
adding at the end the following:
``(c) No provision of law enacted after the date of the enactment
of the Federal Wage Worker Pay Fairness Act of 2001 may be held to
supersede, repeal, or modify this section, except to the extent that it
does so expressly.''.
SEC. 5. RESTORATION OF ``MONRONEY AMENDMENT'' PROTECTIONS.
(a) In General.--Paragraph (2) of section 5343(d) of title 5,
United States Code, is amended to read as follows:
``(2) When the agency specified in subsection (a)(3)(A) determines
that there is a number of comparable positions in private industry
insufficient to establish the wage schedules and rates, such agency
shall establish the wage schedules and rates to be applicable to
prevailing rate employees on the basis of--
``(A) local private industry rates; and
``(B) rates paid for comparable positions in private
industry in the nearest wage area that such agency determines
is most similar in the nature of its population, employment,
manpower, and industry to the local wage area for which the
wage survey is being made.''.
(b) Conforming Amendment.--Section 5343(d)(1) of title 5, United
States Code, is amended by striking ``A lead agency, in making a wage
survey,'' and inserting ``In making a wage survey, the agency specified
in subsection (a)(3)(A)''.
SEC. 6. PAY LOCALITY DEFINED.
Section 5342(a) of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``; and'', and by adding at the
end the following:
``(4) `pay locality' has the meaning given that term by
section 5302.''.
SEC. 7. CONVERSION RULES.
Rates of pay for employees subject to subchapter IV of chapter 53
of title 5, United States Code, shall be initially adjusted, following
the enactment of this Act, under conversion rules prescribed by the
Office of Personnel Management in consultation with the Federal Salary
Council (described in section 5304(e) of title 5, United States Code).
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on October 1, 2001.
(b) Reporting Requirements.--The Federal Prevailing Rate Advisory
Committee (described in section 5347 of title 5, United States Code)
shall submit to Congress a written report--
(1) within 90 days after the date of the enactment of this
Act, describing any transfer of functions or duties, and any
administrative actions, that will be required in order to
implement this Act; and
(2) within 180 days after the date of the enactment of this
Act, describing--
(A) the extent to which the transfers and actions
described under paragraph (1) have occurred; and
(B) to the extent that there remain any transfers
or actions (described under paragraph (1)) that have
not yet occurred, the anticipated timetable for their
completion. | Federal Wage Worker Pay Fairness Act of 2001 - Requires the Office of Personnel Management to define the boundaries of local wage areas for prevailing rate employees so as to be the same as the boundaries of the respective pay localities, subject to such exceptions as the Office, with the approval of the Federal Salary Council, may find to be necessary.Requires that wage surveys be conducted by the Bureau of Labor Statistics (BLS) responsible for conducting surveys of pay localities. (Currently, such wage surveys are conducted by the lead agency for each local wage area.)Requires annual adjustment of the rates of pay for the regular and special wage schedules by the lead agencies or the Office, as appropriate, by the percentage equal to the overall average percentage adjustment taking effect with respect to General Schedule positions.Requires the BLS (currently, the lead agency of the local wage area involved) to establish the wage schedules and rates to be applicable to prevailing rate employees in that area when there are a number of comparable positions in private industry insufficient to establish such wage schedules and rates. | {"src": "billsum_train", "title": "To amend subchapter IV of chapter 53 of title 5, United States Code, relating to prevailing rate systems for Federal employees."} | 1,490 | 237 | 0.711489 | 2.066692 | 0.805264 | 5.168317 | 6.772277 | 0.930693 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Protecting Seniors
from Health Care Fraud Act of 2013''.
(b) Findings.--Congress finds the following:
(1) Seniors are more vulnerable to fraud than the general
population.
(2) Because seniors require more health care services than
the general population, they need more information on health
care schemes so they can protect themselves.
(3) The Department of Health and Human Services should
provide more up-to-date information in order to educate seniors
on health care scams.
SEC. 2. DISTRIBUTION OF ADDITIONAL INFORMATION TO SENIORS TO PREVENT
HEALTH CARE FRAUD.
Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is
amended by adding at the end the following new subsection:
``(d) Distribution of Additional Information on Health Care
Fraud.--
``(1) Annual reports on health care fraud schemes.--
``(A) In general.--In connection with the Health
Care Fraud and Abuse Control Program established under
section 1128C, the Secretary, acting through the Office
of the Inspector General of the Department of Health
and Human Services, and the Attorney General, shall
transmit to Congress, and make available to the public,
an annual report on health care fraud schemes that are
targeted to seniors and steps that are being taken to
combat such schemes and to educate seniors concerning
such schemes. The first such report shall be
transmitted and made available not later than 2 years
after the date of the enactment of this subsection.
``(B) Contents of reports.--
``(i) In general.--Subject to clause (ii),
each annual report under subparagraph (A) shall
include the following information:
``(I) Identification of most
prevalent fraud schemes.--The
identification of the 10 most prevalent
health care fraud schemes that are
targeted to seniors and the prevalence
and trends in such schemes.
``(II) Protection of seniors.--
Actions that seniors and law
enforcement and government agencies are
taking and can take to combat such
schemes and to protect seniors against
health care fraud schemes.
``(III) Additional suggestions.--
Policy suggestions to improve
protections for seniors, including
whether the additional information
provided under this subsection is
helping seniors in protecting them
against fraud.
``(ii) Limitations.--The Secretary may--
``(I) omit information from an
annual report on fraud schemes
targeting seniors if public disclosure
of the information would compromise an
ongoing investigation; and
``(II) report information on fraud
schemes by categories in an annual
report if a more detailed disclosure of
such a scheme would educate criminals
rather than seniors.
``(iii) Private-public partnership.--The
Secretary, acting through the Office of the
Inspector General of the Department of Health
and Human Services and the Attorney General,
may enter into an arrangement between public
and private partners to develop the report that
identifies the top 10 most prevalent health
care fraud schemes and the associated report
information.
``(C) Quarterly updating.--The information
described in clauses (i) and (ii) of subparagraph (B)
shall be updated quarterly to reflect changes in fraud
schemes and methods to combat and educate seniors
concerning such schemes.
``(D) Languages.--Such reports, as updated, shall
be available in English and Spanish.
``(2) Dissemination of reports and top 10 list.--
``(A) In general.--The Secretary shall--
``(i) disseminate the reports under
paragraph (1) to Medicare beneficiaries through
mechanisms that reach the most Medicare
beneficiaries; and
``(ii) provide for the mailing to each
Medicare beneficiary of a list of the top 10
most prevalent health care fraud schemes.
``(B) Quarterly updates of top 10 list included
with medicare summary notices.--The Secretary shall
include an updated list of the top 10 most prevalent
health care fraud schemes under paragraph (1)(C) with
the quarterly Medicare summary notices mailed to
Medicare beneficiaries.
``(C) Posting of reports and quarterly updates on
websites.--The annual reports, and quarterly updates,
under this subsection shall be posted on the website of
the Health Care Fraud and Abuse Control Program and on
other websites maintained or supported by the Secretary
relating to the Medicare program, the State Health
Insurance Assistance Program, and Senior Medicare
Patrol of the Administration on Aging.
``(3) Sources of information for reports.--Information for
the reports and updates under paragraph (1) shall be gathered
from at least the following sources:
``(A) Department of health and human services.--The
following sources within the Department of Health and
Human Services:
``(i) Medicare hotlines, including 1-800-
MEDICARE, 1-800-HHSTIPS, and Medicare fraud
toll-free hotlines and websites (such as
www.stopmedicarefraud.gov) established by the
Office of the Inspector General of the
Department of Health and Human Services and the
Centers for Medicare & Medicaid Services.
``(ii) State Health Insurance Assistance
Programs (SHIPs).
``(iii) The Administration on Community
Living, including--
``(I) the Senior Medicare Patrol
(SMP) of the Administration on Aging;
and
``(II) Aging and Disability
Resource Centers.
``(iv) Medicare administrative contractors,
fiscal intermediaries, and other contractors
with the Centers for Medicare & Medicaid
Services performing functions which may relate
to fraud and abuse under the Medicare program.
``(v) The Indian Health Service.
``(B) Department of justice.--The Department of
Justice, including the Federal Bureau of Investigation.
``(C) SSA.--The Social Security Administration.
``(D) FTC.--The Federal Trade Commission.
``(E) Optional additional sources.--At the option
of the Secretary--
``(i) State agencies that deal with elder
abuse; and
``(ii) other governmental and
nongovernmental entities with expertise in the
protection of seniors from health care fraud as
deemed appropriate.''. | Protecting Seniors from Health Care Fraud Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General, and the Attorney General to report annually to Congress and the public on health care fraud schemes targeted to seniors and steps being taken to combat such schemes and to educate seniors about them. Directs the Secretary to: (1) disseminate such reports through mechanisms that reach the most Medicare beneficiaries, and (2) mail to each Medicare beneficiary a list of the top 10 most prevalent health care fraud schemes. | {"src": "billsum_train", "title": "Protecting Seniors from Health Care Fraud Act of 2013"} | 1,347 | 137 | 0.651416 | 1.758719 | 0.749003 | 3.617886 | 10.317073 | 0.918699 |
SECTION 1. CONSERVATION FLEX PROGRAM OPTION.
(a) Establishment of Program.--The Agricultural Act of 1949 is
amended by inserting after section 115 (7 U.S.C. 1445k) the following
new section:
``SEC. 116. CONSERVATION FLEX PROGRAM OPTION.
``(a) Establishment.--The Secretary shall establish a voluntary
conservation flex program option to assist producers of agricultural
commodities in adopting integrated, site-specific farm management plans
through the reduction of farm program barriers to resource stewardship
practices and systems.
``(b) Definitions.--For the purposes of this section:
``(1) The term `program' means the conservation flex
program option established under this section.
``(2) The term `plan' means a site-specific farm management
plan prepared by the producer and approved by the Secretary.
``(3) The term `alternative crops' means experimental and
industrial crops which conserve soil and water.
``(4) The term `breeding cattle' means bulls, dams, and
heifers held solely for the production of calves, but shall not
include weaned calves being grown for slaughter or dairy
cattle.
``(5) The term `legume' means any legume, including
alfalfa, clover, lentils, lupine, medic, peas, soybeans, and
vetch grown for use as a forage, green manure, or biomass
feedstock, but not including any pulse crop from which the
seeds are harvested and sold for purposes other than use as
seed for planting.
``(6) The term `resource-conserving crop' means legumes,
grasses, brassica cover crops and forages, alternative crops,
any interseeded or relay-planted combination of such crops, any
interseeded or relay-planted combination of such crops and
small grains, and such other crops as the Secretary may
designate.
``(7) The term `resource-conserving crop rotation' means a
crop rotation which includes at least one resource-conserving
crop and that reduces erosion, maintains or improves soil
fertility, tilth and structure, interrupts pest cycles, or
conserves water.
``(8) The term `rotational grazing' means planting forage,
dividing pastures into paddocks, and using grazing rotations to
increase forage quality and production, improve vegetative
cover, and reduce sediment and nutrient runoff.
``(9) The term `small grains' means any small grain,
including barley, buckwheat, oats, rye, spelt, and triticale,
but not including wheat, except for wheat grown for nonhuman
consumption.
``(10) The term `special conservation practices' means
field borders, contour grass strips, grass waterways, filter
strips, grass windbreaks, buffer areas, wildlife habitat
plantings, habitat plantings for beneficial organisms that aid
in the control of pests, and such other practices as the
Secretary may designate.
``(c) Eligible Producers.--To be eligible to participate in the
program, a producer must prepare and submit to the Secretary for
approval a site-specific farm management plan, which may at the
producer's option be integrated with any conservation plan developed
pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C.
3812) and any other conservation or natural resource plan required for
producer participation in any program within the jurisdiction of the
Secretary.
``(d) Agreements.--Upon the approval of a plan submitted by a
producer under subsection (c), the Secretary shall enter into an
agreement with the producer that specifies the crop acreage bases being
enrolled in the program. The agreement shall be for a period of not
less than one year, nor more than seven years, as determined by the
producer. The agreement may be renewed upon the mutual agreement of the
Secretary and the producer.
``(e) Producer Responsibilities Under Agreement.--Under the terms
of an agreement entered into under subsection (d), a producer shall
agree--
``(1) to actively comply with the terms and conditions of
the applicable plan, as approved by the Secretary;
``(2) to devote to a resource-conserving crop--
``(A) not less than 15 percent of the crop acreage
bases of the producer enrolled under such program; or
``(B) not less than 15 percent of the producer's
total crop acres, if the sum of resource-conserving
crop acres on non-base acres and total crop acreage
bases on the farm does not exceed the county average
base-to-cropland ratio; and
``(3) to keep such records as the Secretary may reasonably
require for purposes of program evaluation.
``(f) Requirements of the Plan.--To be approved by the Secretary, a
plan submitted by a producer must--
``(1) specify the crop acreage bases the producer chooses
to enroll in the program;
``(2) describe the resource-conserving crop rotation,
special conservation practices, rotational grazing, or biomass
production operations and practices to be implemented and
maintained on such acreage during the agreement period which
fulfill the purposes of the program;
``(3) contain a schedule for the implementation,
improvement and maintenance of the resource-conserving crop
rotation, special conservation practices, rotational grazing,
or biomass operations and practices described in the plan; and
``(4) contain such other terms as the Secretary may
require.
``(g) Program Administration, Certification, and Termination.--
``(1) Program administration, technical assistance, and
flexibility.--
``(A) Administration.--The program shall be
administered by the Secretary.
``(B) Technical assistance.--In administering the
program, the Secretary, in consultation with the local
conservation districts and any State or local
authorities deemed appropriate by the Secretary, shall
provide technical assistance to a producer in
developing and implementing a plan, evaluating the
effectiveness of a plan, and assessing the costs and
benefits of farming operations and practices. If
requested by a producer, the Secretary shall provide
technical assistance to help the producer comply with
Federal, State, and local requirements designed to
protect soil, wetlands, wildlife habitat, the quality
of ground water and surface water, or other natural
resources.
``(C) Flexibility.--In administering the program,
the Secretary shall provide sufficient flexibility for
a producer to revise the producer's plan to respond to
changes in market conditions, weather, or technology or
to adjust and modify the farming operation, except that
such revisions must be consistent with the purposes of
the program and approved by the Secretary.
``(2) Certification.--The Secretary shall certify producer
compliance with the terms and conditions of the plan.
``(3) Termination.--The Secretary may terminate an
agreement entered into with a producer under this program if--
``(A) the producer agrees to such termination; or
``(B) the producer violates the terms and
conditions of such agreement.
``(h) Program Rules.--
``(1) Base and yield protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce crop acreage
bases or farm program payment yields as a result of the
planting of a resource-conserving crop.
``(2) Payment acres.--Notwithstanding any other provision
of law, the Secretary shall not reduce any farm program loans,
payments, or benefits of a program participant as a result of
the planting of a resource-conserving crop.
``(3) Payment rate.--Notwithstanding any other provision of
law, the Secretary shall provide deficiency payments on
resource-conserving crop acreage eligible for payments at a
rate not less than the projected deficiency payment rate, as
determined and announced each year by the Secretary prior to
the period during which producers may agree to participate in
the program.
``(4) Payment acre protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce the payment
acres or the established price for a program participant who
has entered into an agreement with the Secretary for a fixed
period of time.
``(5) Resource-conserving crops on normal flex acreage.--
Acreage devoted to resource-conserving crops under this program
may, at the discretion of the producer, be designated as normal
flex acreage.
``(6) Adjustments in production adjustment requirements.--
Notwithstanding any other provision of law, the Secretary shall
make fair and equitable adjustments in acreage limitation
requirements applicable to a producer participating in the
program giving due consideration to crop rotation, special
conservation practices, rotational grazing, biomass production,
and other appropriate factors resulting from the implementation
of a plan. If the Secretary determines that the reduction in
program crop production on a participating farm referred to in
the preceding sentence will equal or exceed any reduction in
crop production which, in the absence of participation in the
program, would occur as a result of acreage limitation
requirements, the Secretary shall waive such acreage limitation
requirements for the farm. If the resource conserving crop
includes a farm program feed grain crop planted on the base
acres of another farm program feed grain crop, the Secretary
shall take into account the established or county average yield
of the two feed grains for the purposes of making the
adjustment or waiver.
``(7) Total base acreage flexibility.--Notwithstanding any
other provision of law, the Secretary shall allow participants
in this program to plant farm program crops and oilseeds in any
proportion on a producer's total acreage of farm program crop
base and historic oilseeds acreage without affecting farm
program payments.
``(8) Crop insurance.--Notwithstanding any other provision
of law, acreage devoted to resource-conserving crops under this
program shall be eligible for crop insurance pursuant to the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
``(9) Haying and grazing restriction.--
``(A) In general.--The Secretary shall not make any
farm program payments to a producer, who is otherwise
eligible to receive such payments, for acreage enrolled
in the program if the producer, during the consecutive
five month period in each State in which haying and
grazing of conserving use acres may be prohibited under
the provisions of this Act, grazes breeding cattle or
nursing calves or harvests and sells hay on payment
acres.
``(B) Transition option.--The restriction in
subparagraph (A) shall not apply in the case of a
producer who agrees to retire all base acreage enrolled
in the program at the end of the agreement period.
``(C) Emergency haying and grazing.--The Secretary
shall release acreage devoted to resource-conserving
crops for emergency haying and grazing as the result of
a natural disaster when the Secretary permits unlimited
haying and grazing on--
``(i) reduced acreage under this Act;
``(ii) acreage devoted to a conservation
use under this Act;
``(iii) acreage diverted from production
under a land diversion program established
under this Act; or
``(iv) acreage enrolled in the conservation
reserve program under the Food Security Act of
1985 (16 U.S.C. 3801 et seq.).''.
(b) Conforming Repeal.--Section 1451 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed. | Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing. | {"src": "billsum_train", "title": "To amend the Agricultural Act of 1949 to permit producers to adopt integrated, site-specific farm management plans that provide for resource-conserving crop rotation, special conservation practices, rotational grazing, and biomass production operations and practices."} | 2,581 | 60 | 0.600606 | 1.452898 | 1.090643 | 2.42 | 46.18 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf States Protection and
Restoration Coordination Act''.
SEC. 2. FINDINGS, SENSE OF CONGRESS, AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Gulf of Mexico is a valuable resource of national
and international importance, continuously serving the people
of the United States and other countries as an important source
of food, economic productivity, recreation, beauty, and
enjoyment.
(2) Over many years, the resource productivity and water
quality of the Gulf of Mexico and its watershed have been
diminished by point and nonpoint source pollution, increasing
population demands, economic development, and natural and man-
made hazard events.
(3) The protection of the Gulf of Mexico regional ecosystem
has been traditionally underserved and overlooked compared to
other great water bodies of the United States, even though the
region accounts for 17 percent of United States gross domestic
product and would rank as the 7th largest economy in the world.
(b) Sense of Congress.--It is the sense of Congress that the United
States should seek to attain coordination of the protection and
restoration efforts of the Gulf of Mexico in order to reduce
duplication of efforts and maximize efficiencies through a
collaborative regional effort by the Gulf of Mexico Alliance, in
consultation with Federal agencies and State and local authorities.
(c) Purposes.--The purposes of this Act are as follows:
(1) To expand and strengthen cooperative voluntary efforts
to protect and restore the Gulf of Mexico.
(2) To expand Federal support for monitoring, management,
and restoration activities in the Gulf of Mexico and its
watershed.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, the
Gulf of Mexico.
(4) To establish a Gulf of Mexico Alliance to coordinate
Federal and State authorities with other voluntary efforts for
the collaborative management of the large marine ecosystem,
thereby reducing duplication of efforts and maximizing
opportunities to leverage restoration support in the Gulf of
Mexico region.
SEC. 3. GULF STATES PROTECTION AND RESTORATION COORDINATION.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following:
``SEC. 120. GULF STATES PROTECTION AND RESTORATION COORDINATION.
``(a) Definitions.--In this section:
``(1) Alliance management team.--The term `Alliance
Management Team' means the governing body of the Gulf of Mexico
Alliance consisting of the designated voting members
representing the Governors of Alabama, Florida, Louisiana,
Mississippi, and Texas.
``(2) Gulf of mexico alliance.--The term `Gulf of Mexico
Alliance' means the formal collaborative organization of
Federal, State, local, and private participants established by
the 5 Gulf States in 2004 as a nonregulatory, inclusive network
of partners to provide a broad geographic focus on the primary
environmental issues affecting the Gulf of Mexico.
``(3) Gulf of mexico ecosystem.--The term `Gulf of Mexico
ecosystem' means the ecosystem of the Gulf of Mexico and its
watershed.
``(b) Authorization of Gulf of Mexico Alliance.--
``(1) Designation as a regional coordination partnership.--
The Gulf of Mexico Alliance is designated as a Regional
Coordination Partnership of the National Oceanic and
Atmospheric Administration of the Department of Commerce.
``(2) Requirements.--The Gulf of Mexico Alliance shall be--
``(A) headed by a Director who, by reason of
management experience and technical expertise relating
to the Gulf of Mexico, is highly qualified to direct
the development of plans and programs on a variety of
Gulf of Mexico issues, as determined by the Alliance
Management Team; and
``(B) located in a State all, or a portion of the
coastline, of which is on the Gulf of Mexico.
``(3) Functions.--The Gulf of Mexico Alliance shall--
``(A) promote coordination of the actions of State
agencies in the States that border the Gulf of Mexico
and other authorities with the actions of the
appropriate officials of the Federal agencies and State
and local authorities in the Gulf of Mexico region in
developing strategies--
``(i) to improve the water quality, protect
nonregulated living resources, increase
valuable habitats, and enhance coastal
resilience in the Gulf of Mexico ecosystem; and
``(ii) to obtain the support of appropriate
officials;
``(B) in cooperation with appropriate Federal,
State, and local authorities, develop and implement
specific action plans to carry out the Gulf of Mexico
Alliance regional protection and restoration
coordination goals;
``(C) coordinate and implement priority plans and
projects, and facilitate science, research, modeling,
monitoring, data collection, and other activities that
support the Gulf of Mexico Alliance's goals through the
provision of grants under subsection (c);
``(D) implement outreach programs for public
information, education, and participation to foster
stewardship of the resources of the Gulf of Mexico;
``(E) develop and make available, through
publications, technical assistance, and other
appropriate means, information pertaining to the
environmental quality and living resources of the Gulf
of Mexico ecosystem;
``(F) serve as the liaison with, and provide
information to, the Mexican members of the Gulf of
Mexico States Accord and Mexican counterparts; and
``(G) focus the efforts and resources of the Gulf
of Mexico Alliance on activities that will result in
measurable improvements to water quality and living
resources of the Gulf of Mexico ecosystem by
coordinating protection and restoration programs to
minimize duplication and maximize leveraging
opportunities.
``(c) Grants.--
``(1) In general.--The Gulf of Mexico Alliance may provide
grants to nonprofit organizations, State and local governments,
colleges, universities, interstate agencies, and individuals to
carry out this section for use in--
``(A) monitoring the water quality and living
resources of the Gulf of Mexico ecosystem;
``(B) researching the effects of natural and human-
induced environmental changes on the water quality and
living resources of the Gulf of Mexico ecosystem;
``(C) developing and executing cooperative
strategies that address the water quality and living
resource needs in the Gulf of Mexico ecosystem;
``(D) developing and implementing locally based
protection and restoration programs or projects within
a watershed that complement such strategies, including
the creation, restoration, protection, or enhancement
of habitat associated with the Gulf of Mexico
ecosystem; and
``(E) eliminating or reducing nonpoint sources that
discharge pollutants that contaminate the Gulf of
Mexico ecosystem, including activities to eliminate
leaking septic systems and construct connections to
local sewage systems.
``(2) Administrative costs.--Administrative costs in the
form of salaries, overhead, or indirect costs for services
provided and charged against programs or projects carried out
using funds made available through a grant under this
subsection shall not exceed 25 percent of the amount of the
grant.
``(d) Reports.--
``(1) Annual report.--Not later than December 30, 2016, and
annually thereafter, the Director of the Alliance shall submit
to the Administrator of the National Oceanic and Atmospheric
Administration and make available to the public a report that
describes--
``(A) each project and activity funded under this
section during the previous fiscal year;
``(B) the goals and objectives of those projects
and activities; and
``(C) the net benefits of projects and activities
funded under this section during previous fiscal years.
``(2) Assessment.--
``(A) In general.--Not later than April 30, 2019,
and every 3 years thereafter, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Alliance Management Team, shall
complete an assessment on the effectiveness of the Gulf
of Mexico Alliance's ability to coordinate regional
priorities and submit to Congress a comprehensive
report on such assessment.
``(B) Requirements.--The assessment and report
described in subparagraph (A) shall--
``(i) assess the overall status of
coordinated restoration and protection efforts
in the Gulf of Mexico ecosystem;
``(ii) assess the effectiveness of the Gulf
of Mexico Alliance management strategies being
implemented, and the extent to which the
priority needs of the region are being met
through that implementation; and
``(iii) make recommendations for the
improved coordination among the regulatory and
nonregulatory programs operating in the region,
including strengthening strategies being
implemented or adopting improved strategies.
``(e) Budget Item.--The Administrator of the National Oceanic and
Atmospheric Administration, in the annual submission to Congress of the
budget of the National Oceanic and Atmospheric Administration, shall
include a funding line item request for the Alliance as a separate
budget line item.
``(f) Limitation on Regulatory Authority.--Nothing in this section
establishes any new legal or regulatory authority of the National
Oceanic and Atmospheric Administration or the Gulf of Mexico Alliance,
itself, other than the authority to provide grants in accordance with
this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $5,000,000 for fiscal year 2017;
``(2) $5,100,000 for fiscal year 2018;
``(3) $5,202,000 for fiscal year 2019;
``(4) $5,306,040 for fiscal year 2020;
``(5) $5,412,160 for fiscal year 2021; and
``(6) $5,520,404 for fiscal year 2022.''. | Gulf States Protection and Restoration Coordination Act This bill amends the Coastal Zone Management Act to designate the Gulf of Mexico Alliance (GOMA) as a regional coordination entity of the National Oceanic and Atmospheric Administration (NOAA). The regional coordination would strengthen collaboration efforts among federal, state, local, and private participants in the five Gulf states (Alabama, Florida, Louisiana, Mississippi, and Texas) to restore and protect the Gulf of Mexico ecosystem. The designation authorizes the GOMA to: unify the efforts of participants to efficiently restore and protect the ecosystem, provide grants to implement specific action plans that meet coordination goals, improve water quality in the ecosystem, publish information about living coastal and marine resources in the ecosystem, develop public outreach programs that foster stewardship of the ecosystem, and serve as the liaison to the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts. Any grants issued by the GOMA for ecosystem research can be used to: monitor and develop strategies that address water quality needs, investigate the effects of natural and human-induced changes, restore and sustain living coastal and marine resources, restore and conserve key habitats, or eliminate contamination problems. In addition, the GOMA is required to submit to NOAA an annual report that describes the goals, objectives, and benefits of any efforts undertaken to strengthen cooperation among participants in restoring and protecting the Gulf of Mexico ecosystem. Furthermore, NOAA is required to submit to Congress an assessment, every three years, on the effectiveness of the GOMA's ability to coordinate regional restoration and protection efforts in the ecosystem. | {"src": "billsum_train", "title": "Gulf States Protection and Restoration Coordination Act"} | 2,088 | 334 | 0.600537 | 1.889944 | 0.704392 | 2.513158 | 6.605263 | 0.848684 |
SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Health Care Cost
Integrity and Fairness Act of 2004''.
(b) Constitutional Authority to Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to regulate commerce with foreign nations and among the
several States, set forth in article I, section 8 of the United States
Constitution.
SEC. 2. REFUNDABLE AND ADVANCEABLE CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. HEALTH INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to the amount paid during the taxable year for qualified health
insurance for coverage of the taxpayer, his spouse, and dependents.
``(b) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The amount allowed as a credit
under subsection (a) to the taxpayer for the taxable
year shall not exceed the sum of the monthly
limitations for months during such taxable year.
``(B) Monthly limitation.--The monthly limitation
for any month is the amount equal to \1/12\ of the
lesser of--
``(i) the product of $1,000 multiplied by
the number of individuals taken into account
under subsection (a) who are covered under
qualified health insurance as of the first day
of such month, or
``(ii) $3,000.
``(2) Employer subsidized coverage.--Subsection (a) shall
not apply to amounts paid for coverage of any individual for
any month for which such individual participates in any
subsidized health plan maintained by any employer of the
taxpayer or of the spouse of the taxpayer. The rule of the last
sentence of section 162(l)(2)(B) shall apply for purposes of
the preceding sentence.
``(c) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care if--
``(A) such insurance meets the requirements of
section 223(c)(2)(A)(ii),
``(B) there is no exclusion from, or limitation on,
coverage for any preexisting medical condition of any
applicant who, on the date the application is made, has
been continuously insured during the 1-year period
ending on the date of the application under--
``(i) qualified health insurance
(determined without regard to this
subparagraph), or
``(ii) a program described in--
``(I) title XVIII or XIX of the
Social Security Act,
``(II) chapter 55 of title 10,
United States Code,
``(III) chapter 17 of title 38,
United States Code,
``(IV) chapter 89 of title 5,
United States Code, or
``(V) the Indian Health Care
Improvement Act, and
``(C) in the case of each applicant who has not
been continuously so insured during the 1-year period
ending on the date the application is made, the
exclusion from, or limitation on, coverage for any
preexisting medical condition does not extend beyond
the period after such date equal to the lesser of--
``(i) the number of months immediately
prior to such date during which the individual
was not so insured since the illness or
condition in question was first diagnosed, or
``(ii) 1 year.
``(2) Exclusion of certain plans.--Such term does not
include--
``(A) insurance if substantially all of its
coverage is coverage described in section 223(c)(1)(B),
``(B) insurance under a program described in
paragraph (1)(B)(ii).
``(3) Transition rule for 2004.--In the case of
applications made during 2004, the requirements of
subparagraphs (C) and (D) of paragraph (1) are met only if the
insurance does not exclude from coverage, or limit coverage
for, any preexisting medical condition of any applicant.
``(d) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance to which subsection (a)
applies shall not be taken into account in computing the amount
allowable to the taxpayer as a credit under section 35 or as a
deduction under section 162(l) or 213(a).
``(2) 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.
``(3) Married couples must file joint return.--
``(A) In general.--If the taxpayer is married at
the close of the taxable year, the credit shall be
allowed under subsection (a) only if the taxpayer and
his spouse file a joint return for the taxable year.
``(B) Marital status; certain married individuals
living apart.--Rules similar to the rules of paragraphs
(3) and (4) of section 21(e) shall apply for purposes
of this paragraph.
``(4) Verification of coverage, etc.--No credit shall be
allowed under this section to any individual unless such
individual's coverage under qualified health insurance, and the
amount paid for such coverage, are verified in such manner as
the Secretary may prescribe.
``(5) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this subsection) be allowed as a credit to the taxpayer under
subsection (a) shall be reduced (but not below zero) by the
aggregate amount paid on behalf of such taxpayer under section
7528 for months beginning in such taxable year.
``(6) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 2004, each
dollar amount contained in subsection (b)(1)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
2003' for `calendar year 1992' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $10.''.
(b) Advance Payment of Credit.--Chapter 77 of such Code (relating
to miscellaneous provisions) is amended by adding at the end the
following new section:
``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS.
``(a) General Rule.--The Secretary shall establish a program for
making payments on behalf of individuals to providers of qualified
health insurance (as defined in section 36(c)) for such individuals.
``(b) Limitation on Advance Payments During Any Taxable Year.--The
Secretary may make payments under subsection (a) only to the extent
that the total amount of such payments made on behalf of any individual
during the taxable year does not exceed the amount allowable as a
credit to such individual for such year under section 36 (determined
without regard to subsection (d)(5) thereof).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. Health insurance costs.
``Sec. 37. Overpayments of tax.''.
(3) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7528. Advance payment of credit for health insurance costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Health Care Cost Integrity and Fairness Act of 2004 - Amends the Internal Revenue Code to allow a limited (up to $3,000 annually) advanceable tax credit for amounts paid for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a refundable and advancable credit against income tax for health insurance costs."} | 1,917 | 57 | 0.519384 | 1.150499 | 0.794815 | 4.979167 | 36.208333 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Iran's Nuclear Weapon Program
Before Sanctions Relief Act of 2015''.
SEC. 2. REPORT ON MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM;
LIMITATIONS ON SANCTIONS RELIEF.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Energy, shall submit to the
appropriate congressional committees a report that--
(1) at a minimum, provides a detailed assessment of the
nature, scope, and duration of each activity specified in
subsection (b);
(2) with respect to each activity specified in subsection
(b), assesses--
(A) whether the activity continues or when the
activity ended;
(B) whether Iran consulted, cooperated, or
collaborated with any foreign entity in the activity
and, if so, a full description of the nature, scope,
and duration of such consultation, cooperation, or
collaboration;
(C) the differences between the conclusions of the
International Atomic Energy Agency and the most recent
determination of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)));
(D) the ability of Iran to quickly resume the
activity, if the activity has ended, and to advance
beyond the current stage of development; and
(E) the credibility of Iran's arguments related to
dual-use technology; and
(3) includes--
(A) a summary of refusals by Iran to cooperate with
International Atomic Energy Agency inspectors and
requests since January 2003;
(B) a list of any Iranian institutes or other
entities involved in nuclear weapon activities or
research;
(C) a list of Iranian scientists or other experts
who worked on Iran's nuclear weapon program; and
(D) a list of sites where Iranian nuclear weapon
related activities are occurring or have occurred.
(b) Activities Specified.--The activities specified in this
subsection are the following:
(1) The existence of management and organization structures
to facilitate the development of a nuclear explosive device.
(2) Procurement activities associated with a nuclear weapon
program.
(3) Covert acquisition of uranium or plutonium, covert
uranium conversion, covert uranium reconversion, and covert
uranium enrichment activities.
(4) Attempted or actual acquisition of nuclear weapon
design information.
(5) Metallurgical work associated with nuclear devices.
(6) Development of detonators and associated equipment for
a nuclear weapon.
(7) Possession of multipoint initiation technology relevant
to a nuclear explosive device.
(8) Use of multipoint initiation technology for experiments
associated with a nuclear explosive device.
(9) Development of simulated components for a nuclear
explosive device, including components relevant to the dynamic
compressive testing of those components.
(10) Computer modeling studies of component arrangements
specific to nuclear explosive configurations based on implosion
technology and studies relating to high explosives modeling.
(11) Experiments with materials and configurations that
could generate neutrons under shock compression for the purpose
of initiating an implosion-type nuclear explosive device.
(12) Planning, preparation, and execution of experiments
relevant to testing a nuclear explosive device, specifically,
but not limited to, tests to determine whether detonator firing
components would function over a long distance between the
firing point and a test device located down a deep shaft.
(13) Activities related to the integration of a new
spherical payload into the existing payload chamber of the re-
entry vehicle for a ballistic missile.
(14) Activities related to a fuzing, arming, and firing
system for a heavy spherical ballistic missile payload.
(15) Activities at Parchin Military Complex related to
nuclear weapons.
(16) Nuclear weapon related activities at the Physics
Research Center and subsequent organizations, and the purpose
of such activities.
(17) Activities associated with the research, development,
testing, or fielding related to ballistic missiles capable of
carrying a nuclear weapon.
(18) Activities by Iran to conceal nuclear weapon related
activities.
(c) Limitations on Provision of Sanctions Relief to Iran.--
Notwithstanding section 135 of the Atomic Energy Act of 1954 (42 U.S.C.
2160e) or any other provision of law, the United States Government
shall not provide any sanctions relief to Iran until the date that is
90 days after--
(1) the submission of the report required by subsection
(a);
(2) the Director of National Intelligence, the Secretary of
Energy, the Secretary of State, and the Secretary of Defense
jointly certify to the appropriate congressional committees
that Iran has verifiably ended all military dimensions of its
nuclear program, including research, development, testing, or
fielding related to ballistic missiles capable of carrying a
nuclear weapon; and
(3) there is enacted into law a joint resolution approving
the provision of sanctions relief.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Finance, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) Sanctions relief.--The term ``sanctions relief'' means
the termination, waiver, deferral, or other suspension of any
sanctions imposed by the United States with respect to Iran
pursuant to a statute, executive order, or regulation,
including sanctions applicable to United States persons and
sanctions applicable to foreign persons.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity. | Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015 This bill requires the Director of National Intelligence (DNI) to report to Congress on the military dimensions of of Iran's nuclear program. The U.S. government shall not provide any sanctions relief to Iran until 90 days after: (1) the report's submission; (2) the DNI, the Department of Energy, the Department of State, and the Department of Defense certify jointly to Congress that Iran has ended all military dimensions of its nuclear program; and (3) a joint resolution has been enacted into law approving such sanctions relief. | {"src": "billsum_train", "title": "Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015"} | 1,415 | 130 | 0.532079 | 1.358998 | 0.666762 | 3.461538 | 11.25641 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Housing Act''.
SEC. 2. INVESTMENT IN FHA INFRASTRUCTURE.
(a) Human Resources and Funding.--Section 502(a) of the Housing Act
of 1948 (12 U.S.C. 1701c(a)) is amended--
(1) by striking ``The Secretary of Housing and Urban
Development'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Housing and Urban Development''; and
(2) by adding at the end the following:
``(2) Administration of fha programs.--
``(A) Office personnel.--
``(i) Appointment.--In carrying out any
program through the Federal Housing
Administration (in this section referred to as
the `Administration'), the Secretary may
appoint and fix the compensation of such
officers and employees of the Administration as
the Secretary considers necessary.
``(ii) Compensation.--Any officer or
employee appointed under clause (i) may be paid
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
and General Schedule pay rates.
``(B) Comparability of compensation with federal
banking agencies.--In fixing and directing compensation
under subparagraph (A), the Secretary shall consult
with, and maintain comparability with the compensation
of officers and employees of the Federal Deposit
Insurance Corporation.
``(C) Personnel of other federal agencies.--In
carrying out the duties of the Administration, the
Secretary may use information, services, staff, and
facilities of any Federal executive agency, independent
agency, or department on a reimbursable basis, with the
consent of such agency or department.
``(D) Outside experts and consultant.--In carrying
out the duties of the Administration, the Secretary may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
``(E) Use of premium-generated income.--To the
extent that income derived in any fiscal year from
premium fees charged under section 203(c) of the
National Housing Act (12 U.S.C. 1709(c)) are in excess
of the level of income estimated for that fiscal year
for such premium fees and assumed in the baseline
projection prepared by the Director of the Office of
Management and Budget for inclusion in the President's
annual budget request, not more than $82,000,000 of
such excess amounts may be used from such amounts for
the purpose of carrying out this paragraph.''.
(b) Information Technology Investment.--Section 502(a) of the
Housing Act of 1948 (12 U.S.C. 1701c(a)), as amended by subsection (a),
is amended by adding at the end the following:
``(3) Information technology.--
``(A) In general.--In carrying out any program
through the Administration, the Secretary may utilize
such funds as are available under subparagraph (B) to
ensure that an appropriate level of investment in
information technology is maintained in order for the
Secretary to upgrade its technology systems.
``(B) Use of premium-generated income.--To the
extent that income derived from premium fees charged
under section 203(c) of the National Housing Act (12
U.S.C. 1709(c)) are in excess of the level of income
estimated for that fiscal year for such premium fees
and assumed in the baseline projection prepared by the
Director of the Office of Management and Budget for
inclusion in the President's annual budget request, not
more than $72,000,000 of such excess amounts may be
used from such amounts for the purpose of carrying out
this paragraph.''.
SEC. 3. EXTENSION OF MORTGAGE TERM AUTHORITY.
Section 203(b)(3) of the National Housing Act (12 U.S.C.
1709(b)(3)) is amended--
(1) by striking ``thirty-five years'' and inserting ``50
years''; and
(2) by striking ``(or thirty years if such mortgage is not
approved for insurance prior to construction)''.
SEC. 4. DOWNPAYMENT FLEXIBILITY.
Section 203(b)(9) of the National Housing Act (12 U.S.C.
1709(b)(9)) is amended by striking ``(9)'' and all that follows through
``Provided further, That for'' and inserting the following:
``(9) Be executed by a mortgagor who shall have paid on
account of the property, in cash or its equivalent, an amount,
if any, as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default. For''.
SEC. 5. MORTGAGE INSURANCE FLEXIBILITY.
Section 203(c)(2) of the National Housing Act (12 U.S.C.
1709(c)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking the first sentence and inserting
``The Secretary shall establish and collect, at the
time of insurance, a single premium payment, in such
amount as the Secretary may determine, based on factors
determined by the Secretary and commensurate with the
likelihood of default of the homebuyer. Such premium
payment shall be in an amount not to exceed 3 percent
of the amount of the original insured principal
obligation of the mortgage.''; and
(B) by striking the second sentence; and
(2) in subparagraph (B), by striking ``0.50 percent'' and
inserting ``1 percent''.
SEC. 6. INNOVATION FOR NEW PROJECTS.
Section 203 of the National Housing Act (12 U.S.C. 1709) is amended
by adding at the end the following:
``(y) Waiver for New Product Initiatives.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to the limitation under paragraph (2), the
Secretary may waive such requirements of this section as the
Secretary determines appropriate for any new product
initiative.
``(2) Limitation.--For all new product initiatives in any
fiscal year, the Secretary may allocate an amount equal to not
more than 10 percent of the amount necessary to carry out the
insurance of mortgages under this section for the prior fiscal
year.''.
SEC. 7. MAXIMUM MORTGAGE AMOUNT LIMIT FOR MULTIFAMILY HOUSING IN HIGH-
COST AREAS.
Sections 207(c)(3), 213(b)(2)(B)(i), 220(d)(3)(B)(iii)(III),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of
the National Housing Act (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715k(d)(3)(B)(iii)(III), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II),
1715v(c)(2)(B)), and 1715y(e)(3)(B)) are each amended--
(1) by striking ``140 percent'' each place that term
appears and inserting ``170 percent''; and
(2) by striking ``170 percent'' each place that term
appears and inserting ``215 percent''.
SEC. 8. FHA SINGLE FAMILY HOUSING MAXIMUM MORTGAGE LIMIT.
Section 203(b)(2)(A) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) is amended--
(1) in clause (i), by striking ``95 percent'' and inserting
``100 percent'';
(2) in clause (ii)--
(A) by striking ``87 percent'' and inserting ``100
percent'' ; and
(B) by striking ``for Fiscal Year'' and inserting a
comma; and
(3) by moving subparagraph (A), including clauses (i) and
(ii) of such subparagraph, 2 ems to the right.
SEC. 9. INCREASE IN FHA FINANCIAL INTEGRITY.
Section 205(f)(2) of the National Housing Act (12 U.S.C.
1711(f)(2)) is amended by striking ``2.0 percent'' and inserting ``3.0
percent''.
SEC. 10. INSURANCE OF CONDOMINIUMS.
(a) In General.--Section 234 of the National Housing Act (12 U.S.C.
1715y) is amended--
(1) in subsection (c)--
(A) in the first sentence--
(i) by striking ``and'' before ``(2)''; and
(ii) by inserting before the period at the
end the following: ``, and (3) the project has
a blanket mortgage insured by the Secretary
under subsection (d)''; and
(B) in clause (B) of the third sentence, by
striking ``thirty-five years'' and inserting ``forty
years''; and
(2) in subsection (g), by striking ``, except that'' and
all that follows and inserting a period.
(b) Definition of Mortgage.--Section 201(a) of the National Housing
Act (12 U.S.C. 1707(a)) is amended--
(1) in clause (1), by striking ``or'' and inserting a
comma; and
(2) by inserting before the semicolon the following: ``, or
(3) a first mortgage given to secure the unpaid purchase price
of a fee interest in, or long-term leasehold interest in, a
one-family unit in a multifamily project, including a project
in which the dwelling units are attached, semi-detached, or
detached, and an undivided interest in the common areas and
facilities which serve the project''. | 21st Century Housing Act - Amends the Housing Act of 1948 to authorize the Secretary of Housing and Urban Development (HUD), in carrying out any program through the Federal Housing Administration (FHA) to: (1) appoint and fix the compensation of Administration personnel; and (2) use premium-generated income for information technology upgrades.
Amends the National Housing Act to: (1) extend the maturity term for insured mortgages; (2) revise mortgage insurance eligibility criteria and requirements for premium charges; (3) authorize waiver of certain requirements for new product initiatives; (4) increase the maximum mortgage amount limit for multifamily housing in high-cost areas; (5) increase the FHA single family housing maximum mortgage limit; and (6) increase the capital ratio for the Mutual Mortgage Insurance Fund.
Increases prerequisites for insured mortgages covering condominiums to require that the condomium project have a HUD-insured blanket morgage. | {"src": "billsum_train", "title": "A bill to modernize the Federal Housing Administration to meet the housing needs of the American people."} | 2,296 | 194 | 0.450534 | 1.284104 | 0.759194 | 2.424581 | 10.469274 | 0.860335 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telework Tax Incentive Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Federal, State and local governments spend billions of
dollars annually on the Nation's transportation needs.
(2) Congestion on the Nation's roads resulted in costs of
over $87,000,000 in 2007, in extra time and fuel used, to
drivers in the Nation's 439 urban areas, an increase of more
than 50 percent over the previous decade.
(3) On average, on-road-vehicles contributed 31.9 percent
of nitrogen oxide emissions in 2008.
(4) It was recently reported that if the 40 percent of
United States workers who have jobs that are compatible with
teleworking worked at home half of the time, that would save
450 million barrels of oil, reduce greenhouse gases by 84
million tons, and reduce highway maintenance costs by over $3
billion annually.
(5) The average American daily commute is 51 minutes for a
round-trip (a total of 204 hours, or 8.5 days, per year).
(6) The National Science Foundation found that teleworking
increased employee productivity by 87 percent and the Census
Bureau reported that 73 percent of teleworkers felt they
accomplished more work on telework days than when they were in
the office.
(7) In 2003, 77 million workers used a computer at work,
accounting for 55.5 percent of total employment.
(8) In recent years, studies performed in the United States
have shown a marked expansion of teleworking, with 76 percent
of private sector employers now providing technical support for
remote workers, an increase of 27 percent over 2007. Fifty-six
percent of Federal IT professionals indicated that their
agencies provide technical support for teleworkers.
SEC. 3. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30E. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
teleworking expenses paid or incurred by the taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed $1,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the amount referred to in
paragraph (1) shall be reduced by an amount which bears the
same ratio to $1,000 as the number of months in which such
individual is not in a teleworking arrangement bears to 12. For
purposes of the preceding sentence, an individual shall be
treated as being in a teleworking arrangement for a month if
the individual is subject to such arrangement for any day of
such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual
who performs services for an employer under a
teleworking arrangement, and
``(B) in the case of an employer, an employer for
whom employees perform services under a teleworking
arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual to
telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional worksite.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into account
in determining the credit under this section.''.
(b) Technical Amendment.--Subsection (a) of section 1016 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (36), by striking the period at the end of paragraph (37)
and inserting ``; and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30E(e), in the
case of amounts with respect to which a credit has been allowed
under section 30E.''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30E. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date. | Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year. Defines "telework" as performing work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking."} | 1,615 | 107 | 0.484706 | 1.465596 | 0.504255 | 4.294118 | 17.458824 | 0.905882 |
SECTION 1. MARKET LOSS ASSISTANCE.
(a) Assistance Authorized.--The Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall, to the maximum extent
practicable, use $4,622,240,000 of funds of the Commodity Credit
Corporation to make a market loss assistance payment to owners and
producers on a farm that are eligible for a final payment for fiscal
year 2001 under a production flexibility contract for the farm under
the Agriculture Market Transition Act (7 U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the total contract payments received by the owners and
producers for fiscal year 2001 under a production flexibility contract
for the farm under the Agricultural Market Transition Act.
SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT.
The Secretary shall use $423,510,000 of funds of the Commodity
Credit Corporation to make a supplemental payment under section 202 of
the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
U.S.C. 1421 note) to producers of the 2000 crop of oilseeds that
previously received a payment under such section.
SEC. 3. SUPPLEMENTAL PEANUT PAYMENT.
The Secretary shall use $54,210,000 of funds of the Commodity
Credit Corporation to provide a supplemental payment under section
204(a) of the Agricultural Risk Protection Act of 2000 (Public Law 106-
224; 7 U.S.C. 1421 note) to producers of quota peanuts or additional
peanuts for the 2000 crop year that previously received a payment under
such section. The Secretary shall adjust the payment rate specified in
such section to reflect the amount made available for payments under
this section.
SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT.
(a) Supplemental Payment.--The Secretary shall use $129,000,000 of
funds of the Commodity Credit Corporation to provide a supplemental
payment under section 204(b) of the Agricultural Risk Protection Act of
2000 (Public Law 106-224; 7 U.S.C. 1421 note) to eligible persons (as
defined in such section) that previously received a payment under such
section.
(b) Special Rule for Georgia.--The Secretary may make payments
under this section to eligible persons in Georgia only if the State of
Georgia agrees to use the sum of $13,000,000 to make payments at the
same time, or subsequently, to the same persons in the same manner as
provided for the Federal payments under this section, as required by
section 204(b)(6) of the Agricultural Risk Protection Act of 2000.
SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAYMENT.
The Secretary shall use $16,940,000 of funds of the Commodity
Credit Corporation to provide a supplemental payment under section 814
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (as enacted by Public Law
106-387), to producers of wool, and producers of mohair, for the 2000
marketing year that previously received a payment under such section.
The Secretary shall adjust the payment rate specified in such section
to reflect the amount made available for payments under this section.
SEC. 6. SUPPLEMENTAL COTTONSEED ASSISTANCE.
The Secretary shall use $84,700,000 of funds of the Commodity
Credit Corporation to provide supplemental assistance under section
204(e) of the Agricultural Risk Protection Act of 2000 (Public Law 106-
224; 7 U.S.C. 1421 note) to producers and first-handlers of the 2000
crop of cottonseed that previously received assistance under such
section.
SEC. 7. SPECIALTY CROPS.
(a) Base State Grants.--The Secretary shall use $26,000,000 of
funds of the Commodity Credit Corporation to make grants to the several
States and the Commonwealth of Puerto Rico to be used to support
activities that promote agriculture. The amount of the grant shall be--
(1) $500,000 to each of the several States; and
(2) $1,000,000 to the Commonwealth of Puerto Rico.
(b) Grants for Value Of Production.--The Secretary shall use
$133,400,000 of funds of the Commodity Credit Corporation to make a
grant to each of the several States in an amount that represents the
proportion of the value of specialty crop production in the State in
relation to the national value of specialty crop production, as
follows:
(1) California, $63,320,000.
(2) Florida, $16,860,000.
(3) Washington, $9,610,000.
(4) Idaho, $3,670,000.
(5) Arizona, $3,430,000.
(6) Michigan, $3,250,000.
(7) Oregon, $3,220,000.
(8) Georgia, $2,730,000.
(9) Texas, $2,660,000.
(10) New York, $2,660,000.
(11) Wisconsin, $2,570,000.
(12) North Carolina, $1,540,000.
(13) Colorado, $1,510,000.
(14) North Dakota, $1,380,000.
(15) Minnesota, $1,320,000.
(16) Hawaii, $1,150,000.
(17) New Jersey, $1,100,000.
(18) Pennsylvania, $980,000.
(19) New Mexico, $900,000.
(20) Maine, $880,000.
(21) Ohio, $800,000.
(22) Indiana, $660,000.
(23) Nebraska, $640,000.
(24) Massachusetts,$640,000.
(25) Virginia, $620,000.
(26) Maryland, $500,000.
(27) Louisiana, $460,000.
(28) South Carolina, $440,000.
(29) Tennessee, $400,000.
(30) Illinois, $400,000.
(31) Oklahoma, $390,000.
(32) Alabama, $300,000.
(33) Delaware, $290,000.
(34) Mississippi, $250,000.
(35) Kansas, $210,000.
(36) Arkansas, $210,000.
(37) Missouri, $210,000.
(38) Connecticut, $180,000.
(39) Utah, $140,000.
(40) Montana, $140,000.
(41) New Hampshire, $120,000.
(42) Nevada, $120,000.
(43) Vermont, $120,000.
(44) Iowa, $100,000.
(45) West Virginia, $90,000.
(46) Wyoming, $70,000.
(47) Kentucky, $60,000.
(48) South Dakota, $40,000.
(49) Rhode Island, $40,000.
(50) Alaska, $20,000.
(c) Specialty Crop Priority.--As a condition on the receipt of a
grant under this section, a State shall agree to give priority to the
support of specialty crops in the use of the grant funds.
(d) Specialty Crop Defined.--In this section, the term ``specialty
crop'' means any agricultural crop, except wheat, feed grains,
oilseeds, cotton, rice, peanuts, and tobacco.
SEC. 8. COMMODITY ASSISTANCE PROGRAM.
The Secretary shall use $10,000,000 of funds of the Commodity
Credit Corporation to make a grant to each of the several States to be
used by the States to cover direct and indirect costs related to the
processing, transportation, and distribution of commodities to eligible
recipient agencies. The grants shall be allocated to States in the
manner provided under section 204(a) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)).
SEC. 9. TECHNICAL CORRECTION REGARDING INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Conditions on Payment to State.--Subsection (b) of section 1121
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of Public Law 105-277 (7 U.S.C. 1421 note)), and
as amended by section 754 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001
(as enacted by Public Law 106-387; 114 Stat. 1549A-42), is amended to
read as follows:
``(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a)
only if the State--
``(1) contributes $5,000,000 to the indemnity fund and agrees
to expend all amounts in the indemnity fund by not later than
January 1, 2002 (or as soon as administratively practical
thereafter), to provide compensation to cotton producers as
provided in such subsection;
``(2) requires the recipient of a payment from the indemnity
fund to repay the State, for deposit in the indemnity fund, the
amount of any duplicate payment the recipient otherwise recovers
for such loss of cotton, or the loss of proceeds from the sale of
cotton, up to the amount of the payment from the indemnity fund;
and
``(3) agrees to deposit in the indemnity fund the proceeds of
any bond collected by the State for the benefit of recipients of
payments from the indemnity fund, to the extent of such
payments.''.
(b) Additional Disbursements From the Indemnity Fund.--Subsection
(d) of such section is amended to read as follows:
``(d) Additional Disbursement to Cotton Ginners.--The State of
Georgia shall use funds remaining in the indemnity fund, after the
provision of compensation to cotton producers in Georgia under
subsection (a) (including cotton producers who file a contingent claim,
as defined and provided in section 5.1 of chapter 19 of title 2 of the
Official Code of Georgia), to compensate cotton ginners (as defined and
provided in such section) that--
``(1) incurred a loss as the result of--
``(A) the business failure of any cotton buyer doing
business in Georgia; or
``(B) the failure or refusal of any such cotton buyer to
pay the contracted price that had been agreed upon by the
ginner and the buyer for cotton grown in Georgia on or after
January 1, 1997, and had been purchased or contracted by the
ginner from cotton producers in Georgia;
``(2) paid cotton producers the amount which the cotton ginner
had agreed to pay for such cotton received from such cotton
producers in Georgia; and
``(3) satisfy the procedural requirements and deadlines
specified in chapter 19 of title 2 of the Official Code of Georgia
applicable to cotton ginner claims.''.
(c) Conforming Amendment.--Subsection (c) of such section is
amended by striking ``Upon the establishment of the indemnity fund, and
not later than October 1, 1999, the'' and inserting ``The''.
SEC. 10. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY
PAYMENTS AND MARKETING LOAN GAINS.
Notwithstanding section 1001(2) of the Food Security Act of 1985 (7
U.S.C. 1308(1)), the total amount of the payments specified in section
1001(3) of that Act that a person shall be entitled to receive for one
or more contract commodities and oilseeds under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) during the 2001 crop year may
not exceed $150,000.
SEC. 11. TIMING OF, AND LIMITATION ON, EXPENDITURES.
(a) Deadline for Expenditures.--All expenditures required by this
Act shall be made not later than September 30, 2001. Any funds made
available by this Act and remaining unexpended by October 1, 2001,
shall be deemed to be unexpendable, and the authority provided by this
Act to expend such funds is rescinded effective on that date.
(b) Total Amount of Expenditures.--The total amount expended under
this Act may not exceed $5,500,000,000. If the payments required by
this Act would result in expenditures in excess of such amount, the
Secretary shall reduce such payments on a pro rata basis as necessary
to ensure that such expenditures do not exceed such amount.
SEC. 12. REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this Act and the amendments made by this Act.
The promulgation of the regulations and administration of this Act
shall be made without regard to--
(1) the notice and comment provisions of section 553 of title
5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to use specified Commodity Credit Corporation (CCC) funds for a market loss assistance payment to farm owners and producers who are eligible for a final FY 2001 production flexibility contract payment (such payment to be proportional to total 2001 flexibility contract payments received).(Sec. 2) Directs the Secretary to use specified CCC funds for supplemental 2000 payments to qualifying: (1) oilseed producers; (2) peanut producers; (3) wool and mohair producers; (4) tobacco producers (payments to Georgia producers may be made only if Georgia provides specified funds for such purpose); and (5) cottonseed producers and first handlers.(Sec. 7) Directs the Secretary to use specified CCC funds for grants to: (1) the States and Puerto Rico for agricultural promotion activities; and (2) the States (in specified amounts) for the value of specialty crop production. Defines "specialty crop" as any crop other than wheat, feed grains, oilseeds, cotton, rice, peanuts, and tobacco.(Sec. 8) Directs the Secretary to use specified CCC funds for grants to cover State transportation, processing, and distribution costs under the Emergency Food Assistance Act of 1983.(Sec. 9) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as amended by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, respecting Cotton Producer Indemnity Fund payments to Georgia producers and ginners.(Sec. 10) Establishes a $150,000 individual limitation on 2001 loan deficiency payments and marketing loan gains.(Sec. 11) States that expenditures under this Act shall be made by September 30, 2001. Deems any funds remaining unused as of October 1, 2001, to be unexpendable. Rescinds authority to expend such funds as of that date.States that: (1) total expenditures under this Act shall not exceed $5.5 billion; and (2) payments shall be reduced on a pro rata basis if they would exceed such limitation.(Sec. 12) Directs the Secretary and the CCC to promulgate implementing regulations. | {"src": "billsum_train", "title": "To respond to the continuing economic crisis adversely affecting American agricultural producers."} | 2,875 | 487 | 0.60907 | 2.0855 | 0.670772 | 2.890863 | 6.621827 | 0.895939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Nevada Public Land
Management Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in small and large parcels interspersed with or
adjacent to private land in the Las Vegas Valley, Nevada,
making many of these parcels difficult to manage and more
appropriate for disposal.
(2) The ad hoc disposal of Federal land by the Bureau of
Land Management has significantly contributed to growth in the
Las Vegas Valley, imposing substantial costs on local
government.
(3) In order to promote responsible and orderly development
in the Las Vagas Valley, certain of those Federal lands should
be sold by the Federal Government based on recommendations made
by local government and the public.
(4) The value of Federal lands in the Las Vegas Valley is
enhanced by local infrastructure improvements which are paid
for by local government.
(5) The Las Vegas metropolitan area is the fastest growing
urban area in the United States, which is causing significant
impacts upon the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area, and the Spring
Mountains National Recreation Area, which surround the Las
Vegas Valley.
(b) Purpose.--The purpose of this Act is to provide for the orderly
disposal of certain Federal lands in Clark County, Nevada, and to
provide for the acquisition of environmentally sensitive lands in the
State of Nevada.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Secretaries'' means the Secretary of the
Interior and the Secretary of Agriculture.
(3) The term ``unit of local government'' means Clark
County, the city of Las Vegas, the city of North Las Vegas, or
the city of Henderson; all in the State of Nevada.
(4) The term ``Agreement'' means the agreement entitled
``The Interim Cooperative Management Agreement Between The
United States Department of the Interior--Bureau of Land
Management and Clark County'', dated November 4, 1992.
(5) The term ``special account'' means the account in the
Treasury of the United States established under section
4(e)(1)(D).
SEC. 4. DISPOSAL.
(a) Disposal.--Notwithstanding the land use planning requirements
contained in sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in
accordance with this Act, shall by sale or exchange dispose of lands
within the boundary of the area under the jurisdiction of the Director
of the Bureau of Land Management in Clark County, Nevada, as generally
depicted on the map entitled ``Las Vegas Valley, Nevada, Land Disposal
Map'', numbered ______, and dated ______. Such map shall be on file and
available for public inspection in the offices of the Director and the
Las Vegas District of the Bureau of Land Management.
(b) Reservation for Local Public Purposes.--
(1) Election and conveyance to local governments.--Not less
than 90 days before the issuance of a patent to lands pursuant
to subsection (a), the unit of local government in whose
jurisdiction the lands are located may elect to obtain, without
consideration, up to 12 percent of the lands for local public
purposes. Pursuant to any such election, the Secretary shall
convey the elected lands to such unit of the local government.
(2) Reverter.--Except as provided by section 7(a), if lands
acquired by a unit of local government under paragraph (1) are
disposed of by such unit of local government or otherwise cease
to be used for local public purposes, such lands shall revert
to the United States. Lands revested in the United States under
this paragraph shall be offered for disposal in accordance with
this Act.
(c) Withdrawal.--Subject to valid existing rights, all Federal
lands identified in subsection (a) for disposal are withdrawn from
location, entry, and patent under the mining laws and from operation
under the mineral leasing and geothermal leasing laws.
(d) Selection.--
(1) Joint selection required.--The Secretary and the unit
of local government in whose jurisdiction lands referred to in
subsection (a) are located shall jointly select lands to be
offered for sale or exchange under this section. If agreement
cannot be reached on joint selection with respect to a parcel
of land, the parcel may not be offered for sale or exchange
under subsection (a).
(2) Offering.--After land has been selected in accordance
with this subsection, the Secretary shall make the first
offering of land as soon as practicable after the date of
enactment of this Act.
(e) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year--
(A) 5 percent shall be paid directly to the State
of Nevada for use in the general education program of
the State.
(B) 25 percent shall be paid directly to the
Southern Nevada Water Authority for water treatment and
transmission facility infrastructure in Clark County,
Nevada.
(C) 20 percent shall be paid directly to Clark
County, Nevada, for development of parks and trails and
for public recreation purposes within the Las Vegas
Valley after the adoption of an interlocal agreement
among Clark County, the city of Las Vegas, the city of
North Las Vegas, and the city of Henderson.
(D) The remainder shall be deposited in a special
account in the Treasury of the United States for use
pursuant to the provisions of paragraphs (2) and (3).
Amounts in the special account shall be available to
the Secretaries without further appropriation and shall
remain available until expended.
(2) Land exchanges.--In the case of a land exchange under
this section (other than a land exchange described in section
7(a)), the Secretary shall provide direct payments pursuant to
paragraphs (1) (A), (B), and (C) from any cash equalization
payment made to the Secretary pursuant to the exchange
agreement and from the special account. The payments shall be
based on the appraised fair market value of the Federal lands
to be conveyed in the exchange.
(3) Availability of special account.--
(A) In general.--In addition to payments under
paragraph (2), amounts deposited in the special account
may be expended by the Secretaries, acting jointly,
for--
(i) the acquisition of environmentally
sensitive land in the State of Nevada in
accordance with section 5, with priority given
to lands located within Clark County; and
(ii) infrastructure needs associated with
recreation and resource protection programs at
the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area and
other areas administered by the Bureau of Land
Management in Clark County, and the Spring
Mountains National Recreation Area.
(B) Procedures.--The Secretaries shall jointly
develop procedures for the use of the special account
that ensure accountability and demonstrated results.
(C) Limitation.--Not more than 50 percent of the
amounts available to the Secretaries from the special
account in any fiscal year (determined without taking
into account amounts deposited under subsection (g)(4))
may be used for the purposes described in subparagraph
(A)(ii).
(f) Investment of Special Account.--All funds deposited as
principal in the special account shall earn interest in the amount
determined by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities. Such interest shall be added to
the principal of the account and expended according to the provisions
of subsection e(3).
(g) Airport Environs Overlay District Land Transfer.--Upon request
of Clark County, Nevada, the Secretary shall transfer to Clark County,
Nevada, without consideration, all right, title, and interest of the
United States in and to the lands identified in the Agreement, subject
to the following:
(1) Valid existing rights.
(2) Clark County agrees to manage such lands in accordance
with the Agreement and with section 47504 of title 49, United
States Code (relating to airport noise compatibility planning),
and regulations promulgated pursuant to that section.
(3) Clark County agrees that if any of such lands are sold
or leased by Clark County, such sale or lease shall contain a
limitation which requires uses compatible with the Agreement
and such Airport Noise Compatibility Planning provisions.
(4) Clark County agrees that if any of such lands are sold
or leased by Clark County and are identified on the map
referenced in section 2(a) of the Act entitled ``An Act to
provide for the orderly disposal of certain Federal lands in
Nevada and for the acquisition of certain other lands in the
Lake Tahoe Basin, and for other purposes'', approved December
23, 1980 (94 Stat. 3381; commonly known as the ``Santini-Burton
Act''), Clark County shall contribute 85 percent of all
proceeds from the sale or lease of such lands directly to the
special account. Such proceeds shall be used by the Secretary
of Agriculture to acquire environmentally sensitive land in the
Lake Tahoe Basin pursuant to section 3 of the Santini-Burton
Act. The remaining proceeds shall be available for use by the
Clark County Department of Aviation for the benefit of airport
development, infrastructure, and the Noise Compatibility
Program.
SEC. 5. ACQUISITIONS.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``environmentally sensitive land'' means land or an interest in
land, the acquisition of which by the United States would, in
the judgment of the Secretary of the Interior or the Secretary
of Agriculture--
(A) promote the preservation of natural,
scientific, aesthetic, historical, cultural, watershed,
wildlife, and other values contributing to public
enjoyment and biological diversity;
(B) enhance recreational opportunities and public
access;
(C) provide the opportunity to achieve better
management of public land through consolidation of
Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretaries may
acquire by donation, purchase with donated or appropriated
funds, or exchange environmentally sensitive land and interests
in environmentally sensitive land. Lands may not be acquired
under this section without the consent of the owner thereof.
(3) Consultation.--Before initiating acquisition
proceedings for any parcel of land under this subsection, the
Secretary of the Interior or the Secretary of Agriculture shall
consult with the State of Nevada and with local government
within whose jurisdiction the lands are located, including
appropriate planning and regulatory agencies, and with other
interested persons, concerning the necessity of making the
acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
Consultation under this paragraph is in addition to any other
consultation required by law.
(b) Administration.--On acceptance of title by the United States,
land and interests in land acquired under this section that is within
the boundaries of a unit of the National Forest System, National Park
System, National Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, National Wilderness Preservation
System, any other system established by Act of Congress, or any
national conservation or national recreation area established by Act of
Congress--
(1) shall become part of the unit or area without further
action by the Secretary of the Interior or Secretary of
Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or area.
(c) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary of the
Interior or the Secretary of Agriculture under this section shall be
determined by an appraisal made under section 206 of the Federal Land
Policy and Management Act of 1976. Any such appraisal shall be made
without regard to the presence of a species listed as threatened or
endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) acquired by the Secretary of the Interior or
the Secretary of Agriculture under section 5 of the Southern Nevada
Public Land Management Act.''.
SEC. 6. REPORT.
The Secretary of the Interior, in cooperation with the Secretary of
Agriculture, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives an annual report on all transactions under this Act.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) Exchanges.--
(1) In general.--Upon request by a person described in
paragraph (2), the Secretary may enter into an exchange of
lands pursuant to section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716). Exchanges pursuant to
the provisions of such section 206 may only be made for lands
of equal value, except that with respect to a unit of local
government an amount equal to the excess (if any) of the
appraised fair market value of lands received by the unit of
local government over the appraised fair market value of lands
transferred by the unit of local government shall be paid to
the Secretary and shall be treated under section 4(e)(1) of
this Act as proceeds from the sale of land. For purposes of
this subsection, the appraised fair market value of lands to be
transferred by a unit of local government shall be determined
without regard to the reverter provision of the lease or patent
to such lands.
(2) Person described.--A person referred to in paragraph
(1) is--
(A) a grantee of lands within Clark County, Nevada,
that are subject to a lease or patent issued under the
Act entitled ``An Act to authorize acquisition or use
of public lands by States, counties, or municipalities
for recreational purposes'', approved June 14, 1926 (43
U.S.C. 869 et seq.; commonly known as the ``Recreation
and Public Purposes Act''), or
(B) a unit of local government making an election
under section 4(b)(1).
(3) Terms and conditions applicable to lands acquired.--
Land acquired under this section by a grantee described in
paragraph (2)(A) shall be subject to the terms and conditions,
uses, and acreage limitations of the lease or patent to which
the lands transferred by the grantee were subject, including
the reverter provisions, under the Recreation and Public
Purposes Act. Land acquired under this section by a unit of
local government described in paragraph (2)(B) shall be subject
to the reversion provisions of section 4(b)(2) of this Act.
(b) Water Treatment Facilities.--Notwithstanding any other
provision of law, the Secretary shall make land available under the
Recreation and Public Purposes Act to the Southern Nevada Water
Authority, as identified on the map entitled ``Las Vegas Valley,
Nevada, Water Treatment Facilities and Delivery System'', numbered
______, and dated ______.
(c) Flood Control.--The Secretary, in consultation with the Army
Corps of Engineers and the Clark County Regional Flood Control
District, shall make available land in Clark County, Nevada, in
accordance with the Recreation and Public Purposes Act for flood
control purposes. Such lands shall be made available to the Clark
County Regional Flood Control District.
(d) Affordable Housing.--The Secretary, in consultation with the
Secretary of Housing and Urban Development, shall make available land
in the State of Nevada in accordance with the Recreation and Public
Purposes Act for affordable housing purposes. Such lands shall be made
available only to State or local governmental entities, including local
public housing authorities. For the purposes of this subsection,
housing shall be considered to be affordable housing if the housing is
assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.).
SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL CONSERVATION
AREA.
Section 3(a)(2) of the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read
as follows:
``(2) The conservation area shall consist of approximately
____ acres as generally depicted on the map entitled `Red Rock
Canyon National Conservation Area--Proposed Modification',
numbered ______, and dated ______.''. | Southern Nevada Public Land Management Act of 1996 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada.
Allows a unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain, without consideration, up to 12 percent of the lands for local public purposes.
Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government.
Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; (3) Clark County, Nevada, for development of parks and trails and for public recreation purpose; and (4) a special account in the Treasury for direct payments where lands are exchanged under this Act and for the acquisition of environmentally sensitive land in Nevada and for infrastructure needs associated with recreation and resource protection programs in Federal areas in Clark County.
Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions.
(Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area.
Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes).
(Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act (RPPA) or a unit of local government making an election to obtain land for local public purposes under this Act, to enter into an exchange of lands on an equal value basis.
Requires the Secretary: (1) to make land available under the RPPA to the Southern Nevada Water Authority; (2) in consultation with the Army Corps of Engineers and the Clark County Nevada Regional Flood Control District in Nevada, to make land available to the District, in accordance with the RPPA, for flood control purposes; and (3) in consultation with the Secretary of Housing and Urban Development, to make land available in the State of Nevada, in accordance with the RPPA, for affordable housing purposes. Limits availability of such lands to State or local governmental entities, including local public housing authorities. Considers such housing to be affordable housing if it is assisted under the United States Housing Act of 1937.
(Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area. | {"src": "billsum_train", "title": "Southern Nevada Public Land Management Act of 1996"} | 3,672 | 776 | 0.673434 | 2.219006 | 0.707902 | 4.258645 | 4.847856 | 0.950207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Reservation
Transportation Improvement Program Act''.
SEC. 2. INDIAN RESERVATION ROADS.
(a) Authorization of Appropriations.--Section 1101(a)(8)(A) of the
Transportation Equity Act for the 21st Century (112 Stat. 112) is
amended by striking ``of such title'' and all that follows and
inserting ``of that title--
``(i) $225,000,000 for fiscal year 1998;
``(ii) $275,000,000 for each of fiscal
years 1999 through 2003;
``(iii) $330,000,000 for fiscal year 2004;
``(iv) $360,000,000 for fiscal year 2005;
``(v) $390,000,000 for fiscal year 2006;
``(vi) $420,000,000 for fiscal year 2007;
``(vii) $450,000,000 for fiscal year 2008;
and
``(viii) $480,000,000 for fiscal year
2009.''.
(b) Additional Authorization of Contract Authority for States With
Indian Reservations.--Section 1214(d)(5)(A) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is
amended by inserting before the period at the end the following: ``,
$3,000,000 for each of fiscal years 2004 and 2005, $4,000,000 for each
of fiscal years 2006 and 2007, and $5,000,000 for each of fiscal years
2008 and 2009''.
(c) Indian Reservation Road Bridges.--Section 202(d)(4)(B) of title
23, United States Code, is amended--
(1) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:
``(B) Funding.--
``(i) Reservation of funds.--
Notwithstanding any other provision of law,
there is authorized to be appropriated from the
Highway Trust Fund $15,000,000 for each of
fiscal years 2004 through 2009 to carry out
planning, design, engineering, preconstruction,
construction, and inspection of projects to
replace,''; and
(2) by adding at the end the following:
``(ii) Availability.--Funds made available
to carry out this subparagraph--
``(I) shall be available for
obligation in the same manner as if the
funds were apportioned under chapter 1;
and
``(II) shall not be used to pay any
administrative costs.''.
SEC. 3. INDIAN RESERVATION RURAL TRANSIT PROGRAM.
Section 5311 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Indian Reservation Rural Transit Program.--
``(1) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
``(B) Reservation.--The term `reservation' means--
``(i) an Indian reservation in existence as
of the date of enactment of this subsection;
``(ii) a public domain Indian allotment;
and
``(iii) an Indian reservation in the State
of Oklahoma that existed at any time before,
but is no longer in existence as of, the date
of enactment of this subsection.
``(C) Secretary.--The term `Secretary' means the
Secretary of Transportation, acting through the
Administrator of the Federal Highway Administration.
``(2) Program.--The Secretary shall establish and carry out
a program to provide competitive grants to Indian tribes to
establish rural transit programs on reservations or other land
under the jurisdiction of the Indian tribes.
``(3) Cooperation.--The Secretary shall--
``(A) establish and maintain intra-agency
cooperation between the Federal Highway Administration
and the Federal Transit Administration in--
``(i) administering tribal transit programs
funded by the Federal Highway Administration;
and
``(ii) exploring options for the transfer
of funds from the Federal Highway
Administration to the Federal Transit
Administration for the direct funding of tribal
transit programs; and
``(B) establish and maintain working relationships
with representatives of regional tribal technical
assistance programs to ensure proper administration of
ongoing and future tribal transit programs carried out
using Federal funds.
``(4) Funding.--Notwithstanding any other provision of law,
for each fiscal year, of the amount made available to carry out
this section under section 5338 for the fiscal year, the
Secretary shall use $20,000,000 to carry out this
subsection.''. | American Indian Reservation Transportation Improvement Program Act - Amends the Transportation Equity Act for the 21st Century to authorize appropriations for Indian reservation roads under the Federal Lands Highways Program through FY 2009.
Authorizes appropriations to carry out the planning, design, engineering, preconstruction, construction, and inspection of certain projects concerning deficient Indian reservation road bridges through FY 2009.
Directs the Secretary to issue grants to Indian tribes to establish rural transit programs on reservations or other land under the jurisdiction of the tribes.
Directs the Secretary to establish and maintain: (1) intra-agency cooperation between the Federal Highway Administration (FHA) and the Federal Transit Administration (FTA) in administering tribal transit programs funded by the FHA, and exploring options for the transfer of funds from the FHA to the FTA for the direct funding of tribal transit programs; and (2) working relationships with representatives of regional tribal technical assistance programs to ensure proper administration of ongoing and future tribal transit programs carried out using Federal funds. | {"src": "billsum_train", "title": "A bill to amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes."} | 1,047 | 208 | 0.54201 | 1.436512 | 0.880752 | 3.936508 | 4.94709 | 0.888889 |
SECTION 1. MEDICARE SUBVENTION FOR MILITARY RETIREES AND DEPENDENTS.
(a) Expansion of Sites.--
(1) Expansion to 16 sites.--Effective January 1, 2000,
subsection (b)(2) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended by striking ``6'' and inserting
``16''.
(2) Future repeal of limitation on number of sites.--
Effective October 1, 2002, paragraph (2) of section 1896(b) of
such Act is amended to read as follows:
``(2) Location of sites.--
``(A) In general.--Subject to subparagraph (B), the
program shall be conducted in any site designated
jointly by the administering Secretaries.
``(B) Fee-for-service.--If feasible, at least 1 of
the sites designated under subparagraph (A) shall be
conducted using the fee-for-service reimbursement
method described in subsection (l).''.
(b) Making Project Permanent; Changes in Project References.--
(1) Elimination of time limitation.--Paragraph (4) of
section 1896(b) of such Act is repealed.
(2) Conforming changes of references to demonstration
project.--Section 1896 of such Act is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) Program.--The term `program' means the program
carried out under this section.'';
(C) in the heading to subsection (b), by striking
``Demonstration Project'' and inserting ``Program'';
(D) by striking ``demonstration project'' or
``project'' each place either appears and inserting
``program''; and
(E) in subsection (k)(2)--
(i) in the heading, by striking ``extension
and expansion of demonstration project'' and
inserting ``program''; and
(ii) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) whether there is a cost to the health care
program under this title in conducting the program
under this section; and
``(B) whether the terms and conditions of the
program should be modified.''.
(3) Repeal of obsolete reporting requirement.--Paragraph
(5) of section 1896(b) of such Act is repealed.
(c) Permitting Payment on a Fee-for-Service Basis.--
(1) In general.--Section 1896 of the Social Security Act is
further amended by adding at the end the following new
subsection:
``(l) Reimbursement on Fee-for-Service Basis For Services Provided
to Unenrolled Individuals.--Notwithstanding subsection (i), in the case
of medicare-eligible military retirees or dependents who are not
enrolled in the program under this section, the Secretary may reimburse
the Secretary of Defense for medicare health care services provided to
such retirees or dependents at a military treatment facility under the
program at a rate that does not exceed the rate of payment that would
otherwise be made under this title for such services if sections
1814(c) and 1835(d), and paragraphs (2) and (3) of section 1862(a), did
not apply.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsections (b)(1)(B)(v) and
(b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
after ``subsection (i)'';
(B) in subsection (b)(2), by adding at the end the
following: ``If feasible, at least 1 of the sites shall
be conducted using the fee-for-service reimbursement
method described in subsection (l).'';
(C) in subsection (d)(1)(A), by inserting
``(insofar as it provides for the enrollment of
individuals and payment on the basis described in
subsection (i))'' before ``shall meet'';
(D) in subsection (d)(1)(A), by inserting ``and the
program (insofar as it provides for payment for
medicare health care services provided at a military
treatment facility on the basis described in subsection
(l)) shall meet all requirements that are applicable to
facilities that provide such services under this
title'' after ``medicare payments'';
(E) in subsection (d)(2), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``shall comply'';
(F) in subsection (g)(1), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``the Secretary of Defense'';
(G) in subsection (i)(1), by inserting ``and
subsection (l)'' after ``of this subsection'';
(H) in subsection (i)(4), by inserting ``and
subsection (l)'' after ``under this subsection''; and
(I) in subsection (j)(2)(B)(ii), by inserting ``or
subsection (l)'' after ``subsection (i)(1)''.
(3) Effective date.--The amendments made by this subsection
take effect on January 1, 2000, and apply to services furnished
on or after such date.
(d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
``(C) Elimination of restrictive policy.--If the
enrollment capacity in the program has been reached at
a particular site designated under paragraph (2) and
the Secretary therefore limits enrollment at the site
to medicare-eligible military retirees and dependents
who are enrolled in TRICARE Prime (as defined for
purposes of chapter 55 of title 10, United States Code)
at the site immediately before attaining 65 years of
age, participation in the program by a retiree or
dependent at such site shall not be restricted based on
whether the retiree or dependent has a civilian primary
care manager instead of a military primary care
manager.''.
(e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
``(m) Medigap Protection for Enrollees.--
``(1) In General.--Subject to paragraph (2), the provisions
of section 1882(s)(3) (other than clauses (i) through (iv) of
subparagraph (B)) and 1882(s)(4) shall apply to any enrollment
(and termination of enrollment) in the program (for which
payment is made on the basis described in subsection (i)) in
the same manner as they apply to enrollment (and termination of
enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) Rule of construction.--In applying paragraph (1)--
``(A) in the case of enrollments occurring before January
1, 2000, any reference in clause (v) or (vi) of section
1882(s)(3)(B) to 12 months is deemed a reference to the period
ending on December 31, 2000; and
``(B) the notification required under section 1882(s)(3)(D)
shall be provided in a manner specified by the Secretary of
Defense in consultation with the Director of the Office of
Personnel Management.''. | Increases the number of authorized sites for the Medicare subvention demonstration project for certain Medicare-eligible military retirees and their dependents (a project established by the Balanced Budget Act of 1997 under title XVIII (Medicare) of the Social Security Act). Provides for the future repeal of the limitation on the number of such sites (thus allowing the project to be conducted at any site designed by the Secretary of Health and Human Services and the Secretary of Defense acting jointly). Makes the project permanent.
Makes further changes regarding the project, permitting payment under it to be made on a fee-for-service basis for certain Medicare-eligible eligible military retirees and their dependents not enrolled in the project, and eliminating certain restrictive project participation policy. Applies to certain Medigap (Medicare supplemental health insurance policy) enrollees the same protections (prohibitions against issuer discrimination) as apply to enrollment (and termination of enrollment) with a Medicare+Choice organization in a Medicare+Choice plan under Medicare part C (Medicare+Choice). | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to expand and make permanent the medicare subvention demonstration project for military retirees and dependents"} | 1,751 | 239 | 0.568869 | 1.600075 | 0.719134 | 2.265625 | 7.880208 | 0.807292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial Hemp Banking Act''.
SEC. 2. SECURE AND FAIR ENFORCEMENT OF THE BANKING LAWS.
(a) Safe Harbor for Depository Institutions.--A Federal banking
regulator may not--
(1) terminate or limit the deposit insurance or
share insurance of a depository institution under the
Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.)
or the Federal Credit Union Act (12 U.S.C. 1751 et
seq.) solely because the depository institution
provides or has provided financial services to an
industrial hemp legitimate business;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial
services to an industrial hemp legitimate business or
to a State or political subdivision of a State that
exercises jurisdiction over industrial hemp legitimate
businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial services
to an account holder, or to downgrade or cancel the
financial services offered to an account holder solely
because--
(A) the account holder is the owner,
operator, or employee of an industrial hemp
legitimate business;
(B) the account holder later becomes an
owner or operator of an industrial hemp
legitimate business; or
(C) the depository institution was not
aware that the account holder is the owner or
operator of an industrial hemp legitimate
business; and
(4) take any adverse or corrective supervisory
action on a loan made to an owner or operator of--
(A) an industrial hemp legitimate business,
solely because the owner or operator owns or
operates an industrial hemp legitimate
business; or
(B) real estate or equipment that is leased
to an industrial hemp legitimate business,
solely because the owner or operator of the
real estate or equipment leased the equipment
or real estate to an industrial hemp legitimate
business.
(b) Protections Under Federal Law.--
(1) In general.--In a State or a political subdivision of a
State that allows for industrial hemp legitimate businesses, a
depository institution that provides financial services to an
industrial hemp legitimate business, and the officers,
directors, and employees of that depository institution may not
be held liable pursuant to any Federal law or regulation--
(A) solely for providing such financial services
pursuant to the law or regulation of such State or
political subdivision; or
(B) for further investing any income derived from
such financial services.
(2) Forfeiture.--A depository institution that has a legal
interest in the collateral for a loan or another financial
service provided to an owner or operator of an industrial hemp
legitimate business, or to an owner or operator of real estate
or equipment that is leased or sold to an industrial hemp
legitimate business, shall not be subject to criminal, civil,
or administrative forfeiture of that legal interest pursuant to
any Federal law for providing such loan or other financial
service.
(c) Rule of Construction.--Nothing in this section shall require a
depository institution to provide financial services to an industrial
hemp legitimate business.
(d) Requirements for Filing Suspicious Activity Reports.--Section
5318(g) of title 31, United States Code, is amended by adding at the
end the following:
``(5) Requirements for industrial hemp legitimate
businesses.--A financial institution or any director, officer,
employee, or agent of a financial institution that reports a
suspicious transaction pursuant to this subsection and the
reason for the report relates to an industrial hemp legitimate
business (as defined in section 2 of the Industrial Hemp
Banking Act), the report shall comply with appropriate guidance
issued by the Financial Crimes Enforcement Network. The
Secretary shall ensure that the guidance is consistent with the
purpose and intent of the Industrial Hemp Banking Act and does
not inhibit the provision of financial services to an
industrial hemp legitimate business in a State or political
subdivision of a State that allows for industrial hemp
legitimate businesses.''.
(e) Definitions.--In this section:
(1) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(2) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the National Credit Union
Administration, or any Federal agency or department that
regulates banking or financial services, as determined by the
Secretary of the Treasury.
(3) Financial service.--The term ``financial service''
means a financial product or service as defined in section 1002
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5481).
(4) Industrial hemp legitimate business.--The term
``industrial hemp legitimate business'' means--
(A) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a State department of agriculture that
carries out an agricultural pilot program or other
agricultural or academic research under which such
institution of higher education or State department of
agriculture, either itself or through a third party--
(i) grows or cultivates industrial hemp for
purposes of research, and such research
actually occurs; and
(ii) such growing or cultivation is carried
out pursuant to the laws of the State in which
such institution of higher education or State
department of agriculture is located;
(B) a third party that produces, manufactures,
sells, purchases, or transports industrial hemp
pursuant to, or otherwise participates in, a program or
research described under subparagraph (A); and
(C) a person that engages in commerce with
industrial hemp products that are exempted from the
definition of a controlled substance under the
Controlled Substances Act.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, and any
territory or possession of the United States.
(6) Agricultural act of 2014 definitions.--The terms
``agricultural pilot program'', ``industrial hemp'', and
``State department of agriculture'' have the meanings given
those terms, respectively, under section 7606(b) of the
Agricultural Act of 2014 (7 U.S.C. 5940(b)). | Industrial Hemp Banking Act This bill prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate industrial hemp business; (2) prohibiting or otherwise discouraging a depository institution from offering financial services to such a business; (3) recommending, incentivizing, or encouraging a depository institution not to offer financial services to an account holder solely because the account holder is affiliated with such a business; or (4) taking any adverse or corrective supervisory action on a loan made to a person solely because the person either owns such a business or owns real estate or equipment leased to such a business. As specified by the bill, a depository institution shall not, under federal law, be liable or subject to forfeiture for providing financial services to a legitimate industrial hemp business. | {"src": "billsum_train", "title": "Industrial Hemp Banking Act"} | 1,484 | 252 | 0.71247 | 2.207773 | 1.039895 | 2.483871 | 8.774194 | 0.858065 |
SECTION 1. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH
PROFICIENCY.
(a) HUD Responsibilities.--To allow the Department of Housing and
Urban Development to better serve persons with limited proficiency in
the English language by providing technical assistance to recipients of
Federal funds, the Secretary of Housing and Urban Development shall
take the following actions:
(1) Task force.--Within 90 days after the date of enactment
of this Act, convene a task force comprised of appropriate
industry groups, recipients of funds from the Department of
Housing and Urban Development (in this section referred to as
the ``Department''), community-based organizations that serve
individuals with limited English proficiency, civil rights
groups, and stakeholders, which shall identify a list of vital
documents, including Department and certain property and other
documents, to be competently translated to improve access to
federally conducted and federally assisted programs and
activities for individuals with limited English proficiency.
The task force shall meet not less frequently than twice per
year.
(2) Translations.--Within 6 months after identification of
documents pursuant to paragraph (1), produce translations of
the documents identified in all necessary languages and make
such translations available as part of the library of forms
available on the website of the Department and as part of the
clearinghouse developed pursuant to paragraph (4).
(3) Plan.--Develop and carry out a plan that includes
providing resources of the Department to assist recipients of
Federal funds to improve access to programs and activities for
individuals with limited English proficiency, which plan shall
include the elements described in paragraph (4).
(4) Housing information resource center.--Develop and
maintain a housing information resource center to facilitate
the provision of language services by providers of housing
services to individuals with limited English proficiency.
Information provided by such center shall be made available in
printed form and through the Internet. The resources provided
by the center shall include the following:
(A) Translation of written materials.--The center
may provide, directly or through contract, vital
documents from competent translation services for
providers of housing services.
(B) Toll-free customer service telephone number.--
The center shall provide a 24-hour toll-free
interpretation service telephone line, by which
recipients of funds of the Department and individuals
with limited English proficiency may--
(i) obtain information about federally
conducted or federally assisted housing
programs of the Department;
(ii) obtain assistance with applying for or
accessing such housing programs and
understanding Federal notices written in
English; and
(iii) communicate with housing providers,
and learn how to access additional language
services.
The toll-free telephone service provided pursuant to
this subparagraph shall supplement resources in the
community identified by the plan developed pursuant to
paragraph (3).
(C) Document clearinghouse.--The center shall
collect and evaluate for accuracy or develop, and make
available, templates and documents that are necessary
for consumers, relevant industry representatives, and
other stakeholders of the Department, to access, make
educated decisions, and communicate effectively about
their housing, including--
(i) administrative and property documents;
(ii) legally binding documents;
(iii) consumer education and outreach
materials;
(iv) documents regarding rights and
responsibilities of any party; and
(v) remedies available to consumers.
(D) Study of language assistance programs.--The
center shall conduct a study that evaluates best-
practices models for all programs of the Department
that promote language assistance and strategies to
improve language services for individuals with limited
English proficiency. Not later than 18 months after the
date of the enactment of this Act, the center shall
submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives,
which shall provide recommendations for implementation,
specific to programs of the Department, and information
and templates that could be made available to all
recipients of grants from the Department.
(E) Cultural and linguistic competence materials.--
The center shall provide information relating to
culturally and linguistically competent housing
services for populations with limited English
proficiency.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Housing and Urban Development shall submit a report regarding its
compliance with the requirements under subsection (a) to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representative. | Directs the Secretary of Housing and Urban Development to take specified actions to allow the Department of Housing and Urban Development (HUD) to better serve persons with limited English proficiency by providing technical assistance to recipients of federal funds.
Requires the Secretary to convene a task force to identify vital documents for translation to improve the access of such individuals to federally conducted and federally assisted programs and activities.
Requires the Secretary to: (1) produce such translations and make them available on the HUD website; (2) develop and carry out a plan for providing HUD resources to assist federal funds recipients to improve the access of such individuals to programs and activities; and (3) develop a housing information resource center, with a 24-hour toll-free interpretation service telephone line, which may provide vital documents from competent translation services for housing services providers.
Requires the center to: (1) operate a document clearinghouse; (2) evaluate best-practices models; and (3) provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency. | {"src": "billsum_train", "title": "A bill to allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds."} | 980 | 222 | 0.71352 | 2.133457 | 1.087634 | 3.256039 | 4.599034 | 0.94686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Democratic
Institutions Act of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) An elected legislature that represents a nation's
citizens is a critical element of a democratic government that
is accountable to its people.
(2) The drafting of effective legislation requires
legislative staff who possess substantive expertise in relevant
subject matters.
(3) Legislative oversight of governmental policies,
programs, and budgets--steps that are imperative to ensure good
governance, prevent waste and abuse, and guarantee effective
use of state resources--similarly requires legislative staff
who have technical expertise needed to exercise effective
oversight.
(4) Many new and emerging democracies, burdened by the
legacy of oppressive and autocratic regimes, struggle to reform
their government institutions, develop wise laws, implement
sound policies, and ensure that the power of the state is used
to enhance political freedoms, economic well-being, and social
welfare.
(5) It is in the interests of the United States to promote
sound lawmaking and government accountability in countries that
have political, economic, and security relations with the
United States.
(6) A cadre of professional legislative staff trained in
public policy, national security affairs, and legislative
procedure is essential for the development of sound legislation
and the exercise of effective legislative oversight over
government operations.
(7) Legislative staff who have developed substantive
expertise in one or more areas of public policy and gained a
thorough understanding of democratic legislative procedures
will raise the level of public debate in their societies and
encourage a more open discussion of political, economic, and
social issues between and among political leaders and ordinary
citizens.
(8) Such staff members, even should they leave the employ
of their country's legislature, are likely to remain active,
prominent, and well-informed members of their nations' civil
service, defense establishments, or political systems and will
in this manner continue to promote democracy in their own
country and thus the national interest of the United States
abroad.
SEC. 3. ESTABLISHMENT OF INTERNATIONAL LEGISLATIVE STAFF TRAINING
PROGRAM.
(a) Establishment.--The Secretary of State shall establish a
program that will encourage the professionalization of legislative
staff working for foreign legislative bodies and elected members of
such bodies. The program shall bring foreign legislative staff to the
United States for seminars, workshops, discussions, and meetings
concerning techniques, standards, and practices of professional
legislative staff work. To the extent possible, the program shall
include close observation of the legislative process and the role of
professional legislative staff in the Congress of the United States.
(b) Activities.--
(1) The program shall include seminars, workshops,
discussions, and other activities concerning the following:
(A) The role of a legislature in a democratic
system.
(B) Executive-legislative relations.
(C) The role of constituents, lobbyists,
nongovernmental organizations, political parties, the
media, and other stakeholders in the legislative
process.
(D) Contemporary policy issues being addressed in
the United States by Congress.
(E) The value of a career as professional
legislative staff.
(2) The program shall include meetings and contact with--
(A) academics, think tank scholars, and other
appropriate experts on executive-legislative relations,
policy issues being addressed by the Congress, and the
role of a legislature in a democratic system;
(B) Members of Congress, congressional committee
staff, congressional staff, and others knowledgeable
about the legislative process;
(C) officials from executive branch agencies with
experience in policy issues and executive-legislative
relations;
(D) individuals working in the legislative and
executive branches of the United States Government;
(E) journalists who report on congressional
activities; and
(F) members and staff of State legislatures, as
appropriate.
(c) Participants.--
(1) In the selection of individuals to participate in the
program under this section, the Secretary of State shall
consider only individuals from countries which--
(A) have a legislature whose members have been
elected in elections that are generally regarded as
having been free and fair;
(B) have a legislature that possesses a
constitutional or legal authority to draft, approve, or
otherwise substantively affect legislation on a wide
range of policy issues, including budgetary matters;
(C) are not considered state sponsors of terrorism.
(2) The Secretary of State shall give priority
consideration to the participation of individuals from
countries whose legislatures employ relatively few professional
staff and whose nascent democratic institutions would
especially benefit from the professionalization of the staff.
(3) The Secretary of State shall make every effort to
select as participants in this program individuals who
demonstrate a commitment to a career in public policy,
international affairs, defense, or public sector budgetary
matters.
(d) Administration.--
(1) The Secretary of State shall administer the program
under this section through the Assistant Secretary of State for
Educational and Cultural Affairs in consultation with the
Assistant Secretary of State for Democracy, Human Rights, and
Labor.
(2) The Secretary may enter into one or more contracts with
private or nonprofit organizations having an expertise in the
fostering of democratic institutions for the administration of
the program under this section. The Secretary may enter into
such contracts without regard to any any provision of law
requiring the use of competitive procedures.
(e) Definitions.--In this section the term ``elections that are
generally regarded as having been free and fair'' refers to an
electoral process that is generally regarded by the United States and
the international community as being open and democratic and governed
by the principles of free and open debate and informed citizen
participation.
(f) Authorization of Appropriations.--For the fiscal year 2003 and
for each subsequent fiscal year, there are authorized to be
appropriated $3,000,000 to carry out this section. Funds appropriated
pursuant to the authorization of appropriations under this subsection
are authorized to remain available until expended.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that Members of Congress should
support the program established under section 2 to the greatest extent
possible by providing for the involvement of professional legislative
staff from their offices in seminars, meetings, and other activities
organized for the benefit of participants in the program. | Strengthening Democratic Institutions Act of 2002 - Establishes an international legislative staff training program that will bring legislative staff working for foreign legislative bodies and their elected members to the United States for seminars, workshops, discussions, and meetings concerning techniques, standards, and practices of professional legislative staff work, including, to the extent possible, close observation of the legislative process and the role of such staff in Congress. | {"src": "billsum_train", "title": "To strengthen democratic institutions and promote good governance overseas by contributing to the development of professional legislative staff."} | 1,326 | 83 | 0.609062 | 1.734405 | 1.064325 | 5.881579 | 17.460526 | 0.986842 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop Government
Abuse Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMON SENSE IN COMPENSATION
Sec. 101. Definitions.
Sec. 102. Limitations.
Sec. 103. Regulations.
TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY
Sec. 201. Suspension for 14 days or less for Senior Executive Service
employees.
Sec. 202. Investigative leave and termination authority for Senior
Executive Service employees.
Sec. 203. Suspension of Senior Executive Service employees.
Sec. 204. Misappropriation of funds amendments.
TITLE III--CITIZEN EMPOWERMENT
Sec. 301. Amendments.
TITLE I--COMMON SENSE IN COMPENSATION
SEC. 101. DEFINITIONS.
For purposes of this title--
(1) the term ``employee'' means an employee (as defined by
section 2105(a) of title 5, United States Code) holding a
position in or under an Executive agency;
(2) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code;
(3) the term ``discretionary monetary payment'' means--
(A) any award or other monetary payment under
chapter 45, or section 5753 or 5754, of title 5, United
States Code; and
(B) any step-increase under section 5336 of title
5, United States Code;
(4) the term ``covered compensation'', as used with respect
to an employee in connection with any period, means the sum
of--
(A) the basic pay, and
(B) any discretionary monetary payments (excluding
basic pay),
payable to such employee during such period;
(5) the term ``basic pay'' means basic pay for service as
an employee; and
(6) the term ``sequestration period'' means a period
beginning on the first day of a fiscal year in which a
sequestration order with respect to discretionary spending or
direct spending is issued under section 251A or section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985
and ending on the last day of the fiscal year to which the
sequestration order applies.
SEC. 102. LIMITATIONS.
(a) In General.--Notwithstanding any other provision of law--
(1) no discretionary monetary payment may be made to an
employee during any sequestration period to the extent that
such payment would cause in a fiscal year the total covered
compensation of such employee for such fiscal year to exceed
105 percent of the total amount of basic pay payable to such
individual (before the application of any step-increase in such
fiscal year under section 5336 of title 5, United States Code)
for such fiscal year; and
(2) except as provided in subsection (b), during any
sequestration period, an agency may not pay a performance award
under section 5384 of title 5, United States Code, to the
extent that such payment would cause the number of employees in
the agency receiving such award during such period to exceed 33
percent of the total number of employees in the agency eligible
to receive such award during such period.
(b) Waivers.--For the purposes of any sequestration period--
(1) the head of any agency may, subject to approval by the
Director of the Office of Personnel Management, waive the
requirements of subsection (a)(2); and
(2) the head of any agency may waive the requirements of
subsection (a)(1) with respect to any employee if the
requirements of such subsection would violate the terms of a
collective bargaining agreement covering such employee, except
that this paragraph shall not apply to any employee covered by
a collective bargaining agreement that is renewed on or after
the date of enactment of this title.
(c) Notification.--In the case of an agency for which the Director
of the Office of Personnel Management grants a waiver under subsection
(b)(1), the agency shall notify the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate of the
percentage of career appointees receiving performance awards under
section 5384 of title 5, United States Code, and the dollar amount of
each performance award.
(d) Application.--This section shall apply to any discretionary
monetary payment or performance award under section 5384 of title 5,
United States Code, made on or after the date of enactment of this
title.
SEC. 103. REGULATIONS.
The Office of Personnel Management may prescribe regulations to
carry out this title.
TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY
SEC. 201. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES.
Paragraph (1) of section 7501 of title 5, United States Code, is
amended to read as follows:
``(1) `employee' means--
``(A) an individual in the competitive service who
is not serving a probationary or trial period under an
initial appointment or who has completed 1 year of
current continuous employment in the same or similar
positions under other than a temporary appointment
limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
Service who--
``(i) has completed the probationary period
prescribed under section 3393(d); or
``(ii) was covered by the provisions of
subchapter II of this chapter immediately
before appointment to the Senior Executive
Service;''.
SEC. 202. INVESTIGATIVE LEAVE AND TERMINATION AUTHORITY FOR SENIOR
EXECUTIVE SERVICE EMPLOYEES.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES
``Sec. 7551. Definitions
``For the purposes of this subchapter--
``(1) `employee' has the meaning given such term in section
7541; and
``(2) `investigative leave' means a temporary absence
without duty for disciplinary reasons, of a period not greater
than 90 days.
``Sec. 7552. Actions covered
``This subchapter applies to investigative leave.
``Sec. 7553. Cause and procedure
``(a)(1) Under regulations prescribed by the Office of Personnel
Management, an agency may place an employee on investigative leave,
without loss of pay and without charge to annual or sick leave, only
for misconduct, neglect of duty, malfeasance, or misappropriation of
funds.
``(2) If an agency determines, as prescribed in regulation by the
Office of Personnel Management, that such employee's conduct is
flagrant and that such employee intentionally engaged in such conduct,
the agency may place such employee on investigative leave under this
subchapter without pay.
``(b)(1) At the end of each 45-day period during a period of
investigative leave implemented under this section, the relevant agency
shall review the investigation into the employee with respect to the
misconduct, neglect of duty, malfeasance, or misappropriation of funds.
``(2) Not later than 5 business days after the end of each such 45-
day period, the agency shall submit a report describing such review to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
``(3) At the end of a period of investigative leave implemented
under this section, the agency shall--
``(A) remove an employee placed on investigative leave
under this section;
``(B) suspend such employee without pay; or
``(C) reinstate or restore such employee to duty.
``(4) The agency may extend the period of investigative leave with
respect to an action under this subchapter for an additional period not
to exceed 90 days.
``(c) An employee against whom an action covered by this subchapter
is proposed is entitled to, before being placed on investigative leave
under this section--
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines, as prescribed in
regulation by the Office of Personnel Management, that
the employee's conduct with respect to which an action
covered by this subchapter is proposed is flagrant and
that such employee intentionally engaged in such
conduct;
``(2) a reasonable time, but not less than 7 days, to
answer orally and in writing and to furnish affidavits and
other documentary evidence in support of the answer;
``(3) be represented by an attorney or other
representative; and
``(4) a written decision and specific reasons therefor at
the earliest practicable date.
``(d) An agency may provide, by regulation, for a hearing which may
be in lieu of or in addition to the opportunity to answer provided
under subsection (c)(2).
``(e) An employee against whom an action is taken under this
section is entitled to appeal to the Merit Systems Protection Board
under section 7701.
``(f) Copies of the notice of proposed action, the answer of the
employee when written, and a summary thereof when made orally, the
notice of decision and reasons therefor, and any order effecting an
action covered by this subchapter, together with any supporting
material, shall be maintained by the agency and shall be furnished to
the Merit Systems Protection Board upon its request and to the employee
affected upon the employee's request.
``SUBCHAPTER VII--REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES
``Sec. 7561. Definition
``For purposes of this subchapter, the term `employee' has the
meaning given such term in section 7541.
``Sec. 7562. Removal of Senior Executive Service employees
``(a) Notwithstanding any other provision of law and consistent
with the requirements of subsection (b), the head of an agency may
remove an employee for serious neglect of duty, misappropriation of
funds, or malfeasance if the head of the agency--
``(1) determines that the employee knowingly acted in a
manner that endangers the interest of the agency mission;
``(2) considers the removal to be necessary or advisable in
the interests of the United States; and
``(3) determines that the procedures prescribed in other
provisions of law that authorize the removal of such employee
cannot be invoked in a manner that the head of an agency
considers consistent with the efficiency of the Government.
``(b) An employee may not be removed under this section--
``(1) on any basis that would be prohibited under--
``(A) any provision of law referred to in section
2302(b)(1); or
``(B) paragraphs (8) or (9) of section 2302(b); or
``(2) on any basis, described in paragraph (1), as to which
any administrative or judicial proceeding--
``(A) has been commenced by or on behalf of such
employee; and
``(B) is pending.
``(c) An employee removed under this section shall be notified of
the reasons for such removal. Within 30 days after the notification,
the employee is entitled to submit to the official designated by the
head of the agency statements or affidavits to show why the employee
should be restored to duty. If such statements and affidavits are
submitted, the head of the agency shall provide a written response, and
may restore the employee's employment if the head of the agency
chooses.
``(d) Whenever the head of the agency removes an employee under the
authority of this section, the head of the agency shall notify Congress
of such termination, and the specific reasons for the action.
``(e) An employee against whom an action is taken under this
section is entitled to appeal to the Merit Systems Protection Board
under section 7701 of this title.
``(f) Copies of the notice of proposed action, the answer of the
employee when written, and a summary thereof when made orally, the
notice of decision and reasons therefor, and any order effecting an
action covered by this subchapter, together with any supporting
material, shall be maintained by the agency and shall be furnished to
the Merit Systems Protection Board upon its request and to the employee
affected upon the employee's request.
``(g) A removal under this section does not affect the right of the
employee affected to seek or accept employment with any other
department or agency of the United States if that employee is declared
eligible for such employment by the Director of the Office of Personnel
Management.
``(h) The authority of the head of the agency under this section
may not be delegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of title 5, United States Code, is amended by adding after
the item relating to section 7543 the following:
``subchapter vi--investigative leave for senior executive service
employees
``7551. Definitions.
``7552. Actions covered.
``7553. Cause and procedure.
``subchapter vii--removal of senior executive service employees
``7561. Definition.
``7562. Removal of Senior Executive Service employees.''.
SEC. 203. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES.
Section 7543 of title 5, United States Code, is amended--
(1) in subsection (a), by inserting ``misappropriation of
funds,'' after ``malfeasance,''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines, as prescribed in
regulation by the Office of Personnel Management, that
the employee's conduct with respect to which an action
covered by this subchapter is proposed is flagrant and
that such employee intentionally engaged in such
conduct;''.
SEC. 204. MISAPPROPRIATION OF FUNDS AMENDMENTS.
(a) Reinstatement in the Senior Executive Service.--Section 3593 of
title 5, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``misappropriation
of funds,'' after ``malfeasance,''; and
(2) in subsection (b), by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
(b) Placement in Other Personnel Systems.--Section 3594(a) of title
5, United States Code, is amended by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
TITLE III--CITIZEN EMPOWERMENT
SEC. 301. AMENDMENTS.
(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 79 the following:
``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC
``Sec.
``7921. Procedure for in-person and telephonic interactions conducted
by Executive Branch employees.
``Sec. 7921. Procedure for in-person and telephonic interactions
conducted by Executive Branch employees
``(a) Purpose.--The purpose of this section is to ensure that
individuals have the right to record in-person and telephonic
interactions with Executive agency employees and to ensure that
individuals who are the target of enforcement actions conducted by
Executive agency employees are notified of such right.
``(b) Definitions.--For purposes of this section--
``(1) the term `telephonic' means by telephone or other
similar electronic device; and
``(2) the term `employee' means an employee of an Executive
agency.
``(c) Consent of Executive Agency Employees.--Participation by an
employee, acting in an official capacity, in an in-person or telephonic
interaction shall constitute consent by the employee to a recording of
that interaction by any participant in the interaction.
``(d) Notice of Rights When Federal Employees Engaged in Certain
Actions.--A notice of an individual's right to record conversations
with employees shall be included in any written material provided by an
Executive agency to the individual concerning an audit, investigation,
inspection, or enforcement action that could result in the imposition
of a fine, forfeiture of property, civil monetary penalty, or criminal
penalty against, or the collection of an unpaid tax, fine, or penalty
from, such individual or a business owned or operated by such
individual.
``(e) Official Representative.--Any person who is permitted to
represent before an Executive agency an individual under this section
shall receive the same notice as required under subsection (d) with
respect to such individual.
``(f) No Cause of Action.--This section does not create any express
or implied private right of action.
``(g) Disciplinary Action.--An employee who violates this section
shall be subject to appropriate disciplinary action in accordance with
otherwise applicable provisions of law.
``(h) Public Information Concerning Right To Record.--
``(1) Posting on agency web sites.--Within 180 days after
the date of the enactment of this section, each Executive
agency shall post prominently on its Web site information
explaining the right of individuals to record interactions with
employees.
``(2) OMB guidance.--Within 90 days after the date of the
enactment of this section, the Office of Management and Budget
shall issue guidance to Executive agencies concerning
implementation of paragraph (1).''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 79 the following:
``79A. Services to members of the public.................... 7921''.
Passed the House of Representatives August 1, 2013.
Attest:
KAREN L. HAAS,
Clerk. | . Stop Government Abuse Act - Title I: Common Sense In Compensation - (Sec. 102) Prohibits the payment of certain discretionary monetary payments or performance awards to federal employees during any period of sequestration. Allows the head of an agency to waive the prohibition: (1) relating to performance awards, subject to the approval of the Director of the Office of Personnel Management (OPM); and (2) relating to discretionary payments, if such prohibition would violate the terms of a collective bargaining agreement. Title II: Government Employee Accountability - (Sec. 202) Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days. Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be flagrant and the employee engaged in such conduct intentionally. Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days. Grants an employee placed on investigative leave certain rights, including: (1) 30 days' advance written notice of, and a reasonable time (not less than 7 days) to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB). Allows an agency head to remove an SES employee for serious neglect of duty, misappropriation of funds, or malfeasance if the agency head: (1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission, (2) considers the removal to be necessary or advisable in the interests of the United States, and (3) determines that other procedures authorizing removal are not efficient. Grants such employees notice and appeal rights. (Sec. 204) Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position. Title III: Citizen Empowerment - (Sec. 301) Grants individuals who are the target of enforcement actions by executive agency employees the right to record in-person and telephonic interactions. Requires that notice of such right be included in any written material provided to an individual concerning an audit, investigation, inspection, or enforcement action that could result in civil or criminal penalties or the collection of an unpaid tax. Requires each executive agency to post on its website information explaining the right of individuals to record interactions with agency employees. | {"src": "billsum_train", "title": "Stop Government Abuse Act"} | 4,224 | 726 | 0.602201 | 2.035036 | 0.647194 | 4.470126 | 5.946541 | 0.941824 |
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