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SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM.
(a) Production Certificates.--The additional U.S. Note 5(h) to
chapter 91 of the Harmonized Tariff Schedule of the United States is
amended--
(1) by amending subparagraphs (i) and (ii) to read as
follows:
``(i) In the case of each calendar quarter beginning after January 1,
2001, and before January 1, 2015, the Secretaries jointly,
shall:
``(A) verify for the preceding calendar quarter both the wages
paid by each producer to permanent residents of the
insular possessions (including the value of any fringe
benefits) and the total quantity and value of watches
produced in the insular possessions and imported into
the customs territory of the United States; and
``(B) issue to each producer (not later than 30 days after the
end of the calendar quarter) a certificate for the
applicable amount.
``(ii) For purposes of subparagraph (i), except as provided in
subparagraphs (iii) and (iv), the term `applicable amount'
means an amount equal to the sum of:
``(A) 90 percent of the producer's creditable wages (including
the value of any fringe benefits) on watch assembly
during the preceding calendar quarter (but only the
first 300,000 units per calendar year); plus
``(B) the applicable graduated declining percentage (determined
each year by the Secretaries) of the producer's
creditable wages (including the value of any fringe
benefits) on the assembly during the preceding calendar
quarter for units in excess of 300,000 that calendar
year, but not in excess of 750,000 that calendar year;
plus
``(C) the difference between the duties that would have been
due on the producer's watches (excluding digital
watches) imported into the customs territory of the
United States during the preceding quarter if they had
been imported from a country eligible for normal trade
relations subject to duty at the rates set forth in
column 1 under this chapter that were in effect on
January 1, 2000, and the duties that would have been
due on those watches if they had been imported from the
same country under the tariffs in effect for the
preceding calendar quarter.''; and
(2) by amending subparagraph (v) to read as follows:
``(v)(A) Any certificate issued under subparagraph (i) shall entitle
the certificate holder to secure the refund of duties equal to
the face value of the certificate on watches, watch movements
and, with the exception of discrete cases, parts therefor
imported into the customs territory of the United States by the
certificate holder. Such refunds shall be made under
regulations issued by the Treasury Department. Not more than 5
percent of such refunds may be retained as a reimbursement to
the Customs Service for the administrative costs of making the
refunds. If the Secretary of the Treasury determines that there
is an insufficient level of duties from watch and watch-related
tariffs, the Secretary may authorize refunds of duties
collected on jewelry under chapter 71 or any other duties that
the Secretary determines are appropriate.
``(B) At the election of the certificate holder and upon making the
certification described in this clause, the Secretary of the
Treasury shall pay to the holder the face value of the
certificate, less the value of (1) any duty refund claimed by
the holder under the certificate, plus (2) a discount of not
more than 2 percent of the face value of the certificate, as
determined by the Secretary of the Treasury. A certificate
holder shall not be eligible for direct payment under this
clause unless the certificate holder certifies to the
Secretaries that the funds received will be reinvested or
utilized to support and continue employment in the Virgin
Islands.
``(C) The Secretary of the Treasury is authorized to make the payments
provided for in clause (B) from duties collected on watches,
watch movements and, with the exception of discrete cases,
parts therefor. If such duties are insufficient, the Secretary
of the Treasury is authorized to make those payments from
duties collected on jewelry under chapter 71 or any other
duties that the Secretary determines are appropriate.''.
(b) Jewelry.--Additional U.S. Note to chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by redesignating paragraphs (b), (c), (d), and (e) as
paragraphs (c), (d), (e), and (f), respectively;
(2) by inserting after paragraph (a) the following new
paragraph:
``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B)
to chapter 91 shall not apply to articles of jewelry subject to
this note.''; and
(3) by striking paragraph (f), as so redesignated, and
inserting the following:
``(f) Notwithstanding any other provision of law, prior to February 9,
2003, any article of jewelry provided for in heading 7113 that
is assembled in the Virgin Islands, Guam, or American Samoa
shall be treated as a product of the Virgin Islands, Guam, or
American Samoa for purposes of this note and General Note
3(a)(iv) of this Schedule.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect on April 1, 2001,
with respect to goods imported into the customs territory of the United
States on or after January 1, 2001. | Directs the Secretary of the Treasury, at the election of the certificate holder, to pay to the holder the face value of the certificate, less the value of any duty refund claimed by the holder under the certificate, plus a discount of not more than two percent of the face value of the certificate as determined by the Secretary of the Treasury. | {"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule of the United States with respect to the production incentive certificate program for watch and jewelry producers in the United States Virgin Islands, Guam, and American Samoa."} | 1,193 | 73 | 0.372761 | 1.031212 | 0.154079 | 6.223881 | 17.044776 | 0.970149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MEJA Expansion and Enforcement Act
of 2007''.
SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL.
(a) Clarification of the Military Extraterritorial Jurisdiction
Act.--
(1) Inclusion of contractors.--Subsection (a) of section
3261 of title 18, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the comma at the end of paragraph
(2) and inserting ``; or''; and
(C) by inserting after paragraph (2) the following:
``(3) while employed under a contract (or subcontract at
any tier) awarded by any department or agency of the United
States, where the work under such contract is carried out in an
area, or in close proximity to an area (as designated by the
Department of Defense), where the Armed Forces is conducting a
contingency operation,''.
(2) Definition.--Section 3267 of title 18, United States
Code, is amended by adding at the end the following:
``(5) The term `contingency operation' has the meaning
given such term in section 101(a)(13) of title 10.''.
(b) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Justice shall submit to Congress a report in
accordance with this subsection.
(2) Content of report.--The report under paragraph (1)
shall include--
(A) a description of the status of Department of
Justice investigations of alleged violations of section
3261 of title 18, United States Code, to have been
committed by contract personnel, which shall include--
(i) the number of complaints received by
the Department of Justice;
(ii) the number of investigations into
complaints opened by the Department of Justice;
(iii) the number of criminal cases opened
by the Department of Justice; and
(iv) the number and result of criminal
cases closed by the Department of Justice;
(B) findings and recommendations about the number
of criminal cases prosecuted by the Department of
Justice involving violations of section 3261 of title
18, United States Code; and
(C) with respect to covered contracts where the
work under such contracts is carried out in Iraq or
Afghanistan--
(i) a list of each charge brought against
contractors or contract personnel performing
work under such a covered contract, including--
(I) a description of the offense
with which a contractor or contract
personnel were charged; and
(II) the disposition of such
charge; and
(ii) a description of any legal actions
taken by the United States Government against
contractors or contract personnel as a result
of--
(I) a criminal charge brought
against such contractors or contract
personnel; or
(II) a complaint received regarding
the activities of such contractors or
contract personnel.
(3) Format of report.--The report under paragraph (1) shall
be submitted in unclassified format, but may contain a
classified annex as appropriate.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR
CONTINGENCY OPERATIONS.
(a) Establishment of Theater Investigative Unit.--The Director of
the Federal Bureau of Investigation shall ensure that there are
adequate personnel through the creation of Theater Investigative Units
to investigate allegations of criminal violations of section 3261 of
title 18, United States Code, by contract personnel.
(b) Responsibilities of Theater Investigative Unit.--The Theater
Investigative Unit established for a theater of operations shall--
(1) investigate reports that raise reasonable suspicion of
criminal misconduct by contract personnel;
(2) investigate reports of fatalities resulting from the
potentially unlawful use of force by contract personnel; and
(3) upon conclusion of an investigation of alleged criminal
misconduct, refer the case to the Attorney General of the
United States for further action, as appropriate in the
discretion of the Attorney General.
(c) Responsibilities of Federal Bureau of Investigation.--
(1) Resources.--The Director of the Federal Bureau of
Investigation shall ensure that each Theater Investigative Unit
has adequate resources and personnel to carry out its
responsibilities.
(2) Notification.--The Director of the Federal Bureau of
Investigation shall notify Congress whenever a Theater
Investigative Unit is established or terminated in accordance
with this section.
(3) Security.--The Director of the Federal Bureau of
Investigation shall request security assistance from the
Secretary of Defense in any case in which a Theater
Investigative Unit does not have the resources or is otherwise
unable to provide adequate security to ensure the safety of
such Unit. The Director may not request or provide for security
for a Theater Investigate Unit from any individual or entity
other than the Federal Bureau of Investigation or the Secretary
of Defense.
(d) Assistance on Request of Attorney General.--In consultation
with the Director of the Federal Bureau of Investigation, the Attorney
General may request assistance from the Secretary of State, the
Secretary of Defense, the Secretary of Homeland Security, or the head
of any other Executive agency, notwithstanding any statute, rule, or
regulation to the contrary, including the assignment of additional
personnel and resources to a Theater Investigative Unit.
(e) Annual Report.--Not later than one year after the date on which
the Director of the Federal Bureau of Investigation ensures compliance
with the provisions of this Act pursuant to section 5(c), and annually
thereafter, the Director of the Federal Bureau of Investigation shall
submit to Congress a report containing--
(1) the number of reports received by Theater Investigative
Units relating to suspected criminal misconduct by contractors
or contract personnel;
(2) the number of reports received by Theater Investigative
Units relating to fatalities resulting from the use of force by
contractors or contract personnel;
(3) the number of cases referred by Theater Investigative
Units to the Attorney General for further investigation or
other action; and
(4) any recommended changes to Federal law that the
Director considers necessary to perform the duties of the
Director under this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered contract.--The term ``covered contract'' means
an agreement--
(A) that is--
(i) a prime contract awarded by an agency;
(ii) a subcontract at any tier under any
prime contract awarded by an agency; or
(iii) a task order issued under a task or
delivery order contract entered into by an
agency; and
(B) according to which the work under such
contract, subcontract, or task order is carried out in
a region outside the United States in which the Armed
Forces are conducting a contingency operation.
(2) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(3) Contingency operation.--The term ``contingency
operation'' has the meaning given the term section 101(13) of
title 10, United States Code.
(4) Contractor.--The term ``contractor'' means an entity
performing a covered contract.
(5) Contract personnel.--The term ``contract personnel''
means persons assigned by a contractor (including
subcontractors at any tier) to perform work under a covered
contract.
SEC. 5. EFFECTIVE DATE.
(a) Applicability.--The provisions of this Act shall apply to all
covered contracts and all covered contract personnel in which the work
under the contract is carried out in an area, or in close proximity to
an area (as designated by the Department of Defense), where the Armed
Forces is conducting a contingency operation on or after the date of
the enactment of this Act.
(b) Immediate Effectiveness.--The provisions of this Act shall
enter into effect immediately upon the enactment of this Act.
(c) Implementation.--With respect to covered contracts and covered
contract personnel discussed in subsection (a)(1), the Director of the
Federal Bureau of Investigation, and the head of any other agency to
which this Act applies, shall have 90 days after the date of the
enactment of this Act to ensure compliance with the provisions of this
Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect intelligence
activities that are otherwise permissible prior to the enactment of
this Act.
Passed the House of Representatives October 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | MEJA Expansion and Enforcement Act of 2007 - Provides that persons who, while employed under a federal agency contract in, or in close proximity to, an area where the Armed Forces are conducting a contingency operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction, shall be punished as provided for that offense.
Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on: (1) the status of DOJ's investigations of alleged violations committed by contract personnel; (2) findings and recommendations about the number of criminal cases prosecuted by DOJ involving such violations; and (3) with respect to covered contracts where the work is carried out in Iraq or Afghanistan, a list of each charge brought against contractors or contract personnel and a description of any legal actions taken by the United States as a result of such a criminal charge or a complaint.
Requires the Director of the Federal Bureau of Investigation (FBI) to ensure that there are adequate personnel, through the creation of Theater Investigative Units, to investigate allegations of such criminal violations by contract personnel. Requires such a Unit to refer a case, if appropriate, to the Attorney General for further action. Requires the Director to request security assistance from the Secretary of Defense in any case in which a Unit does not have the resources or is otherwise unable to provide adequate security to ensure its safety. Authorizes the Attorney General to request assistance from the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, or the head of any other agency, including the assignment of additional personnel and resources to a Unit.
Requires the Director to report annually to Congress on the number of reports received by Units relating to suspected criminal misconduct by contractors or to fatalities resulting from the use of force by contractors, the number of cases referred by the Units to the Attorney General for further investigation or action, and any recommended changes to federal law that the Director considers necessary to perform the duties of the Director under this Act. | {"src": "billsum_train", "title": "To require accountability for contractors and contract personnel under Federal contracts, and for other purposes."} | 1,872 | 454 | 0.62765 | 2.063103 | 0.742308 | 4.6925 | 4.3575 | 0.9275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Officers and Safer Citizens
Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) While police body worn cameras are not a panacea, they
do contribute to keeping both law enforcement officers and
citizens safer.
(2) Increasing the use of body worn cameras by law
enforcement officers has been shown by multiple studies to
significantly reduce the number of use of force incidents and
the number of citizen complaints.
(3) Increased accountability and transparency in policing
activities will benefit all our citizens, including our law
enforcement officers.
SEC. 3. GRANT PROGRAM.
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:
``PART LL--GRANT PROGRAM FOR BODY WORN CAMERAS FOR LAW ENFORCEMENT
OFFICERS
``SEC. 3021. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase body worn cameras for use by State, local,
and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of--
``(A) body worn cameras for law enforcement
officers; and
``(B) necessary initial supportive technological
infrastructure for body worn cameras for law
enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
part, the Director of the Bureau of Justice Assistance shall give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has in place a comprehensive policy that is--
``(A) developed in consultation with a broad group
of criminal justice experts and community members, and
that contains policies and procedures addressing
deployment, video capture, privacy protections,
viewing, use, release, storage, retention, the effect
on community-police interactions, and audits and
controls;
``(B) supported by a comprehensive communication
and education campaign that involves interested parties
in law enforcement, courts, prosecution, the defense
bar, civic leadership, labor organizations, victim and
juvenile advocacy, the media, and the public; and
``(C) informed by the best practices on body worn
cameras developed by the Department of Justice;
``(2) has the greatest need for body worn cameras based on
the percentage of law enforcement officers in the department
who do not have access to a body worn camera;
``(3) has a violent crime rate at or above the national
average as determined by the Bureau of Justice Statistics; and
``(4) commits to submitting such metrics on the usage of
body worn cameras, in such a format and at such a time as the
Department of Justice shall reasonably specify, for the
purposes of collecting and studying data on the effectiveness
of body worn cameras to increase safety for both law
enforcement officers and citizens.
``(d) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 75 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``SEC. 3022. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section,
including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must meet
in submitting the applications required under this section.
``SEC. 3023. DEFINITIONS.
``For purposes of this part--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.
``SEC. 3024. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $100,000,000 for each of fiscal years 2016 through 2021.
``(b) Remaining Funds.--Any amounts made available to carry out
this part that are unobligated at the end of each fiscal year, shall be
returned to the general fund of the Treasury for debt reduction.''.
SEC. 4. OFFSET.
(a) Findings.--Congress finds the following:
(1) The Office of Personnel Management allows for
administrative leave as an administratively authorized absence
from duty without loss of pay or charge to leave, but
recognizes that administrative leave is not an entitlement, and
agencies are not required to grant it.
(2) Administrative leave does not include annual leave,
maternity leave, sick leave, leave taken in accordance with the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.),
or military leave.
(3) A Government Accountability Office report on Federal
paid administrative leave detailed data from the Office of
Personnel Management that showed that from fiscal year 2011
through fiscal year 2013, about 97 percent of Federal employees
charged 20 days or less of paid administrative leave, although
some Federal employees charged between 1 and 3 years of paid
administrative leave. Further, Agency officials stated that the
most common reason for which selected employees charged amounts
relatively higher than the agency average was for personnel
matters, such as investigations into alleged misconduct.
(b) Requirement.--
(1) Definitions.--In this subsection--
(A) the term ``administrative leave'' means leave
without loss of or reduction in--
(i) pay;
(ii) leave to which an employee is
otherwise entitled; or
(iii) credit for time or service; and
(B) the term ``agency'' has the meaning given the
term ``executive agency'' under section 105 of title 5,
United States Code.
(2) Regulations.--Not later than 90 days after the date of
enactment of this Act--
(A) the Office of Personnel Management shall issue
regulations limiting administrative leave for an
employee of any agency to not more than 20 days per
year, unless approved individually by the head of the
agency; and
(B) the Office of Management and Budget shall
ensure each agency adjusts the number of employees
(determined on a full-time equivalent basis) authorized
to be employed by the agency, and each component of the
agency, to reflect lower personnel requirements due to
increased available work hours per employee. | Safer Officers and Safer Citizens Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award matching grants to states, local governments, and Indian tribes to purchase body-worn cameras. The Bureau of Justice Assistance must give preference to grant applications from jurisdictions that: (1) have comprehensive policies and procedures related to implementation of a body-worn camera program, (2) have high percentages of officers without access to body-worn cameras, (3) have violent crime rates above the national average, and (4) agree to submit metrics on the use of body-worn cameras. To offset the cost, it requires the Office of Personnel Management to issue regulations to limit administrative leave for federal employees to 20 days per year, unless approved individually by the agency head. The Office of Management and Budget must ensure each agency adjusts the number of authorized full-time equivalent employees to reflect lower personnel requirements due to increased available work hours per employee. | {"src": "billsum_train", "title": "Safer Officers and Safer Citizens Act of 2015"} | 1,755 | 209 | 0.59789 | 1.812326 | 1.124786 | 3.365854 | 8.131707 | 0.897561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sage-Grouse Accountability and
Private Conservation Act of 2014''.
SEC. 2. FINDINGS.
Congress finds that--
(1) pursuant to the court-approved work schedule described
in the Joint Motion for Approval of Settlement Agreement and
Order of Dismissal of Guardians Claims entitled ``In Re
Endangered Species Act Section 4 Deadline Litigation'' (D.D.C.
2011), not later than September 30, 2015, the Secretary is
scheduled to issue a decision on whether to proceed with
listing the greater sage-grouse as a threatened or endangered
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(2) the Federal Government, through programs of the
Department of the Interior and the Department of Agriculture,
has invested substantial funds on greater and Gunnison sage-
grouse conservation efforts to avoid the greater and Gunnison
sage-grouse being listed as threatened or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) State wildlife management agencies have prepared, and
as of the date of enactment of this Act are in the process of
implementing, greater and Gunnison sage-grouse conservation
plans to complement the conservation efforts of the Federal
Government;
(4) private investment in conservation efforts,
independently and in conjunction with Federal cost-share
conservation easement programs, has been significant;
(5) through a combination of Federal, State, and private
efforts, significant conservation progress is being made, and
further progress will be made following full implementation of
State management plans and new Federal conservation programs;
and
(6) farmers, ranchers, developers, and small businesses
need certainty, and further clarity on the likelihood of a
listing decision will provide that certainty.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. GREATER SAGE-GROUSE REPORTING REQUIREMENT.
(a) In General.--Not later than December 15, 2014, the Secretary
shall submit to the appropriate committees of Congress a report on the
status of greater sage-grouse conservation efforts.
(b) Contents.--In the report required under subsection (a), the
Secretary shall include--
(1) a description of public and private programs and
expenditures, including State and Federal Government agencies,
relating to greater sage-grouse conservation;
(2) a description of State management plans, including
plans that have been announced but not yet implemented;
(3) a description of Bureau of Land Management plans, or
plans by any other land management agencies, relating to
greater sage-grouse conservation;
(4) in accordance with subsection (c), a description of the
metrics that, at the discretion of the Secretary, will be used
to make a determination of whether the greater sage-grouse
should be listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(5) any outcome under the programs, expenditures, or plans
referred to in paragraphs (1) through (3) that can be measured
by the metrics described in subsection (c); and
(6) any recommendations to Congress for legislative actions
that could provide certainty to farmers, ranchers, developers,
and small businesses and could assist in the conservation of
the greater sage-grouse.
(c) Reported Metrics.--The metrics referred to in subsection (b)(4)
may include--
(1) the quantity of acres enrolled in sagebrush and habitat
protection in conservation programs established under title XII
of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) or
other conservation programs of the Department of Agriculture,
including conservation easements, land purchases or swaps,
vegetation management or habitat enhancement programs, and
fuels management programs;
(2) data on nonfire related habitat restoration efforts,
including native, nonnative, and mixed seeding efforts;
(3) data on mine reclamation and subsequent restoration
efforts intended to restore greater sage-grouse habitat;
(4) data on conifer removal;
(5) data on presuppression fire efforts, including--
(A) the number of acres associated with fuels
management programs; and
(B) the number of miles associated with fire
breaks;
(6) data on habitat restoration, including postfire
restoration efforts involving native, nonnative, and mixed
seeding;
(7) data on structure removal, power line burial, power
line retrofitting or modification, fence modification, fence
marking, and fence removal;
(8) for livestock and rangeland management, data on
allotment closure and road closure;
(9) for travel management, data on road and trail closure
and trail rerouting;
(10) data on greater sage-grouse translocation efforts,
including the number of greater sage-grouse translocated, the
age of each translocated greater sage-grouse, and the sex of
each translocated greater sage-grouse; and
(11) any other data or metric the Secretary may examine in
making the decision on whether to list the greater sage-grouse
as a threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 5. AGRICULTURAL LAND EASEMENTS.
(a) In General.--Section 1265B(b)(2)(C)(i) of the Food Security Act
of 1985 (16 U.S.C. 3865b(b)(2)(C)(i)) is amended--
(1) by striking ``Grasslands'' and inserting ``In
general''; and
(2) by inserting ``and land with greater or Gunnison sage-
grouse habitat of special environmental significance'' after
``significance''.
(b) Considerations.--Section 1265B(b)(3)(B) of the Food Security
Act of 1985 (16 U.S.C. 3865b(b)(3)(B)) is amended--
(1) in clause (i), by striking ``and'' after the semicolon
at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) maximizing the protection of
greater or Gunnison sage-grouse habitat.''. | Sage-Grouse Accountability and Private Conservation Act of 2014 - Directs the Department of the Interior to report on the status of the greater sage-grouse conservation efforts by December 15, 2014. Requires the report to include a description of: (1) public (federal and state) and private programs and expenditures, (2) existing state management plans as well as plans that have been announced but not yet implemented, and (3) plans by land management agencies. Authorizes the Department of Agriculture (USDA) to provide funding under its agricultural land easements program for a conservation easement in an amount that is up to 75% of the value of land with greater or Gunnison sage-grouse habitat of special environmental significance. Adds maximizing the protection of that habitat as a consideration when ranking applications to the program. | {"src": "billsum_train", "title": "Sage-Grouse Accountability and Private Conservation Act of 2014"} | 1,468 | 177 | 0.562143 | 1.593686 | 0.742608 | 2.737179 | 8.166667 | 0.852564 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Construction Fund Qualified
Withdrawal Act of 2002''.
SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE
RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS.
(a) In General.--Section 607(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1177(a)) is amended by adding at the end the following:
``Any agreement entered into under this section may be modified for the
purpose of encouraging the sustainability of the fisheries of the
United States by making the termination and withdrawal of a capital
construction fund a qualified withdrawal if done in exchange for the
retirement of the related commercial fishing vessels and related
commercial fishing permits.''.
(b) New Qualified Withdrawals.--
(1) Amendments to merchant marine act, 1936.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1177(f)(1)) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b));
``(E) in the case of any such person or shareholder
for whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3) of the
Internal Revenue Code of 1986) to such person's or
shareholder's individual retirement plan (as defined in
section 7701(a)(37) of such Code); or
``(F) the payment to a person or corporation
terminating a capital construction fund for whose
benefit the fund was established and retiring related
commercial fishing vessels and permits.''.
(2) Secretary to ensure retirement of vessels and
permits.--The Secretary of Commerce by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 607(f)(1)(F) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F))
retires the related commercial use of fishing vessels and
commercial fishery permits.
(c) Conforming Amendments.--
(1) In general.--Section 7518(e)(1) of the Internal Revenue
Code of 1986 (relating to purposes of qualified withdrawals) is
amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(C) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(D) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a);
``(E) in the case of any person or shareholder for
whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3)) to such
person's or shareholder's individual retirement plan
(as defined in section 7701(a)(37)); or
``(F) the payment to a person terminating a capital
construction fund for whose benefit the fund was
established and retiring related commercial fishing
vessels and permits.''.
(2) Secretary to ensure retirement of vessels and
permits.--The Secretary of the Treasury by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 7518(e)(1)(F) of the
Internal Revenue Code of 1986 retires the related commercial
use of fishing vessels and commercial fishery permits referred
to therein.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to withdrawals made
after the date of enactment of this Act. | Capital Construction Fund Qualified Withdrawal Act of 2002 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) retiring an owner's commercial fishing vessels and related commercial fishing permits; (2) making a rollover contribution into an owner's individual retirement plan; and (3) making a payment of an industry fee authorized by the fishing capacity reduction program. | {"src": "billsum_train", "title": "To provide for qualified withdrawals from the Capital Construction Fund for fishermen leaving the industry and for the rollover of Capital Construction Funds to individual retirement plans."} | 1,070 | 97 | 0.626496 | 1.467787 | 1.180058 | 2.786517 | 9.921348 | 0.898876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2001''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Section 221 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 221. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to--
``(1) the qualified higher education expenses, and
``(2) interest on qualified higher education loans,
paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Per student.--The aggregate payments during the
taxable year for the qualified higher education expenses of
each individual which may be taken into account under
subsection (a) shall not exceed $10,000.
``(2) Per taxpayer.--The amount allowed as a deduction
under subsection (a) for the taxable year shall not exceed
$20,000.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) shall be reduced (but not below zero) by the amount
determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $55,000 ($85,000 in the case
of a joint return), bears to
``(ii) $15,000.
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219, 220, and 469.
For purposes of the sections referred to in clause
(ii), adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 2002, the $55,000 and
$85,000 amounts described in subparagraph (B)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $5,000,
such amount shall be rounded to the next lowest
multiple of $5,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) tuition and fees charged by an
educational institution and required for the
enrollment or attendance of--
``(I) the taxpayer,
``(II) the taxpayer's spouse,
``(III) any dependent of the
taxpayer with respect to whom the
taxpayer is allowed a deduction under
section 151, or
``(IV) any grandchild of the
taxpayer,
as an eligible student at an institution of
higher education, and
``(ii) room and board for such an
individual while away from home and attending
such institution.
``(B) Eligible courses.--Amounts paid for qualified
higher education expenses of any individual shall be
taken into account under subsection (a) only to the
extent such expenses are attributable to courses of
instruction for which credit is allowed toward a
baccalaureate or graduate degree by an institution of
higher education or toward a certificate of required
course work at a vocational school.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Qualified Higher Education Loan.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
loan' means a loan which is--
``(A) made, insured, or guaranteed by the Federal
Government,
``(B) made by a State or a political subdivision of
a State,
``(C) made from the proceeds of a qualified student
loan bond under section 144(b), or
``(D) made by an institution of higher education
(as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a))).
``(2) Limitation.--The amount of interest on a qualified
higher education loan which is taken into account under
subsection (a)(2) shall not exceed the amount which bears the
same ratio to such amount of interest as--
``(A) the proceeds from such loan used for
qualified higher education expenses, bears to
``(B) the total proceeds from such loan.
For purposes of the preceding sentence, the term `qualified
higher education expenses' shall be determined without regard
to subsection (c)(1)(A)(i)(IV).
``(e) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction is allowable to the taxpayer under any other
provision of this chapter unless the taxpayer
irrevocably waives his right to the deduction of such
expense under such other provision.
``(B) Denial of deduction if credit elected.--No
deduction shall be allowed under subsection (a) for a
taxable year with respect to the qualified higher
education expenses of an individual if the taxpayer
elects to have section 25A apply with respect to such
individual for such year.
``(C) Dependents.--No deduction shall be allowed
under subsection (a) 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.
``(D) Coordination with exclusions.--A deduction
shall be allowed under subsection (a) for qualified
higher education expenses only to the extent the amount
of such expenses exceeds the amount excludable under
section 135 or 530(d)(2) for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for qualified higher education
expenses for any taxable year only to the extent such
expenses are in connection with enrollment at an
institution of higher education during the taxable
year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) or (d)(2)
with respect to the education of an individual shall be reduced
(before the application of subsection (b)) by the sum of the
amounts received with respect to such individual for the
taxable year as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Paragraph (17) of section 62(a) of such Code is amended to read as
follows:
``(17) Higher education expenses.--The deduction allowed by
section 221.''
(c) Conforming Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221 and inserting the following new item:
``Sec. 221. Higher education expenses.''
(2) Section 6050S(e) of such Code is amended by striking
``such term by section 221(e)(1)'' and inserting ``the term
`qualified higher education loan' by section 221(d)(1)''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2000. | Make College Affordable Act of 2001 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Sets forth a per student limitation, a per taxpayer limitation, and a limitation based on modified adjusted gross income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a full tax deduction for higher education expenses and interest on student loans."} | 2,539 | 60 | 0.561276 | 1.250074 | 0.841183 | 3.117647 | 45.313725 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder Empowerment Act of
2009''.
SEC. 2. MAJORITY VOTING FOR DIRECTORS.
The Securities Exchange Act of 1934 is amended by adding after
section 16 the following new section:
``SEC. 16A. ELECTION OF DIRECTORS.
``(a) Standards Relating to Election of Directors.--
``(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
``(2) Standards for election of directors.--
``(A) Majority voting.--Each issuer shall, to the
extent permitted under State law, provide in its
governing documents that--
``(i) directors in uncontested elections
shall be elected by a majority of the votes
cast as to each nominee; and
``(ii) in contested elections where the
number of nominees exceeds the number of
directors to be elected, directors shall be
elected by the vote of a plurality of the
shares represented at any meeting and entitled
to vote on the election of directors.
``(B) Resignation policy.--Each issuer shall also,
to the extent permitted under State law, adopt
procedures under which any director who is not elected
to a new term shall offer to tender his or her
resignation to the board of directors. The board of
directors, with the advice of a committee of the board
if such a committee has been established for that
purpose, shall determine what action should be taken as
to that resignation and shall publicly disclose its
decision and the rationale for that decision within a
reasonable period after certification of the election
results.
``(b) Shareholder Access to the Proxy in Director Elections.--
``(1) Rule.--Not later than 270 days after the date of
enactment of this section, the Commission shall, by rule,
require that in proxy statements and proxies, authorizations or
consents prepared by an issuer pursuant to section 14, the
issuer shall identify and provide security holders with an
opportunity to vote on candidates for the board of directors
who have been nominated by holders in the aggregate at least 1
percent of the issuer's voting securities for at least 2 years
prior to a record date established by the issuer for a meeting
of security holders.
``(2) Application.--This rule shall specify the information
to be provided to an issuer by security holders who nominate
candidates for inclusion in an issuer's proxy materials under
this section and shall require the issuer to disclose
information about such candidates in the issuer's proxy
materials to the same extent that information must be disclosed
about candidates nominated by the issuer. This rule shall apply
only when eligible security holders have nominated fewer than a
majority of the number of directors then authorized to serve on
the board of directors, and the rule shall specify procedures
to be followed if different security holders nominate
candidates sufficient to constitute a majority of the board of
directors.
``(3) Effective date.--The rule shall apply to proxy voting
for meetings of security holders held on or after January 1,
2010, except to the extent that a meeting was originally
scheduled to be held in 2009, but was adjourned to 2010.
``(c) Broker Discretionary Voting in Uncontested Director
Elections.--Not later than 270 days after the date of enactment of this
section, the Commission shall by, rule, require that a broker shall not
be allowed to vote securities on an uncontested election to the board
of directors of an issuer to the extent that the beneficial owner of
those securities has not provided specific instructions to the broker.
The rule shall apply to proxy voting for meetings of security holders
held on or after January 1, 2010, except to the extent that a meeting
was originally scheduled to be held in 2009, but was adjourned to 2010.
``(d) Independent Chairman of the Board of Directors.--
``(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
``(2) Independent chairman of the board of directors.--Each
issuer shall provide in its governing documents or a public
statement of corporate policy that, to the extent possible and
consistent with the issuer's status as a publicly traded
company, the chairman of the board of directors shall be an
independent director who has not previously served as an
executive officer of the issuer. Such rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section. For purposes of this subsection, an
`independent director' shall be one who during the preceding 5
years has not been--
``(A) employed by the issuer in an executive
capacity;
``(B) an employee, director or owner greater than
20 percent of the beneficial shares of a firm that is a
paid adviser or consultant to the issuer;
``(C) employed by a significant customer or
supplier of the issuer;
``(D) a party to a personal services contract with
the issuer, as well as with the issuer's Chair, chief
executive officer, or other senior executive officer;
``(E) an employee, officer or director of a
foundation, university or other non-profit organization
that receives the greater of $100,000 or 1 percent of
total annual donations from the issuer;
``(F) a relative of an executive of the issuer;
``(G) part of an interlocking directorate in which
the issuer's chief executive officer or another
executive serves on the board of another issuer
employing that director; and
``(H) engaged in any other relationship with the
issuer or senior executives that the Commission
determines would not render that director an
independent director.''.
SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS.
The Securities Exchange Act of 1934 is further amended by adding
after the section 16A, as added by section 2, the following new section
``SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS.
``(a) Shareholder Approval of Executive Compensation.--
``(1) Annual shareholder vote on executive compensation.--
Any proxy or consent or authorization for an annual or other
meeting of an issuer shall permit a separate vote by
shareholders to approve the compensation of senior executive
officers, as disclosed pursuant to the compensation disclosure
rules of the Commission (which disclosure shall include the
compensation discussion and analysis, the compensation tables,
and any related material).
``(2) Non-binding nature of vote.--A shareholder vote
described in paragraph (1) shall not be binding on the board of
directors of an issuer and may not be construed as overruling a
decision by such board, nor to create or imply any additional
fiduciary duty by such board, nor shall such vote be construed
to restrict or limit the ability of security holders to make
proposals for inclusion in proxy materials related to executive
compensation.
``(3) Deadline for rules.--Not later than 1 year after the
date of enactment of this section, the Commission shall issue
any final rules and regulations required by this section.
``(4) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
``(b) Independent Compensation Advisers.--
``(1) Requirement.--Not later than 1 year after the date of
enactment of this section, the Commission shall, by rule,
require that if an issuer's board of directors or a committee
thereof retains an individual adviser or advisory firm in
conjunction with negotiating employment contracts or
compensation agreements with the issuer's executives, the
individual adviser and his or her firm shall be independent of
the issuer, its executives and directors, and shall report
solely to the board of directors or the committee thereof
responsible for executive compensation. The rule shall further
require that issuers shall not agree to indemnify or limit the
liability of compensation advisers or advisory firms.
``(2) Determination.--In determining the extent to which an
adviser or advisory firm is independent of an issuer within the
meaning of this section, the Commission shall consider such
matters as--
``(A) the extent (as measured by annual fees and
other relevant metrics) to which an individual adviser
or advisory firm provides services in conjunction with
negotiating employment contracts or compensation
agreements with the issuer's executives, as compared to
other services that the adviser or advisory firm
provides to the issuer or executives;
``(B) whether individual advisers are permitted to
hold equity and do hold equity in the issuer; and
``(C) whether an advisory firm's incentive
compensation plan links the compensation of individual
advisers to the advisory firm's provision of other
services to the issuer.
``(c) Clawbacks of Unearned Performance-Based Pay.--
``(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
``(2) Recoupment of unearned compensation.--An issuer's
board of directors or a committee thereof shall develop and
disclose a policy for reviewing unearned bonus payments,
incentive payments, or equity payments that were awarded to
executive officers owing to fraud, financial results that
require restatement, or some other cause. The policy should
require recovery or cancellation of any unearned payments to
the extent that it is feasible and practical to do so.
``(3) Exception.--This provision shall not apply to any
issuer who is subject to a similar recoupment requirement under
another provision of Federal law.
``(d) Severance Agreements Tied to Performance.--
``(1) Commission rules.--Not later than 270 days after the
date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national
securities associations to prohibit the listing of any security
of an issuer that is not in compliance with the requirements of
any portion of paragraph (2). Such rules shall provide for
appropriate procedures for an issuer to have an opportunity to
cure any defects that would be the basis for such a prohibition
before the imposition of such prohibition.
``(2) Severance agreements tied to performance.--An
issuer's board of directors or a committee thereof shall not
enter into agreements providing for severance payments to a
senior executive officer who is terminated because of poor
performance as an executive, as determined by the board of
directors. To the extent that an issuer is able to terminate a
senior executive officer for cause, poor performance by the
executive, as determined by the board of directors, shall be
considered as one such cause. The rule shall be implemented
with due regard for contracts in existence on the date of
enactment of this section.
``(e) Improved Disclosure of Compensation Targets.--Not later than
1 year after the date of enactment of this section, the Commission
shall, by rule, require additional disclosure of specific performance
targets that are used by issuers to determine a senior executive
officer's eligibility for bonuses, equity and incentive compensation.
The Commission shall consider methods to improve disclosure in
situations when it is claimed that disclosure would result in
competitive harm to the issuer, including, requirements that the issuer
describe its past experience with similar target levels, disclose any
inconsistencies between compensation targets and targets set in other
contexts, submit a request for confidential treatment of the
performance targets under Commission rules, or disclose the data after
disclosure would no longer be considered competitively harmful.''. | Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations.
Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer.
Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors.
Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance.
Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to provide for rules and standards relating to the election of boards of directors and certain requirements relating to compensation of executives."} | 2,761 | 444 | 0.637371 | 1.988963 | 0.781501 | 3.150127 | 6.600509 | 0.926209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Bankruptcy Fairness Act of
2009''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 101 of title 11, the United States Code,
is amended--
(1) by inserting after paragraph (39A) the following:
``(39B) The term `medical debt' means any debt incurred
directly or indirectly as a result of the diagnosis, cure,
mitigation, treatment, or prevention of injury, deformity, or
disease, or for the purpose of affecting any structure or
function of the body.
``(39C) The term `medically distressed debtor' means a
debtor who, in any consecutive 12-month period during the 3
years before the date of the filing of the petition--
``(A) incurred or paid medical debts for the debtor
or a dependent of the debtor, or a nondependent member
of the immediate family of the debtor (including any
parent, grandparent, sibling, child, grandchild, or
spouse of the debtor), that were not paid by any third
party payor and were in excess of the lesser of--
``(i) 10 percent of the debtor's adjusted
gross income (as such term is defined under
section 62 of the Internal Revenue Code of
1986); or
``(ii) $10,000;
``(B) was a member of a household in which 1 or
more members (including the debtor) lost all or
substantially all of the member's domestic support
obligation income, taking into consideration any
disability insurance payments, for 4 or more weeks, due
to a medical problem of a person obligated to pay such
domestic support; or
``(C) experienced a downgrade in employment status
that correlates to a reduction in wages or work hours
or results in unemployment, to care for an ill,
injured, or disabled dependent of the debtor, or an
ill, injured, or disabled nondependent member of the
immediate family of the debtor (including any parent,
grandparent, sibling, child, grandchild, or spouse of
the debtor), for not less than 30 days.''.
(b) Conforming Amendments.--Sections 104(b)(1) and 104(b)(2) of
title 11, the United States Code, are each amended by inserting
``101(39C)(A)(ii),'' after ``101(19)(A)''.
SEC. 3. EXEMPTIONS.
(a) Exempt Property.--Section 522 of title 11, the United States
Code, is amended by adding at the end the following:
``(r) For a debtor who is a medically distressed debtor, if the
debtor elects to exempt property--
``(1) listed in subsection (b)(2), then in lieu of the
exemption provided under subsection (d)(1), the debtor may
elect to exempt the debtor's aggregate interest, not to exceed
$250,000 in value, in real property or personal property that
the debtor or a dependent of the debtor uses as a residence, in
a cooperative that owns property that the debtor or a dependent
of the debtor uses as a residence, or in a burial plot for the
debtor or a dependent of the debtor; or
``(2) listed in subsection (b)(3), then if the exemption
provided under applicable law specifically for property of the
kind described in paragraph (1) is for less than $250,000 in
value, the debtor may elect in lieu of such exemption to exempt
the debtor's aggregate interest, not to exceed $250,000 in
value, in any such real or personal property, cooperative, or
burial plot.''.
(b) Conforming Amendments.--Sections 104(b)(1) and 104(b)(2) of
title 11, the United States Code, are each amended by inserting
``522(r),'' after ``522(q),''.
SEC. 4. DISMISSAL OF A CASE OR CONVERSION TO A CASE UNDER CHAPTER 11 OR
13.
Section 707(b) of title 11, the United States Code, is amended by
adding at the end the following:
``(8) No judge, United States trustee (or bankruptcy
administrator, if any), trustee, or other party in interest may
file a motion under paragraph (2) if the debtor is a medically
distressed debtor.''.
SEC. 5. CREDIT COUNSELING.
Section 109(h)(4) of title 11 United States Code, is amended by
inserting ``a medically distressed debtor or'' after ``with respect
to''.
SEC. 6. NONDISCHARGEABILITY OF CERTAIN ATTORNEYS FEES.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (19) the following:
``(20) incurred by a debtor relating to attorneys fees
generated as result of the debtor's filing of a petition under
chapter 7.''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the date of the enactment of this Act.
SEC. 8. ATTESTATION BY DEBTOR.
Any debtor who seeks relief as a medically distressed debtor in
accordance with the amendments made by this Act shall attest in writing
and under penalty of perjury that the medical expenses of the debtor
were genuine, and were not specifically incurred to bring the debtor
within the coverage of the medical bankruptcy provisions, as provided
in this Act and the amendments made by this Act. | Medical Bankruptcy Fairness Act of 2009 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in specified real or personal property that the debtor (or debtor's dependent) uses as a residence, in a cooperative, or in a burial plot for the debtor or a dependent.
Revises requirements for dismissal or conversion of a Chapter 7 case to prohibit the court or specified parties in interest from filing a motion to dismiss or convert to Chapter 11 or 13 if the debtor is a medically distressed debtor.
Waives the credit counseling prerequisite for filing for relief from debt in the case of a medically distressed debtor.
Denies a discharge in bankruptcy from any debt incurred that relates to attorneys' fees generated as a result of the debtor's filing of a Chapter 7 petition.
Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that the medical expenses of the debtor are genuine, and not specifically incurred to bring the debtor within the coverage of the medical bankruptcy provisions of this Act. | {"src": "billsum_train", "title": "A bill to amend title 11 of the United States Code, to provide protection for medical debt homeowners, to restore bankruptcy protections for individuals experiencing economic distress as caregivers to ill, injured, or disabled family members, and to exempt from means testing debtors whose financial problems were caused by serious medical problems, and for other purposes."} | 1,390 | 282 | 0.508903 | 1.488873 | 0.672466 | 3.137168 | 5.402655 | 0.889381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flushing Remonstrance Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Dutch involvement in North America started with Henry
Hudson's 1609 voyage on the ship, Half Moon, employed by the
Dutch East India Company.
(2) After 1640, New Netherland gradually began to transform
from a chain of trading posts into a settlement colony.
(3) As Dutch and English settlers moved closer to one
another, they began to assimilate in what would later become
Queens County.
(4) The Dutch and English settlements had not been without
conflict. Although the Dutch Republic was well known for its
toleration of other faiths, Director General Peter Stuyvesant
and his council thought that liberty of worship should not be
granted to Quakers.
(5) When Quakers began to arrive in Flushing, the colonial
government issued an ordinance that formally banned the
practice of all religions outside of the Dutch Reformed Church.
(6) On December 27, 1657, 30 Flushing residents signed what
was later called the Flushing Remonstrance, objecting to this
order. None of the remonstrance's authors were Quakers.
(7) Dutch colonial authorities proceeded to arrest the
signers of the Flushing Remonstrance. In 1662, John Bowne
defied the ban and allowed Quakers to hold services in his
house. Bowne was fined and banished to the Dutch Republic for
showing contempt for secular authority.
(8) Bowne was later exonerated after appealing to the
guarantees of religious liberty before the Dutch West India
Company and returned to Flushing in 1664. The colony later fell
to British control on September 24, 1664.
(9) The Flushing Remonstrance is now considered by many to
be instrumental in the development of religious liberty in the
United States and a precursor to the First Amendment to the
United States Constitution.
(10) In 1957, the United States Postal Service released a
3-cent postage stamp commemorating the 300th Anniversary of the
signing of the Flushing Remonstrance which read, ``Religious
Freedom in America''.
(11) Queens remained rural and agricultural through the
18th and 19th Centuries. Although its Dutch identity
diminished, the tolerance of diversity that has harbored
Quakers and other religious sects in the Dutch Colonial period
continues to this day. Queens is the most ethnically diverse
urban area in the world, with a population of over 2,200,000
representing over 100 different nations and speaking over 138
different languages.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means the John
Bowne House located at 3701 Bowne Street, Queens, New York, the
Friends Meeting House located at 137-17 Northern Boulevard,
Queens, New York, and other resources in the vicinity of
Flushing related to the history of religious freedom during the
era of the signing of the Flushing Remonstrance.
SEC. 4. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary shall conduct a special resource study of
the study area.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of the study area's
resources based on their relationship to the history of
religious freedom associated with the signing of the Flushing
Remonstrance;
(2) determine the suitability and feasibility of
designating resources within the study area as a unit of the
National Park System;
(3) consider other alternatives for preservation,
protection, and interpretation of the study area by Federal,
State, or local governmental entities, or private and nonprofit
organizations;
(4) identify properties related to the John Bowne House
that could potentially meet criteria for designation as a
National Historic Landmark;
(5) consult with interested Federal, State, or local
governmental entities, private and nonprofit organizations, or
any other interested individuals;
(6) evaluate the impact of the proposed action on the flow
of commerce and commercial activity, job opportunities, and any
adverse economic effects that could not be avoided if the
proposal is implemented;
(7) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives;
(8) analyze the effect of the designation of the study area
as a unit of the National Park System on--
(A) existing recreational activities, and on the
authorization, construction, operation, maintenance, or
improvement of energy production and transmission
infrastructure; and
(B) the authority of State and local governments to
manage those activities; and
(9) identify any authorities, including condemnation, that
will compel or permit the Secretary to influence or participate
in local land use decisions (such as zoning) or place
restrictions on non-Federal lands if the study area is
designated a unit of the National Park System.
(c) Notification of Private Property Owners.--Upon the commencement
of the study, owners of private property in or adjacent to the study
area shall be notified of the study's commencement and scope.
(d) Applicable Law.--The study required under subsection (a) shall
be conducted in accordance with section 8(c)) of the National Park
System General Authorities Act (16 U.S.C. 1a-5(c)).
(e) Report.--Not later than 3 years after the date on which funds
are first made available for the study under subsection (a), the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing the results of the study
and any conclusions and recommendations of the Secretary.
Passed the House of Representatives September 15, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on April 1, 2014. Flushing Remonstrance Study Act - Directs the Secretary of the Interior to conduct a special resource study of the John Bowne House in Queens, New York, the Friends Meeting House at 137-17 Northern Boulevard, Queens, and other resources in the vicinity of Flushing related to the history of religious freedom during the era of the 1657 signing of the Flushing Remonstrance (the study area). Requires the Secretary to: (1) evaluate the national significance of the study area's resources; (2) determine the suitability and feasibility of designating resources within the study area as a unit of the National Park System (NPS); (3) identify properties related to the John Bowne House that could potentially meet criteria for designation as a National Historic Landmark; (4) evaluate the impact of the proposed action on the flow of commerce and commercial activity, job opportunities, and any adverse economic effects that could not be avoided if the proposal is implemented; (5) analyze the effect of the designation of the study area as an NPS unit on existing recreational activities, and on the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure, and the authority of state and local governments to manage those activities; and (6) identify any authorities, including condemnation, that will compel or permit the Secretary to influence or participate in local land use decisions (such as zoning) or place restrictions on non-federal lands if the study area is designated as an NPS unit. Requires the owners of private property in or adjacent to the study area to be notified of such study's commencement and scope. | {"src": "billsum_train", "title": "Flushing Remonstrance Study Act"} | 1,303 | 368 | 0.462606 | 1.709197 | 0.608747 | 6.751497 | 3.586826 | 0.95509 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Next Generation Lighting Initiative
Act''.
SEC. 2. FINDING.
Congress finds that it is in the economic and energy security
interests of the United States to encourage the development of white
light emitting diodes by providing financial assistance to firms, or a
consortium of firms, and supporting research organizations in the
lighting development sectors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Consortium.--The term ```consortium'' means the Next
Generation Lighting Initiative Consortium established under
section 5(b).
(2) Inorganic white light emitting diode.--The term
``inorganic white light emitting diode'' means a semiconducting
package that produces white light using externally applied
voltage.
(3) Lighting initiative.--The term ``Lighting Initiative''
means the Next Generation Lighting Initiative established by
section 4(a).
(4) Organic white light emitting diode.--The term ``organic
white light emitting diode'' means an organic semiconducting
compound that produces white light using externally applied
voltage.
(5) Planning board.--The term ``planning board'' means the
Next Generation Lighting Initiative Planning Board established
under section 5(a).
(6) Research organization.--The term ``research
organization'' means an organization that performs or promotes
research, development, and demonstration activities with
respect to white light emitting diodes.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
(8) White light emitting diode.--The term ``white light
emitting diode'' means--
(A) an inorganic white light emitting diode; and
(B) an organic white light emitting diode.
SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.
(a) Establishment.--There is established in the Department of
Energy a lighting initiative to be known as the ``Next Generation
Lighting Initiative'' to research, develop, and conduct demonstration
activities on white light emitting diodes.
(b) Objectives.--
(1) In general.--The objectives of the Lighting Initiative
shall be to develop, by 2011, white light emitting diodes that,
compared to incandescent and fluorescent lighting technologies,
are--
(A) longer lasting;
(B) more energy-efficient; and
(C) cost-competitive.
(2) Inorganic white light emitting diode.--The objective of
the Lighting Initiative with respect to inorganic white light
emitting diodes shall be to develop an inorganic white light
emitting diode that has an efficiency of 160 lumens per watt
and a 10-year lifetime.
(3) Organic white light emitting diode.--The objective of
the Lighting Initiative with respect to organic white light
emitting diodes shall be to develop an organic white light
emitting diode with an efficiency of 100 lumens per watt with a
5-year lifetime that--
(A) illuminates over a full color spectrum;
(B) covers large areas over flexible surfaces; and
(C) does not contain harmful pollutants typical of
fluorescent lamps such as mercury.
SEC. 5. ADMINISTRATION.
(a) Planning Board.--
(1) In general.--The Secretary shall establish a planning
board, to be known as the ``Next Generation Lighting Initiative
Planning Board'', to assist the Secretary in developing and
implementing the Lighting Initiative.
(2) Composition.--The planning board shall be composed of--
(A) 4 members from universities, national
laboratories, and other individuals with expertise in
white lighting, to be appointed by the Secretary; and
(B) 3 members nominated by the consortium and
appointed by the Secretary.
(3) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the planning board shall
complete a study on strategies for the development and
implementation of white light emitting diodes.
(B) Requirements.--The study shall--
(i) develop a comprehensive strategy to
implement, through the Lighting Initiative, the
use of white light emitting diodes to increase
energy efficiency and enhance United States
competitiveness; and
(ii) identify the research and development,
manufacturing, deployment, and marketing
barriers that must be overcome to achieve a
goal of a 25 percent market penetration by
white light emitting diode technologies into
the incandescent and fluorescent lighting markets by the year 2012.
(C) Implementation.--As soon as practicable after
the study is submitted to the Secretary, the Secretary
shall implement the Lighting Initiative in accordance
with the recommendations of the planning board.
(b) Consortium.--
(1) In general.--The Secretary shall solicit the
establishment of a consortium, to be known as the ``Next
Generation Lighting Initiative Consortium'', to initiate and
manage basic and manufacturing related research contracts on
white light emitting diodes for the Lighting Initiative.
(2) Composition.--The consortium may be composed of firms,
national laboratories, and other entities so that the
consortium is representative of the United States solid state
lighting industry as a whole.
(3) Funding.--The consortium shall be funded by--
(A) membership fees; and
(B) grants provided under section 6.
SEC. 6. GRANT PROGRAM.
(a) In General.--The Secretary shall make grants to firms, the
consortium, and research organizations to conduct research,
development, and demonstration projects related to white light emitting
diode technologies.
(b) Requirements.--To be eligible to receive a grant under this
section, a consortium shall--
(1) enter into a consortium participation agreement that--
(A) is agreed to by all members; and
(B) describes the responsibilities of participants,
membership fees, and the scope of research activities;
and
(2) develop a Lighting Initiative annual program plan.
(c) Annual Review.--
(1) In general.--An annual independent review of firms, the
consortium, and research organizations receiving a grant under
this section shall be conducted by--
(A) a committee appointed by the Secretary under
the Federal Advisory Committee Act (5 U.S.C. App.); or
(B) a committee appointed by the National Academy
of Sciences.
(2) Requirements.--Using clearly defined standards
established by the Secretary, the review shall assess
technology advances and commercial applicability of--
(A) the activities of the firms, consortium, or
research organizations during each fiscal year of the
grant program; and
(B) the goals of the firms, consortium, or research
organizations for the next fiscal year in the annual
program plan developed under subsection (b)(2).
(d) Allocation and Cost Sharing.--
(1) In general.--The amount of funds made available for any
fiscal year to provide grants under this section shall be
allocated in accordance with paragraphs (2) and (3).
(2) Research projects.--Funding for basic and manufacturing
research projects shall be allocated to the consortium.
(3) Development, deployment, and demonstration projects.--
Funding for development, deployment, and demonstration projects
shall be allocated to members of the consortium.
(4) Cost sharing.--Non-federal cost sharing shall be in
accordance with section 3002 of the Energy Policy Act of 1992
(42 U.S.C. 13542).
(e) Technical and Financial Assistance.--The national laboratories
and other pertinent Federal agencies shall cooperate with and provide
technical and financial assistance to firms, the consortium, and
research organizations conducting research, development, and
demonstration projects carried out under this section.
(f) Audits.--
(1) In general.--The Secretary shall retain an independent,
commercial auditor to determine the extent to which funds made
available under this Act have been expended in a manner that is
consistent with the objectives under section 4(b) and the
annual operating plan of the consortium developed under
subsection (b)(2).
(2) Reports.--The auditor shall submit to Congress, the
Secretary, and the Comptroller General of the United States an
annual report containing the results of the audit.
(g) Applicable Law.--The Lighting Initiative shall not be subject
to the Federal Acquisition Regulation.
SEC. 7. PROTECTION OF INFORMATION.
Information obtained by the Federal Government on a confidential
basis under this Act shall be considered to constitute trade secrets
and commercial or financial information obtained from a person and
privileged or confidential under section 552(b)(4) of title 5, United
States Code.
SEC. 8. INTELLECTUAL PROPERTY.
Members of the consortium shall have royalty-free nonexclusive
rights to use intellectual property derived from consortium research
conducted under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $30,000,000 for fiscal year 2002; and
(2) $50,000,000 for each of fiscal years 2003 through 2011.
(b) Availability.--Amounts made available under this section shall
remain available until expended. | Next Generation Lighting Initiative Act - Establishes the Next Generation Lighting Initiative as a research, development, and demonstration program on organic and inorganic white light emitting diodes.Directs the Secretary of Energy to: (1) establish the Next Generation Lighting Initiative Planning Board to study development and implementation strategies for such diodes; (2) solicit establishment of a Next Generation Lighting Initiative Consortium to initiate and manage basic and manufacturing related research contracts on such diodes; and (3) make grants for research, development, and demonstration projects related to those diodes.States that consortium members shall have royalty-free nonexclusive rights to use intellectual property derived from consortium research conducted under this Act. | {"src": "billsum_train", "title": "A bill to establish the Next Generation Lighting Initiative at the Department of Energy, and for other purposes."} | 1,998 | 143 | 0.685965 | 1.754874 | 0.773072 | 3.889764 | 14.110236 | 0.976378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Principal Recruitment
Act''.
SEC. 2. NATIONAL PRINCIPAL RECRUITMENT PROGRAM.
(a) Program Authorization.--Part A of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended
by adding at the end the following:
``Subpart 6--National Principal Recruitment Program
``SEC. 2161. NATIONAL PRINCIPAL RECRUITMENT PROGRAM.
``(a) Purpose.--The purpose of this section is to recruit, train,
and support principals for high-need schools who are effective in
improving student academic achievement.
``(b) Definitions.--In this section:
``(1) Eligible grantee.--The term `eligible grantee' means
a partnership--
``(A) consisting of a nonprofit organization
working with a research organization and local
educational agencies in States and regions across the
Nation, that has a track record of selecting, training,
and supporting principals;
``(B) that has the capacity to engage in world-
class research and evaluation with access to student-
level data in all local educational agencies in the
partnership needed to--
``(i) do value-add analysis of academic
achievement; and
``(ii) correlate academic achievement gains
with principal skills and characteristics; and
``(C) that may work with institutions of higher
education.
``(2) High-need school.--The term `high-need school' means
a public elementary school or public secondary school
(including a charter school) in which not less than 40 percent
of the students enrolled are eligible to receive a free or
reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
``(3) Principal.--The term `principal' includes an
assistant principal.
``(c) Multiyear Grant Program.--
``(1) In general.--
``(A) Establishment of program.--The Secretary
shall establish a multiyear national principal
recruitment grant program to enable not more than 3
eligible grantees to carry out the activities described
in paragraph (3).
``(B) Priority.--In awarding grants under this
section, the Secretary shall give priority to at least
one eligible grantee focused on urban schools and at
least one eligible grantee focused on rural schools.
``(2) Application.--To receive a grant under this section,
an eligible grantee shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(3) Activities.--
``(A) In general.--Each eligible grantee that
receives a grant under this section shall use grant
funds provided under this section for the following:
``(i) To recruit, select, train, and
support, up to the capacity of the eligible
grantee, new principals for high-need schools
through--
``(I) a year-long preservice
residency; and
``(II) ongoing support and
professional development.
``(ii) To rigorously research, evaluate,
and report on the activities described in this
paragraph in order to create--
``(I) a national research and
knowledge base to inform the
recruitment, selection, and training of
principals for high-need schools; and
``(II) a model of a performance-
based program under which Federal
funding to maintain and expand
activities will be contingent on a
rigorous demonstration of impact on
student academic achievement.
``(B) Specific activities.--The activities
described in subparagraph (A)(i) shall include the
following:
``(i) Recruiting, selecting, and providing
preservice training to individuals who--
``(I) aspire to be principals in
high-need schools;
``(II) share the belief that all
students, regardless of background, can
achieve at high levels;
``(III) have knowledge of effective
instruction and adult leadership, and a
focus on goals and results; and
``(IV) agree to sign a compact
committing to serve high-need schools
and to work toward substantial
improvement in student academic
achievement in the schools they will
lead within approximately 5 to 6 years
of their becoming principals.
``(ii) Providing training during the year-
long preservice residency to selected aspiring
principals that includes coaching from an
effective principal, hands-on instructional
leadership experience, and a curriculum that
includes topics such as--
``(I) creating and maintaining a
data-driven, professional learning
community within the new principal's
school;
``(II) providing a climate
conducive to the professional
development of teachers, with a focus
on improving student academic
achievement;
``(III) using data to effectively
evaluate teacher instruction and drive
teacher and student learning;
``(IV) managing resources and
school time to improve student academic
achievement; and
``(V) engaging community members,
including parents, the local
educational agency, and other community
leaders, to leverage additional
resources to improve student academic
achievement.
``(iii) Providing additional professional
development and training to the individuals
described in clauses (i) and (ii) after the
individuals commence work as principals of
high-need schools, including a focus on--
``(I) teaching and learning;
``(II) school culture; and
``(III) management and operations.
``(iv) Developing and delivering high-
quality, differentiated, school-level support
services to meet the specific needs of high-
need schools led by individuals described in
clause (iii), which may include--
``(I) support for data-driven
design of school-wide improvement
plans;
``(II) support in conducting
successful school-wide assessments; and
``(III) other assistance from--
``(aa) content expert
coaches to support professional
development; and
``(bb) data and assessment
specialists.
``(v) Developing and maintaining the
organizational capacity needed to drive the
long-term success of the efforts described in
this paragraph at scale.
``(4) Matching requirement; supplement, not supplant.--
``(A) Matching requirement.--To be eligible to
receive a grant under this section, an eligible grantee
shall contribute to the activities assisted under such
grant matching funds in an amount equal to not less
than 100 percent of the amount of the grant. Such
matching requirement may be met by contributions that
are in cash or in kind. Partner local educational
agencies whose support contributes to the matching
requirement may choose to use funds from any private
source or local educational agency-determined
allocation of public funding.
``(B) Waiver.--The Secretary may waive part of the
matching requirement described in subparagraph (A) if--
``(i) the eligible grantee demonstrates a
commitment to provide an amount equal to not
less than 75 percent of the amount of the grant
and provides a plan for providing the remainder
of the 25 percent; or
``(ii) the Secretary determines that
applying the matching requirement would result
in serious hardship or an inability to carry
out the activities described in paragraph (3).
``(C) Supplement, not supplant.--Grant funds
provided under this section shall be used to
supplement, and not supplant, any other Federal or
State funds otherwise available to carry out the
activities described in paragraph (3).
``(5) Performance-based triggers of funding decisions.--
``(A) In general.--
``(i) Research, evaluation, and reporting
program.--The Secretary shall work with each
eligible grantee that receives a grant under
this section (including the partner research
organization) to develop a reporting schedule
for a research and evaluation plan that is
approved by the Secretary.
``(ii) Specific activities.--The research
and evaluation plan described in clause (i)
shall accomplish the following:
``(I) Assess the impact of the
eligible grantee's program, including
examining student academic achievement
on the State academic assessments and
other student-level achievement data,
to make possible a value-added analysis
of academic achievement gains in high-
need schools led, for not less than 2
years, by principals who have received
training, development, coaching, and
support from the eligible grantee with
funds made available under the grant,
as compared to other schools. The
assessment may include an examination
of retention rates of high-performing
educators in high-need schools, student
attendance, and secondary school
graduation rates.
``(II) Identify factors that foster
or hinder the successful implementation
of the eligible grantee's program.
``(III) Develop understanding of
the internal and external factors,
including principal characteristics and
skills, that need to be aligned in
order to improve student learning,
including an analysis of the impact of
increased principal autonomy and
accountability.
``(IV) Rigorously evaluate the
school-level support provided through
the eligible grantee.
``(V) Utilize the data described in
subclauses (I) through (IV) to analyze
progress and drive continuous program
improvement.
``(VI) Generate and disseminate
information for the field about what
types of principal recruitment,
selection, training, and supports
correlate to student academic
achievement gains.
``(B) Performance-based increase.--Beginning after
the end of the third full school year in which a grant
is implemented by an eligible grantee awarded a grant
under this section, the Secretary shall provide an
increase of 50 percent of the original grant amount for
such eligible grantee if--
``(i) the activities carried out by the
eligible grantee described in subparagraph (A)
demonstrate that students in high-need schools
led, for not less than 2 years, by principals
who have received training, development,
coaching, and support from a program carried
out with funds from such grant are making more
gains in academic achievement than comparable
students elsewhere, as determined by the
research and evaluation plan approved by the
Secretary under subparagraph (A)(i); and
``(ii) the eligible grantee has the
capacity to scale up the services of the
eligible grantee.
``(C) Grant termination.--By the end of the fourth
full school year in which a grant is implemented by an
eligible grantee awarded a grant under this section,
the Secretary shall terminate such grant if students in
high-need schools led, for not less than 2 years, by
principals who have received training, development,
coaching, and support from a program carried out with
funds from such grant are not making more gains in
academic achievement than comparable students
elsewhere, as determined by the research and evaluation
plan approved by the Secretary under subparagraph
(A)(i).
``(D) Report to congress.--The Secretary shall
submit an annual report to Congress on--
``(i) the lessons learned through the
performance-based approach to Federal funding
described in this paragraph; and
``(ii) the implications for ensuring a
performance orientation in other Federal
education programs.
``(6) Annual report.--An eligible grantee that receives a
grant under this section shall provide to Congress and the
Secretary an annual report that includes--
``(A) data on the number and characteristics of the
aspiring principals trained to lead high-need schools
through the grant under this section; and
``(B) levels of academic achievement growth for
students in high-need schools led, for not less than 2
years, by principals who have received training,
development, coaching, and support from a program
carried out with funds from such grant.''.
(b) Conforming Amendments.--Section 2103 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6603) is amended--
(1) in subsection (a), by striking ``(other than subpart
5)'' and inserting ``(other than subparts 5 and 6)''; and
(2) by adding at the end the following:
``(c) National Principal Recruitment Program.--There are authorized
to be appropriated to carry out subpart 6 such sums as may be necessary
for each of the fiscal year 2009 through 2013.''.
(c) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 2151 the following:
``subpart 6--national principal recruitment program
``Sec. 2161. National Principal Recruitment Program.''. | National Principal Recruitment Act - Directs the Secretary of Education to establish a National Principal Recruitment program awarding matching grants to up to three partnerships each of which consist of a nonprofit organization working with a research organization and local educational agencies to: (1) recruit new principals for high-need schools and provide them with a year-long preservice residency and ongoing support and professional development; and (2) rigorously research, evaluate, and report on such activities so that successful practices can be replicated and each grantee's success in improving student academic performance can be measured.
Increases a grant by 50% after the third full school year of its implementation if: (1) such research and evaluation demonstrates that students in high-need schools led, for at least two years, by principals recruited, trained, and supported by the grantee are making greater academic gains than comparable students elsewhere; and (2) the grantee has the capacity to scale up its services.
Terminates a grant by the end of the fourth year of its implementation if the students in high-need schools led, for at least two years, by such principals are not making greater academic gains than comparable students elsewhere.
Defines "high-need schools" as public elementary or secondary schools where at least 40% of the students receive a free or reduced price lunch under the school lunch program. | {"src": "billsum_train", "title": "A bill to recruit, train, and support principals for high-need schools who are effective in improving student academic achievement."} | 2,791 | 285 | 0.65495 | 1.89007 | 0.856825 | 2.726236 | 10.095057 | 0.901141 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Opportunity Through
Technology and Education Act of 2001''.
SEC. 2. VOLUNTARY ACCESSIBILITY STANDARDS FOR POLLING PLACES AND VOTING
EQUIPMENT.
(a) Revision and Expansion of Current Voting System Standards.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the Office of Election
Administration of the Federal Election Commission (hereafter in
this section referred to as the ``Office'') shall develop and
publish revisions to the most recent version of voting system
standards issued by the Office, and shall expand the scope of
such standards to include voluntary standards to promote for
all individuals, including the elderly and individuals with
disabilities, the accessibility of polling places and the
effective use of voting systems and voting equipment which
provide the opportunity for casting a secure and secret ballot.
(2) Future updates.--The Office shall update the revised
and expanded standards under paragraph (1) at such intervals as
the Office considers appropriate.
(b) Consultation.--In developing the revised and expanded standards
under subsection (a), the Office shall consult with officials of the
Federal Government and State and local governments with expertise in
assessing the accessibility of facilities and voting systems for the
elderly and individuals with disabilities, and with appropriate
organizations with expertise in developing accessibility standards for
the elderly and individuals with disabilities.
(c) Posting on Internet.--The Office shall post the revised and
expanded standards under this section on the Internet, and shall take
such other measures to disseminate the standards to the public as the
Office considers appropriate.
SEC. 3. REQUIRING OFFICE OF ELECTION ADMINISTRATION TO SERVE AS
CLEARINGHOUSE OF INFORMATION ON ACCESSIBILITY OF VOTING
SYSTEMS.
Section 311(a)(10) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)(10)) is amended by striking ``Federal elections.'' and
inserting the following: ``Federal elections (including information
regarding the accessibility of voting systems, voting equipment, and
polling places for the elderly and individuals with disabilities), and
provide information on methods to improve the administration of Federal
elections upon request to a State or unit of local government.''.
SEC. 4. GRANT PROGRAM FOR ACTIVITIES TO PROMOTE ACCESSIBILITY IN
VOTING.
(a) In General.--After the issuance of the revised voting system
standards by the Office of Election Administration of the Commission
pursuant to section 2, the Federal Election Commission shall make
grants to eligible States--
(1) to bring voting systems, voting equipment, polling
places, and voter registration facilities in the State into
compliance with such revised standards; and
(2) to carry out other activities to promote the
accessibility of voting systems, voting equipment, polling
places, and voter registration facilities for the elderly and
individuals with disabilities.
(b) Eligibility.--
(1) In general.--A State is eligible to receive a grant
under this section if it submits to the Commission (at such
time and in such form as the Commission may require) an
application containing--
(A) a description of the activities the State will
carry out with the funds provided under the grant;
(B) assurances that the State will carry out such
activities in a manner consistent with the revised
voting system standards issued pursuant to section 2;
and
(C) such other information and assurances as the
Commission may require.
(2) Use of funds for educational activities.--At the option
of the State, a State may use funds provided under a grant made
under this section to educate poll workers, election officials,
and voters on the availability and use of voting technology and
equipment which is designed to be fully accessible to the
elderly and individuals with disabilities.
(c) Report.--At such time as the Commission may require, each State
receiving a grant under this section shall submit a report to the
Commission which describes the activities carried out with the funds
provided under the grant and contains such other information as the
Commission may require.
(d) Action Through Office of Election Administration.--The
Commission shall carry out its duties under this section through its
Office of Election Administration.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2002 through
2005--
(1) $200,000,000 for grants under this section; and
(2) such sums as may be necessary for the administrative
expenses of carrying out this section, including expenses
relating to the hiring of additional personnel.
SEC. 5. REVISIONS TO VOTING ACCESSIBILITY FOR THE ELDERLY AND
HANDICAPPED ACT.
(a) Statement of Purpose.--Section 2 of the Voting Accessibility
for the Elderly and Handicapped Act (42 U.S.C. 1973ee) is amended by
striking ``to promote the fundamental right'' and all that follows and
inserting the following: ``to ensure that no citizen is denied the
right to vote because the citizen is elderly or has a disability.''.
(b) Restoration of Reporting Requirements.--
(1) In general.--Section 3(c) of such Act (42 U.S.C.
1973ee-1(c)) is amended by striking paragraph (3).
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to years beginning with 2002. | Voting Opportunity Through Technology and Education Act of 2001 - Directs the Office of Election Administration of the Federal Election Commission (FEC) to: (1) develop and publish revisions to the most recent version of voting system standards issued by FEC; and (2) expand the scope of such standards to include voluntary standards to promote for all individuals the accessibility of polling places and the effective use of voting systems and equipment that provide the opportunity for casting a secure and secret ballot.Amends the Federal Election Campaign Act of 1971 to direct the Office to serve as a clearinghouse of information on accessibility of voting systems and equipment and polling places for the elderly and individuals with disabilities.Provides that, after the issuance of the revised voting system standards by the Office, the FEC shall make grants to eligible States to: (1) bring voting systems and equipment, polling places, and voter registration facilities in the State into compliance with such revised standards; and (2) carry out other activities to promote the accessibility of voting systems and equipment, polling places, and voter registration facilities for the elderly and individuals with disabilities.Amends the Voting Accessibility for the Elderly and Handicapped Act to: (1) ensure that no citizen is denied the right to vote because the citizen is elderly or has a disability; and (2) restore certain reporting requirements. | {"src": "billsum_train", "title": "To direct the Federal Election Commission to issue voluntary standards to promote the accessibility and effective use of voting systems, voting equipment, and polling places, to make grants to assist States in complying with such standards and carrying out other activities to promote accessibility in voting, and for other purposes."} | 1,212 | 273 | 0.754581 | 2.071612 | 0.822405 | 5.754864 | 4.155642 | 0.953307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Tech Job Opportunities Between
our Shores Act'' or the ``High-Tech JOBS Act''.
SEC. 2. PILOT PROGRAM TO SUPPORT ADVANCED MANUFACTURING WORKFORCE
DEVELOPMENT.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(f) Advanced Manufacturing Workforce Development Program.--
``(1) In general.--Under a plan published under subsection
(a), the Secretary shall, through grants or contracts, carry
out demonstration and pilot projects for the purpose of
facilitating the provision of education and training programs
in the field of advanced manufacturing. Such projects shall--
``(A) target skills and competency development in
communities with existing jobs in advanced
manufacturing or expected growth in advanced
manufacturing;
``(B) provide education and training for available
jobs or job openings that are anticipated in advanced
manufacturing, that result in an employer- or industry-
recognized and nationally portable credential;
``(C) educate individuals about opportunities for
career advancement within advanced manufacturing; and
``(D) give priority to incumbent workers,
dislocated workers, and unemployed workers.
``(2) Eligible entities.--
``(A) In general.--To be eligible to receive a
grant or enter into a contract under a project carried
out under paragraph (1), an entity, in any of the
States or outlying areas, shall be any of the following
types of entities:
``(i) An institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), a
postsecondary vocational institution (as
defined in section 102(c) of such Act (20
U.S.C. 1002(c)), or a tribally controlled
college or university (as defined in section 2
of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C.
1801)).
``(ii) A local board, in partnership with
one or more one-stop career centers, that
specifies one or more educational entities
described in clause (i) where education and
training activities will occur.
``(iii) A nonprofit organization.
``(iv) Another entity that would serve
educationally underserved communities.
``(v) A consortium of entities described in
clauses (i) through (iv).
``(B) Priority.--The Secretary shall give priority
to any entity, or consortium of entities, described in
subparagraph (A) that proposes to use the funds
received under this subsection to leverage substantial
non-Federal funding for the program involved.
``(3) Application.--To be eligible to receive a grant or
enter into a contract under this subsection an eligible entity
described in paragraph (2) shall submit an application to the
Secretary at such time and in such form and manner as the
Secretary shall determine, including each of the following:
``(A) A description of each eligible entity
(including, in the case of a consortium, each eligible
entity in the consortium), evidence of each eligible
entity's capacity to carry out the activities described
in paragraph (1), and a description of the expected
participation and responsibilities of each eligible
entity.
``(B) A description of education and training
activities to be provided through the education and
training program, and a description of how the
activities will--
``(i) develop skills and competencies
demanded by advanced manufacturing firms;
``(ii) lead to an employer- or industry-
recognized and nationally portable credential;
and
``(iii) educate individuals about
opportunities for career advancement and wage
growth within advanced manufacturing.
``(C) A description of how the economy, of the
State, locality, or outlying area where the eligible
entity submitting the application will provide the
program, would benefit, including a description of--
``(i) evidence of existing jobs in advanced
manufacturing or expected growth in advanced
manufacturing in the State, locality, or
outlying area;
``(ii) the potential to prepare individuals
for existing jobs in advanced manufacturing or
create additional job growth in advanced
manufacturing through the program as a result
of investments in education and training in
advanced manufacturing; and
``(iii) how the eligible entity will expose
incumbent workers, dislocated workers, and
unemployed workers to new advanced
manufacturing technology skill sets through the
program.
``(D) A description of how the eligible entity will
employ evidence-based training models that integrate
academic instruction with training, including on-the-
job training, in advanced manufacturing, to meet the
goals described in paragraph (5).
``(E) A description of how the eligible entity will
coordinate activities with State boards or local
boards, and State or local economic development
officials, in carrying out the program.
``(F) A description of how the eligible entity will
enter into a partnership with--
``(i) a manufacturer who employs
individuals with advanced manufacturing skills;
and
``(ii) a labor organization whose members
are employed in advanced manufacturing
industries, where such a labor organization
exists.
``(4) Activities.--Activities to be carried out under a
program funded under paragraph (1) may include--
``(A) classroom and on-site experiential learning;
``(B) on-the-job training;
``(C) training that leads to an employer- or
industry-recognized competency and nationally portable
credential for advanced manufacturing;
``(D) development and implementation of registered
apprenticeship programs, and preapprenticeship programs
leading to registered apprenticeship programs;
``(E) coordination with local boards implementing
and utilizing articulation agreements with educational
entities described in paragraph (2)(A)(i) and other
educational partners;
``(F) distance learning; and
``(G) any other activity the Secretary considers
appropriate for training in advanced manufacturing.
``(5) Goals and performance measures.--
``(A) Goals.--The goals of the activities described
in paragraph (4) shall be to--
``(i) enhance the skill sets of incumbent
workers, dislocated workers, and unemployed
workers who live in communities with existing
jobs in advanced manufacturing or expected
growth in advanced manufacturing, and enable
such workers to obtain an employer- or
industry-recognized and nationally portable
credential;
``(ii) enable individuals with limited
experience to develop competencies in advanced
manufacturing;
``(iii) in an effort to meet the needs of
advanced manufacturing businesses for
adaptability in education and training of
incumbent workers, strengthen partnerships of
eligible entities described in paragraph (2)
with--
``(I) manufacturers described in
paragraph (3)(F); and
``(II) labor organizations
described in paragraph (3)(F), where
such labor organizations exist; and
``(iv) help incumbent workers, dislocated
workers, and unemployed workers develop skills
in advanced manufacturing that lead to
employment or greater earnings than would
otherwise be available without those skills.
``(B) Performance measures.--The Secretary shall
negotiate, and reach agreement, with each eligible
entity that receives a grant or enters into a contract
under this subsection, on measures that will be used to
evaluate the performance of the eligible entity in
carrying out the activities described in paragraph (4)
and meeting the goals described in subparagraph (A).
Such performance measures shall consist of indicators
of performance, and, at a minimum, shall include--
``(i) the number of workers, including
incumbent workers, dislocated workers and
unemployed workers, who are participants in the
program involved, that receive employer- or
industry-recognized and nationally portable
credentials;
``(ii) the number of such participants,
including dislocated workers and unemployed
workers, that attain 1 or more basic skills
that are required for an employer- or industry-
recognized and nationally portable credential
for advanced manufacturing;
``(iii) the number of such incumbent
workers who obtain skills, through education
and training, that meet the skill needs of
employers to enhance operations;
``(iv) the earnings growth of such
participants as a result of education and
training provided through the program; and
``(v) other indicators the Secretary
determines to be necessary to evaluate the
performance of the eligible entity in carrying
out the activities described in paragraph (4)
and meeting the goals described in subparagraph
(A).
``(6) Evaluation.--Beginning not later than 1 year after
the date of the first disbursement of funds under this
subsection, the Secretary shall provide for the continuing
evaluation of the programs funded under this subsection, as
required by section 172, and shall transmit a report of the
evaluation to Congress not later than 2 years after such date
and every 2 years thereafter.''.
SEC. 3. DEFINITIONS.
Section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801) is amended by adding at the end the following:
``(54) Employer- or industry-recognized and nationally
portable credential.--The term `employer- or industry-
recognized and nationally portable', used with respect to a
credential, includes an educational certificate or degree, an
occupational license, an industry-sponsored certificate or
certification, or a certificate or degree from a registered
apprenticeship program.''. | High-Tech Job Opportunities Between our Shores Act or High-Tech JOBS Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make grants to or enter into contracts with eligible entities to carry out demonstration and pilot projects that provide education and training programs for jobs in advanced manufacturing.
Prescribes requirements for project activities and performance goals and measures. | {"src": "billsum_train", "title": "A bill to amend the Workforce Investment Act of 1998 to establish a pilot program to facilitate the provision of education and training programs in the field of advanced manufacturing."} | 2,048 | 80 | 0.563711 | 1.45482 | 0.904835 | 2.957746 | 27.971831 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Engineering Biology Research and
Development Act of 2015''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Cellular and molecular processes may be used, mimicked,
or redesigned to develop new products, processes, and systems
that improve societal well-being, strengthen national security,
and contribute to the economy.
(2) Engineering biology relies on scientists and engineers
with a diverse and unique set of skills combining the
biological, physical, and information sciences and engineering.
(3) Long-term research and development is necessary to
create breakthroughs in engineering biology. Such research and
development requires government investment as the benefits are
too distant or uncertain for industry to support alone.
(4) The Federal Government can play an important role by
facilitating the development of tools and technologies to
further advance engineering biology, including multiple user
facilities that the Federal Government is uniquely able to
support.
(5) Since other countries are investing significant
resources in engineering biology, the United States is at risk
of losing its competitive lead in this emerging area if it does
not invest the necessary resources and have a national
strategy.
(6) A National Engineering Biology Initiative can serve to
establish new research directions and technology goals, improve
interagency coordination and planning processes, drive
technology transfer, and help ensure optimal returns on the
Federal investment.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Advisory Committee'' means the advisory
committee designated under section 5;
(2) the term ``biomanufacturing'' means the manufacturing
of products using biological manufacturing technologies;
(3) the term ``engineering biology'' means the science and
engineering of cellular and molecular processes to advance
fundamental understanding of complex natural systems and to
develop new and advance existing products, processes, and
systems that will contribute significantly to societal well-
being, national security, and the economy;
(4) the term ``Interagency Committee'' means the
interagency committee designated under section 4(e); and
(5) the term ``Program'' means the National Engineering
Biology Research and Development Program established under
section 4.
SEC. 4. NATIONAL ENGINEERING BIOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The President shall implement a National
Engineering Biology Research and Development Program to advance
societal well-being, national security, and economic productivity and
competitiveness through--
(1) advancing areas of research at the intersection of the
biological, physical, and information sciences and engineering;
(2) supporting social science research that advances the
field of engineering biology and contributes to the adoption of
new products, processes, and technologies;
(3) expanding the number of researchers, educators, and
students with engineering biology training;
(4) accelerating the translation and commercialization of
engineering biology research and development by the private
sector; and
(5) improving the interagency planning and coordination of
Federal Government activities related to engineering biology.
(b) Program Activities.--The activities of the Program shall
include--
(1) sustained support for engineering biology research and
development through--
(A) grants to individual investigators and
interdisciplinary teams of investigators;
(B) projects funded under joint solicitations by a
collaboration of no fewer than two agencies
participating in the Program; and
(C) interdisciplinary research centers that are
organized to investigate basic research questions and
carry out technology development and demonstration
activities;
(2) education and training of undergraduate and graduate
students in research at the intersection of biological,
physical, and information sciences and engineering;
(3) activities to develop robust mechanisms for tracking
and quantifying the outputs and economic benefits of
engineering biology; and
(4) activities to accelerate the translation and
commercialization of new products, processes, and technologies
by--
(A) identifying precompetitive research
opportunities;
(B) facilitating public-private partnerships in
engineering biology research and development;
(C) connecting researchers, graduate students, and
postdoctoral fellows with entrepreneurship education
and training opportunities; and
(D) supporting proof of concept activities and the
formation of startup companies including through
programs such as the Small Business Innovation Research
Program and the Small Business Technology Transfer
Program.
(c) Expanding Participation.--The Program shall include, to the
maximum extent practicable, outreach to primarily undergraduate and
minority-serving institutions about Program opportunities, and shall
encourage the development of research collaborations between research-
intensive universities and primarily undergraduate and minority-serving
institutions.
(d) Ethical, Legal, Environmental, and Societal Issues.--Program
activities shall take into account ethical, legal, environmental, and
other appropriate societal issues, including the need for safeguards
and monitoring systems to protect society against the unintended
release of engineered materials produced, by--
(1) supporting research, including in the social sciences,
and other activities addressing ethical, legal, environmental,
and other appropriate societal issues related to engineering
biology, including integrating research on these topics with
the research and development in engineering biology, and
ensuring that the results of such research are widely
disseminated, including through interdisciplinary engineering
biology research centers described in subsection (b)(1); and
(2) ensuring, through the agencies and departments that
participate in the Program, that public input and outreach are
integrated into the Program by the convening of regular and
ongoing public discussions through mechanisms such as citizen
panels, consensus conferences, and educational events, as
appropriate.
(e) Interagency Committee.--The President shall designate an
interagency committee on engineering biology, which shall include
representatives from the Office of Science and Technology Policy, the
National Science Foundation, the Department of Energy, the National
Aeronautics and Space Administration, the National Institute of
Standards and Technology, the Environmental Protection Agency, and any
other agency that the President considers appropriate. The Director of
the Office of Science and Technology Policy shall select a chairperson
from among the members of the Interagency Committee. The Interagency
Committee shall oversee the planning, management, and coordination of
the Program. The Interagency Committee shall--
(1) provide for interagency coordination of Federal
engineering biology research, development, and other activities
undertaken pursuant to the Program;
(2) establish and periodically update goals and priorities
for the Program;
(3) develop, not later than 12 months after the date of
enactment of this Act, and update every 5 years, a strategic
plan to guide the activities of the Program and meet the goals
and priorities established under paragraph (2) and describe--
(A) the Program's support for long-term funding for
interdisciplinary engineering biology research and
development;
(B) the Program's support for education and public
outreach activities;
(C) the Program's support for research and other
activities on ethical, legal, environmental, and other
appropriate societal issues related to engineering
biology; and
(D) how the Program will move results out of the
laboratory and into application for the benefit of
society and United States competitiveness;
(4) propose an annually coordinated interagency budget for
the Program that will ensure the maintenance of a robust
engineering biology research and development portfolio and
ensure that the balance of funding across the Program is
sufficient to meet the goals and priorities established for the
Program;
(5) develop a plan to utilize Federal programs, such as the
Small Business Innovation Research Program and the Small
Business Technology Transfer Program, in support of the goal
described in subsection (b)(4); and
(6) in carrying out its responsibilities under this
section, take into consideration the recommendations of the
Advisory Committee, the results of the workshop convened under
section 6, existing reports on related topics, and the views of
academic, State, industry, and other appropriate groups.
(f) Annual Report.--The Interagency Committee shall prepare an
annual report, to be submitted to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later than 90
days after submission of the President's annual budget request, that
includes--
(1) the Program budget for the fiscal year to which such
budget request applies, and for the then current fiscal year,
including a breakout of spending for each agency participating
in the Program, and for the development and acquisition of any
research facilities and instrumentation; and
(2) an assessment of how Federal agencies are implementing
the plan described in subsection (e)(5), and a description of
the amount and number of Small Business Innovation Research and
Small Business Technology Transfer awards made in support of
the Program.
SEC. 5. ADVISORY COMMITTEE.
(a) In General.--The President shall designate an advisory
committee on engineering biology research and development with at least
12 members, including representatives of research and academic
institutions, industry, and nongovernmental entities, who are qualified
to provide advice on the Program.
(b) Assessment.--The Advisory Committee shall assess--
(1) progress made in implementing the Program;
(2) the need to revise the Program;
(3) the balance of activities and funding across the
Program;
(4) whether the Program priorities and goals developed by
the Interagency Committee are helping to maintain United States
leadership in engineering biology;
(5) the management, coordination, implementation, and
activities of the Program; and
(6) whether ethical, legal, environmental, and other
appropriate societal issues are adequately addressed by the
Program.
(c) Reports.--The Advisory Committee shall report within 3 years
after the date of enactment of this Act, and thereafter not less
frequently than once every 5 years, to the President, the Committee on
Science, Space, and Technology of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate, on
its findings of the assessment carried out under this section and its
recommendations for ways to improve the Program.
(d) Federal Advisory Committee Act Application.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 6. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVIRONMENTAL, AND SOCIETAL
ISSUES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Director of the National Science Foundation
shall enter into an agreement with the National Academies to convene a
workshop to review the ethical, legal, environmental, and other
appropriate societal issues related to engineering biology research and
development. The goals of the workshop shall be to--
(1) assess the current research on such issues;
(2) evaluate the research gaps relating to such issues; and
(3) provide recommendations on how the Program can address
the research needs identified.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Science Foundation
shall transmit to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a summary report containing the
findings of the workshop convened under this section.
SEC. 7. AGENCY ACTIVITIES.
(a) National Science Foundation.--As part of the Program, the
National Science Foundation shall--
(1) support basic research at the intersection of the
biological, physical, and information sciences and engineering
through individual grants and through interdisciplinary
research centers;
(2) support research on the environmental and social
effects of engineering biology;
(3) provide research instrumentation support for
engineering biology disciplines; and
(4) award grants, on a competitive basis, to enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology research
in an industry setting.
(b) Department of Commerce.--As part of the Program, the Director
of the National Institute of Standards and Technology shall--
(1) establish a bioscience research program to advance the
development of standard reference materials and measurements
and to create new data tools, techniques, and processes
necessary to advance engineering biology and biomanufacturing;
(2) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources to
industry, institutions of higher education, nonprofit
organizations, and government agencies to perform research and
testing; and
(3) provide technical expertise to inform the development
of guidelines and safeguards for new products, processes, and
systems of engineering biology.
(c) Department of Energy.--As part of the Program, the Secretary of
Energy shall--
(1) conduct and support basic research, development,
demonstration, and commercial application activities in
engineering biology disciplines, including in the areas of
synthetic biology, advanced biofuel development, biobased
materials, and environmental remediation; and
(2) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources, as
appropriate, to industry, institutions of higher education,
nonprofit organizations, and government agencies to perform
research and testing.
(d) National Aeronautics and Space Administration.--As part of the
Program, the National Aeronautics and Space Administration shall--
(1) conduct and support basic and applied research in
engineering biology fields, including in the field of synthetic
biology, and related to Earth and space sciences, aeronautics,
space technology, and space exploration and experimentation,
consistent with the priorities established in the National
Academies' decadal surveys; and
(2) award grants, on a competitive basis, that enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology research
in an industry setting.
(e) Environmental Protection Agency.--As part of the Program, the
Environmental Protection Agency shall support research on how products,
processes, and systems of engineering biology will affect the
environment. | Engineering Biology Research and Development Act of 2015 Directs the President to implement a National Engineering Biology Research and Development Program to advance societal well-being, national security, and economic productivity and competitiveness through: advancing areas of research at the intersection of the biological, physical, and information sciences and engineering; supporting social science research that advances the field of engineering biology and contributes to the adoption of new products, processes, and technologies; expanding the number of researchers, educators, and students with engineering biology training; accelerating the translation and commercialization of engineering biology research and development by the private sector; and improving the interagency planning and coordination of federal government activities related to engineering biology. Directs the President to designate an interagency committee on engineering biology to oversee the planning, management, and coordination of the Program. Requires the President to designate an advisory committee on engineering biology research and development to assess the progress being made in implementing the Program. Directs the National Science Foundation to contract with the National Academies to convene a workshop to review the ethical, legal, environmental, and other appropriate societal issues related to engineering biology research and development. Requires the National Science Foundation, National Institute of Standards and Technology, the Department of Energy, National Aeronautics and Space Administration (NASA), and the Environmental Protection Agency to carry out specified research activities as part of the Program. | {"src": "billsum_train", "title": "Engineering Biology Research and Development Act of 2015"} | 2,869 | 290 | 0.601694 | 1.845744 | 0.818688 | 6.290566 | 10.769811 | 0.954717 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Health Care Restoration Act
of 2000''.
SEC. 2. INCREASED PAYMENT FOR AREAS WITH TWO OR FEWER MEDICARE+CHOICE
CONTRACTS.
Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is
amended--
(1) in subsection (a)(1)(A), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Increased Payment for Areas With 2 or Fewer Medicare+Choice
Contracts.--For months during 2002 and 2003, in the case of a
Medicare+Choice payment area in which there is no more than two
contracts entered into under this part as of July 1 before the
beginning of the year involved, the amount of the monthly payment
otherwise made under this section (taking into account, if applicable,
subsection (i)) shall be increased by \1/2\ percentage point of the
total monthly payment otherwise computed for such payment area.''.
SEC. 3. INCREASE IN MINIMUM PERCENTAGE UPDATE.
Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended by inserting ``(or 104 percent in the
case of 2001, 2002, and 2003)'' after ``102 percent''.
SEC. 4. TRANSITION TO REVISED MEDICARE+CHOICE PAYMENT RATES.
(a) Announcement of Revised Medicare+Choice Payment Rates.--Within
2 weeks after the date of the enactment of this Act, the Secretary of
Health and Human Services shall determine, and shall announce (in a
manner intended to provide notice to interested parties)
Medicare+Choice capitation rates under section 1853 of the Social
Security Act (42 U.S.C. 1395w-23) for 2001, revised in accordance with
the provisions of this Act.
(b) Reentry Into Program Permitted for Medicare+Choice Programs in
2000.--A Medicare+Choice organization that provided notice to the
Secretary of Health and Human Services as of July 3, 2000, that it was
terminating its contract under part C of title XVIII of the Social
Security Act or was reducing the service area of a Medicare+Choice plan
offered under such part shall be permitted to continue participation
under such part, or to maintain the service area of such plan, for 2001
if it provides the Secretary with the information described in section
1854(a)(1) of the Social Security Act (42 U.S.C. 1395w-24(a)(1)) within
4 weeks after the date of the enactment of this Act.
(c) Revised Submission of Proposed Premiums and Related
Information.--If--
(1) a Medicare+Choice organization provided notice to the
Secretary of Health and Human Services as of July 3, 2000, that
it was renewing its contract under part C of title XVIII of the
Social Security Act for all or part of the service area or
areas served under its current contract, and
(2) any part of the service area or areas addressed in such
notice includes a county for which the Medicare+Choice
capitation rate under section 1853(c) of such Act (42 U.S.C.
1395w-23(c)) for 2001, as determined under subsection (a), is
higher than the rate previously determined for such year,
such organization shall revise its submission of the information
described in section 1854(a)(1) of the Social Security Act (42 U.S.C.
1395w-24(a)(1)), and shall submit such revised information to the
Secretary, within 4 weeks after the date of the enactment of this Act.
SEC. 5. PROVISION OF EMERGENCY OUTPATIENT PRESCRIPTION DRUG COVERAGE
FOR MEDICARE BENEFICIARIES LOSING DRUG COVERAGE UNDER
MEDICARE+CHOICE PLANS.
(a) Temporary Coverage of Outpatient Prescription Drugs for
Medicare Beneficiaries Losing Prescription Drug Coverage Under
Medicare+Choice Plans.--
(1) In general.--The Secretary of Health and Human Services
shall provide for coverage of outpatient prescription drugs to
eligible medicare beneficiaries under this section. The
Secretary shall provide for such coverage by entering into
agreements with eligible organizations to furnish such
coverage.
(2) Term of emergency coverage.--The Secretary shall
provide coverage of outpatient prescription drugs to an
eligible medicare beneficiary under this section for the 24-
month period beginning on the date the eligible medicare
beneficiary loses coverage of outpatient prescription drugs
under the Medicare+Choice plan in which the beneficiary is
enrolled.
(3) Cost-sharing.--With respect to coverage of outpatient
prescription drugs furnished under this section, benefits under
this section shall not begin until the eligible medicare
beneficiary has met a $50 deductible.
(4) Payment.--The Secretary shall provide for payment for
such coverage under this section from the Emergency Reserve
Outpatient Prescription Drug Account established under
subsection (b).
(b) Account for Emergency Outpatient Prescription Drug Benefit in
SMI Trust Fund.--
(1) Establishment.--There is hereby established in the
Federal Supplementary Medical Insurance Trust Fund under
section 1841 of the Social Security Act (42 U.S.C. 1395t) an
expenditure account to be known as the ``Emergency Reserve
Outpatient Prescription Drug Account''.
(2) Crediting of funds.--The Managing Trustee shall credit
to the Emergency Reserve Outpatient Prescription Drug Account
such amounts as may be deposited in the Federal Supplementary
Medical Insurance Trust Fund as follows:
(A) Amounts appropriated to the account.
(B) Amounts equal to the annual outstanding balance
of the Health Care Fraud and Abuse Control Account
under section 1817(k) of the Social Security Act (42
U.S.C. 1395i(k)) at the end of each fiscal year that
the Secretary determines may be made available to the
Emergency Reserve Outpatient Prescription Drug Account.
(3) Use of funds.--Funds credited to the Outpatient
Prescription Drug Account may only be used to pay for
outpatient prescription drugs (and associated administrative
costs) furnished under this section.
(4) Conforming amendment.--Section 1817(k)(3)(C) of such
Act (42 U.S.C. 1395i(k)(3)(C)) is amended--
(A) by striking ``and'' at the end of clause (iv);
(B) by striking the period at the end of clause (v)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) providing temporary emergency
coverage of outpatient prescription drugs for
eligible beneficiaries under section 5 of the
Seniors' Health Care Restoration Act of
2000.''.
(c) Definitions.--In this section:
(1) Eligible medicare beneficiary.--The term ``eligible
medicare beneficiary'' means an individual--
(A) who is enrolled in a Medicare+Choice plan under
part C of title XVIII of the Social Security Act; and
(B)(i) whose enrollment in such plan is terminated
or may not be renewed or whose service area has been
reduced for the next contract year because the plan has
been terminated or will not be offered in such contract
year; or
(ii) whose coverage of outpatient prescription
drugs under such plan has been terminated,
significantly reduced, or no longer provides for the
coverage of a particular outpatient prescription drug
required.
(2) Covered outpatient drug.--
(A) In general.--Except as provided in subparagraph
(B), the term ``covered outpatient drug'' means any of
the following products:
(i) A drug which may be dispensed only upon
prescription, and--
(I) which is approved for safety
and effectiveness as a prescription
drug under section 505 of the Federal
Food, Drug, and Cosmetic Act;
(II)(aa) which was commercially
used or sold in the United States
before the date of enactment of the
Drug Amendments of 1962 or which is
identical, similar, or related (within
the meaning of section 310.6(b)(1) of
title 21 of the Code of Federal
Regulations) to such a drug, and (bb)
which has not been the subject of a final determination by the
Secretary that it is a ``new drug'' (within the meaning of section
201(p) of the Federal Food, Drug, and Cosmetic Act) or an action
brought by the Secretary under section 301, 302(a), or 304(a) of such
Act to enforce section 502(f) or 505(a) of such Act; or
(III)(aa) which is described in
section 107(c)(3) of the Drug
Amendments of 1962 and for which the
Secretary has determined there is a
compelling justification for its
medical need, or is identical, similar,
or related (within the meaning of
section 310.6(b)(1) of title 21 of the
Code of Federal Regulations) to such a
drug, and (bb) for which the Secretary
has not issued a notice of an
opportunity for a hearing under section
505(e) of the Federal Food, Drug, and
Cosmetic Act on a proposed order of the
Secretary to withdraw approval of an
application for such drug under such
section because the Secretary has
determined that the drug is less than
effective for all conditions of use
prescribed, recommended, or suggested
in its labeling.
(ii) A biological product which--
(I) may only be dispensed upon
prescription;
(II) is licensed under section 351
of the Public Health Service Act; and
(III) is produced at an
establishment licensed under such
section to produce such product.
(iii) Insulin approved under appropriate
Federal law.
(iv) A prescribed drug or biological
product that would meet the requirements of
clause (i) or (ii) but that is available over-
the-counter in addition to being available upon
prescription.
(B) Exclusion.--The term ``covered outpatient
drug'' does not include any product--
(i) except as provided in subparagraph
(A)(iv), which may be distributed to
individuals without a prescription;
(ii) when furnished as part of, or as
incident to, a diagnostic service or any other
item or service for which payment may be made
under title XVIII of the Social Security Act;
or
(iii) that is a therapeutically equivalent
replacement for a product described in clause
(i) or (ii), as determined by the Secretary.
(3) Eligible organization.--The term ``eligible
organization'' means any organization that the Secretary
determines to be appropriate, including--
(A) pharmaceutical benefit management companies;
(B) wholesale and retail pharmacist delivery
systems;
(C) insurers;
(D) other organizations; or
(E) any combination of the entities described in
subparagraphs (A) through (D).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Outlines provisions for a transition to revised Medicare+Choice payment rates.
Directs the Secretary to provide for coverage of outpatient prescription drugs for eligible Medicare beneficiaries.
Establishes in the Federal Supplementary Medical Insurance Trust Fund the Emergency Reserve Outpatient Prescription Drug Account for payment for such coverage. Provides for the crediting of funds to such Account. | {"src": "billsum_train", "title": "Seniors' Health Care Restoration Act of 2000"} | 2,528 | 75 | 0.393763 | 0.999423 | -0.111965 | 3.721311 | 34.934426 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Radicalism by Exploring
and Vetting its Emergence as a National Threat (PREVENT) Act''.
SEC. 2. NATIONAL COMMISSION ON THE PREVENTION OF RADICALIZATION.
(a) Establishment.--There is established in the legislative branch
the National Commission on Radicalization and Terrorism (in this title
referred to as the ``Commission''.
(b) Purposes.--The purposes of the Commission are the following:
(1) Examine and report upon the facts and causes relating
to radicalization in the United States, including United States
connections to non-United States persons and networks,
radicalization in prison, individual or ``lone wolf''
radicalization, radicalization in connection with gang
activity, radicalization and the use of the internet and other
facets of the phenomenon of radicalization that the Commission
considers important.
(2) Build upon and bring together the work of other
entities and avoid unnecessary duplication, by reviewing the
findings, conclusions, and recommendations of--
(A) the ongoing work of the National Consortium for
the Study of Terrorism and Responses to Terror, the
Homeland Security Policy Institute at the George
Washington University, and other academic work, as
appropriate;
(B) Federal, State, local or tribal studies on,
reviews of, and experiences with radicalization; and
(C) foreign governments and overseas experiences.
(3) Report to the President and the Congress on its
findings, conclusions, and recommendations for immediate and
long-term countermeasures to radicalization in the United
States and measures that can be taken to prevent radicalization
from developing and spreading within the United States.
(c) Composition of Commission.--
(1) Members.--The Commission shall be composed of 20
members, of whom--
(A) 4 members shall be appointed by the President,
one of whom shall be designated by the President to
serve as chairman of the Commission;
(B) 1 member shall be appointed by the Senate
majority leader;
(C) 1 member shall be appointed by the Senate
minority leader;
(D) 1 member shall be appointed by the Speaker of
the House of Representatives;
(E) 1 member shall be appointed by the minority
leader of the House of Representatives;
(F) 1 member shall be appointed by the Chairman of
the Homeland Security Committee of the House of
Representatives;
(G) 1 member shall be appointed by the ranking
minority member of the Homeland Security Committee of
the House of Representatives;
(H) 1 member shall be appointed by the Chairman of
the Permanent Select Committee on Intelligence of the
House of Representatives;
(I) 1 member shall be appointed by the ranking
minority member of the Permanent Select Committee on
Intelligence of the House of Representatives;
(J) 1 member shall be appointed by the Chairman of
the Judiciary Committee of the House of
Representatives;
(K) 1 member shall be appointed by the ranking
minority member of the Judiciary Committee of the House
of Representatives;
(L) 1 member shall be appointed by the Chairman of
the Homeland Security and Governmental Affairs
Committee of the Senate;
(M) 1 member shall be appointed by the ranking
minority member of the Homeland Security and
Governmental Affairs Committee of the Senate;
(N) 1 member shall be appointed by the Chairman of
the Select Committee on Intelligence of the Senate;
(O) 1 member shall be appointed by the ranking
minority member of the Select Committee on Intelligence
of the Senate;
(P) 1 member shall be appointed by the Chairman of
the Judiciary Committee of the Senate; and
(Q) 1 member shall be appointed by the ranking
minority member of the Judiciary Committee of the
Senate.
(2) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as law
enforcement, the armed services, sociology, psychology,
technology and social networking, law, public administration,
intelligence, corrections, and foreign affairs.
(3) Deadline for appointment.--All members of the
Commission shall be appointed on or before 6 months after the
date of the enactment of this Act.
(d) Meetings.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(2) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the Chairman or a
majority of its members.
(3) Quorum.--Eleven members of the Commission shall
constitute a quorum.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner in which the original
appointment was made.
(f) Powers of Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this section hold hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as may be
authorized by the Commission.
(B) Contracting.--The Commission may, to such
extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the
Commission to discharge its duties under this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes
of this section. The head of each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and support services
as they may determine advisable and as may be authorized by
law.
(h) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(i) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(j) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(k) Public Meetings.--
(1) In general.--The Commission shall hold public hearings
and meetings to the extent appropriate.
(2) Protection of information.--Any public hearings of the
Commission shall be conducted in a manner consistent with the
protection of information provided to or developed for or by
the Commission as required by any applicable statute,
regulation, or Executive order.
(l) Staff of Commission.--
(1) Appointment and compensation.--The chairman of the
Commission, in consultation with the vice chairman and in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
employees of the Commission shall be employees under
section 2105 of title 5, United States Code, for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(3) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(4) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
(5) Emphasis on security clearances.--Emphasis shall be
made to hire employees and retain contractors and detailees
with active security clearances.
(m) Compensation and Travel Expenses.--
(1) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(n) Security Clearances for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person shall be
provided with access to classified information under this section
without the appropriate security clearances.
(o) Reports of Commission.--
(1) Interim reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(2) Final report.--Not later than 24 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(3) Public availability.--The Commission shall release
public versions of the reports required under this subsection.
(p) Termination.--The Commission, and all the authorities under
this section, shall terminate 60 days after the date on which the final
report is submitted under subsection (o)(2).
(q) Funding.--
(1) In general.--There is authorized to be appropriated to
the Commission $9,000,000 for the activities of the Commission
under this section.
(2) Duration of availability.--Amounts made available to
the Commission under paragraph (1) shall remain available until
the earlier of the expenditure of the amounts or the
termination of the Commission.
(r) Radicalization Defined.--In this section the term
``radicalization'' means the process of adopting an extremist belief
system, including the willingness to use, support, or facilitate
violence, as a method to effect societal change.
SEC. 3. EVALUATION OF PROTECTED CRITICAL INFRASTRUCTURE INFORMATION
INCENTIVES.
(a) In General.--The Secretary of Homeland Security shall work with
the Center for Risk and Economic Analysis of Terrorism Events (CREATE),
led by the University of Southern California, to evaluate the
feasibility and practicality of creating further incentives for private
sector critical infrastructure stakeholders to participate in the
sharing of Protected Critical Infrastructure Information.
(b) Included Incentives.--Incentives evaluated under this section
shall include, but not be limited to, tax incentives, grant eligibility
incentives, and certificates of compliance and other non-monetary
incentives.
(c) Recommendations.--The evaluation shall also include
recommendations on the structure and thresholds of any incentive
program. | Preventing Radicalism by Exploring and Vetting its Emergence as a National Threat (PREVENT) Act - Establishes in the legislative branch the National Commission on Radicalization and Terrorism to: (1) examine and report upon facts and causes relating to radicalization in the United States; (2) build upon the work of and work together with related advisory bodies, and review the findings of related studies and academic works; and (3) report to the President and Congress on recommendations for countermeasures to radicalization, and measures to prevent radicalization from developing and spreading, within the United States.
Directs the Secretary of Homeland Security to work with the Center for Risk and Economic Analysis of Terrorism Events (CREATE), led by the University of Southern California, to evaluate the feasibility and practicality of creating further incentives for private sector critical infrastructure stakeholders to participate in the sharing of protected critical infrastructure information. | {"src": "billsum_train", "title": "To establish a National Commission on the Prevention of Radicalization, to enhance information sharing, and for other purposes."} | 2,793 | 191 | 0.628005 | 1.909984 | 0.90444 | 6.311377 | 15.580838 | 0.958084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Travelers Bill of
Rights Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Site operator.--The term ``site operator'' means an
individual or entity that operates a Web site that provides
access to international travel services. Such term includes an
overseas vacation destination or a third party that operates a
Web site that offers international travel services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) International travel services.--The term
``international travel services'' means a service that a
consumer can use to reserve lodging at an overseas vacation
destination.
(4) Overseas vacation destination.--The term ``overseas
vacation destination'' means a resort, hotel, retreat, hostel,
or any other similar lodging located outside the United States.
(5) United states.--The term ``United States'' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY
RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS.
(a) In General.--A site operator, in a manner in compliance with
regulations issued by the Commission and with the requirements of this
Act, shall provide information on its Web site to consumers in a clear
and conspicuous manner regarding the potential health and safety risks
associated with overseas vacation destinations marketed on its Web
site, if any, including the following:
(1) Information compiled by the Department of State,
including Department of State country-specific travel warnings
and alerts.
(2) Information regarding the onsite health and safety
services that are available to consumers at each overseas
vacation destination, including whether the destination--
(A) employs or contracts with a physician or nurse
on the premises to provide medical treatment for
guests;
(B) employs or contracts with personnel, other than
a physician, nurse, or lifeguard, on the premises who
are trained in cardiopulmonary resuscitation;
(C) has an automated external defibrillator and
employs or contracts with 1 or more individuals on the
premises trained in its use; and
(D) employs or contracts with 1 or more lifeguards
on the premises trained in cardiopulmonary
resuscitation, if the overseas vacation destination has
swimming pools or other water-based activities on its
premises, or in areas under its control for use by
guests.
(b) Services Not Available 24 Hours a Day.--If the onsite health
and safety services at an overseas vacation destination are not
available 24 hours a day, 7 days a week, the site operator shall
display the hours and days of availability on its Web site in a clear
and conspicuous manner.
(c) Information Not Available.--If the onsite health and safety
services described in subsection (a)(2) are not available at an
overseas vacation destination, or if the site operator does not possess
information on the onsite health and safety services required to be
displayed on its Web site, the site operator shall display in a clear
and conspicuous manner the following: ``This destination does not
provide certain health and safety services, or information regarding
such services is not available. Travel to this destination may pose an
increased risk to your health or safety.''.
SEC. 4. CONSUMER COMPLAINTS.
(a) Suspension.--A site operator shall establish a process under
which an overseas vacation destination will be suspended from its Web
site as a result of complaints from consumers to the site operator
regarding poor medical care, unsafe or unsanitary facilities, or other
health-related issues with respect to such destination.
(b) Public Availability.--A site operator shall make all complaints
submitted by consumers publicly available on its Web site and may
modify the contents of such complaints at the request of the
complainant or may remove offensive language and personal
identification information.
SEC. 5. ENFORCEMENT.
(a) In General.--A violation of any provision of this Act shall be
treated as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce
this Act in the same manner, by the same means, and with the same
jurisdiction as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this Act.
(b) Deadline for Issuance of Regulations.--The Commission shall
issue regulations to carry out this Act not later than 6 months after
the date of the enactment of this Act. | International Travelers Bill of Rights Act of 2011 - Requires an individual or entity that operates a website that provides access to international travel services to provide on its website, in a clear and conspicuous way, information regarding the health and safety risks of overseas vacation destinations marketed on the site, including (1) information compiled by the Department of State that includes country-specific travel warnings and alerts; and (2) information on the availability of onsite health and safety services or a disclaimer that such services may not be available and travel may pose an increased risk to health or safety.
Requires a site operator to: (1) establish a process under which an overseas vacation destination will be suspended from its website as a result of consumer complaints regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues; and (2) make all such complaints publicly available on its website. Allows an operator to modify complaints at the request of the complainant and to remove offensive language and personal identification information.
Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. | {"src": "billsum_train", "title": "To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site."} | 1,072 | 235 | 0.638211 | 1.941195 | 0.986727 | 4.224299 | 4.471963 | 0.953271 |
SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ.
(a) Plan.--Not later than 90 days after the date of the enactment
of this Act, the President, in consultation with the Secretary of
Defense and the Joint Chiefs of Staff, shall transmit to Congress a
plan, containing dates certain, except as provided in subsection (c),
for the commencement and completion by the Secretary of a phased
redeployment of United States Armed Forces from Iraq, as well as an
outline of how the redeployment process will take place, in accordance
with the factors specified in subsection (b).
(b) Factors.--In determining the dates certain required under
subsection (a), and in planning the phased redeployment of United
States Armed Forces from Iraq, the President, in consultation with the
Secretary of Defense and the Joint Chiefs of Staff, shall take into
consideration the following:
(1) The decision of the Government of the United States to
dismantle all Iraqi Security Forces, including the Army,
police, and border patrol.
(2) The redeployment of United States Armed Forces should
take place as equivalent Iraqi Security Forces become capable.
(3) Priority in the redeployment process should be given to
combat soldiers, to be followed, in an order considered
appropriate by the President, in consultation with the
Secretary and the Joint Chiefs, by those members of the United
States Armed Forces who provide logistics, transportation,
medical, or other forms of support.
(c) Expedited Redeployment Required.--If the President, in
consultation with the Secretary of Defense and the Joint Chiefs of
Staff, determines that conditions on the ground in Iraq improve more
quickly than initially anticipated in the plan required under
subsection (a), the Secretary shall commence, prior to the dates
certain contained in such plan, the phased redeployment of United
States Armed Forces from Iraq.
(d) Iraqi Vote on United States Plan.--Congress encourages the
Government of Iraq to hold a vote in the Iraqi Council of
Representatives or among the Iraqi general voting public not later than
180 days after the date on which the President transmits the plan
required under subsection (a), approving or disapproving the plan and
timeline to redeploy United States Armed Forces from Iraq. Unless 60
percent of the members of the Council of Representatives or the Iraqi
general voting public vote to approve the plan and timeline to redeploy
United States Armed Forces from Iraq, the President should commence the
phased redeployment of United States Armed Forces from Iraq within 60
days of the Iraqi vote.
(e) Further Deployment Restricted.--After completion of the phased
redeployment of United States Armed Forces from Iraq, the Secretary of
Defense may not deploy or maintain members of the United States Armed
Forces in Iraq for any purpose other than the following:
(1) Protecting United States diplomatic facilities and
United States citizens, including members of the United States
Armed Forces.
(2) Serving in roles consistent with customary diplomatic
positions.
(3) Engaging in targeted special actions limited in
duration and scope to killing or capturing members of al-Qaeda
and other terrorist organizations with global reach.
(4) Training members of the Iraqi Security Forces.
(f) Determinations.--Not later than 90 days after the date of the
enactment of this Act, the President shall make and transmit to
Congress the following determinations, along with reports in classified
and unclassified form detailing the basis for each determination:
(1) Whether the Government of Iraq has given United States
Armed Forces and Iraqi Security Forces the authority to pursue
all extremists, including Sunni insurgents and Shiite militias,
and is making substantial progress in delivering necessary
Iraqi Security Forces for Baghdad and protecting such Forces
from political interference; intensifying efforts to build
balanced security forces throughout Iraq that provide even-
handed security for all Iraqis; ensuring that Iraq's political
authorities are not undermining or making false accusations
against members of the Iraqi Security Forces; eliminating
militia control of local security; establishing a strong
militia disarmament program; ensuring fair and just enforcement
of laws; establishing political, media, economic, and service
committees in support of the Baghdad Security Plan; and
eradicating safe havens.
(2) Whether the Government of Iraq is making substantial
progress in meeting its commitment to pursue reconciliation
initiatives, including enactment of a hydro-carbon law;
adoption of legislation necessary for the conduct of provincial
and local elections; reform of current laws governing the de-
Baathification process; amendment of the Constitution of Iraq;
and allocation of Iraqi revenues for reconstruction projects.
(3) Whether the Government of Iraq and United States Armed
Forces are making substantial progress in reducing the level of
sectarian violence in Iraq. | Directs the President to transmit to Congress a plan for the commencement and completion by the Secretary of Defense of a phased redeployment of U.S. Armed Forces from Iraq, as well as an outline of how the redeployment process will take place, in accordance with specified factors.
Encourages the government of Iraq to vote on the approval or disapproval of the plan.
Prohibits the Secretary, after such redeployment, from deploying or maintaining U.S. Armed Forces in Iraq for any purpose other than: (1) protecting U.S. diplomatic facilities and U.S. citizens; (2) serving in roles consistent with customary diplomatic positions; (3) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and (4) training members of the Iraqi Security Forces.
Requires the President to make and transmit to Congress certain determinations in connection with the phased redeployment. | {"src": "billsum_train", "title": "To require the President to develop a plan containing dates certain for the commencement and completion of a phased redeployment of United States Armed Forces from Iraq, and for other purposes."} | 1,081 | 215 | 0.66246 | 2.070652 | 1.090621 | 5.347059 | 5.623529 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Tuberculosis
Elimination Act of 2001''.
TITLE I--INTERAGENCY COLLABORATION
SEC. 101. COMMITTEE ON INTERAGENCY COLLABORATION FOR TUBERCULOSIS
ELIMINATION.
(a) In General.--The Secretary of Health and Human Services shall
provide for the ongoing operation of a committee to be known as the
Committee on Interagency Collaboration for Tuberculosis Elimination.
(b) Duties.--
(1) In general.--For the purpose of making progress toward
the goal of eliminating tuberculosis, the Committee shall
provide to the Secretary and other appropriate Federal
officials advice on coordinating the activities of the Public
Health Service and other Federal agencies that relate to such
disease and on efficiently utilizing the Federal resources
involved. In carrying out this subsection, the Committee shall
consider the recommendations of the Institute of Medicine
regarding the elimination of tuberculosis.
(2) National plan.--In carrying out paragraph (1), the
Committee, in consultation with appropriate public and private
entities, shall make recommendations on the development and
implementation of a national plan that, with respect to
tuberculosis, provides for training and education for health
care workers, persons with or at-risk of such disease, and the
general public.
(3) Global activities.--In carrying out paragraph (1), the
Committee, in consultation with appropriate public and private
entities, shall make recommendations for the development and
implementation of a plan to guide the involvement of the United
States in global tuberculosis-control activities, including
recommendations regarding policies, strategies, objectives, and
priorities. Such recommendations for the plan shall have a
focus on high-burden countries and on access to directly
observed treatment, short course (commonly known as DOTS).
(c) Composition.--The Committee shall be composed of--
(1) representatives from the Centers for Disease Control
and Prevention, the National Institutes of Health, the Agency
for Healthcare Research and Quality, and all other Federal
departments and agencies that carry out activities relating to
tuberculosis; and
(2) members appointed from among individuals who are not
officers or employees of the Federal Government.
(d) Definitions.--For purposes of this section:
(1) The term ``Committee'' means the Committee on
Interagency Collaboration for Tuberculosis Elimination.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION
SEC. 201. NATIONAL PROGRAM FOR TUBERCULOSIS ELIMINATION.
Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is
amended--
(1) by striking the heading for the section and inserting
the following:
``national program for tuberculosis elimination'';
(2) by amending subsection (b) to read as follows:
``(b) Research, Demonstration Projects, Education, and Training.--
With respect to the prevention, control, and elimination of
tuberculosis, the Secretary may, directly or through grants to public
or nonprofit private entities, carry out the following:
``(1) Research, with priority given to research
concerning--
``(A) diagnosis and treatment of latent infection
of tuberculosis;
``(B) strains of tuberculosis resistant to drugs;
``(C) cases of tuberculosis that affect certain
populations; and
``(D) clinical trials, including a tuberculosis
trials consortium.
``(2) Demonstration projects for--
``(A) the development of regional capabilities for
the prevention, control, and elimination of
tuberculosis; and
``(B) collaboration with the Immigration and
Naturalization Service to identify and treat immigrants
with active or latent tuberculosis infection.
``(3) Public information and education programs.
``(4) Education, training and clinical skills improvement
activities for health professionals, including allied health
personnel.
``(5) Support of model centers to carry out activities
under paragraphs (1) through (4).
``(6) Collaboration with international organizations and
foreign countries in carrying out such activities, including
coordinating activities through the Committee on Interagency
Collaboration for Tuberculosis Elimination.'';
(3) in subsection (f), by adding at the end the following:
``(4) Annual reports.--The Council shall annually submit to
the Congress and the Secretary a report on the activities
carried out under this subsection. The report shall include the
opinion of the Council on the extent to which the
recommendations of the Institute of Medicine regarding
tuberculosis have been implemented.''; and
(4) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $528,000,000
for fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.''.
TITLE III--NATIONAL INSTITUTES OF HEALTH
SEC. 301. ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424B the
following section:
``tuberculosis
``Sec. 424C. (a) In General.--The Director of the Institute shall
expand, intensify, and coordinate research and related activities of
the Institute with respect to tuberculosis, including activities toward
the goal of eliminating such disease.
``(b) Certain Activities.--Activities under subsection (a) shall
include--
``(1) enhancing basic and clinical research on
tuberculosis; and
``(2) expanding research on the relationship between such
disease and the human immunodeficiency virus.
``(c) Research Education.--
``(1) Tuberculosis academic awards.--The Director of the
Institute may provide awards to faculty of schools of medicine
or osteopathic medicine to assist such faculty in developing
high quality curricula in such schools designed to
significantly increase the opportunities for interested
individuals, including students of the school and practicing
physicians and nurses, to learn the principles and practices of
preventing, managing, and controlling tuberculosis.
``(2) Tuberculosis/pulmonary infection awards.--The
Director of the Institute may provide awards to support the
career development of clinically trained professionals who are
committed to research regarding pulmonary infections and
tuberculosis by providing for supervised study and research.
``(3) Authorization of appropriations.--
``(A) Tuberculosis academic awards.--For the
purpose of carrying out paragraph (1), there are
authorized to be appropriated $5,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the fiscal years 2003 through 2006.
``(B) Tuberculosis/pulmonary infection awards.--For
the purpose of carrying out paragraph (2), there are
authorized to be appropriated $5,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the fiscal years 2003 through 2006.''.
SEC. 302. ACTIVITIES OF NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES.
Section 447A of the Public Health Service Act (42 U.S.C. 285f-2) is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following
subsection:
``(b) Activities under subsection (a) shall include activities to
develop a tuberculosis vaccine. Such activities shall be carried out in
accordance with the blueprint for tuberculosis vaccine development
described in the report prepared pursuant to the workshop convened in
March 1998 by the Advisory Council for Elimination of Tuberculosis, the
Director of the National Vaccine Program, and the Director of the
Institute.''; and
(3) in subsection (c) (as so redesignated), in the first
sentence--
(A) by striking ``and'' after ``1994,''; and
(B) by inserting before the period the following:
``, $240,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the fiscal years 2003
through 2006''.
SEC. 303. JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN
THE HEALTH SCIENCES.
Section 482 of the Public Health Service Act (42 U.S.C. 287b) is
amended--
(1) by inserting ``(a) In General.--'' before ``The general
purpose'';
(2) in subsection (a) (as so designated), by inserting
after ``Health Sciences'' the following: ``(in this subpart
referred to as the `Center')''; and
(3) by adding at the end the following subsection:
``(b) Tuberculosis.--
``(1) In general.--In carrying out subsection (a) with
respect to tuberculosis, the Center shall expand, intensify,
and coordinate international activities of the Center for
research and training.
``(2) International training program.--In carrying out
paragraph (1), the Center shall carry out an international
training program regarding tuberculosis. Such program shall be
modeled after the international training program carried out by
the Center with respect to the human immunodeficiency virus.''.
SEC. 304. LOAN REPAYMENT PROGRAMS REGARDING RESEARCH ON TUBERCULOSIS.
Part G of title IV of the Public Health Service Act (42 U.S.C. 288
et seq.) is amended--
(1) by redesignating the second section 487F as section
487G; and
(2) by inserting after section 487G (as so redesignated)
the following section:
``loan repayments regarding research on tuberculosis
``Sec. 487H. In carrying out sections 487C, 487E, and 487F, the
Secretary shall seek to ensure that, for fiscal year 2002 and
subsequent fiscal years, a portion of amounts appropriated to carry out
such sections is reserved for the purpose of entering into contracts
under which (in accordance with the section involved) individuals will
conduct research on tuberculosis.''. | Comprehensive Tuberculosis Elimination Act of 2001 - Amends the Public Health Service Act to provide for the ongoing operation of a committee to be known as the Committee on Interagency Collaboration for Tuberculosis Elimination. Requires the Committee to: (1) provide advice on coordinating the activities of the Public Health Service and other Federal agencies that relate to such disease and on efficiently utilizing Federal resources; (2) make recommendations on the development and implementation of a national plan; and (3) make recommendations for the development and implementation of a plan to guide the involvement of the United States in global tuberculosis-control activities.Revises provisions concerning preventive health services regarding tuberculosis by: (1) renaming such provisions national program for tuberculosis elimination; (2) revising the authorities of the Secretary of Health and Human Services under such provisions; and (3) authorizing appropriations through FY 2006.Revises provisions concerning tuberculosis with respect to the activities of the: (1) National Heart, Lung, and Blood Institute; (2) National Institute of Allergy and Infectious Diseases; and (3) the John E. Fogarty International Center for Advanced Study in the Health Sciences. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes."} | 2,388 | 268 | 0.661391 | 1.91319 | 0.912595 | 5.32093 | 9.427907 | 0.92093 |
SECTION 1. PAYMENTS FOR FUTURE LOSSES IN A HEALTH CARE LIABILITY
ACTION.
(a) In General.--In any health care liability action, brought under
Federal law or in a Federal court, in which the damages awarded to a
claimant for future economic and noneconomic loss combined exceed
$50,000, the claimant shall not be required to receive such damages in
a single, lump-sum payment.
(b) Periodic Payments.--A claimant who is awarded damages described
in subsection (a) shall be entitled to request the court to order that
such damages be paid in whole or in part on a periodic basis. A court
awarding such periodic payments shall attempt to ensure that the amount
of such payments, along with any lump-sum payment, constitute a full
recovery of the claimant's future loss and that the payment schedule is
in the best interests of the claimant.
SEC. 2. NONAPPLICABILITY.
Section 1 shall not apply with respect to any health care liability
action--
(1) for damages arising from a vaccine-related injury or
death to the extent that title XXI of the Public Health Service
Act (42 U.S.C. 300aa-10 et seq.) applies to the action; or
(2) under the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.).
SEC. 3. FINALITY OF JUDGMENT.
Except where specifically authorized by statute, the judgment of a
court awarding periodic payments described in section 1(b) may not, in
the absence of fraud, be reopened at any time to contest, amend, or
modify the schedule or amount of the payments.
SEC. 4. ASSURANCE OF FUTURE PERIODIC PAYMENTS.
A court awarding periodic payments described in section 1(b) shall,
upon request of the claimant to receive the award, require the person
ordered to make the payments to make assurances that satisfy the court
that the payments will be made by--
(1) making a qualified assignment (as described in section
130 of the Internal Revenue Code of 1986) of the periodic
payment liability;
(2) purchasing an annuity contract issued by a company
licensed to do business as an insurance company under the laws
of any State;
(3) purchasing obligations of the United States; or
(4) providing other assurances.
SEC. 5. LUMP-SUM SETTLEMENTS.
This Act shall not be construed to preclude a settlement that
provides for a single, lump-sum payment.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``claimant'' means any person who brings a
health care liability action and any person on whose behalf
such an action is brought;
(2) the term ``health benefit plan'' means--
(A) a hospital or medical expense incurred policy
or certificate;
(B) a hospital or medical service plan contract;
(C) a health maintenance subscriber contract; or
(D) a Medicare+Choice plan (offered under part C of
title XVIII of the Social Security Act),
that provides benefits with respect to health care services;
(3) the term ``health care liability action'' means a civil
action against--
(A) a health care provider;
(B) an entity which is obligated to provide or pay
for health benefits under any health benefit plan
(including any person or entity acting under a contract
or arrangement to provide or administer any health
benefit); or
(C) the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product,
in which the claimant alleges a claim (including third party
claims, cross claims, counter claims, or contribution claims)
based upon the provision of (or the failure to provide or pay
for) health care services or the use of a medical product;
(4) the term ``health care provider'' means any person
engaged in the delivery of health care services in a State that
is required by the laws or regulations of the State to be
licensed or certified by the State to engage in the delivery of
such services in the State;
(5) the term ``health care services'' means services
eligible for payment under a health benefit plan, including
services related to the delivery or administration of such
services; and
(6) the term ``medical product'' means, with respect to the
allegation of a claimant, a drug (as defined in section
201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1)) or a device (as defined in section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))
if--
(A) such drug or device--
(i) was subject to premarket approval under
section 505 or 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355 or 360e) or
licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262) with respect to the
safety of the formulation or performance of the
aspect of such drug or device which is the
subject of the claimant's allegation or the
adequacy of the packaging or labeling of such
drug or device; and
(ii) was approved by the Food and Drug
Administration at the time that the claimant's
claim of action arose; or
(B) the drug or device is generally recognized as
safe and effective under regulations issued by the
Secretary of Health and Human Services under section
201(p) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(p)),
except that such term shall not include any product that the
claimant can show gained approval for marketing from the Food
and Drug Administration as a result of withheld information,
misrepresentation, or an illegal payment by the manufacturer of
the product. | Provides that in a health care liability action brought under Federal law or in Federal court in which damages awarded to a claimant for future economic and noneconomic loss combined exceed $50,000, the claimant shall not be required to receive such damages in a single, lump-sum payment.
Entitles such claimant to request the court to order payment in whole or in part on a periodic basis. Requires a court awarding periodic payments to attempt to ensure that the amount of such payments, along with any lump-sum payment, constitute a full recovery of the claimant's future loss and that the payment schedule is in the best interests of the claimant.
(Sec. 2) Makes such provisions inapplicable to any such action: (1) for damages arising from a vaccine-related injury or death to the extent that provisions of the Public Health Service Act (regarding the National Vaccine Injury Compensation Program) apply; or (2) under the Employee Retirement Income Security Act of 1974.
(Sec. 3) Provides that, except where specifically authorized by statute, the judgment of a court awarding periodic payments may not, in the absence of fraud, be reopened at any time to contest, amend, or modify the schedule or amount of the payments.
(Sec. 4) Directs that a court awarding such periodic payments, upon request of the claimant to receive the award, require the person ordered to make the payments to make assurances that satisfy the court that the payments will be made by: (1) making a qualified assignment of the periodic payment liability; (2) purchasing an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State; (3) purchasing obligations of the United States; or (4) providing other assurances.
(Sec. 5) Specifies that this Act shall not be construed to preclude a settlement that provides for a single, lump-sum payment. | {"src": "billsum_train", "title": "To establish rules for the payment of damage awards for future losses in certain health care liability actions."} | 1,305 | 419 | 0.858829 | 3.049 | 0.930817 | 8.103448 | 3.153846 | 0.95756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Gaming Regulatory Act
Amendments of 2004''.
SEC. 2. DEFINITIONS.
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is
amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), and (10), as paragraphs (6), (7), (8), (3), (4), (5), and
(11), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) Regulated person or entity.--The term `regulated
person or entity' means--
``(A) an Indian tribe;
``(B) a tribal operator of an Indian gaming
operation;
``(C) a management contractor engaged in Indian
gaming;
``(D) any person that is associated with--
``(i) a gaming operation, or any part of a
gaming operation, of an Indian tribe; or
``(ii) a gaming-related contractor of an
Indian tribe; and
``(E) any person that--
``(i) agrees, by contract or otherwise, to
provide a tribal gaming operation with
supplies, a service, or a concession with an
estimated value in excess of $25,000 annually
(not including a contract for a legal or
accounting service, commercial banking service,
or public utility service); or
``(ii) requests a suitability determination
by the Commission, or by an Indian tribe or
State, as part of an effort--
``(I) to acquire a direct financial
interest in, or management
responsibility for, a management
contract for operation of a tribal
gaming facility; or
``(II) to participate in a gaming-
related activity that requires a
licensing decision by an Indian tribe
or State.''.
SEC. 3. NATIONAL INDIAN GAMING COMMISSION.
Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraph (B);
(2) by striking subsection (c) and inserting the following:
``(c) Vacancies.--
``(1) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment.
``(2) Service after expiration of term.--A member may serve
after the expiration of the member's term at the pleasure of
the officer of the United States who appointed the member.'';
and
(3) in the second sentence of subsection (e), by striking
``during meetings of the Commission in the absence of the
Chairman'' and inserting ``in the absence of, or during any
period of disability of, the Chairman''.
SEC. 4. POWERS OF CHAIRMAN.
Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is
amended--
(1) in subsection (a)--
(A) by striking ``, on behalf of the Commission,'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(5) to issue to a regulated person or entity an order
that--
``(A) requires an accounting and disgorgement, with
interest;
``(B) reprimands or censures; or
``(C) places a limitation on a gaming activity or
gaming function.''; and
(2) by adding at the end the following:
``(c) Delegation.--The Chairman may delegate to any member of the
Commission, on such terms and conditions as the Chairman may determine,
any power of the Chairman under subsection (a).
``(d) Manner of Exercise.--Authority under subsection (a) shall be
exercised in a manner that is consistent with--
``(1) due process of law;
``(2) this Act; and
``(3) the rules, findings, and determinations made by the
Commission in accordance with applicable law.''.
SEC. 5. POWERS OF THE COMMISSION.
Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is
amended--
(1) in subsection (a)(5), by striking ``permanent'' and
inserting ``final'';
(2) in subsection (b)--
(A) in paragraphs (1), (2), and (4), by inserting
``and class III gaming'' after ``class II gaming'';
(B) in paragraph (9), by striking ``and'' at the
end;
(C) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(11) may, in case of contumacy by, or refusal to obey any
subpoena issued to, any person, request the Attorney General to
invoke the jurisdiction of any court of the United States,
within the geographical jurisdiction of which a person to whom
the subpoena was directed is an inhabitant, is domiciled, is
organized, has appointed an agent for service of process,
transacts business, or is found, to compel compliance with the
subpoena to require the attendance and testimony of witnesses
and the production of records; and
``(12) subject to subsection (c), may accept gifts on
behalf of the Commission.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Gifts.--
``(1) In general.--The Commission shall not accept a gift--
``(A) that attaches a condition that is
inconsistent with any applicable law (including a
regulation); or
``(B) that is conditioned on, or will require, the
expenditure of appropriated funds that are not
available to the Commission.
``(2) Regulations.--The Commission shall promulgate
regulations specifying the criteria to be used to determine
whether the acceptance of a gift would--
``(A) adversely affect the ability of the
Commission or any employee of the Commission to carry
out the duties of the Commission in a fair and
objective manner; or
``(B) compromise the integrity or the appearance of
the integrity of any official involved in a program of
the Commission.
``(d) Regulatory Plan.--
``(1) In general.--The Commission shall develop a
nonbinding regulatory plan for use in carrying out activities
of the Commission.
``(2) Treatment.--In developing the regulatory plan, the
Commission shall not be bound by chapter 6 of title 5, United
States Code.
``(3) Contents.--The regulatory plan shall include--
``(A) a comprehensive mission statement describing
the major functions and operations of the Commission;
``(B) a description of the goals and objectives of
the Commission;
``(C) a description of the general means by which
those goals and objectives are to be achieved,
including a description of the operational processes,
skills, and technology and the human resources,
capital, information, and other resources required to
achieve those goals and objectives;
``(D) a performance plan for achievement of those
goals and objectives, including provision for a report
on the actual performance of the Commission as measured
against the goals and objectives;
``(E) an identification of the key factors that are
external to, or beyond the control of, the Commission
that could significantly affect the achievement of
those goals and objectives; and
``(F) a description of the program evaluations used
in establishing or revising those goals and objectives,
including a schedule for future program evaluations.
``(4) Duration.--The regulatory plan shall cover a period
of not less than 5 fiscal years, beginning with the fiscal year
in which the plan is developed.
``(5) Revision.--The regulatory plan shall be revised
biennially.''.
SEC. 6. COMMISSION STAFFING.
Section 8 of the Indian Gaming Regulatory Act (25 U.S.C. 2707) is
amended--
(1) in subsection (a), by striking ``basic pay payable for
GS-18 of the General Schedule under section 5332 of title 5''
and inserting ``pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, as
adjusted under section 5318 of that title'';
(2) in the second sentence of subsection (b), by striking
``basic pay payable for GS-17 of the General Schedule under
section 5332 of that title'' and inserting ``pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, as adjusted under section 5318 of that
title''; and
(3) in subsection (c), by striking ``basic pay payable for
GS-18 of the General Schedule'' and inserting ``pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, as adjusted under section 5318 of that
title''.
SEC. 7. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
(1) in subsection (b)(2)(F)(i)--
(A) by inserting ``tribal gaming commissioners, key
tribal gaming commission employees, and'' after
``conducted on'';
(B) by inserting ``primary management officials and
key employees'' after ``oversight of''; and
(C) by striking ``such officials and their
management''; and
(2) in subsection (d)(9), by striking ``the provisions of
subsections (b), (c), (d), (f), (g), and (h) of''.
SEC. 8. MANAGEMENT CONTRACTS.
Section 12(a)(1) of the Indian Gaming Regulatory Act (25 U.S.C.
2711(a)(1)) is amended by inserting ``or a class III gaming activity
that the Indian tribe may engage in under section 11(d)'' after
``section 11(b)(1)''.
SEC. 9. CIVIL PENALTIES.
Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is
amended--
(1) by striking the section heading and all that follows
through ``provide such tribal operator or management
contractor'' in subsection (a)(3) and inserting the following:
``SEC. 14. CIVIL PENALTIES.
``(a) In General.--
``(1) Levy and collection.--Subject to such regulations as
the Commission may promulgate, the Chairman shall have
authority to--
``(A) levy and collect appropriate civil fines, not
to exceed $25,000 per violation, per day;
``(B) issue orders requiring accounting and
disgorgement, including interest; and
``(C) issue orders of reprimand, censure, or the
placement of limitations on gaming activities and
functions of any regulated person or entity for any
violation of any provision of this Act, Commission
regulations, or tribal regulations, ordinances, or
resolutions approved under section 11 or 13.
``(2) Appeal.--The Commission shall by regulation provide
an opportunity for an appeal and hearing before the Commission
of an action taken under paragraph (1).
``(3) Complaint.--If the Commission has reason to believe
that a regulated person or entity is engaged in activities
regulated by this Act (including regulations promulgated under
this Act), or by tribal regulations, ordinances, or resolutions
approved under section 11 or 13, that may result in the
imposition of a fine under subsection (a)(1), the permanent
closure of a game, or the modification or termination of a
management contract, the Commission shall provide the regulated
person or entity.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``game'' and
inserting ``gaming operation, or any part of a gaming
operation,''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``permanent'' and inserting ``final''; and
(ii) in the second sentence, by striking
``order a permanent closure of the gaming
operation'' and inserting ``make final the
order of closure''; and
(3) in subsection (c), by striking ``permanent closure''
and inserting ``closure, accounting, disgorgement, reprimand,
or censure or placement of a limitation on a gaming activity or
function''.
SEC. 10. SUBPOENA AND DEPOSITION AUTHORITY.
Section 16 of the Indian Gaming Regulatory Act (25 U.S.C. 2715) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Judicial Enforcement.--On application of the Attorney
General, a district court of the United States shall have jurisdiction
to issue a writ of mandamus, injunction, or order commanding any person
to comply with this Act.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively, and inserting
after subsection (c) the following:
``(d) Failure To Obey Subpoena.--
``(1) In general.--In case of a failure to obey a subpoena
issued by the Commission or the Chairman and on request of the
Commission or Chairman, the Attorney General may apply to the
United States District Court for the District of Columbia or
any United States district court within the geographical
jurisdiction of which a person to whom the subpoena was
directed is an inhabitant, is domiciled, is organized, has
appointed an agent for service of process, transacts business
or is found, to compel compliance with the subpoena.
``(2) Remedies.--On application under paragraph (1), the
court shall have jurisdiction to--
``(A) issue a writ commanding the person to comply
with the subpoena; or
``(B) punish a failure to obey the writ as a
contempt of court.
``(3) Process.--Process to a person in any proceeding under
this subsection may be served wherever the person may be found
in the United States or as otherwise authorized by law or by
rule or order of the court.''.
SEC. 11. COMMISSION FUNDING.
Section 18(a)(2) of the Indian Gaming Regulatory Act (25 U.S.C.
2717(a)(2)) is amended by striking subparagraph (B) and inserting the
following:
``(B) Limitation.--The total amount of all fees
imposed during any fiscal year under the schedule
established under paragraph (1) shall not exceed 0.080
percent of the gaming revenues of all gaming operations
subject to regulation by the Commission.''.
SEC. 12. PRESERVATION OF EXISTING STATUS.
Nothing in this Act or any amendment made by this Act expands,
limits, or otherwise affects any immunity that an Indian tribe may have
under applicable law. | Indian Gaming Regulatory Act Amendments of 2004 - Amends the Indian Gaming Regulatory Act to define a regulated person or entity to be a Indian tribe, a tribal operator of an Indian gaming operation, or any related management contractor or associated person, including certain concessionaires.
Revises procedures for filling vacancies on the National Indian Gaming Commission and the powers of the Chairman.
Directs the Commission to monitor, inspect, and access records of class III gaming. Authorizes it, in the case of contumacy by, or refusal to obey any subpoena issued to, any person, to request the Attorney General to invoke the jurisdiction of any U.S. court to compel compliance.
Authorizes the Commission to accept gifts on its behalf, subject to specified prohibitions.
Requires the Commission to develop a nonbinding minimum five-year regulatory plan to carry out its activities.
Adjusts the salary of the General Counsel to the Commission and of other staff.
Requires Commission Chairman approval of any tribal gaming ordinance that provides for a system ensuring background investigations and continuing oversight of tribal gaming commissioners and key tribal gaming commission employees (as well as primary management officials and key employees of a class II gaming enterprise, as under current law).
Allows an Indian tribe to enter into a management contract for the operation and management of a class III gaming activity, subject to specified requirements currently applicable to class II gaming management contracts.
Revises the authority of the Chairman to levy and collect appropriate civil fines up to $25,000 per violation to specify up to $25,000 per violation, per day. Authorizes the Chairman to issue orders: (1) requiring accounting and disgorgement, including interest; and (2) of reprimand, censure, or the placement of limitations on gaming activities and functions of any regulated person or entity for violations of Federal law or Commission or tribal regulations or ordinances.
Requires the Commission to provide the regulated person or entity (currently, the tribal operator of an Indian game or a management contractor) with a written complaint if the Commission has reason to believe that such person or entity is engaged in specified activities.
Authorizes Federal court enforcement of Commission subpoenas.
Limits the schedule of fees to be paid to the Commission by each gaming operation that conducts a class II or class III gaming activity during any fiscal year to 0.080 percent of the gaming revenues. | {"src": "billsum_train", "title": "A bill to amend the Indian Gaming Regulatory Act of 1988 to revise the fee cap on National Indian Gaming Commission funding and make certain technical amendments."} | 3,441 | 521 | 0.571978 | 1.701564 | 0.628491 | 2.899777 | 7.124722 | 0.855234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage Tax Penalty Relief Act of
1999''.
SEC. 2. RESTORATION OF DEDUCTION FOR 2-EARNER MARRIED COUPLES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. DEDUCTION FOR 2-EARNER MARRIED COUPLES.
``(a) Deduction Allowed.--In the case of a joint return for the
taxable year, there shall be allowed as a deduction an amount equal to
the applicable percentage of the qualified earned income of the spouse
with the lower qualified earned income for such taxable year.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means
20 percent reduced (but not below zero) by 1 percentage point
for each $1,000 (or fraction thereof) by which the taxpayer's
modified adjusted gross income for the taxable year exceeds
$50,000.
``(2) Transition rule for 1999 and 2000.--In the case of
taxable years beginning in 1999 or 2000, paragraph (1) shall be
applied by substituting `10 percent' for `20 percent' and `0.5
percentage point' for `1 percentage point'.
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined--
``(A) without regard to this section and sections
911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, 221, and 469.
``(c) Qualified Earned Income.--
``(1) In general.--For purposes of this section, the term
`qualified earned income' means an amount equal to the excess
of--
``(A) the earned income of the spouse for the
taxable year, over
``(B) an amount equal to the sum of the deductions
described in paragraphs (1), (2), (6), (7), (12), and
(16) of section 62(a) to the extent such deductions are
properly allocable to or chargeable against earned
income described in subparagraph (A).
The amount of qualified earned income shall be determined
without regard to any community property laws.
``(2) Earned income.--For purposes of paragraph (1), the
term `earned income' means income which is earned income within
the meaning of section 911(d)(2) or 401(c)(2)(C), except that--
``(A) such term shall not include any amount--
``(i) not includible in gross income,
``(ii) received as a pension or annuity,
``(iii) paid or distributed out of an
individual retirement plan (within the meaning
of section 7701(a)(37)),
``(iv) received as deferred compensation,
or
``(v) received for services performed by an
individual in the employ of his spouse (within
the meaning of section 3121(b)(3)(A)), and
``(B) section 911(d)(2)(B) shall be applied without
regard to the phrase `not in excess of 30 percent of
his share of the net profits of such trade or
business'.
``(d) Deduction Disallowed for Individual Claiming Benefits of
Section 911 or 931.--No deduction shall be allowed under this section
for any taxable year if either spouse claims the benefits of section
911 or 931 for such taxable year.
``(e) Cost-of-Living Adjustment.--In the case of any taxable year
beginning in a calendar year after 1999, the $50,000 amount contained
in subsection (b)(1) shall be increased by an amount equal to the
product of--
``(1) such dollar amount, and
``(2) 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 1998' for
`calendar year 1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $50, such increase shall be rounded to the next lowest
multiple of $50.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code (defining
adjusted gross income) is amended by inserting after paragraph (17) the
following new paragraph:
``(18) Deduction for 2-earner married couples.--The
deduction allowed by section 222.''
(c) Earned Income Credit Phaseout To Reflect Deduction.--Paragraph
(2) of section 32(c) of such Code (defining earned income) is amended
by adding at the end the following new subparagraph:
``(C) Marriage penalty reduction.--Solely for
purposes of applying subsection (a)(2)(B), earned
income for any taxable year shall be reduced by an
amount equal to the amount of the deduction allowed to
the taxpayer for such taxable year under section 222.''
(d) Conforming Amendments.--
(1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), and
219(g)(3)(A)(ii) of such Code are each amended by inserting
``222,'' after ``221,''.
(2) Clause (i) of section 221(b)(2)(C) of such Code is
amended by inserting ``222,'' before ``911''.
(3) Clause (iii) of section 469(i)(3)(E) of such Code is
amended by striking ``and 221'' and inserting ``, 221, and
222''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 222 and inserting the following:
``Sec. 222. Deduction for 2-earner
married couples.
``Sec. 223. Cross reference.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Marriage Tax Penalty Relief Act of 1999 - Amends the Internal Revenue Code to provide for a deduction for two-earner married couples to eliminate the marriage penalty. Allows such deduction, in the case of a joint return, in an amount equal to a specified applicable percentage of the qualified earned income of the spouse with the lower qualified earned income for the taxable year. Specifies such applicable percentage as 20 percent (10 percent for FY 1999 and 2000) reduced (but not below zero) by one percentage point (0.5 percentage point for FY 1999 and 2000) for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $50,000.
Makes such deduction above-the-line (allowed regardless of whether the taxpayer itemizes other deductions). Requires that the earned income credit phaseout reflect such deduction. | {"src": "billsum_train", "title": "Marriage Tax Penalty Relief Act of 1999"} | 1,463 | 186 | 0.643659 | 1.614282 | 0.795801 | 4.125 | 7.47619 | 0.886905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Rehabilitation Innovation
Centers Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the United States, there are an estimated 1,181
inpatient rehabilitation facilities. Among these facilities is
a small group of inpatient rehabilitation institutions that are
contributing to the future of rehabilitation care medicine, as
well as to patient recovery, scientific innovation, and quality
of life.
(2) This unique category of inpatient rehabilitation
institutions treats the most complex patient conditions, such
as traumatic brain injury, stroke, spinal cord injury,
childhood disease, burns, and wartime injuries.
(3) These leading inpatient rehabilitation institutions are
all not-for-profit or Government-owned institutions and serve a
high volume of Medicare or Medicaid beneficiaries.
(4) These leading inpatient rehabilitation institutions
have been recognized by the Federal Government for their
contributions to cutting-edge research to develop solutions
that enhance quality of care, improve patient outcomes, and
reduce health care costs.
(5) These leading inpatient rehabilitation institutions
help to improve the practice and standard of rehabilitation
medicine across the Nation in urban, suburban, and rural
communities by training physicians, medical students, and other
clinicians, and providing care to patients from all 50 States.
(6) It is vital that these leading inpatient rehabilitation
institutions are supported so they can continue to lead the
Nation's efforts to--
(A) advance integrated, multidisciplinary
rehabilitation research;
(B) provide cutting-edge medical care to the most
complex rehabilitation patients;
(C) serve as education and training facilities for
the physicians, nurses, and other health professionals
who serve rehabilitation patients;
(D) ensure Medicare and Medicaid beneficiaries
receive state-of-the-art, high-quality rehabilitation
care by developing and disseminating best practices and
advancing the quality of care utilized by post-acute
providers in all 50 States; and
(E) support other inpatient rehabilitation
institutions in rural areas to help ensure access to
quality post-acute care for patients living in these
communities.
SEC. 3. STUDY AND REPORT RELATING TO THE COSTS INCURRED BY, AND THE
MEDICARE PAYMENTS MADE TO, REHABILITATION INNOVATION
CENTERS.
(a) In General.--Section 1886(j) of the Social Security Act (42
U.S.C. 1395ww(j)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) Study and report relating to the costs incurred by,
and the medicare payments made to, rehabilitation innovation
centers.--
``(A) Study.--The Secretary shall conduct a study
to assess the costs incurred by rehabilitation
innovation centers (as defined in subparagraph (C))
that are beyond the prospective rate for each of the
following activities:
``(i) Furnishing items and services to
individuals under this title.
``(ii) Conducting research.
``(iii) Providing medical training.
``(B) Report.--Not later than July 1, 2019, the
Secretary shall submit to Congress a report containing
the results of the study under subparagraph (A),
together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
``(C) Rehabilitation innovation center defined.--
``(i) In general.--In this paragraph, the
term `rehabilitation innovation center' means a
rehabilitation facility that, determined as of
the date of the enactment of this paragraph, is
described in clause (ii) or clause (iii).
``(ii) Not-for-profit.--A rehabilitation
facility described in this clause is a facility
that--
``(I) is classified as a not-for-
profit entity under the IRF Rate
Setting File for the Correction Notice
for the Inpatient Rehabilitation
Facility Prospective Payment System for
Federal Fiscal Year 2012 (78 Fed. Reg.
59256);
``(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers or the
Rehabilitation Engineering Research
Center at the National Institute on
Disability and Rehabilitation Research
at the Department of Education, based
on such data submitted to the Secretary
by a facility, in a form, manner, and
time frame specified by the Secretary;
``(III) has a minimum Medicare case
mix index of 1.1144 for fiscal year
2012 according to the IRF Rate Setting
File described in subclause (I); and
``(IV) had at least 300 Medicare
discharges or at least 200 Medicaid
discharges in a prior year as
determined by the Secretary.
``(iii) Government-owned.--A rehabilitation
facility described in this clause is a facility
that--
``(I) is classified as a
Government-owned institution under the
IRF Rate Setting File described in
clause (ii)(I);
``(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers, the
Rehabilitation Engineering Research
Center, or the Model Spinal Cord Injury
Systems at the National Institute on
Disability and Rehabilitation Research
at the Department of Education, based
on such data submitted to the Secretary
by a facility, in a form, manner, and
time frame specified by the Secretary;
``(III) has a minimum Medicare case
mix index of 1.1144 for 2012 according
to the IRF Rate Setting File described
in clause (ii)(I); and
``(IV) has a Medicare
disproportionate share hospital (DSH)
percentage of at least 0.6300 according
to the IRF Rate Setting File described
in clause (ii)(I)).''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 1168
_______________________________________________________________________
AN ACT
To amend title XVIII of the Social Security Act to preserve access to
rehabilitation innovation centers under the Medicare program. | Preserving Rehabilitation Innovation Centers Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services to conduct a study to assess the costs incurred by rehabilitation innovation centers that are beyond the prospective rates for each of the following activities: (1) furnishing items and services to individuals under Medicare; (2) conducting research; and (3) providing medical training. | {"src": "billsum_train", "title": "Preserving Rehabilitation Innovation Centers Act of 2016"} | 1,356 | 87 | 0.451247 | 1.179463 | 0.326196 | 3.432099 | 16.839506 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Walnut Canyon Study Act of 2007''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize a study of the study area to evaluate
public uses and public values; and
(2) to obtain recommendations for options for the
management of the public uses and protection of resources of
the study area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2003.
(2) Monument.--The term ``Monument'' means the Walnut
Canyon National Monument in the State of Arizona.
(3) Public use.--The term ``public use'', with respect to
the study area, includes--
(A) livestock grazing;
(B) hunting;
(C) access to forested areas;
(D) bird watching;
(E) camping;
(F) driving for pleasure on roads and trails;
(G) firewood gathering;
(H) general exercise;
(I) group uses;
(J) hiking;
(K) horseback riding;
(L) hunting;
(M) mountain biking;
(N) painting;
(O) rock climbing;
(P) sightseeing;
(Q) skiing;
(R) snowmobiling;
(S) target practice, as permitted;
(T) walking with pets; and
(U) wildlife viewing.
(4) Public value.--The term ``public value'', with respect
to the study area, includes--
(A) geologic features;
(B) historic sites;
(C) potential urban development;
(D) prehistoric sites;
(E) riparian communities;
(F) scenery;
(G) scientific education;
(H) solitude and serenity;
(I) vegetation diversity;
(J) watershed health;
(K) wildfire hazard reduction for healthy forests;
(L) wildlife and wildlife habitat;
(M) fee-free access; and
(N) recreational uses.
(5) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(6) Study area.--The term ``study area'' means the area
identified on the map as ``Walnut Canyon Proposed Study Area'',
consisting of 30,818 acres, of which--
(A) 24,987 acres is Federal land in Coconino
National Forest;
(B) 2,037 acres is State land;
(C) 214 acres is private land; and
(D) 3,580 acres is the Monument.
SEC. 4. STUDY.
(a) In General.--The Secretaries shall conduct a study of the study
area.
(b) Requirements.--The study shall evaluate--
(1) the significance of the resources and public values of
the study area as the resources and public values pertain to--
(A) the management objectives of the Forest
Service; and
(B) the management objectives of the National Park
Service;
(2) the opportunities for maintaining existing public uses;
and
(3) a range of options for managing and conserving
resources by the National Park Service or the Forest Service,
or by both agencies acting jointly, including the suitability
and feasibility of--
(A) a boundary adjustment to the Monument;
(B) designation of the study area as a National
Recreation Area;
(C) maintaining the study area as managed by the
Forest Service; and
(D) any other designation or management option that
will accomplish both the protection of resources and
the maintenance of public use and access for the study
area.
(c) Consultation.--In conducting the study, the Secretaries shall--
(1) designate the Forest Service as the lead agency;
(2) consult with appropriate Federal, State, county, and
local government entities;
(3) contract with a third-party consultant with experience
in park and land use planning to prepare a draft study; and
(4) collaborate with the persons identified in subsection
(d) in developing a scope of work for the draft study under the
guidance of the third-party consultant.
(d) Review.--The Secretaries, the Forest Supervisor of the Coconino
National Forest, the Superintendent of the Flagstaff Area National
Monuments, the Flagstaff City Council, and the Coconino County Board of
Supervisors shall--
(1) review the draft study prepared by the third-party
consultant; and
(2) provide to the third-party consultant comments on the
draft study.
(e) Report.--Not later than 18 months after the date on which funds
are first made available to carry out this Act, the Secretaries shall
submit to Congress a report that--
(1) describes the findings and conclusions of the study
conducted under this section; and
(2) makes a recommendation for the future management of the
study area.
(f) Effect.--Nothing in this Act affects the management of the land
depicted on the map.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $350,000. | Walnut Canyon Study Act of 2007 - Directs the Secretary of the Interior and the Secretary of Agriculture to conduct a study of specified federal land in Coconino National Forest, state and private lands, and Walnut Canyon National Monument in Arizona (the study area) to evaluate: (1) the significance of the resources and public values of the study area as the resources and public values pertain to the management objectives of the Forest Service and the National Park Service (NPS); (2) the opportunities for maintaining existing public uses; and (3) a range of options for managing and conserving resources by the NPS or the Forest Service, or by both agencies, including the feasibility of a boundary adjustment to the Monument, designation of the study area as a National Recreation Area, maintaining the study area as managed by the Forest Service, and any other designation or management option that will accomplish the protection of resources and the maintenance of public use and access for such area.
Requires the Secretaries to: (1) designate the Forest Service as the lead agency; (2) consult with appropriate federal, state, county, and local government entities; (3) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (4) collaborate with the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and Coconino County Board of Supervisors in developing a scope of work for the draft study under the guidance of the third-party consultant. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the State of Arizona."} | 1,110 | 319 | 0.580686 | 1.714867 | 0.795415 | 7.323333 | 3.596667 | 0.976667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains Sunset Act''.
SEC. 2. 100 PERCENT CAPITAL GAINS DEDUCTION.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 1201. CAPITAL GAINS DEDUCTION.
``(a) General Rule.--If for any taxable year a taxpayer has a net
capital gain, 100 percent of such gain shall be a deduction from gross
income.
``(b) Estates and Trusts.--In the case of an estate or trust, the
deduction shall be computed by excluding the portion (if any) of the
gains for the taxable year from sales or exchanges of capital assets
which, under sections 652 and 662 (relating to inclusions of amounts in
gross income of beneficiaries of trusts), is includible by the income
beneficiaries as gain derived from the sale or exchange of capital
assets.
``(c) Coordination With Treatment of Capital Gain Under Limitation
on Investment Interest.--For purposes of this section, the net capital
gain for any taxable year shall be reduced (but not below zero) by the
amount which the taxpayer takes into account as investment income under
section 163(d)(4)(B)(iii).
``(d) Transitional Rules.--
``(1) In general.--In the case of a taxable year which
includes January 1, 2005--
``(A) the amount taken into account as the net
capital gain under subsection (a) shall not exceed the
net capital gain determined by only taking into account
gains and losses properly taken into account for the
portion of the taxable year on or after January 1,
2002, and
``(B) the amount of the net capital gain taken into
account in applying section 1(h) for such year shall be
reduced by the amount taken into account under
subparagraph (A) for such year.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (17) the following new paragraph:
``(18) Long-term capital gains.--The deduction allowed by
section 1201.''
(c) Technical and Conforming Changes.--
(1) Section 1 of such Code is amended by striking
subsection (h).
(2) Section 12 of such Code is amended by striking
paragraph (4) and redesignating the following paragraphs
accordingly.
(3)(A) Subsection (a) of section 57 of such Code is amended
by striking paragraph (7).
(B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code
is amended by striking ``, (5), and (7)'' and inserting ``and
(5)''.
(4) The first sentence of paragraph (1) of section 170(e)
of such Code is amended by striking ``reduced by the sum of--''
and all that follows and inserting ``reduced by the amount of
gain which would not have been long-term capital gain if the
property contributed had been sold by the taxpayer at its fair
market value (determined at the time of such contribution).''
(5) Paragraph (2) of section 172(d) of such Code is amended
to read as follows:
``(2) Capital gains and losses.--
``(A) Losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the amount deductible on account of losses
from sales or exchanges of capital assets shall not
exceed the amount includible on account of gains from
sales or exchanges of capital assets.
``(B) Deduction for capital gains.--The deduction
under section 1201 shall not be allowed.''
(6) The last sentence of section 453A(c)(3) of such Code is
amended by striking all that follows ``long-term capital
gain,'' and inserting ``the deduction under section 1201 shall
be taken into account.''
(7) Paragraph (2) of section 468B(b) of such Code is
amended by inserting ``the deduction allowed by section 1201
and by'' after ``reduced by''.
(8) Paragraph (2) of section 527(b) such Code is hereby
repealed.
(9) Subparagraph (A) of section 641(d)(2) of such Code is
amended by striking ``Except as provided in section 1(h), the''
and inserting ``The''.
(10) Paragraph (4) of section 642(c) of such Code is
amended to read as follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1201 (relating
to capital gains deduction). In the case of a trust, the
deduction allowed by this subsection shall be subject to
section 681 (relating to unrelated business income).''
(11) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The deduction under section 1201
(relating to capital gains deduction) shall not be taken into
account.''
(12) Subparagraph (C) of section 643(a)(6) of such Code is
amended by inserting ``(i)'' before ``there shall'' and by
inserting before the period ``, and (ii) the deduction under
section 1201 (relating to capital gains deduction) shall not be
taken into account''.
(13) Paragraph (4) of section 691(c) of such Code is
amended by striking ``1(h), 1201, 1202'' and inserting
``1201''.
(14) Paragraph (2) of section 801(a) of such Code is hereby
repealed.
(15) Subsection (c) of section 831 of such Code is amended
by striking paragraph (1) and redesignating the following
paragraphs accordingly.
(16)(A) Paragraph (3) of section 852(b) of such Code is
amended by striking subparagraph (A).
(B) Subparagraph (D) of section 852(b)(3) of such Code is
amended--
(i) in clause (i) by striking ``shall not exceed''
and all that follows and inserting ``shall not exceed
that part of the excess (if any) of the net capital
gain over the deduction for dividends paid (as defined
in section 561 and determined with reference to capital
gain dividends only) which he would have received if
all of such amount had been distributed as capital gain
dividends by the company to the holders of such shares
at the close of its taxable year.'', and
(ii) by striking clauses (ii), (iii), and (iv) and
redesignating clause (v) as clause (ii).
(17)(A) Paragraph (2) of section 857(b) of such Code is
amended by adding at the end the following new subparagraph:
``(G) There shall be excluded the amount of the net
capital gain, if any.''
(B) Paragraph (3) of section 857(b) of such Code is amended
by striking subparagraph (A).
(C) Subparagraph (C) of section 857(b)(3) of such Code is
amended by striking ``the excess described in subparagraph
(A)(ii) of this paragraph'' and inserting ``the excess (if any)
of the net capital gain over the deduction for dividends paid
(as defined in section 561 and determined with reference to
capital gain dividends only)''.
(18) The second sentence of section 871(a)(2) of such Code
is amended by striking ``1202'' and inserting ``1201''.
(19) Paragraph (1) of section 882(a) of such Code is
amended by striking ``section 11, 55, 59A, or 1201(a)'' and
inserting ``section 11, 55, or 59A''.
(20)(A) Paragraph (2) of section 904(b) of such Code is
amended to read as follows:
``(2) Capital gains.--Taxable income from sources outside
the United States shall include gain from the sale or exchange
of capital assets only to the extent of foreign source capital
gain net income.''
(B) Paragraph (3) of section 904(b) of such Code is amended
by striking subparagraphs (B), (D), and (E) and by
redesignating subparagraph (C) as subparagraph (B).
(21) Section 1202 of such Code is hereby repealed.
(22) Subsection (b) of section 1374 of such Code is amended
by striking paragraph (4).
(23) Subsection (b) of section 1381 of such Code is amended
by striking ``or 1201''.
(24) Paragraph (1) of section 1402(i) of such Code is
amended by inserting ``, and the deduction provided by section
1201 shall not apply'' before the period at the end thereof.
(25) Subsection (e) of section 1445 of such Code is
amended--
(A) in paragraph (1) by striking ``35 percent (or,
to the extent provided in regulations, 28 percent)''
and inserting ``the rate specified by the Secretary'',
and
(B) in paragraph (2) by striking ``35 percent'' and
inserting ``the rate specified by the Secretary''.
(26) Clause (i) of section 6425(c)(1)(A) of such Code is
amended by striking ``or 1201(a)''.
(27) Clause (i) of section 6655(g)(1)(A) of such Code is
amended by striking ``or 1201(a)''.
(28)(A) The second sentence of section 7518(g)(6)(A) of
such Code is amended to read as follows:
``No tax shall be imposed under the preceding sentence
with respect to the portion of any nonqualified
withdrawal made out of the capital gain account.''
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended to read as follows:
``No tax shall be imposed under the preceding sentence
with respect to the portion of any nonqualified
withdrawal made out of the capital gain account.''
(29) The table of sections for part I of subchapter P of
chapter 1 of such Code is amended to read as follows:
``Sec. 1201. Capital gains deduction.''
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years ending after December 31, 2004.
(2) Repeal of section 1(h).--The amendment made by
subsection (c)(1) shall apply to taxable years beginning after
December 31, 2004.
(3) Contributions.--The amendment made by subsection (c)(4)
shall apply only to contributions on or after January 1, 2005.
(4) Withholding.--The amendment made by subsection (c)(25)
shall apply only to amounts paid after the date of the
enactment of this Act.
(5) Coordination with prior transition rule.--Any amount
treated as long-term capital gain by reason of paragraph (3) of
section 1122(h) of the Tax Reform Act of 1986 shall not be
taken into account for purposes of applying section 1201 of the
Internal Revenue Code of 1986 (as added by this section). | Capital Gains Sunset Act - Amends the Internal Revenue Code to eliminate taxes on net capital gains as of tax year 2005. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate taxes on capital gains after December 31, 2004."} | 2,739 | 28 | 0.504348 | 1.137885 | 0.325699 | 2.086957 | 108.869565 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Control Center Enhancement
and Awareness Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year more than 2,000,000 poisonings are reported to
poison control centers throughout the United States. More than 90
percent of these poisonings happen in the home. Fifty-three percent
of poisoning victims are children younger than 6 years of age.
(2) Poison control centers are a valuable national resource
that provide life-saving and cost-effective public health services.
For every dollar spent on poison control centers, $7 in medical
costs are saved. The average cost of a poisoning exposure call is
$32, while the average cost if other parts of the medical system
are involved is $932. Over the last 2 decades, the instability and
lack of funding has resulted in a steady decline in the number of
poison control centers in the United States. Within just the last
year, 2 poison control centers have been forced to close because of
funding problems. A third poison control center is scheduled to
close in April 1999. Currently, there are 73 such centers.
(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will increase the number of
United States residents who have access to a certified poison
control center, and reduce the inappropriate use of emergency
medical services and other more costly health care services.
SEC. 3. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER.
(a) In General.--The Secretary shall provide coordination and
assistance to regional poison control centers for the establishment of
a nationwide toll-free phone number to be used to access such centers.
(b) Rule of Construction.--Nothing in this section shall be
construed as prohibiting the establishment or continued operation of
any privately funded nationwide toll-free phone number used to provide
advice and other assistance for poisonings or accidental exposures.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $2,000,000 for each of the
fiscal years 2000 through 2004. Funds appropriated under this
subsection shall not be used to fund any toll-free phone number
described in subsection (b).
SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN.
(a) In General.--The Secretary shall establish a national media
campaign to educate the public and health care providers about poison
prevention and the availability of poison control resources in local
communities and to conduct advertising campaigns concerning the
nationwide toll-free number established under section 4.
(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with 1 or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $600,000 for each of the fiscal
years 2000 through 2004.
SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM.
(a) Regional Poison Control Centers.--The Secretary shall award
grants to certified regional poison control centers for the purposes of
achieving the financial stability of such centers, and for preventing
and providing treatment recommendations for poisonings.
(b) Other Improvements.--The Secretary shall also use amounts
received under this section to--
(1) develop standard education programs;
(2) develop standard patient management protocols for commonly
encountered toxic exposures;
(3) improve and expand the poison control data collection
systems;
(4) improve national toxic exposure surveillance; and
(5) expand the physician/medical toxicologist supervision of
poison control centers.
(c) Certification.--Except as provided in subsection (d), the
Secretary may make a grant to a center under subsection (a) only if--
(1) the center has been certified by a professional
organization in the field of poison control, and the Secretary has
approved the organization as having in effect standards for
certification that reasonably provide for the protection of the
public health with respect to poisoning; or
(2) the center has been certified by a State government, and
the Secretary has approved the State government as having in effect
standards for certification that reasonably provide for the
protection of the public health with respect to poisoning.
(d) Waiver of Certification Requirements.--
(1) In general.--The Secretary may grant a waiver of the
certification requirement of subsection (c) with respect to a
noncertified poison control center or a newly established center
that applies for a grant under this section if such center can
reasonably demonstrate that the center will obtain such a
certification within a reasonable period of time as determined
appropriate by the Secretary.
(2) Renewal.--The Secretary may only renew a waiver under
paragraph (1) for a period of 3 years.
(e) Supplement Not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State, or local funds provided for such center.
(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the
expenditures of the center for activities of the center at a level that
is not less than the level of such expenditures maintained by the
center for the fiscal year preceding the fiscal year for which the
grant is received.
(g) Matching Requirement.--The Secretary may impose a matching
requirement with respect to amounts provided under a grant under this
section if the Secretary determines appropriate.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for each of the
fiscal years 2000 through 2004.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations, prohibiting use of the funds to fund any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures. Directs the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Directs the Secretary to award grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "Poison Control Center Enhancement and Awareness Act"} | 1,301 | 191 | 0.647479 | 1.684115 | 1.127797 | 5.220859 | 7.355828 | 0.877301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parents and Teachers Know Best Act
of 1997''.
SEC. 2. PURPOSE.
The purpose of this Act is to repeal the Goals 2000: Educate
America Act and the National Skill Standards Act of 1994 to allow local
educational areas to use funds to continue or establish education
programs that meet the unique needs of such areas.
SEC. 3. REPEALS.
The Goals 2000: Educate America Act and the National Skill
Standards Act of 1994 are repealed.
SEC. 4. ALLOTMENT; DISTRIBUTION.
(a) Reservation.--From the amounts made available to carry out this
Act, the Secretary of Education shall reserve not more than--
(1) one-half of one percent for payments to outlying areas
to be allotted in accordance with the respective needs of such
areas; and
(2) one-half of one percent for payments to the Secretary
of the Interior to carry out programs under this Act for Indian
tribes.
(b) Allotment and Distribution.--
(1) State allotment.--From the amount appropriated under
section 7 and not reserved under subsection (a) in each fiscal
year, the Secretary shall make allotments to State educational
agencies that request to receive a grant under this Act as
follows:
(A) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would
have received under title I of the Elementary and
Secondary Education Act of 1965 for the preceding
fiscal year if funds under such title for such
preceding fiscal year had not been reserved for
outlying areas.
(B) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would
have received under title VI of the Elementary and
Secondary Education Act of 1965 for the preceding
fiscal year if funds under such title for such
preceding fiscal year had not been reserved for
outlying areas.
(2) Local distribution.--Each State educational agency
shall distribute to each local educational agency in such State
that requests to receive a grant under this Act an amount which
bears the same ratio to the amount such State educational
agency received under paragraph (1) as the school-age
population of the geographic area under the jurisdiction of the
local educational agency bears to the school-age population of
such State.
SEC. 5. USES OF FUNDS.
Funds received under this Act may be used for the following
purposes:
(1) Technology.--Technology related to the implementation
of school-based reform programs, including professional
development to assist teachers and other school officials
regarding how to use effectively such equipment and software.
(2) Educational materials.--Programs for the acquisition
and use of instructional and educational materials, including
library services and materials (including media materials),
assessments, reference materials, computer software and
hardware for instructional use, and other curricular materials
which are tied to high academic standards and which will be
used to improve student achievement and which are part of an
overall education reform program.
(3) Reform.--Promising education reform projects, including
effective schools and magnet schools.
(4) Improved thinking skills.--Programs to improve the
higher order thinking skills of disadvantaged elementary and
secondary school students and to prevent students from dropping
out of school.
(5) Literacy programs.--Programs to combat illiteracy in
the student and adult population, including parent illiteracy.
(6) Gifted and talented programs.--Programs to provide for
the educational needs of gifted and talented children.
(7) School improvement programs.--School improvement
programs or activities under sections 1116 and 1117 of the
Elementary and Secondary Education Act of 1965.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Indian tribe'' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians;
(2) the term ``local educational agency'' shall have the
meaning given such term in section 14101 of the Elementary and
Secondary Education Act of 1965;
(3) the term ``outlying areas'' means Guam, American Samoa,
the Virgin Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, the Republic of Palau, and the
Commonwealth of the Northern Mariana Islands;
(4) the term ``school-age population'' means the population
in a geographic area aged 5 through 17;
(5) the term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, but does
not include the outlying areas or Indian tribes; and
(6) the term ``State educational agency'' means the agency
in a State primarily responsible for the State supervision of
public elementary and secondary schools.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act an
amount equal to the amounts most recently appropriated to carry out the
Goals 2000: Educate America Act and the National Skill Standards Act of
1994 as of the date of the enactment of this Act.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect on the first day of the first fiscal
year following the fiscal year in which this Act is enacted. | Parents and Teachers Know Best Act of 1997 - Repeals the Goals 2000: Educate America Act and the National Skill Standards Act of 1994.
Directs the Secretary of Education to make grants to requesting State educational agencies, which shall distribute grant funds to local educational agencies according to a specified formula, for: (1) technology related to the implementation of school-based reform programs, including professional development to assist teachers to use such equipment and software; (2) acquisition and use of instructional and educational materials related to such reform programs; (3) education reform projects, including effective schools and magnet schools; (4) programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school; (5) literacy programs for student and adults, including parents; (6) gifted and talented programs; and (7) school improvement programs or specified activities under the Elementary and Secondary Education Act of 1965.
Authorizes appropriations. | {"src": "billsum_train", "title": "Parents and Teachers Know Best Act of 1997"} | 1,177 | 194 | 0.544031 | 1.449654 | 0.851755 | 4.197917 | 5.807292 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1993''.
SEC. 2. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS.
Section 506(b)(2) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2205(b)(2)) is amended by striking subparagraph (A) and
all that follows through the end of the paragraph and inserting the
following:
``(A) for fiscal year 1994--
``(i) $13,498,000 solely for management and
analysis projects and activities;
``(ii) $76,939,000 solely for capacity and
air traffic management technology projects and
activities;
``(iii) $35,675,000 solely for
communications, navigation, and surveillance
projects and activities;
``(iv) $1,908,000 solely for weather
projects and activities;
``(v) $7,509,000 solely for airport
technology projects and activities;
``(vi) $40,175,000 solely for aircraft
safety technology projects and activities;
``(vii) $35,430,000 solely for system
security technology projects and activities;
``(viii) $27,756,000 solely for human
factors and aviation medicine projects and
activities;
``(ix) $5,385,000 for environment and
energy projects and activities; and
``(x) $5,725,000 for innovative/cooperative
research projects and activities, of which
$1,000,000 shall be available for the
establishment of a new Aviation Center of
Excellence;
``(B) for fiscal year 1995--
``(i) $14,847,000 solely for management and
analysis projects and activities;
``(ii) $84,000,000 solely for capacity and
air traffic management technology projects and
activities;
``(iii) $39,242,000 solely for
communications, navigation, and surveillance
projects and activities;
``(iv) $2,098,000 solely for weather
projects and activities;
``(v) $8,260,000 solely for airport
technology projects and activities;
``(vi) $44,192,000 solely for aircraft
safety technology projects and activities;
``(vii) $39,523,000 solely for system
security technology projects and activities;
``(viii) $31,716,000 solely for human
factors and aviation medicine projects and
activities;
``(ix) $5,923,000 for environment and
energy projects and activities; and
``(x) $5,199,000 for innovative/cooperative
research projects and activities; and
``(C) for fiscal year 1996--
``(i) $16,332,000 solely for management and
analysis projects and activities;
``(ii) $92,402,000 solely for capacity and
air traffic management technology projects and
activities;
``(iii) $43,167,000 solely for
communications, navigation, and surveillance
projects and activities;
``(iv) $2,307,000 solely for weather
projects and activities;
``(v) $9,086,000 solely for airport
technology projects and activities;
``(vi) $48,611,000 solely for aircraft
safety technology projects and activities;
``(vii) $43,475,000 solely for system
security technology projects and activities;
``(viii) $34,887,000 solely for human
factors and aviation medicine projects and
activities;
``(ix) $6,515,000 environment and energy
projects and activities; and
``(x) $5,718,000 for innovative/cooperative
research projects and activities.
Not less than 15 percent of the amount appropriated pursuant to this
paragraph shall be for long-term research projects, and not less than 3
percent of the amount appropriated under this paragraph shall be
available to the Administrator for making grants under section 312(g)
of the Federal Aviation Act of 1958.''.
SEC. 3. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Administrator and the heads of other
appropriate Federal agencies shall jointly establish a program to
conduct research on aviation technologies that enhance United States
competitiveness. The program shall include--
(1) next-generation satellite communications, including
global positioning satellites;
(2) advances airport and airplane security;
(3) environmentally compatible technologies, including
technologies that limit or reduce noise and air pollution;
(4) advanced aviation safety programs; and
(5) technologies and procedures to enhance and improve
airport and airway capacity.
(b) Procedures for Contracts and Grants.--The Administrator and the
heads of the other appropriate Federal agencies shall administer
contracts and grants entered into under the program established under
subsection (a) in accordance with procedures developed jointly by the
Administrator and the heads of the other appropriate Federal agencies.
The procedures should include an integrated acquisition policy for
contract and grant requirements and for technical data rights that are
not an impediment to joint programs among the Federal Aviation
Administration, the other Federal agencies involved, and industry.
(c) Program Elements.--The program established under subsection (a)
shall include--
(1) selected programs that jointly enhance public and
private aviation technology development;
(2) an opportunity for private contractors to be involved
in such technology research and development; and
(3) the transfer of Government-developed technologies to
the private sector to promote economic strength and
competitiveness.
(d) Authorization of Appropriations.--Of amounts authorized to be
appropriated for fiscal years 1994, 1995, and 1996 under section
506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C.
App. 2205(b)(2)), as amended by section 2 of this Act, there are
authorized to be appropriated for fiscal years 1994, 1995, and 1996,
respectively, such sums as may be necessary to carry out this section.
SEC. 4. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM.
(a) Establishment.--The Administrator of the Federal Aviation
Administration (in this Act referred to as the ``Administrator'') and
the heads of other appropriate Federal agencies shall establish a
research program to determine--
(1) what, if any, aircraft cabin air conditions, including
pressure altitude systems, on flights within the United States
are harmful to the health of airline passengers and crew, as
indicated by physical symptoms such as headaches, nausea,
fatigue, and lightheadedness; and
(2) the risk of airline passengers and crew contracting
infectious diseases during flight.
(b) Contract With Independent Research Organization.--In carrying
out the research program established under subsection (a), the
Administrator and the heads of the other appropriate Federal agencies
shall contract with an independent research organization to carry out
any studies necessary to meet the goals of the program set forth in
subsection (c).
(c) Goals.--The goals of the research program established under
subsection (a) shall be--
(1) to determine what, if any, cabin air conditions
currently exist on domestic aircraft used for flights within
the United States that could be harmful to the health of
airline passengers and crew, as indicated by physical symptoms
such as headaches, nausea, fatigue, and lightheadedness, and
including the risk of infection by bacteria and viruses;
(2) to determine to what extent, changes in, cabin air
pressure, temperature, rate of cabin air circulation, the
quantity of fresh air per occupant, and humidity on current
domestic aircraft would reduce or eliminate the risk of illness
or discomfort to airline passengers and crew; and
(3) to establish a long-term research program to examine
potential health problems to airline passengers and crew that
may arise in an airplane cabin on a flight within the United
States because of cabin air quality as a result of the
conditions and changes described in paragraphs (1) and (2).
(d) Participation.--In carrying out the research program
established under subsection (a), the Administrator shall encourage
participation in the program by representatives of aircraft
manufacturers, air carriers, aviation employee organizations, airline
passengers, and academia.
(e) Report.--(1) Within six months after the date of enactment of
this Act, the Administrator shall submit to the Congress a plan for
implementation of the research program established under subsection
(a).
(2) The Administrator shall annually submit to the Congress a
report on the progress made during the year for which the report is
submitted toward meeting the goals set forth in subsection (c).
(f) Authorization of Appropriations.--Of amounts authorized to be
appropriated for fiscal years 1994, 1995, and 1996 under section
506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C.
App. 2205(b)(2)), as amended by section 2 of this Act, there are
authorized to be appropriated for fiscal years 1994, 1995, and 1996,
respectively, such sums as may be necessary to carry out this section.
SEC. 5. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of this Act, no funds are
authorized to be appropriated for any fiscal year after fiscal year
1996 for carrying out the programs for which funds are authorized by
this Act, or by the amendments made by this Act.
SEC. 6. USE OF DOMESTIC PRODUCTS.
(a) Prohibition Against Fraudulent Use of ``Made in America''
Labels.--(1) A person shall not intentionally affix a label bearing the
inscription of ``Made in America'', or any inscription with that
meaning, to any product sold in or shipped to the United States, if
that product is not a domestic product.
(2) A person who violates paragraph (1) shall not be eligible for
any contract for a procurement carried out with amounts authorized
under this Act, including any subcontract under such a contract
pursuant to the debarment, suspension, and ineligibility procedures in
subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or
any successor procedures thereto.
(b) Compliance With Buy American Act.--(1) Except as provided in
paragraph (2), the head of each office within the Federal Aviation
Administration that conducts procurements shall ensure that such
procurements are conducted in compliance with sections 2 through 4 of
the Act of March 3, 1933 (41 U.S.C. 10a through 10c, popularly known as
the ``Buy American Act'').
(2) This subsection shall apply only to procurements made for
which--
(A) amounts are authorized by this Act to be made
available; and
(B) solicitations for bids are issued after the date of the
enactment of this Act.
(3) The Secretary, before January 1, 1995, shall report to the
Congress on procurements covered under this subsection of products that
are not domestic products.
(c) Definitions.--For the purposes of this section, the term
``domestic product'' means a product--
(1) that is manufactured or produced in the United States;
and
(2) at least 50 percent of the cost of the articles,
materials, or supplies of which are mined, produced, or
manufactured in the United States.
SEC. 7. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of Congress that any
recipient of a grant under this Act, or under any amendment made by
this Act, should purchase, when available and cost-effective, American
made equipment and products when expending grant monies.
(b) Notice to Recipients of Assistance.--In allocating grants under
this Act, or under any amendment made by this Act, the Secretary shall
provide to each recipient a notice describing the statement made in
subsection (a) by the Congress. | Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1994 through FY 1996 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Extends set aside authority for long-term research and the aviation research grant program.
Provides for the establishment of a joint aviation research and development program. Authorizes FY 1994 through 1996 appropriations from funds otherwise authorized by this Act.
Establishes an aircraft cabin air quality research program. Authorizes FY 1994 through 1996 appropriations from funds otherwise authorized by this Act.
Prohibits the fraudulent use of "Made in America" labels and requires compliance with the Buy American Act.
Expresses the sense of the Congress that grantees under this Act should purchase American-made equipment and products. | {"src": "billsum_train", "title": "Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993"} | 2,512 | 187 | 0.403559 | 1.250454 | 0.827033 | 3.14557 | 14.911392 | 0.816456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breath of Fresh Air Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) 25,000,000 people, including 7,000,000 children, have
asthma.
(2) Almost 13,000,000 people report having an asthma attack
in the past year and asthma accounts for nearly 2,000,000
emergency department visits each year.
(3) Every day in the United States--
(A) 30,000 people have an asthma attack; and
(B) 11 people die from asthma.
(4) Nearly 5,000,000 asthma sufferers are under 18 years of
age, and 1 out of every 10 school-aged children has asthma.
(5) Minorities are adversely affected by asthma, as--
(A) African-Americans are 3 times more likely to
die from asthma; and
(B) Hispanics may have an elevated risk for
exposure to air pollution since a disproportionate
number live in areas failing to meet one or more
national standards for air pollutants. (It is estimated
that 80 percent of Hispanics live in areas that failed
to meet one United States Environmental Protection
Agency air quality standard, compared to 65 percent of
African-Americans and 57 percent of Whites.)
SEC. 3. GRANT PROGRAM FOR NEBULIZERS.
(a) Program Required.--The Secretary of Education shall carry out a
program under which the Secretary makes grants to local educational
agencies, to be used by the local educational agencies for one or both
of the following:
(1) To purchase nebulizers for use in elementary and
secondary schools served by the local educational agency.
(2) To provide training to enable elementary and secondary
schools served by the local educational agency to meet the
requirements of subsection (d)(1), but only if nebulizers are
already in use at such schools or are acquired through this
program.
(b) Eligibility.--
(1) Local educational agencies.--To be eligible to receive
a grant under this section, a local educational agency shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
(2) Elementary and secondary schools.--To be eligible to
receive a nebulizer through a grant under this section, a
school may be any public or private school served by the local
educational agency, except that an Internet- or computer-based
community school is not eligible.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this section, the local educational agency must provide
matching funds from non-Federal sources equal to not less than
25 percent of the amount of the grant.
(2) Waiver.--The Secretary shall waive the requirement of
paragraph (1) for a local educational agency if the number of
children counted under section 1124(c)(1)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A))
is 20 percent or more of the total number of children aged 5 to
17, inclusive, served by the local educational agency.
(d) Training and Coordination Required.--A local educational agency
that receives a grant under this section shall demonstrate that, for
each elementary and secondary school at which the nebulizers are to be
used--
(1) there is a full-time certified school nurse on staff;
(2) the school has the trained personnel and other
resources necessary to use the nebulizers;
(3) local paramedics and other emergency services personnel
are notified where on school grounds the nebulizers are to be
located;
(4) the nebulizer will be integrated into the school's
emergency response plan or procedures; and
(5) the school has procedures in place to ensure that
parents are notified of the availability of the nebulizers, how
to provide their child's prescription asthma medication to the
school, and how to authorize use of a nebulizer to assist their
child when medically appropriate.
(e) Priority.--In making grants under this section, the Secretary
shall give priority to local educational agencies--
(1) having jurisdiction over a geographic area with respect
to which the Director of the Centers for Disease Control and
Prevention has determined that the prevalence of asthma is at
least 10 percent higher than the national average;
(2) that do not already have at least one nebulizer in each
school served by the local educational agency;
(3) serve schools at which a significant number of
students, staff, and visitors are present on school grounds
during a typical day; and
(4) that have not received funds under the Rural Access to
Emergency Devices Act (42 U.S.C. 254c note).
(f) ESEA Definitions.--The terms used in this section shall have
the meanings given to such terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2013 through 2018.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to create liability for use of a nebulizer or affect
liability for such use that exists under other law; or
(2) to supersede a State law regulating nursing. | Breath of Fresh Air Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase nebulizers for use in their schools, and/or (2) train school personnel to use nebulizers.
Requires LEA grant applicants to demonstrate that for each of their schools that are to use the nebulizers: (1) a full-time certified nurse is on staff; (2) trained personnel and other resources necessary for nebulizer use are in place; (3) emergency services personnel are notified of nebulizer locations; (4) nebulizers are integrated into the school's emergency response procedures; and (5) procedures are in place to notify parents of the availability of nebulizers, and inform them how to provide the school with their child's prescription asthma medication and authorization to use a nebulizer to assist their child.
Gives grant priority to LEAs that: (1) serve areas where the prevalence of asthma is at least 10% higher than the national average; (2) do not already have at least one nebulizer in each of their schools; (3) serve schools that typically have a significant number of students, staff, and visitors present during the day; and (4) have not received funds under the Rural Access to Emergency Devices Act. | {"src": "billsum_train", "title": "To establish a grant program for nebulizers in elementary and secondary schools."} | 1,168 | 303 | 0.599916 | 1.85849 | 0.825309 | 3.342308 | 4.119231 | 0.934615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act of
2007''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES
WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 40 percent or less or has a service-connected
disability rated as zero percent, $0.''.
(b) Repeal of Phase-In of Concurrent Receipt for Retirees With
Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of
such section is amended by striking ``except that'' and all that
follows and inserting ``except--
``(A) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as 100 percent, payment of retired pay to such
veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on
December 31, 2004; and
``(B) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as total by reason of unemployability, payment of
retired pay to such veteran is subject to subsection
(c) only during the period beginning on January 1,
2004, and ending on December 31, 2007.''.
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008, and shall apply to payments for months
beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability.''.
(b) Amendments To Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that
follows through ``retiree')'' and inserting ``a
qualified retiree''; and
(B) by adding at the end the following new
paragraph:
``(2) Qualified retirees.--For purposes of this
section, a qualified retiree, with respect to any
month, is a member or former member of the uniformed
services who--
``(A) is entitled to retired pay, other
than in the case of a member retired under
chapter 61 of this title with less than 20
years of service creditable under section 1405
of this title and less than 20 years of service
computed under section 12732 of this title; and
``(B) is also entitled for that month to
veterans' disability compensation.''.
(3) Disability retirees.--Subsection (b) of section 1414 of
such title is amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008, and shall apply to payments for months
beginning on or after that date. | Retired Pay Restoration Act of 2007 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). States that, in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of military retired pay is subject to a phase-in of concurrent receipt of both only during the period beginning on January 1, 2004, and ending on December 31, 2007 (currently September 30, 2009).
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation."} | 1,202 | 167 | 0.673217 | 1.768178 | 0.868871 | 4.064935 | 6.772727 | 0.896104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert James Act of 2008''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3) The Commissioner of Social Security may waive the application
of the individual's waiting period under clause (i) in the first
sentence of paragraph (1) if the Commissioner determines that such
individual would otherwise be entitled to disability insurance benefits
under this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue hardship on
such individual (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month, beginning
with the first month during all of which such individual is under a
disability and in which such individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis that the individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that she would otherwise be entitled to widow's
insurance benefits under this section, that she is terminally ill, and
that such application of the waiting period would work an undue
hardship on her (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) of paragraph (1)(F), she shall be entitled to widow's
insurance benefits for each month, beginning with the first month
during all of which she is under a disability and in which she would
become so entitled to such insurance benefits under paragraph (1) but
for such waiting period, and ending as provided in paragraph (1). For
purposes of this subparagraph, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that he would otherwise be entitled to
widower's insurance benefits under this section, that he is terminally
ill, and that such application would work an undue hardship on him (as
determined on the basis of criteria established by the Commissioner).
In the case of any such waiver granted by the Commissioner with respect
to an individual, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), he shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of this subparagraph, an
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy is 6 months or
less.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) The Commissioner of Social Security may waive the
application of the five-month requirement under clause (i)(I) if the
Commissioner determines that such individual would otherwise be
entitled to a period of disability under this paragraph, that such
individual is terminally ill, and that the application of such five-
month requirement would work an undue hardship on such individual (as
determined on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months beginning after 90 days
after the date of the enactment of this Act. The amendments made by
subsections (b) and (c) of section 2 of this Act shall apply only with
respect to benefits based on disability under subsection (e) or (f) of
section 202 of the Social Security Act for months after 90 days after
the date of the enactment of this Act. The amendments made by
subsection (d) of section 2 of this Act shall apply only with respect
to applications for disability determinations filed under title II of
the Social Security Act after 90 days after the date of the enactment
of this Act. | Robert James Act of 2008 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill beneficiaries. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries."} | 1,436 | 76 | 0.563393 | 1.5193 | 1.161573 | 2.870968 | 20.467742 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Borrower's Bill of Rights Act''.
SEC. 2. ASSISTANT SECRETARY OF THE TREASURY FOR FINANCIAL EDUCATION.
Section 301(e) of title 31, United States Code, is amended--
(1) by striking ``7 Assistant Secretaries'' and inserting
``8 Assistant Secretaries''; and
(2) by inserting after the 2nd sentence the following new
sentence: ``One of the Assistant Secretaries shall be the
Assistant Secretary for Financial Education.''
SEC. 3. FINANCIAL LITERACY FOR MIDDLE AND HIGH SCHOOL STUDENTS.
The Financial Literacy and Education Improvement Act (20 U.S.C.
9701, et seq.) is amended--
(1) by redesignating section 519 as section 520; and
(2) by inserting after section 518 the following new
section:
``SEC. 519. FINANCIAL LITERACY FOR MIDDLE AND HIGH SCHOOL STUDENTS.
``(a) Pilot Program.--The Assistant Secretary for Financial
Education (hereafter in this section referred to as the `Assistant
Secretary' shall establish a 2-year pilot financial literacy pilot
program for middle and high school students.
``(b) Requirements.--The pilot program established by the Assistant
Secretary shall comply with the following requirements:
``(1) The pilot program shall be implemented in 10 middle
schools and 10 high schools, selected by the Assistant
Secretary based on such criteria as the Assistant Secretary may
determine to be appropriate, in 10 different school systems and
provided to 8th grade students at the middle schools selected
and 12th grade students at the high schools selected.
``(2) The program shall use as guidance the financial
education program in the secondary schools of the State of
Delaware called the `Keys to Financial Success'.
``(3) The program shall be funded by the Secretary of the
Treasury, out of funds appropriated to the Secretary, and
administered by the State and the local school administration
of each school selected, based on criteria established by the
Assistant Secretary, including an annual update of the
materials used in the curriculum.
``(c) Report.--Upon the completion of the 2-year pilot program, the
Assistant Secretary shall submit to the Secretary of the Treasury and
the Congress a report containing a detailed description of the findings
and conclusions of the Assistant Secretary with respect to the pilot
program.''.
SEC. 4. ``PLAIN LANGUAGE'' DISCLOSURES.
Section 122 of the Truth in Lending Act (15 U.S.C. 1632) is amended
by adding at the end the following new subsection:
``(d) Plain and Simple Language Disclosures Required for All
Disclosures.--The Board shall take such action as may be necessary to
ensure that all disclosures that are required to be provided under this
title with respect to any consumer credit transaction, including all
the disclosures required under section 129, shall be simple and easy to
understand and in a language understood by the consumer.''.
SEC. 5. LIMITATION ON USURIOUS INTEREST RATES AND UNFAIR PRACTICES.
(a) Repeal of Preemption of State Mortgage Usury Laws.--
(1) In general.--Sections 501, 511, 512, 525, 526, 527,
528, and 529 of the Depository Institutions Deregulation and
Monetary Control Act of 1980 are hereby repealed.
(2) Technical and conforming amendments.--
(A) Insured depository institutions.--Section 27 of
the Federal Deposit Insurance Act (12 U.S.C. 1831d) is
amended to read as follows:
``SEC. 27. UNIFORM APPLICABILITY OF STATE LAW.
``In order to prevent discrimination against State-chartered
insured depository institutions, including insured savings banks and
insured branches of foreign banks and notwithstanding any other
provision of Federal law, the provision of the constitution or the laws
of any State expressly limiting the rate or amount of interest,
discount points, finance charges, or other charges which may be
charged, taken, received, or reserved shall apply to all depository
institutions that are located in, have any branch in, or do business in
such State with respect to customers of any such institution which
reside in or are located in such State.''.
(B) Insured credit unions.--Section 205(g) of the
Federal Credit Union Act (12 U.S.C. 1785(g)) is amended
to read as follows:
``(g) Uniform Applicability of State Law.--In order to prevent
discrimination against State-chartered insured credit unions and
notwithstanding any other provision of Federal law, the provision of
the constitution or the laws of any State expressly limiting the rate
or amount of interest, discount points, finance charges, or other
charges which may be charged, taken, received, or reserved shall apply
to all credit unions that are located in, have any branch in, or do
business in such State with respect to customers of any such credit
union which reside in or are located in such State.''.
(b) Prohibition on Loan ``Flipping'' and Mandatory Arbitration.--
(1) In general.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by inserting after section 129
the following new section:
``Sec. 129A. Protections for all loans
``(a) Flipping.--
``(1) In general.--No creditor may knowingly or
intentionally engage in the unfair act or practice of flipping.
``(2) Flipping defined.--For purposes of this subsection,
the term `flipping' means the making of a loan or extension of
credit to a consumer which refinances an existing loan or other
extension of credit when the new loan or extension of credit
does not have reasonable, tangible net benefit to the consumer
considering all of the circumstances, including the terms of
both the new and the refinanced loans or credit, the cost of
the new loan or credit, and the consumer's circumstances.
``(3) Tangible net benefit.--The Board may prescribe
regulations, in the discretion of the Board, defining the term
`tangible net benefit' for purposes of this subsection.
``(b) Arbitration.--
``(1) In general.--A loan or other extension of credit
subject to this title may not include terms which require
arbitration or any other nonjudicial procedure as the method
for resolving any controversy or settling any claims arising
out of the transaction.
``(2) Post-controversy agreements.--Subject to paragraph
(3), paragraph (1) shall not be construed as limiting the right
of the consumer and the creditor to agree to arbitration or any
other nonjudicial procedure as the method for resolving any
controversy at any time after a dispute or claim under the
transaction arises.
``(3) No waiver of statutory cause of action.--No provision
of any loan or other extension of credit or any agreement
between the consumer and the creditor shall be applied or
interpreted so as to bar a consumer from bringing an action in
an appropriate district court of the United States, or any
other court of competent jurisdiction, pursuant to section 130
or any other provision of law, for damages or other relief in
connection with any alleged violation of this section, any
other provision of this title, or any other Federal law.''.
(2) Clerical amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after the
item relating to section 129 the following new item:
``129A. Protections for all loans.''.
(3) Regulations.--The Board of Governors of the Federal
Reserve System shall publish regulations implementing the
amendments made by this section in final form before the end of
the 6-month period beginning on the date of enactment of this
Act.
(c) Amendment to Definition of High Cost Mortgages.--Subparagraph
(A) of section 103(aa)(1) of the Truth in Lending Act (15 U.S.C.
1602(aa)(1)(A)) is amended by striking ``10 percentage points'' and
inserting ``8 percentage points''.
(d) Pre-Loan Counseling Required for High Cost Mortgages.--Section
129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by
inserting after subsection (l) the following new subsection:
``(m) Pre-Loan Counseling.--
``(1) In general.--A creditor may not extend credit to a
consumer under a mortgage referred to in section 103(aa)
without first receiving certification from a counselor that is
approved by the Secretary of Housing and Urban Development,
that the consumer has received--
``(A) and successfully completed counseling, in
person or by telephone, on the advisability of the loan
transaction; and
``(B) a general range of interest rates that the
applicant qualifies for given their credit score.
``(2) Nonaffiliation rule for counselors.--A counselor
providing a certification to a creditor under paragraph (1) may
not be employed by the creditor or an affiliate of the creditor
or be affiliated with the creditor in any other manner
(including any referral agreement).
``(3) Disclosures required prior to counseling.--No
counselor may certify that a borrower has received counseling
on the advisability of the loan transaction unless the
counselor can verify that the consumer has received each
statement required (in connection with such loan) by this
section, or by the Real Estate Settlement Procedures Act of
1974, with respect to the transaction.
``(4) Regulations.--The Secretary of Housing and Urban
Development may prescribe such regulations as the Secretary
determines to be appropriate to carry out the requirements of
paragraph (1).''.
SEC. 6. LIMITATION ON ROLLOVERS OF PAYDAY LOANS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended
by adding at the end the following new subsection:
``(e) Limitations on Rollovers or Refinancing of Payday Loans With
the Same Creditor.--
``(1) In general.--A payday lender--
``(A) may not refinance or roll over any payday
loan made by such lender, or any affiliate or other
associate of the payday lender, to any consumer with
another payday loan more than 3 times; and
``(B) shall provide a consumer who seeks to
refinance or roll over any payday loan made by such
lender, or any affiliate or other associate of the
payday lender, to the consumer with another payday loan
more than 2 times with a disclosure notice, which the
Board shall prescribe by regulation, regarding the
hazards of payday lending and the benefits of banking
traditionally, in prominent format and type-size, that
is separate from the disclosures required under
subsection (a) with regard to such extension of credit.
``(2) Definitions.--
``(A) Check.--The term `check' means any negotiable
demand draft drawn on or payable through an office of a
depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act) located in any
State.
``(B) Payday lender.--The term `payday lender'
means any person who extends credit to any other person
through a payday loan.
``(C) Payday loan.--The term `payday loan' means
means a transaction in which credit is extended by a
payday lender, for a specified period of time, upon
receipt by the lender of--
``(i) a check made by the borrower for the
amount of the credit extended, the presentment
or negotiation of which, by mutual agreement of
the lender and borrower, will be deferred for
such specified period; or
``(ii) authorization from the borrower for
the payday lender to initiate an electronic
fund transfer at the end of the specified
period from the account of the borrower for the
amount of the credit extended.''.
SEC. 7. FAIR TREATMENT OF EMPLOYEE BENEFITS.
(a) Definition of Claim.--Section 101(5) of title 11, United States
Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(C) right or interest in equity securities of the
debtor, or an affiliate of the debtor, held in a
pension plan (within the meaning of section 3(2) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2))) for the benefit of an individual who
is not an officer or director of the debtor, if such
securities were attributable to--
``(i) employer contributions by the debtor
or an affiliate of the debtor other than
elective deferrals (within the meaning of
section 402(g) of the Internal Revenue Code of
1986), and any earnings thereon; and
``(ii) elective deferrals (and any earnings
thereon) that are required to be invested in
such securities under the terms of the plan or
at the direction of a person other than the
individual or any beneficiary,
except that this subparagraph shall not apply to any
such securities during any period during which the
individual or any beneficiary has the right to direct
the plan to divest such securities and to reinvest an
equivalent amount in other investment options of the
plan;''.
(b) Priorities.--Section 507(a)(4) of title 11, United States Code,
is amended--
(1) in subparagraph (B), by indenting the left margin of
clauses (i) and (ii) 2 ems to the right and redesignating such
clauses as subclauses (I) and (II), respectively;
(2) by indenting the left margin of subparagraphs (A) and
(B) 2 ems to the right and redesignating such subparagraphs as
clauses (i) and (ii), respectively;
(3) in the matter preceding clause (i), as so redesignated,
by striking ``Fourth'' and all that follows through ``plan--''
and inserting the following: ``Fourth--
``(A) allowed unsecured claims for contributions to
an employee benefit plan--''.
(4) by striking the period at the end and inserting the
following: ``or''; and
(5) by adding at the end the following:
``(B) allowed unsecured claims with respect to
rights or interests in equity securities of the debtor,
or an affiliate of the debtor, that are held in a
pension plan (within the meaning of section 3(2) of the
Employee Retirement Income Security Act of 1974),
without regard to when services were rendered or
limitation in amount, and measured by the market value
of the stock at the time the stock was contributed to,
or purchased by, the plan.''.
SEC. 8. WAGE PRIORITY AND EMPLOYEE BENEFIT CAP.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3), by striking ``$4,000'' and inserting
``$13,500''; and
(2) in paragraph (4)(B)(i), by striking ``$4,000'' and
inserting ``$13,500''.
SEC. 9. SUBORDINATION.
Section 510(b) of title 11, United States Code, is amended by
inserting ``, other than a claim described in section 105(5)(C).''
after ``claim'' the 1st place it appears. | Borrower's Bill of Rights Act - Amends Federal law to create the position of Assistant Secretary for Financial Education in the Department of the Treasury.
Amends the Financial Literacy and Education Improvement Act to direct such Secretary to establish a two-year financial literacy pilot program for middle and high school students.
Amends the Truth in Lending Act to require that mandatory disclosures governing a consumer credit transaction be simple, easy to understand, and in a language understood by the consumer.
Amends the Depository Institutions Deregulation and Monetary Control Act of 1980 to repeal the preemption of state mortgage usury laws.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to provide that the constitution or the laws of any state expressly limiting the rate or amount of interest, discount points, finance charges, or other charges shall apply to all depository institutions and credit unions, respectively, that are located in, have any branch in, or do business in such state with respect to customers which reside in or are located in such state.
Amends the Truth in Lending Act to: (1) prohibit "flipping" practices and mandatory arbitration; (2) lower the interest rate threshold for high-cost mortgages; and (3) require creditors to receive certification that a consumer has successfully completed pre-loan counseling before extending the consumer credit under a high-cost mortgage. Sets limits governing rollovers or refinancing of payday loans with the same creditor.
Amends the Federal bankruptcy code to: (1) include within the fourth order of priority of claims against the estate the rights or interests in debtor's equity securities that are held in a pension plan; (2) increase the employee earnings and benefits included within such fourth order of priority; and (3) exempt such employee pension benefits from subordination agreement constraints. | {"src": "billsum_train", "title": "To amend various banking laws to combat predatory lending, particularly in regards to low and moderate income individuals, and for other purposes."} | 3,565 | 389 | 0.441489 | 1.381249 | 0.691172 | 4.017291 | 9.043228 | 0.916427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whirling Disease Response Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Madison River is a world-renowned, blue-ribbon
trout river in Montana, over which the State has principal
management authority;
(2) rainbow trout populations in the upper reaches of the
Madison River have declined from 3,300 fish per mile in 1991 to
300 fish per mile in 1994;
(3) these sharp declines have occurred simultaneously with
the detection of whirling disease, which is caused by myxobolus
cerebralis, a parasite that induces significant deformity in
trout and can affect the stability of wild trout populations;
(4) because cold water sport fisheries provide tremendous
economic and recreational benefits to the United States, it is
in the public interest to devote resources to mitigate and
control the spread and impact of whirling disease on trout
populations in the Madison River and other rivers in the United
States;
(5) because Montana is the only State in the continental
United States that manages fluvial cold water sport fisheries
as wild, naturally reproducing populations and, therefore, the
impacts of myxobolus cerebralis can be observed without
confounding influences related to propagation and stocking
activities, it is desirable to locate Federal activities
dedicated to the study of whirling disease in Montana;
(6) the United States Fish and Wildlife Service is the
Federal agency with appropriate expertise and responsibility to
work collaboratively with the State of Montana to address
whirling disease; and
(7) the United States Fish and Wildlife Service Fish
Technology Center in Bozeman, Montana, is the appropriate
office to assist the State in the testing of fish affected by
whirling disease.
SEC. 3. WHIRLING DISEASE REPORT.
(a) Preliminary Report.--Not later than 180 days after the date of
enactment of this Act, the Director of the United States Fish and
Wildlife Service shall submit a preliminary report to the Committee on
Environment and Public Works of the Senate and the Committee on
Resources of the House of Representatives that--
(1) summarizes Federal efforts and findings as of the date
of the report with respect to whirling disease and other fish
parasites and pathogens;
(2) identifies gaps in scientific information with respect
to whirling disease and other fish parasites and pathogens; and
(3) recommends interim management initiatives that can be
carried out by the United States Fish and Wildlife Service to
assist the State of Montana and other States in curbing the
spread of whirling disease, and other fish parasites and
pathogens, in the Madison River and to other rivers and
minimizing the impacts of the disease, parasites, and
pathogens.
(b) Final Report.--Not later than 3 years after the date of
enactment of this Act, the Director of the United States Fish and
Wildlife Service shall submit a final report to the Committee on
Environment and Public Works of the Senate and the Committee on
Resources of the House of Representatives that--
(1) provides the summary and identification described in
paragraphs (1) and (2) of subsection (a) as of the date of
submission of the final report;
(2) identifies likely causes for the spread of whirling
disease, and other fish parasites and pathogens, throughout the
western United States; and
(3) recommends initiatives, and provides information
concerning scientific design for the initiatives, that can be
carried out by the United States Fish and Wildlife Service to
assist the State of Montana and other States in curbing the
spread of whirling disease, and other fish parasites and
pathogens, in the Madison River and to other rivers and
minimizing the impacts of the disease, parasites, and
pathogens.
SEC. 4. WHIRLING DISEASE DIAGNOSIS.
The United States Fish and Wildlife Service shall make funds
available to the Fish Technology Center in Bozeman, Montana, to permit
continued field and laboratory studies, including research, diagnostic
services and testing of infected fish, that will lead to measures that
mitigate and control whirling disease in the Madison River and other
rivers.
SEC. 5. WHIRLING DISEASE RESEARCH STATION.
The United States Fish and Wildlife Service shall make funds
available to the Fish Technology Center in Bozeman, Montana, to
construct a complete containment facility in which whirling disease,
and other fish parasites and pathogens, can be studied without danger
of watershed contamination.
SEC. 6. WHIRLING DISEASE COOPERATIVE RESEARCH PROGRAM.
The United States Fish and Wildlife Service shall make funds
available for cooperative studies with State, local, and private
entities to study whirling disease, and other fish parasites and
pathogens, at the Fish Technology Center in Bozeman, Montana.
SEC. 7. ENNIS FISH HATCHERY.
The United States Fish and Wildlife Service shall make funds
available for modifications at the Ennis, Montana, fish hatchery to
prevent the introduction and spread of whirling disease or other
fishborne diseases in the Madison River.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended. | Whirling Disease Response Act of 1995 - Requires the Director of the United States Fish and Wildlife Service to submit preliminary and final reports to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives concerning whirling fish disease and other fish parasites and pathogens.
Directs the United States Fish and Wildlife Service to make funds available to: (1) the Fish Technology Center in Bozeman, Montana; and (2) State, local, and private entities for cooperative studies of whirling disease at such center. Authorizes appropriations. | {"src": "billsum_train", "title": "Whirling Disease Response Act of 1995"} | 1,159 | 127 | 0.662233 | 2.058771 | 0.677363 | 4.990826 | 9.559633 | 0.93578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Biological Resources
Research and Development Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) existing information regarding the abundance and
distribution of biological resources is inadequate and often
inaccessible;
(2) the loss of biological resources may have serious
consequences for human welfare as raw material for research and
agricultural, medicinal, and industrial development are
irretrievably lost;
(3) existing laws and programs relevant to the loss of
indigenous biological resources in the United States are
largely uncoordinated and inadequate, and sometimes result in
duplication of efforts, conflicts in goals, and gaps in
geographic and taxonomic coverage; and,
(4) increased research in biological resources is needed to
provide adequate knowledge to maintain and to ensure the
sustainable use of natural resources.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``biological resources'' means the full range
of variety and variability within and among living organisms
(including both terrestrial and aquatic) and the ecological
complexes in which they occur, and encompasses ecosystem or
community diversity, species diversity, and genetic diversity;
(2) the term ``genetic diversity'' means the differences in
genetic composition within and among populations of a given
species;
(3) the term ``species diversity'' means the richness and
variety of indigenous species in a particular location of the
world;
(4) the term ``community diversity'' means the variety
between different integrated assemblages of species inhabiting
different locales; and
(5) the term ``United States'' means all of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, American Samoa, and any other
commonwealth, territory, possession, or area of legal or
economic jurisdiction of the United States.
SEC. 4. PURPOSES.
It is the purpose of this Act--
(1) to undertake a nationally coordinated effort to survey,
collect, inventory, synthesize, and disseminate adequate data
and information for--
(A) the understanding of the full range of
biological resources;
(B) assessing the rate and scale of change in
biological resources;
(C) developing tests and making available cost
effective methodologies for scientific and economic
inventories of biological resources; and
(D) evaluating the potential economic implications
of the sustainable use of biological resources.
(2) to support basic and applied research necessary for a
full understanding of the nation's biological resources; and
(3) to promote better understanding of the importance of
biological resources and foster actions that prevent biological
impoverishment and sustainably preserve biological resources.
SEC. 5. NATIONAL CENTER FOR BIOLOGICAL RESOURCES (RESEARCH AND
DEVELOPMENT).
(a) Establishment and Purpose.--There is established within the
Smithsonian Institution, in cooperation with the Environmental
Protection Agency and the National Science Foundation, a National
Center for Biological Resources (Research and Development) (the
Center), whose purpose shall be to set research priorities, to provide
leadership and coordination for the understanding and promotion of
knowledge of the biota within the United States with respect to its
composition, systematics, distribution, status, biological properties,
ecological relationships (including environmental significance), and
economic value, and the effect of human activities on the biota, and to
make this knowledge accessible to the people of the United States and
others working on research and development in biological resources
throughout the world. The Center shall be administered by a Director.
(b) Functions.--The functions of the Center shall be--
(1) to summarize and enhance the knowledge of the
distribution, status, and characteristics of the biota in a
manner that can be used in the sustainable development of
natural products;
(2) to prepare, with the assistance of agencies and other
sources, lists and, where appropriate, maps of--
(A) indigenous biotic communities, species, and
populations that appear to be in significant decline or
in imminent danger of loss of viability;
(B) areas of outstanding indigenous biotic
importance; and,
(C) factors, including the legal status and
applicable laws, affecting the potential development of
such communities, species, and populations;
(3) to publish information, such as floral and faunal
treatises, resource inventories, vegetation maps, atlases, and
guides for practical use of biological information, and
especially publications that synthesize information relevant to
national goals of understanding biological resource use and its
sustainable development;
(4) to identify taxonomic groups, ecological communities,
and geographical areas in need of study, and to develop a
strategic plan for, initiate, and provide financial support
toward an ongoing survey of the biota;
(5) to provide for the conducting of research, through
grants, contracts, or otherwise, by Federal, State, and private
agencies, institutions, organizations, and individuals;
(6) to make recommendations to Federal agencies and others
on the technical management of data collection, storage, and
retrieval;
(7) to provide training and technical assistance to Federal
agencies and others regarding collection and interpretation of
biological data;
(8) to raise additional funds through grants and contracts
as necessary to support the activities of the Center; and
(9) to research and explore the development of natural
products.
(c) Structure and Membership.--
(1) Board of trustees.--There is established in the
Smithsonian Institution a Board of Trustees to be known as the
Trustees of the National Center for Biological Resources
(Research and Development), which shall provide advice and
assistance to the Board of Regents of the Smithsonian
Institution on all matters relating to the policies,
administration, and operation of the Center.
(2) Membership.--(A) The Board of Trustees shall consist of
19 members, including--
(i) one representative of the Smithsonian
Institution;
(ii) one representative of the Fish and Wildlife
Service;
(iii) one representative of the National Oceanic
and Atmospheric Administration;
(iv) one representative of the National Park
Service;
(v) one representative of the Department of Energy;
(vi) one representative of the National Science
Foundation;
(vii) one representative of the Agricultural
Research Service;
(viii) one representative of the Environmental
Protection Agency;
(ix) one representative of the Forest Service;
(x) one representative of the Bureau of Land
Management;
(xi) one representative of the Department of
Defense;
(xii) one representative of State biological
surveys;
(xiii) one representative of private organizations
that maintain large data bases oriented toward
biological resource inventories;
(xiv) two scientists from nonprofit research
institutions or universities; and
(xv) two representatives from institutions with
collections of biological specimens; and
(xvi) two representatives from companies that
develop products from biotic resources.
(B) Members listed under clauses (xii) through (xv) of
subparagraph (A) shall be appointed by the President from a
list of nominees recommended by the National Academy of
Sciences.
(3) Terms.--Members of the Board of Trustees shall serve
for terms of five years, and may serve more than one term.
(4) Compensation of members.--
(A) Nongovernment members.--Each member of the
advisory board that is not otherwise in the service of
the Federal Government shall, to the extent provided
for in advance in appropriations Acts, be paid actual
travel expenses and per diem in lieu of subsistence
expenses in accordance with section 5703 of title 5,
United States Code, when such member is away from the
member's usual place of residence.
(B) Government members.--Each member of the
advisory board that is otherwise in the service of the
Federal Government shall serve without compensation in
addition to that received for such other service, but
while engaged in the work of the Board of Trustees,
such member shall, to the extent provided for in
advance in appropriations Acts, be paid actual travel
expenses, and per diem in lieu of subsistence expenses
in accordance with subchapter I of chapter 57 of title
5, United States Code, when away from the member's
usual place of residence.
(5) Chairman.--The members of the Board of Trustees shall
select one member to serve as Chairman.
(6) Funding arrangements.--The Director of the Center shall
make appropriate arrangements for necessary administrative and
clerical support of the Board of Trustees, in consultation with
the Chairman of the Board of Trustees.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
1994, $10,000,000 for fiscal year 1995, and $10,000,000 for fiscal year
1996, to remain available until expended as specified in appropriations
Acts. | National Biological Resources Research and Development Act - Establishes within the Smithsonian Institution a National Center for Biological Resources (Research and Development) to facilitate the collection, synthesis, and dissemination of information relating to the sustainable use, research, development, and conservation of biological resources.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Biological Resources Research and Development Act"} | 1,883 | 71 | 0.529913 | 1.218534 | 1.211701 | 2.909091 | 33.345455 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Change the Course in Iraq Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) members of the United States Armed Forces have shown
great valor and courage in Iraq in the performance of their
duties; and
(2) the sacrifice of the members of the Armed Forces and
the sacrifice of their families are recognized and appreciated.
SEC. 3. REPEAL OF PUBLIC LAW 107-243.
The Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243) is hereby repealed.
SEC. 4. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ.
(a) Plan Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan for the phased redeployment of
United States Armed Forces from Iraq.
(b) Requirements.--The plan required by subsection (a) shall limit
the presence of the Armed Forces in Iraq to the following missions:
(1) Defeating Al-Qaeda and other foreign terrorists.
(2) Training Iraqi security forces.
(3) Protecting United States forces.
SEC. 5. DIPLOMATIC INITIATIVE FOR STABILITY IN IRAQ AND THE REGION.
It is the sense of Congress that the United States should increase
its diplomatic efforts with the Government of Iraq to help stabilize
Iraq and the region.
SEC. 6. COORDINATOR FOR IRAQ STABILIZATION.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the President shall appoint a Coordinator for
Iraq Stabilization (hereinafter in this section referred to as the
``Coordinator'').
(b) Duties.--The Coordinator shall have a robust mandate to develop
and coordinate United States initiatives with respect to Iraq, and
shall report regularly to the President and the Secretary of State.
(c) Statement of Policy.--In carrying out the duties specified in
subsection (b), Congress strongly urges the Coordinator to pursue
efforts with the Government of Iraq to include the following:
(1) Supporting the unity and territorial integrity of Iraq.
(2) Preventing destabilizing actions and interventions by
Iraq's neighbors.
(3) Securing Iraq's borders, including the use of joint
patrols with neighboring countries.
(4) Preventing the expansion of the instability and
conflict beyond Iraq's borders.
(5) Promoting economic assistance, commerce, trade,
political support, and if possible, military assistance for the
Iraqi Government from non-neighboring Muslim nations.
(6) Energizing countries to support national political
reconciliation in Iraq.
(7) Validating Iraq's legitimacy by resuming diplomatic
relations, where appropriate, and reestablishing embassies in
Baghdad.
(8) Assisting Iraq in establishing active working embassies
in key capitals in the region.
(9) Helping Iraq reach a mutually acceptable agreement on
Kirkuk.
(10) Assisting the Iraqi Government in achieving certain
security, political, and economic milestones, including
national reconciliation, equitable distribution of oil
revenues, and the dismantling of militias.
(11) Supporting the holding of a conference or meeting in
Baghdad of the League of Arab League States or the Organization
of the Islamic Conference both to assist the Iraqi Government
in promoting national reconciliation in Iraq and to reestablish
the diplomatic presence of such organizations in Iraq.
(12) Creating an Iraq International Support Group
consisting of all countries that border Iraq as well as other
key countries in the region and the world. The five permanent
members of the United Nations Security Council and the European
Union should also be members. The Support Group should develop
specific approaches to neighboring countries to take into
account the interests, perspectives, and potential
contributions such countries can make.
SEC. 7. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The Iraq Study Group Report advised, ``Sustained
increases in U.S. troop levels would not solve the fundamental
cause of violence in Iraq, which is the absence of national
reconciliation . . . Past experience indicates that the
violence would simply rekindle as soon as U.S. forces are
moved.''.
(2) The goal of United States policy in Iraq, as stated by
President George W. Bush, is an Iraq that can ``govern itself,
sustain itself, and defend itself''.
(3) In accordance with Recommendation 21 of the Iraq Study
Group Report, if the Iraqi Government does not make substantial
progress toward the achievement of milestones on national
reconciliation, security, and governance, the United States
should reduce its political, military, or economic support for
the Iraqi Government. There must be consequences if Iraq does
not perform.
(4) In a November 2006 Department of Defense report to
Congress regarding the status of security in Iraq, 91 of 118
battalions, 30 of 36 brigades, and six of ten divisions were in
the lead when conducting operations, with the United States in
supporting roles. The Iraqi Ground Forces Command had command
and control of two of the ten Iraqi Army divisions and only two
of Iraq's 18 provinces were in Provincial Iraqi Control,
operating independently of Coalition forces. Thus, there is an
urgent, near-term need for putting a time-table on when Iraqi
forces need to be trained, equipped, and in the lead of
security operations, tied to conditional funding, which may
give the Iraqi Government the incentive it needs to take
control of its security.
(5) The Iraq Study Group's recommendations for Iraq's goals
for national reconciliation, security, and governance include--
(A) the reintegration of Baathists and Arab
nationalists into the government;
(B) disarming, demobilizing, and reintegrating
militia members into civilian society;
(C) the accruing of oil revenues to the central
government to be shared on the basis of population; and
(D) amending the Iraq Constitution.
(6) The Iraq Study Group estimated the United States has
appropriated $34 billion to support the reconstruction of Iraq,
of which $21 billion has been appropriated for the Iraq Relief
and Reconstruction Fund.
(7) As part of the comprehensive strategy supported by the
Iraq Study Group, the United States should embark on a ``robust
diplomatic effort to establish an international support
structure intended to stabilize Iraq and ease tensions in other
countries of the region''.
(8) In his address to the Nation on the Iraq War on January
10, 2007, President Bush stated America would hold the
Government of Iraq to the benchmarks it has announced--the
Iraqi Government plans to take responsibility for security in
all of Iraq's provinces by November 2007, Iraq will pass
legislation to share oil revenues among all Iraqis, the Iraqi
Government will spend $10 billion of its own money on
reconstruction and infrastructure projects that will create new
jobs, Iraqis plan to hold provincial elections later in 2007,
and the Iraqi Government will reform de-Baathification laws and
establish a fair process for considering amendments to the Iraq
Constitution.
(9) In the State of the Union Address on January 23, 2007,
President Bush stated ``Iraq's leaders know that our commitment
is not open-ended. They have promised to deploy more of their
own troops to secure Baghdad, and they must do so. They have
pledged that they will confront violent radicals of any faction
or political party. And they need to follow through and lift
needless restrictions on Iraqi and coalition forces, so these
troops can achieve their mission of bringing security to all of
the people of Baghdad. Iraq's leaders have committed themselves
to a series of benchmarks to achieve reconciliation--to share
oil revenues among all of Iraq's citizens, to put the wealth of
Iraq into the rebuilding of Iraq, to allow more Iraqis to re-
enter their nation's civic life, to hold local elections, and
to take responsibility for security in every Iraqi province.''.
(b) Limitation on Assistance.--
(1) In general.--Beginning on December 31, 2007, assistance
described in paragraph (2) may be provided to the Government of
Iraq only if the President certifies to the congressional
defense committees that--
(A) the Iraqi Government has approved laws to--
(i) reintegrate Baathists and Arab
nationalists into the government;
(ii) disarm, demobilize, and reintegrate
militia members into civilian society; and
(iii) provide for the accruing of oil
revenues to the central government to be shared
on the basis of population;
(B) the Iraqi Government has amended the Iraq
Constitution as appropriate to guarantee the rights of
all Iraqi citizens;
(C) the Iraqi Government is making significant
progress to control its security forces, including
significant progress to ensure that the security forces
are able to take the lead in security operations; and
(D) each of Iraq's provinces is under the control
of provincial Iraqi governmental authorities.
(2) Assistance described.--Assistance referred to in
paragraph (1) is assistance provided under any provision of law
for the Iraqi security forces or for the relief and
reconstruction of Iraq.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Armed forces.--The term ``Armed Forces'' has the
meaning given the term in section 101(a)(4) of title 10, United
States Code.
(2) Congressional defense committees.--The term
``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the Senate. | Change the Course in Iraq Act - Expresses the sense of Congress that: (1) members of the U.S. Armed Forces have shown great valor and courage in Iraq in the performance of their duties; and (2) the sacrifices of such members and their families are recognized and appreciated.
Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002.
Requires the Secretary of Defense to submit to the congressional defense committees a plan for the phased redeployment of U.S. Armed Forces from Iraq.
Expresses the sense of Congress that the United States should increase its diplomatic efforts within the government of Iraq to help stabilize Iraq and the region.
Directs the President to appoint a Coordinator for Iraq Stabilization.
Conditions U.S. assistance for Iraqi security forces or Iraq relief and reconstruction, beginning on December 31, 2007, upon the President certifying to the defense committees that the Iraqi government has taken certain actions with respect to stabilizing the Iraqi government, guaranteeing rights of Iraqi citizens, and controlling its security forces. | {"src": "billsum_train", "title": "To commend the members of the United States Armed Forces on their performance and bravery in Iraq, to repeal the Authorization for Use of Military Force Against Iraq Resolution (Public Law 107-243), to require the Secretary of Defense to submit to Congress a plan for the phased redeployment of United States Armed Forces from Iraq, to establish a Coordinator for Iraq Stabilization, and to place conditions on the obligation of funds to the Government of Iraq based on the achievement of benchmarks established by Iraq and the United States."} | 2,175 | 233 | 0.681248 | 1.939693 | 0.98085 | 4.932642 | 10.336788 | 0.92228 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Foods for Healthy Living
Act''.
SEC. 2. DEPARTMENT OF AGRICULTURE GRANTS TO PROMOTE GREATER CONSUMPTION
OF FRESH FRUITS, FRESH VEGETABLES, AND OTHER HEALTHY
FOODS IN LOW-INCOME COMMUNITIES.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants for the purposes specified in subsection (b) to any of the
following:
(1) A community-based organization that operates in a low-
income community and carries out one or both of the activities
described in subsection (b), as determined by the Secretary.
(2) A local redevelopment agency that is chartered,
established, or otherwise sanctioned by a State or local
government.
(b) Use of Grant Amounts.--The recipient of a grant under this
section shall use the grant amounts for one or both of the following
activities:
(1) To assist in purchasing appropriate equipment or in
hiring and training personnel to expand the inventory of fresh
fruits and vegetables or other healthy food alternatives, as
defined by the Department of Agriculture, such as healthier
dairy and non-dairy alternatives to whole milk, 100 percent
pure fruit juices, and products with 0 grams of transfat,
available for residents of a low-income community.
(2) To carry out consumer education and outreach activities
to encourage the purchase of products described in paragraph
(1), such as by informing residents of a low-income community
about the health risks associated with high-calorie, low-
exercise lifestyles and the benefits of healthy living.
(c) Maximum Grant.--A grant under this section may not exceed
$100,000.
(d) Community-Based Organization Defined.--In this section, the
term ``community-based organization'' includes schools, day-care
centers, senior centers, community health centers, food banks, or
emergency feeding organizations.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
fiscal year 2012.
SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES
UNDER THE MEDICARE AND MEDICAID PROGRAMS.
(a) Medicare Program.--
(1) In general.--Section 1861(ddd) of the Social Security
Act (42 U.S.C. 1395x(ddd)) is amended--
(A) by adding at the end of paragraph (1) the
following:
``Such term also includes the primary care and preventive
services described in paragraph (4).''; and
(B) by adding at the end the following new
paragraph:
``(4) The primary care and preventive services described in this
paragraph are the following, insofar as they are not otherwise covered
under this title, when provided by qualified providers:
``(A) Services for the prevention and treatment of obesity
and obesity-related disease.
``(B) Supervised exercise sessions.
``(C) Exercise stress testing for the purpose of exercise
prescriptions.
``(D) Lifestyle health improvement education.
``(E) Culinary arts education for the purpose of promoting
proper nutrition.''.
(2) Conforming amendments.--(A) Section 1862(a)(1) of such
Act (42 U.S.C. 1395y(a)(1)) is amended--
(i) by striking ``and'' at the end of subparagraph
(O);
(ii) by adding ``and'' at the end of subparagraph
(P); and
(iii) by adding at the end the following new
subparagraph:
``(Q) in the case of additional primary care and
preventive services described in section 1861(ddd)(4),
which are performed more frequently than the Secretary
may specify;''.
(B) The first sentence of section 1833(b)(1) of such Act
(42 U.S.C. 1395l(b)(1)) is amended by striking ``for preventive
services'' and all that follows through ``for the individual''
and inserting ``for additional preventive services (as defined
in section 1861(ddd))''.
(b) Medicaid Program.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by redesignating paragraph (29) as paragraph (30); and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) additional preventive services (as defined in
section 1861(ddd)(1)) which are not otherwise covered under
this subsection; and''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter beginning after
the date of the enactment of this Act, regardless of whether
regulations to implement the amendments are in effect as of such date. | Healthy Foods for Healthy Living Act - Authorizes the Secretary of Agriculture (USDA) to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to: (1) assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives available for residents of a low-income community, and (2) carry out related consumer education and outreach activities.
Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and culinary arts education to promote proper nutrition. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to promote increased access to and consumption of fresh fruits, fresh vegetables, and other healthy foods among residents of such communities, and for other purposes."} | 1,124 | 155 | 0.57022 | 1.4984 | 0.798627 | 3.942029 | 7.101449 | 0.927536 |
ACT
REMEDIES TO TELEPHONE BILLING FOR MISCELLANEOUS PRODUCTS
OR SERVICES.
The Telephone Disclosure and Dispute Resolution Act (15 U.S.C. 5701
et seq.) is amended by adding at the end the following new title:
``TITLE V--UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH
MISCELLANEOUS PRODUCTS OR SERVICES
``SEC. 501. BILLING OF MISCELLANEOUS PRODUCT OR SERVICE CHARGES.
``(a) Billing Rules.--The Commission shall, in accordance with the
requirements of this section, prescribe rules to protect consumers from
unfair and deceptive acts and practices in the billing of miscellaneous
product or service charges. Such rules shall--
``(1) prohibit any person (including billing aggregators
and service providers) from submitting for billing on telephone
bills miscellaneous product or service charges that have not
been authorized by the subscriber to be billed;
``(2) require that any person submitting miscellaneous
product or service charges for billing--
``(A) include an account authorization code that
would not generally be known by anyone other than the
subscriber and the entity issuing the telephone bill
and that reliably indicates that the subscriber
authorized the charge; or
``(B) comply with such other procedures as the
Commission may require to reliably indicate that the
subscriber authorized the charge;
``(3) require that the bill for each provider of
miscellaneous products or services--
``(A) be on a page of the telephone bill that is
separate from the charges for telephone exchange and
telephone toll services;
``(B) describe in reasonable detail each
miscellaneous product or service billed;
``(C) identify any miscellaneous product or service
charges that are recurring; and
``(D) include the name and toll free telephone
number of each miscellaneous product or service
provider and the name and toll free telephone number of
any billing aggregator;
``(4) require that a telephone bill that includes
miscellaneous product or service charges includes a
notification, on each page that summarizes or itemizes
miscellaneous product or service charges, that the subscriber
may direct billing disputes to the common carrier issuing the
bill and provide a toll-free telephone number for that purpose;
``(5) require that a subscriber initiating a billing
dispute by calling the telephone number referred to in
paragraph (4) within 90 days after the date on which the charge
appears on the telephone bill of the subscriber shall
immediately receive a credit for any disputed miscellaneous
product or service charges; and
``(6) provide that--
``(A) a subscriber may--
``(i) instruct its common carrier not to
bill for any miscellaneous product or service
charges; or
``(ii) to the extent the Commission from
time to time determines is technically feasible
for the common carrier to implement, instruct
its common carrier not to bill for
subcategories of products or services or for
particular providers or billing aggregators, as
specified by the subscriber;
``(B) such instruction may be given either orally
or in writing (at the election of the subscriber);
``(C) a subscriber may instruct a common carrier to
resume billing miscellaneous charges either orally or
in writing (at the election of the subscriber); and
``(D) in verifying such instructions the common
carrier shall use adequate internal control procedures
for verifying that the request is authorized by the
subscriber.
``(b) Dispute Resolution Rules.--To the extent not already covered
by Federal statutes or regulations in effect on the date of enactment
of this section, the Commission shall adopt rules governing the
procedures for a subscriber and a miscellaneous product or service
provider to resolve a billing dispute after the disputed charges have
been credited to the subscriber's account in accordance with subsection
(a). Such rules shall include rules designed to prevent fraudulent
submission of billing disputes by subscribers.
``(c) Right To Discontinue Billing.--
``(1) Authority to discontinue billing.--Subject to
paragraph (2), if a common carrier reasonably believes that
charges are being submitted for billing in violation of this
section, the regulations adopted under this section, or any
other Federal or State statute or regulation, the carrier,
after written notice to the Commission describing the action
and the reasons therefor--
``(A) may discontinue billing for any miscellaneous
product or service provider or any billing aggregator
submitting miscellaneous product or service charges;
``(B) may discontinue billing for any type or
category of miscellaneous product or service; or
``(C) may discontinue billing for any type or
category of miscellaneous product or service submitted
by an individual product or service provider or billing
aggregator.
``(2) Authority subject to other law.--No action by a
common carrier under paragraph (1) shall be exempt from any
other Federal or State law prohibiting anticompetitive or
discriminatory acts or practices.
``(d) Rulemaking.--
``(1) Schedule and procedure.--The Commission shall
prescribe the rules under this section within 270 days after
the date of enactment of this Act. Such rules shall be
prescribed in accordance with section 553 of title 5, United
States Code.
``(2) Treatment of rule.--A rule prescribed under this
subsection shall be treated as a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57(a)(1)(B)).
``(e) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule under section
5 of the Federal Trade Commission Act (15 U.S.C. 45) regarding unfair
or deceptive acts or practices. Notwithstanding section 5(a)(2) of such
Act (15 U.S.C. 45(a)(2)), communications common carriers shall be
subject to the jurisdiction of the Commission for purposes of this
title.
``(f) Applicability.--The regulations required by this section
shall apply to miscellaneous product or service charges first billed
after the effective date of those regulations.
``SEC. 502. RELATION TO STATE LAWS.
``(a) State Law Applicable Unless Inconsistent.--This title does
not annul, alter, or affect, or exempt any person subject to the
provisions of this title from complying with, the laws of any State
with respect to telephone billing or other credit billing practices,
except to the extent that those laws are inconsistent with any
provision of this title, and then only to the extent of the
inconsistency. The Commission is authorized to determine whether such
inconsistencies exist. The Commission may not determine that any State
law is inconsistent with any provision of this chapter if the
Commission determines that such law gives greater protection to the
consumer.
``(b) Regulatory Exemptions.--The Commission shall by regulation
exempt from the requirements of this title any class of acts and
practices subject to the rules prescribed under subsection (a) within
any State if it determines that under the law of that State that class
of transactions is subject to requirements substantially similar to
those imposed under this chapter or that such law gives greater
protection to the consumer, and that there is adequate provision for
enforcement.
``SEC. 503. ENFORCEMENT BY COMMISSION.
``The Commission shall enforce the requirements of this title. For
the purpose of the exercise by the Commission of its functions and
powers under the Federal Trade Commission Act, a violation of any
requirement imposed under this title shall be deemed a violation of a
requirement imposed under that Act. All the functions and powers of the
Commission under that Act are available to the Commission to enforce
compliance by any person with the requirements imposed under this
title, irrespective of whether that person is engaged in commerce or
meets any other jurisdictional tests in that Act. The Commission may
prescribe such regulations as are necessary or appropriate to implement
the provisions of this title.
``SEC. 504. ACTIONS BY STATES.
``(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Commission under section 501(a), the State may
bring a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such pattern or practice,
to enforce compliance with such rule of the Commission, to obtain
damages on behalf of their residents, or to obtain such further and
other relief as the court may deem appropriate.
``(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) upon the Commission and provide the
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
``(c) Venue.--Any civil action brought under this section in a
district court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and process
in such cases may be served in any district in which the defendant is
an inhabitant or wherever the defendant may be found.
``(d) Investigatory Powers.--For purposes of bringing any civil
action under this section, nothing in this Act shall prevent the
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
``(e) Effect on State Court Proceedings.--Nothing contained in this
section shall prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any general civil
or criminal antifraud statute of such State.
``(f) Limitation.--Whenever the Commission has instituted a civil
action for violation of any rule or regulation under this Act, no State
may, during the pendency of such action instituted by the Commission,
subsequently institute a civil action against any defendant named in
the Commission's complaint for violation of any rule as alleged in the
Commission's complaint.
``(g) Actions by Other State Officials.--
``(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any general civil or criminal
statute of such State.
``(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be brought
by officers of such State who are authorized by the State to
bring actions in such State for protection of consumers and who
are designated by the Commission to bring an action under
subsection (a) against persons that the Commission has
determined have or are engaged in a pattern or practice which
violates a rule of the Commission under section 501(a).
``SEC. 505. DEFINITIONS.
``As used in this title:
``(1) Billing aggregator.--The term `billing aggregator'
means a person who aggregates the charges of one or more
providers of miscellaneous products or services and transmits
them to be included in a telephone bill.
``(2) Billing dispute.--The term `billing dispute' consists
of any one or more of the following claims:
``(A) that a miscellaneous product or service
charge was not authorized by the subscriber;
``(B) that a miscellaneous product or service
charge was not in an amount authorized by the
subscriber; or
``(C) that a miscellaneous product or service
charge was transmitted for a product or service that
was not provided to the subscriber.
``(3) Commission.-- The term `Commission' means the Federal
Trade Commission.
``(4) Common carrier, local exchange carrier, telephone
exchange service, and telephone toll service.--The terms
`common carrier', `local exchange carrier', `telephone exchange
service', and `telephone toll service' have the meanings
provided in section 3 of the Communications Act of 1934.
``(5) Miscellaneous product or service.--The term
`miscellaneous product or service' means any product or service
that is not--
``(A) telephone exchange service, telephone toll
service, or services that are provided by the
subscriber's selected provider of telephone exchange
service or telephone toll service and that the
Commission defines by rule as services that are
ancillary to telephone exchange service or telephone
toll service;
``(B) pay-per-call services subject to the
provisions of title II of this Act; or
``(C) telephone billed purchases subject to the
provisions of title III of this Act.
``(5) Miscellaneous product or service charges.--The term
`miscellaneous product or service charges' means charges for
miscellaneous product or services that are billed on a
telephone bill.
``(6) Subscriber.--The term `subscriber' means the party
identified in the account records of a common carrier issuing a
telephone bill (or on whose behalf a telephone bill is issued),
any other person identified in such records as authorized to
change the services subscribed to or to charge services to the
account, and any person otherwise lawfully authorized to
represent such party.
``(7) Telephone bill.--The term `telephone bill' means a
bill--
``(A) for telephone exchange service and other
services issued by or on behalf of a common carrier to
its telephone exchange service customers; or
``(B) for telephone toll service and other services
issued by or on behalf of a common carrier to its
telephone toll service customers.''. | Anti-Cramming Protection Act of 1998 - Amends the Telephone Disclosure and Dispute Resolution Act to direct the Federal Trade Commission (FTC) to prescribe rules to protect consumers from unfair and deceptive acts in the billing of miscellaneous product or service charges. Prohibits any person from submitting for billing on telephone bills miscellaneous product or service charges which have not been authorized by the subscriber. Outlines further requirements with respect to the identification, and notification to the subscriber, of such miscellaneous charges. Authorizes a subscriber to instruct its common carrier not to bill for any miscellaneous product or service charges or for certain subcategories of such products or services.
Directs the FTC to adopt rules for dispute resolution between a subscriber and a provider of miscellaneous products or services. Authorizes a common carrier to discontinue customer billing if it reasonably believes that charges are being submitted to such carrier for billing in violation of this section.
Provides for enforcement of FTC rules adopted pursuant to this Act. Recognizes any applicable State law not inconsistent with this Act. Directs the FTC to enforce the requirements of this Act. Authorizes the attorney general of a State, or other authorized State officials, to bring a civil action on behalf of its residents for violations of this Act, after prior written notice to the FTC. | {"src": "billsum_train", "title": "Anti-Cramming Protection Act of 1998"} | 3,163 | 303 | 0.649431 | 1.935593 | 0.803404 | 3.118367 | 11.755102 | 0.881633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Veterans in STEM Careers
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(3) STEM.--The term ``STEM'' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
(4) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 3. SUPPORTING VETERANS IN STEM EDUCATION AND COMPUTER SCIENCE.
(a) Supporting Veteran Involvement in Scientific Research and STEM
Education.--The Director shall, through the research and education
activities of the Foundation, encourage veterans to study and pursue
careers in STEM and computer science, in coordination with other
Federal agencies that serve veterans.
(b) Veteran Outreach Plan.--Not later than 180 days after the date
of enactment of this Act, the Director shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a plan
for how the Foundation can enhance its outreach efforts to veterans.
Such plan shall--
(1) report on the Foundation's existing outreach
activities;
(2) identify the best method for the Foundation to leverage
existing authorities and programs to facilitate and support
veterans in STEM careers and studies, including teaching
programs; and
(3) include options for how the Foundation could track
veteran participation in research and education programs of the
Foundation, and describe any barriers to collecting such
information.
(c) National Science Board Indicators Report.--The National Science
Board shall provide in its annual report on indicators of the state of
science and engineering in the United States any available and relevant
data on veterans in science and engineering careers or education
programs.
(d) Robert Noyce Teacher Scholarship Program Update.--Section 10 of
the National Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n-1) is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) higher education programs that serve or
support veterans.''; and
(2) in subsection (b)(2)(F)--
(A) by striking ``and students'' and inserting ``,
students''; and
(B) by inserting ``, and veterans'' before the
period at the end.
(e) National Science Foundation Teaching Fellowships and Master
Teaching Fellowships Update.--Section 10A(d) of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(d)) is
amended--
(1) in paragraph (3)(F)--
(A) by striking ``and individuals'' and inserting
``, individuals''; and
(B) by inserting ``, and veterans'' before the
period at the end; and
(2) in paragraph (4)(B), by inserting ``and veterans''
before the period at the end.
(f) National Science Foundation Computer and Network Security
Capacity Building Grants Update.--Section 5(a) of the Cyber Security
Research and Development Act (15 U.S.C. 7404(a)) is amended--
(1) in paragraph (1), by inserting ``and students who are
veterans'' after ``these fields''; and
(2) in paragraph (3)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) creating opportunities for veterans to
transition to careers in computer and network security;
and''.
(g) Graduate Traineeships in Computer and Network Security Research
Update.--Section 5(c)(6)(C) of the Cyber Security Research and
Development Act (15 U.S.C. 7404(c)(6)(C)) is amended by inserting ``or
veterans'' after ``disciplines''.
(h) Veterans and Military Families STEM Education Interagency
Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy shall establish or designate an interagency
working group to coordinate Federal programs and policies for
transitioning and training veterans and military spouses for
STEM careers.
(2) Duties of interagency working group.--The interagency
working group under paragraph (1) shall--
(A) coordinate any Federal agency STEM outreach
activities and programs for veterans and military
spouses; and
(B) develop and facilitate the implementation by
participating agencies of a strategic plan, which
shall--
(i) specify and prioritize short- and long-
term objectives;
(ii) specify the common metrics that will
be used by Federal agencies to assess progress
toward achieving such objectives;
(iii) identify barriers veterans face in
reentering the workforce, including a lack of
formal STEM education, career guidance, and the
process of transferring military credits and
skills to college credits;
(iv) identify barriers military spouses
face in establishing careers in STEM fields;
(v) describe the approaches that each
participating agency will take to address
administratively the barriers described in
clauses (iii) and (iv); and
(vi) identify any barriers that require
Federal or State legislative or regulatory
changes in order to be addressed.
(3) Duties of ostp.--The Director of the Office of Science
and Technology Policy shall encourage and monitor the efforts
of the Federal agencies participating in the interagency
working group to ensure that the strategic plan required under
paragraph (2)(B) is developed and executed effectively and that
the objectives of such strategic plan are met.
(4) Report.--The Director of the Office of Science and
Technology Policy shall--
(A) not later than 1 year after the date of
enactment of this Act, submit to Congress the strategic
plan required under paragraph (2)(B); and
(B) include in the annual report required by
section 101(d) of the America COMPETES Reauthorization
Act a description of any progress made in carrying out
the activities described in paragraph (2)(B) of this
subsection.
(5) Sunset.--The interagency working group under paragraph
(1) shall terminate on the date that is 5 years after the date
that it is established. | Supporting Veterans in STEM Careers Act This bill directs the National Science Foundation (NSF) to: (1) encourage veterans to study and pursue careers in STEM (science, technology, engineering, and mathematics) and computer science in coordination with other federal agencies that serve veterans, and (2) submit a plan to Congress for enhancing veterans outreach. The National Science Board shall provide in its annual report on the state of science and engineering in the United States relevant data on veterans in science and engineering careers or education programs. The bill provides for veterans' participation and outreach in: (1) the Robert Noyce Teacher Scholarship program to recruit and train mathematics and science teachers, (2) NSF fellowships and masters fellowships for mathematics and science teachers, (3) computer and network security capacity building grants, and (4) traineeship grants leading to a doctorate degree in computer and network security research. The Office of Science and Technology Policy shall establish an interagency working group to coordinate federal programs and policies for transitioning and training veterans and military spouses for STEM careers. | {"src": "billsum_train", "title": "Supporting Veterans in STEM Careers Act"} | 1,494 | 213 | 0.665905 | 1.948593 | 1.072409 | 3.776699 | 6.582524 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census of Americans Abroad Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) an estimated 3,000,000 to 6,000,000 Americans live and
work overseas while continuing to vote and pay taxes in the
United States;
(2) Americans residing abroad help increase exports of
American goods because they traditionally buy American, sell
American, and create business opportunities for American
companies and workers, thereby strengthening the United States
economy, creating jobs in the United States, and extending
United States influence around the globe;
(3) with the growing threat of terrorism against Americans
who live around the world, the need to account for the number
of Americans residing in different countries is even more
important;
(4) Americans residing abroad play a key role in advancing
this Nation's interests by serving as economic, political, and
cultural ``ambassadors'' of the United States; and
(5) the major business, civic, and community organizations
representing Americans and companies of the United States
abroad support the counting of all Americans residing abroad by
the Bureau of the Census, and are prepared to assist the Bureau
of the Census in this task.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Bureau of the Census should undertake a test census
of Americans residing in selected countries abroad, and that
the necessary funding should be appropriated for this purpose;
(2) the Bureau of the Census should, after completing that
test census, review the means by which Americans residing
abroad may be included in the 2010 decennial census;
(3) based on its review (described in paragraph (2)), the
Bureau of the Census should again test methodologies that would
provide for the counting of Americans residing abroad; and
(4) the Bureau of the Census should take appropriate
measures to provide for the inclusion of Americans residing
abroad in the 2010 decennial census and decennial censuses
thereafter.
SEC. 3. COUNTING OF AMERICANS RESIDING ABROAD.
(a) In General.--The Secretary of Commerce shall--
(1) using any authorities available to the Secretary under
section 182 or any other provision of title 13, United States
Code, take a test census of Americans residing abroad by
September 30, 2004;
(2) submit the final tabulations of the test census to the
President and Congress within 9 months after the date specified
in paragraph (1), broken down into appropriate categories,
including--
(A) Americans residing abroad affiliated with the
Federal Government, and their dependents; and
(B) Americans residing abroad not affiliated with
the Federal Government, and their dependents;
(3) not later than June 30, 2005, submit to the President
and Congress a report containing any recommendations the
Secretary may have with respect to the inclusion of Americans
residing abroad in future decennial censuses, including--
(A) counting methodologies;
(B) the purposes for which any information could or
should be used; and
(C) whether Americans residing abroad can be
included in the 2010 decennial census for purposes of
the apportionment of Representatives in Congress among
the several States and, if so, how that should be done;
(4) after submitting the report required by paragraph (3),
but before the end of 2006, again test methodologies for
counting Americans residing abroad; and
(5) take appropriate measures--
(A) to provide for the inclusion of Americans
residing abroad in the 2010 decennial census and
decennial censuses thereafter; and
(B) to make use of the information obtained from
such censuses for such purposes as, and to the maximum
extent that, the Secretary considers feasible and
appropriate.
(b) Confidentiality of Information; Penalties.--The provisions of
section 9 and chapter 7 of title 13, United States Code, shall apply
with respect to the test census.
(c) Limited Use of Data.--The data obtained from the test census
may not be used for any purpose not specifically provided for under
this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Census of Americans Abroad Act - Directs the Secretary of Commerce: (1) by September 30, 2004, to take a test census of Americans residing abroad; (2) within nine months after such date, to submit to the President and Congress the final tabulations of such census broken down by Americans residing abroad that are and that are not affiliated with the Federal Government; (3) by June 30, 2005, submit a report containing recommendations on the inclusion of such Americans in future decennial censuses; (4) before the end of 2006, again test methodologies for counting those persons; and (5) provide for inclusion of Americans residing abroad in the decennial censuses of 2010 and thereafter. | {"src": "billsum_train", "title": "A bill to provide for a test census of Americans residing abroad, and to require that such individuals be included in the 2010 decennial census."} | 914 | 145 | 0.67342 | 1.955332 | 0.715821 | 3.507463 | 6.492537 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Information
Sharing Enhancement Act of 2006''.
SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SECURITY-RELATED
INFORMATION.
Congress finds the following:
(1) Section 201(d)(1) of the Homeland Security Act of 2002
gives the Department of Homeland Security authority to access,
receive, and analyze law enforcement information, intelligence
information, and other information from Federal, State, and
local government agencies--including law enforcement agencies--
and to integrate such information in order to detect, identify,
and assess terrorist threats to the homeland.
(2) Section 201(d)(4) of the Homeland Security Act of 2002
likewise gives the Department the power to ensure ``timely and
efficient access'' to these categories of information in order
to effectively discharge its information sharing
responsibilities.
(3) Section 102A(f)(1)(B)(iii) of the National Security Act
of 1947 (50 U.S.C. 403-1(f)(1)(B)(iii)), as amended by section
1011 of the Intelligence Reform and Terrorism Prevention Act of
2004, prohibits the Director of National Intelligence from
disseminating information directly to State and local
government officials.
(4) Under section 119(f)(1)(E) of the National Security Act
of 1947 (50 U.S.C. 404o(f)(1)(E)), as amended, the Director of
the National Counterterrorism Center supports the
responsibilities of the Department of Homeland Security to
disseminate terrorism information.
(5) Section 201(d)(9) of the Homeland Security Act of 2002
gives the Department of Homeland Security the responsibility to
disseminate information analyzed by the Department to other
Federal, State, and local agencies with responsibilities
relating to homeland security ``in order to assist in the
deterrence, prevention, preemption of, or response to,
terrorist attacks. . .''.
(6) Section 201(d)(11) of the Homeland Security Act of 2002
(6 U.S.C. 121(d)(11)) explicitly gives the Department the
responsibility to ensure ``appropriate exchanges of
information, including law enforcement-related information,
relating to threats of terrorism against the United States''.
(7) Section 201(d)(14) of the Homeland Security Act of 2002
gives the Department the responsibility ``to establish and
utilize . . . a secure communications and information
technology infrastructure . . . in order to access, receive,
and analyze data'' and to disseminate that data to State,
local, and tribal law enforcement agencies as appropriate.
SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 is amended by adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Under Secretary for Information and
Analysis shall implement a Homeland Security Advisory System in
accordance with this section to provide public advisories and alerts
regarding threats to homeland security, including national, regional,
local, and economic sector advisories and alerts, as appropriate.
``(b) Required Elements.--The Under Secretary, under the System--
``(1) shall include, in each advisory and alert regarding a
threat, information on appropriate protective measures and
countermeasures that may be taken in response to the threat;
``(2) shall, whenever possible, limit the scope of each
advisory and alert to a specific region, locality, or economic
sector believed to be at risk; and
``(3) shall not, in issuing any advisory or alert, use
color designations as the exclusive means of specifying the
homeland security threat conditions that are the subject of the
advisory or alert.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``Sec. 203. Homeland Security Advisory System.''.
SEC. 4. HOMELAND SECURITY INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 3, is further
amended by adding at the end the following:
``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing Environment.--Consistent with section
1016 of the National Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize
the information of the intelligence components of the Department into a
Department information sharing environment, to be administered by the
Under Secretary for Intelligence and Analysis.
``(b) Information Sharing and Knowledge Management Officers.--For
each intelligence component of the Department, the Secretary shall
designate an information sharing and knowledge management officer who
shall report to the Under Secretary for Intelligence and Analysis with
respect to coordinating the different systems used in the Department to
gather and disseminate homeland security information.
``(c) State, Local, and Private-Sector Sources of Information.--
``(1) Establishment of business processes.--The Under
Secretary for Intelligence and Analysis shall establish
Department-wide procedures for the review and analysis of
information gathered from State, local, tribal, and private-
sector sources and, as appropriate, integrate such information
into the information gathered by the Department and other
department and agencies of the Federal Government.
``(2) Feedback.--The Secretary shall develop mechanisms to
provide analytical and operational feedback to any State,
local, tribal, and private-sector entities that gather
information and provide such information to the Secretary.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Under Secretary shall provide to
employees of the Department opportunities for training and
education to develop an understanding of the definition of
homeland security information, how information available to
them as part of their duties might qualify as homeland security
information, and how information available to them is relevant
to the Office of Intelligence and Analysis.
``(2) Evaluations.--The Under Secretary shall, on an
ongoing basis, evaluate how employees of the Office of
Intelligence and Analysis and the intelligence components of
the Department are utilizing homeland security information and
participating in the Department information sharing
environment.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 204. Homeland security information sharing.''.
(c) Establishment of Comprehensive Information Technology Network
Architecture.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following new section:
``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
``(a) Establishment.--The Secretary, acting through the Chief
Intelligence Officer, shall establish a comprehensive information
technology network architecture for the Office of Intelligence and
Analysis.
``(b) Network Model.--The comprehensive information technology
network architecture established under subsection (a) shall, to the
extent possible, incorporate the approaches, features, and functions of
the network proposed by the Markle Foundation in reports issued in
October 2002 and December 2003, known as the System-wide Homeland
Security Analysis and Resource Exchange (SHARE) Network.
``(c) Comprehensive Information Technology Network Architecture
Defined.--the term `comprehensive information technology network
architecture' means an integrated framework for evolving or maintaining
existing information technology and acquiring new information
technology to achieve the strategic goals and information resources
management goals of the Office of Information and Analysis.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such subtitle the following:
``Sec. 205. Comprehensive information technology network
architecture.''.
(3) Reports.--
(A) Report on implementation of plan.--Not later
than 360 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report
containing a plan to implement the comprehensive
information technology network architecture for the
Office of Intelligence and Analysis of the Department
of Homeland Security required under section 209 of the
Homeland Security Act of 2002, as added by paragraph
(1). Such report shall include the following:
(i) Priorities for the development of the
comprehensive information technology network
architecture and a rationale for such
priorities.
(ii) An explanation of how the various
components of the comprehensive information
technology network architecture will work
together and interconnect.
(iii) A description of the technology
challenges that the Office of Intelligence and
Analysis will face in implementing the
comprehensive information technology network
architecture.
(iv) A description of technology options
that are available or are in development that
may be incorporated into the comprehensive
technology network architecture, the
feasibility of incorporating such options, and
the advantages and disadvantages of doing so.
(v) An explanation of any security
protections to be developed as part of the
comprehensive information technology network
architecture.
(vi) A description of any safeguards for
civil liberties and privacy to be built into
the comprehensive information technology
network architecture.
(vii) An operational best practices plan.
(B) Progress report.--Not later than 180 days after
the date on which the report is submitted under
subparagraph (A), the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report on the progress of the Secretary in developing
the comprehensive information technology network
architecture required under section 209 of the Homeland
Security Act of 2002, as added by paragraph (1).
(d) Intelligence Component Defined.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the
following new paragraph:
``(17) The term `intelligence component of the Department'
means any directorate, agency, or element of the Department
that gathers, receives, analyzes, produces, or disseminates
homeland security information except--
``(A) a directorate, agency, or element of the
Department that is required to be maintained as a
distinct entity under this Act; or
``(B) any personnel security, physical security,
document security, or communications security program
within any directorate, agency, or element of the
Department.''.
SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
``(a) Primary Authority.--Except as provided in subsection (b), the
Secretary or the Secretary's designee shall be the executive branch
official responsible for disseminating homeland security-related
terrorist threat information to State and local government and tribal
officials and the private sector.
``(b) Prior Approval Required.--No Federal official may issue any
homeland security-related analysis, advisory, or alert without the
Secretary's prior approval, except--
``(1) in exigent circumstances under which it is essential
that the information be communicated immediately; or
``(2) when such analysis advisory or alert is issued to
Federal, State, local, or tribal law enforcement officials for
the purpose of assisting them in any aspect of the
administration of criminal justice.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
title the following:
``Sec. 104. Authority for disseminating homeland security-related
information.''. | Homeland Security Information Sharing Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to require the Under Secretary for Information and Analysis to implement a Homeland Security Advisory System to provide advisories and alerts regarding threats to homeland security. Requires such an advisory or alert to: (1) include information on protective measures and countermeasures; (2) be limited in scope to a specific region, locality, or economic sector; and (3) not use color designations as the exclusive means of specifying threat conditions.
Directs the Secretary of the Department of Homeland Security (DHS) to: (1) integrate and standardize the information of the Department's intelligence components into a Department information-sharing environment; and (2) designate, for each such component, an information-sharing and knowledge management officer.
Requires the Under Secretary to: (1) establish Department-wide procedures for the review and analysis of information gathered from state, local, tribal, and private-sector sources; (2) develop mechanisms to provide analytical and operational feedback; (3) provide Department employees training and educational opportunities; and (4) evaluate how employees of the Office of Intelligence and Analysis and the Department's intelligence components are utilizing homeland security information.
Directs the Secretary, acting through the Chief Intelligence Officer, to establish a comprehensive information technology architecture for such Office.
Makes the Secretary the executive branch official responsible for disseminating homeland security-related terrorist threat information to state and local government and tribal officials and the private sector. Prohibits any federal official from issuing a homeland security-related analysis, advisory, or alert without the Secretary's approval, with exceptions. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance homeland security information sharing, and for other purposes."} | 2,741 | 348 | 0.587641 | 1.754521 | 0.726229 | 4.231975 | 7.633229 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA Jobs Protection Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The H-1B and L-1 visa programs were established to
enable United States employers to hire workers with the
necessary skills and allow the intracompany transfer of certain
workers in the employ of companies with operations outside of
the United States.
(2) Employers have used the H-1B and L-1 visa programs to
fill hundreds of thousands of positions in United States firms.
(3) According to a General Accounting Office report, 60
percent of the positions being filled by workers provided under
the H-1B visa program are related to information technology.
(4) The median annual salaries for information technology
employment was $45,000 in 1999.
(5) In 2001, Congress specifically banned the displacement
of United States employees by H-1B visa holders and mandated
that employers pay H-1B workers prevailing United States wages.
(6) United States unemployment in information technology
specialties has increased over the last 2 years making it more
difficult for employers to certify that they are unable to find
American information technology employees to fill vacancies as
required to gain approval of H-1B visa applications.
(7) United States consular officers in foreign countries in
the past have expressed concerns that the L-1 visa program was
being exploited beyond the original purpose of the program by
allowing employers to bring in workers who subsequently are
employed by other companies.
(8) It has been reported that the former Immigration and
Naturalization Service was reviewing the L-1 visa program to
assess whether companies were using the L-1 visa to circumvent
restrictions associated with the H-1B visa program.
(9) The Department of Labor has had very limited authority
to enforce the program requirements of the H-1B visa program
and no legal authority to police the L-1 visa program.
(10) Historical weaknesses in the administration of the H-
1B program by the former Immigration and Naturalization Service
caused unnecessary delays in processing employer requests and
also made the H-1B program vulnerable to abuse.
(b) Purpose.--The purpose of this Act is to ensure that the H-1B
and L-1 visa programs are utilized for the purposes for which they were
intended and not to displace American workers with lower cost foreign
visa holders, by closing the loopholes in the programs and
strengthening enforcement and penalties for violations of laws.
SEC. 3. L-1 NONIMMIGRANT VISAS.
(a) Wage Requirements; Limitation on Placement of Intracompany
Transferees; Displacement of Workers.--Section 214(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by
adding at the end the following:
``(F) No alien may be admitted or provided status as a nonimmigrant
described in section 101(a)(15)(L) unless the importing employer has
filed with the Secretary of Labor an application stating the following:
``(i) The employer will not place the nonimmigrant with
another employer where--
``(I) the nonimmigrant performs duties in whole or
in part at 1 or more worksites owned, operated, or
controlled by such other employer; and
``(II) there are indicia of an employment
relationship between the nonimmigrant and such other
employer.
``(ii) The employer shall make available for public
examination, not later than 1 working day after the date on
which an application under this subparagraph is filed, at the
employer's principal place of business or worksite, a copy of
each such application (and such accompanying documents as are
necessary). The Secretary shall compile, on a current basis, a
list (by employer and by occupational classification) of the
applications filed under this subparagraph. The Secretary shall
make such list available for public examination in Washington,
D.C. The Secretary of Labor shall review such an application
only for completeness and obvious inaccuracies. Unless the
Secretary of Labor finds that an application is incomplete or
obviously inaccurate, the Secretary of Labor shall certify to
the Secretary of Homeland Security, not later than 7 days after
the date of the filing of the application, that the
requirements of this subclause have been satisfied. The
application form shall include a clear statement explaining the
liability under this clause if an employer places a
nonimmigrant with another employer in violation of clause (i).
``(iii) The employer is offering and will offer during the
period of authorized employment to aliens admitted or provided
status as a nonimmigrant described in section 101(a)(15)(L)
wages that are at least--
``(I) the actual wage level paid by the employer to
all other individuals with similar experience and
qualifications for the specific employment in question;
or
``(II) the prevailing wage level for the
occupational classification in the area of employment;
whichever is greater, based on the information available at the
time of filing the application.
``(iv) The employer did not displace and will not displace
a United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after the
date of filing of any visa petition supported by the
application.
``(v) The provisions of section 212(n)(2) shall apply to a
failure to meet a condition of clauses (i), (iii), and (iv) and
subparagraph (G) in the same manner as such provisions apply to
a failure to meet a condition of section 212(n)(1)(F).''.
(b) Appropriate Agencies References.--Section 214(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended by
inserting after ``Department of Agriculture.'' the following: ``For
purposes of this subsection with respect to nonimmigrants described in
section 101(a)(15)(L), the term `appropriate agencies of Government'
means the Department of Labor.''.
(c) Restriction of Blanket Petitions.--Section 214(c)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
striking ``In the case of'' and all that follows through the period and
inserting the following: ``Not later than January 15 of each year, the
Secretary of Homeland Security shall consult with the Secretary of
Labor to ensure that procedures utilized in that calendar year to
process blanket petitions shall not undermine efforts by the Department
of Labor to enforce the provisions of this subsection and shall
consider any recommendations that the Secretary of Labor proposes to
such procedures to enhance compliance with the provisions of this
subsection.''.
(d) Action on Petitions.--Section 214(c)(2)(C) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(C)) is amended by inserting
before the period the following: ``, unless the Secretary of Homeland
Security, after consultation with the Secretary of Labor, determines
that an additional period of time beyond 30 days is necessary to ensure
the proper implementation of this subsection''.
(e) Employment History.--Section 101(a)(15)(L) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking
``one year'' and inserting ``2 of the last 3 years''.
(f) Period of Admission.--Section 214(c)(2)(D) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(D)) is amended--
(1) in clause (i), by striking ``7 years'' and inserting
``5 years''; and
(2) in clause (ii), by striking ``5 years'' and inserting
``3 years''.
(g) Recruitment; Administrative Fee; Definitions.--Section
214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)),
as amended by subsection (a), is further amended by adding at the end
the following:
``(G) In the case of a petition to import aliens as nonimmigrants
in a capacity that involves specialized knowledge as described in
section 101(a)(15)(L), the employer, prior to filing the petition,
shall file with the Secretary of Labor an application stating that the
employer has taken good faith steps to recruit, in the United States
using procedures that meet industry-wide standards, United States
workers for the job for which the nonimmigrants are sought.
``(H) The Secretary of Labor shall impose a fee on an employer
filing a petition to import aliens as nonimmigrants described in
section 101(a)(15)(L) to cover the administrative costs of processing
the petition.
``(I) The Secretary of Labor may initiate an investigation of any
employer that employs nonimmigrants described in section 101(a)(15)(L)
if the Secretary of Labor has reasonable cause to believe that the
employer is not in compliance with this subsection. The investigation
may be initiated not solely for completeness and obvious inaccuracies
by the employer in complying with this subsection.
``(J) In this paragraph:
``(i) In the case of an application with respect to 1 or
more nonimmigrants described in section 101(a)(15)(L) by an
employer, the employer is considered to `displace' a United
States worker from a job if the employer lays off the worker
from a job that is essentially the equivalent of the job for
which the nonimmigrant is sought. A job shall not be considered
to be essentially equivalent of another job unless it involves
essentially the same responsibilities, was held by a United
States worker with substantially equivalent qualifications and
experience, and is located in the same area of employment as
the other job.
``(ii)(I) The term `lays off', with respect to a worker--
``(aa) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or
the expiration of a grant or contract; but
``(bb) does not include any situation in which the
worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee
accepts the offer.
``(II) Nothing in this clause is intended to limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(iii) The term `United States worker' means an employee
who--
``(I) is a citizen or national of the United
States; or
``(II) is an alien who is lawfully admitted for
permanent residence or is an immigrant otherwise
authorized by this Act or by the Secretary of Homeland Security to be
employed.''.
(h) Technical and Conforming Amendment.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by striking
``Attorney General'' each place that term appears and inserting
``Secretary of Homeland Security''.
SEC. 4. TEMPORARY NONIMMIGRANT WORKERS.
(a) H-1B Dependent Employers.--
(1) In general.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E)(ii), by striking
``an H-1B-dependent employer (as defined in
paragraph (3))'' and inserting ``an employer
that employs H-1B nonimmigrants''; and
(ii) in subparagraph (F), by striking
``(regardless of whether or not such other
employer is an H-1B-dependent employer)''; and
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If
an H-1B-dependent employer'' and inserting ``If
an employer that employs H-1B nonimmigrants'';
and
(ii) in subparagraph (F), by striking ``The
preceding sentence shall apply to an employer
regardless of whether or not the employer is an
H-1B-dependent employer.''.
(2) Conforming definition amendment.--Section 212(n)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is
amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(b) Displacement of Workers.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(F), by striking ``90 days'' each place
that term appears and inserting ``180 days''; and
(2) in paragraph (2)(C)(iii), by striking ``90 days'' each
place that term appears and inserting ``180 days''.
(c) Enforcement Action.--Section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end
the following:
``(I) The Secretary of Labor may initiate an investigation of any
employer that hires nonimmigrants described in section
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to
believe that the employer is not in compliance with this subsection.
The investigation may be initiated not solely for completeness and
obvious inaccuracies by the employer in complying with this
subsection.''.
(d) Administrative Fee.--Section 214(c)(9)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking
``before October 1, 2003''.
SEC. 5. COMPTROLLER GENERAL INVESTIGATION.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall undertake an
investigation to determine--
(1) how the amendments made by this Act are being
implemented;
(2) the impact that the amendments made by this Act have
had on employers and workers in the United States; and
(3) whether additional changes to existing law are
necessary--
(A) to prevent American workers from being
displaced by nonimmigrants described in subparagraphs
(L) and (H)(i)(b) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15));
or
(B) to meet the legitimate needs of United States
employers. | USA Jobs Protection Act of 2003 - Amends the Immigration and Nationality Act to revise L-1 nonimmigrant visa provisions (intracompany transfers). Prohibits the admission of an L-1 worker unless the employer files an application with the Secretary of Labor stating that the employer will: (1) not place the worker with another employer; (2) make the L-1 application available for public examination and compilation by the Secretary; (3) provide wage comparability; and (4) not displace U.S. workers during the period of 180 days before and after the L-1 hiring.
Requires an employer, prior to petitioning for admission of a specialized knowledge L-1 worker, to file an application with the Secretary stating that good faith steps have been taken to recruit U.S. workers for the job for which the L-1 worker is sought.
Directs the Secretary of Homeland Security to consult annually with the Secretary respecting the use and effect of blanket L-1 petitions.
Increases the L-1 prior employment abroad requirement. Reduces the period of L-1 admission. Establishes an L-1 employer petition fee.
Authorizes the Secretary of Labor to initiate an L-1 employer investigation.
Revises H-1B nonimmigrant visa provisions (temporary workers) to: (1) subject all H-1B employers (currently H-1B dependent employers) to such provisions; (2) lengthen U.S. worker displacement protection; and (3) authorize the Secretary of Labor to initiate an H-1B employer investigation.
Directs the General Accounting Office to investigate the implementation and impact of amendments made by this Act. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act with respect to the H-1B and L-1 visa programs to prevent unintended United States job losses, to increase the monitoring and enforcement authority of the Secretary of Labor over such programs, and for other purposes."} | 3,392 | 337 | 0.57784 | 1.859782 | 0.749816 | 2.190813 | 10.113074 | 0.876325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Demilitarization Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world's governments spend $840,000,000,000 each
year to support military forces of more than 23,000,000
soldiers.
(2) This expenditure for achieving security has itself
become a serious threat to security, absorbing 11 percent of
all government expenditures at a time when citizens in both
developed and developing countries face sharp cuts in
programs--such as health, education, research, and job
training--that provide the human building blocks for our common
future.
(3) The United States and other developed nations bear
significant responsibility for excessive military expenditures,
accounting for 77 percent of world military spending and for 94
percent of arms transfers to developing nations, with the
United States being the world's leader in both categories.
(4) The United States and other developed nations jointly
have a controlling vote in the International Monetary Fund, the
International Bank for Reconstruction and Development, and
other international financial institutions that have subsidized
excessive military spending in numerous countries by exempting
the military portions of a country's budget from audit and
assessment.
(5) Developing nations also bear significant responsibility
for excessive military expenditures, spending $191,000,000,000
each year, or 4 times all receipts of foreign aid from all
sources.
(6) In the developing world, where more than 900,000,000
people cannot read or write, military spending is nearly as
high as spending on education.
(7) In the developing world, where 1,000,000,000 people
never see a health professional and where more than 2,000,000
children die each year of preventable infectious diseases,
military spending is higher than spending on health.
(8) The lack of transparency, to both a country's citizens
and to international financial institutions, of the military
budget and of military ownership or other forms of involvement
in the civilian economy provides refuge for corruption and
undercuts the international financial institutions' efforts to
promote ``good governance''.
(9) Ownership of businesses and investment funds and other
types of financial interests of armed forces in the civilian
sector of the economy in countries as diverse as Chile, China,
Ecuador, Guatemala, and Indonesia distorts prices and reduces
competition, and also increases the political power of armed
forces, thereby posing a threat to the transition to economic
and political freedom in the developing world that is a primary
goal of United States foreign policy.
(10) Top-ranking United States and international officials,
including the Secretary of the Treasury, the President of the
World Bank, and the Managing Director of the International
Monetary Fund, have publicly recognized the urgent need to
reduce world military spending, and pledged to make policy
changes in their institutions to promote reductions.
(11) Congress and the President have also made the
reduction of world military spending a goal of United States
foreign policy, and provided for the use of the financial
resources and technical capabilities of the international
financial institutions to achieve that goal, by enacting--
(A) section 60 of the Bretton Woods Agreements Act,
which requires the United States Executive Director at
the International Monetary Fund to report on methods to
promote reductions in military spending;
(B) the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993, which, in
its statement of managers, urges United States executive directors at
all the international financial institutions to use the United States
voice and vote to promote reductions in military spending;
(C) section 570 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1994, which requires the State Department to report on
countries' efforts to reduce military spending,
including regional force reduction talks; and
(D) section 1502 of the International Financial
Institutions Act, which requires United States
executive directors at the international financial
institutions to take into account, when deciding on
loan proposals, the proposed recipient's commitment to
providing accurate military spending data and ending
military involvement in the civilian economy.
(E) section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1997, which states that beginning three years after the
date of enactment of this Act, the United States
Executive Director of each international financial
institution must use the voice and vote of the United
States to oppose any loan or other utilization of the
funds of their respective institutions, other than to
address basic human needs, for the government of any
country which the Secretary of the Treasury
determines--
(i) does not have in place a functioning
system for a civilian audit of all receipts and
expenditures that fund activities of the armed
forces and security forces;
(ii) has not provided a summary of a
current audit to the institution.
(12) Despite these high-level statements and requirements
in law, no significant progress has been made in establishing
either a mechanism for regional talks on mutual military
reductions or mechanisms within the international financial
institutions for--
(A) verifying through accepted auditing procedures
the accuracy of reported military budgets;
(B) receiving and assessing the justification for
various expenditures within military budgets as well as
the overall trends and amounts of such expenditures;
and
(C) ending military ownership and financial
interests in the civilian economy.
(13) Dr. Oscar Arias, former President of Costa Rica and
1987 Nobel Peace Laureate, has joined with over 80 citizens'
groups around the world to propose a practical plan to achieve
the goals of these high-level statements and requirements in
law, The Year 2000 Campaign to Redirect World Military Spending
to Human Development, which contains the following 6 proposals:
(A) The Security Council and General Assembly of
the United Nations call on all nations to commit to
meeting with their neighbors to identify and implement
confidence-building measures and mutual reductions in
military threats that will reduce the likelihood of
future conflicts. These nations will seek to achieve
substantial reductions in military forces and
expenditures by the year 2000.
(B) Special envoys be appointed by the United
Nations Secretary-General to organize these
demilitarization talks in various regions of the world.
(C) Every nation meet with its regional envoy to
present plans for regional security at reduced force
levels. These nations will also participate in
negotiations guided by the envoy in order to identify
military capacities and implement mutual force
reductions. Such negotiations will reduce the threat
that nations pose to each other due to the size,
proximity, and technological sophistication of their
armed forces.
(D) With savings from reduced military spending,
all nations, in cooperation with grassroots
organizations, implement economic reforms related to
demilitarization, such as the conversion of military to
non-military production, landmine clearance, community
reconstruction, and the reintegration of demobilized
soldiers.
(E) In support of the steps taken toward
demilitarization by developing countries,
industrialized nations condition their bilateral and
multilateral aid to promote demilitarization. They will
exchange debt forgiveness for military conversion
efforts, provide special funding for programs to assist
the demilitarization process, promote full transparency
and reductions in military budgets, and bring about the
end of military involvement in the civilian economy.
(F) All arms-exporting nations agree to a Code of
Conduct on arms transfers that would bar exports to
nondemocratic governments, countries engaged in armed
aggression in violation of international law, countries
that do not fully participate in the United Nations
Register of conventional arms, and governments
permitting gross violations of internationally
recognized human rights.
(14) Citizens around the world are signing The Arias Peace
Pledge and communicating to their governments their support for
the proposals of The Year 2000 Campaign to Redirect World
Military Spending to Human Development.
(15) The United Nations is expected to consider crucial
components of this 6-point plan.
SEC. 3. PURPOSE.
The purpose of this Act is to enhance international security by
using the resources and expertise of the international financial
institutions and the United Nations to redirect world military spending
to human development.
SEC. 4. SPECIAL ENVOYS FOR MUTUAL DISARMAMENT.
The President shall instruct the United States Ambassador to the
United Nations to support in the Security Council, the General
Assembly, and other United Nations bodies, resolutions and other
efforts to--
(1) appoint special envoys for conflict prevention to
organize and conduct, in cooperation with appropriate
multilateral institutions, mutual disarmament talks in every
region of the world in which all nations would participate, and
to report to international financial institutions on the degree
of cooperation of governments with these talks;
(2) commit each member state to agree to meet with its
regional special envoy within 3 months of appointment to
deliver and discuss its proposal for regional (and, where
appropriate, international) confidence-building measures,
including mutual reductions in the size, proximity, and
technological sophistication of its and other nations' armed
forces, that would lead to significant cuts in threat levels
and military spending; and
(3) commit each member state to agree to continue meeting
with the special envoy and such regional bodies and states as
the special envoy shall suggest to complete negotiations on
such confidence-building measures, with the goal of making
significant cuts in military spending by the year 2000.
SEC. 5. ALTERNATIVE SECURITY PLAN.
Within 3 months after the date of the enactment of this Act, the
President shall prepare and deliver to the Congress and to the
Secretary General of the United Nations a report as described in
section 4(2) that would detail the changes in other nations' forces and
United States forces that would permit by the year 2000 a dramatic
reduction in United States military spending.
SEC. 6. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the United States should not provide economic
assistance, military assistance, or approve arms transfers or
related training, to any foreign government at any time during
which the United States is opposing loans to that foreign
government at international financial institutions pursuant to
section 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997.
(2) the President should designate the United States Agency
for International Development to be the lead agency for the
determinations made pursuant to section 576 (also section
15027); and
(3) the President should report annually to the Congress on
the progress made by international financial institutions in
integrating military spending issues such as those raised in
this Act into the loan review process of such international
financial institutions. | Demilitarization Act of 1997 - Directs the President to instruct the United Nations (UN) Ambassador to support UN efforts to: (1) appoint special conflict prevention envoys to conduct mutual disarmament talks in every region of the world in which all nations would participate; (2) commit each member state to meet with its regional special envoy to discuss its proposal for regional and international confidence-building measures (including mutual reductions in armed forces); and (3) commit each member state to continue meeting with the special envoy and suggested regional bodies and states to complete negotiations on such measures, in order to make significant military spending cuts by the year 2000.
Directs the President to detail to the Congress and the UN Secretary General the changes in military forces that would permit a dramatic reduction in U.S. military spending by the year 2000.
Expresses the sense of the Congress that: (1) the United States should provide neither economic nor military assistance, nor approve arms transfers or related training to any foreign government while it opposes loans to such government at international financial institutions pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997; (2) the President should designate the U.S. Agency for International Development to be the lead agency for making such determinations; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues into their loan review process. | {"src": "billsum_train", "title": "Demilitarization Act of 1997"} | 2,205 | 302 | 0.435386 | 1.498866 | 0.684184 | 4.67509 | 7.916968 | 0.942238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly
referred to as the Johnson-O'Malley Act) is amended by adding at the
end the following:
``SEC. 7. COMPUTATION OF STUDENT COUNT.
``(a) Definitions.--For the purposes of this Act, the following
definitions apply:
``(1) Contracting party.--The term `contracting party' means an
entity that has a contract through a program authorized under this
Act.
``(2) Eligible entity.--The term `eligible entity' means an
entity that is eligible to apply for a contract for a supplemental
or operational support program under this Act, as outlined in
section 1.
``(3) Existing contracting party.--The term `existing
contracting party' means a contracting party that has a contract
under this Act that is in effect on the date of enactment of the
JOM Modernization Act.
``(4) JOM modernization act.--The term `JOM Modernization Act'
means the Johnson-O'Malley Supplemental Indian Education Program
Modernization Act.
``(5) New contracting party.--The term `new contracting party'
means an entity that enters into a contract under this Act after
the date of enactment of the JOM Modernization Act.
``(6) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``(b) Determination of the Number of Eligible Indian Students.--
``(1) Initial determinations.--
``(A) In general.--The Secretary shall make an initial
determination of the number of eligible Indian students served
or potentially served by each eligible entity in accordance
with subparagraph (B).
``(B) Process for making the initial determination.--
``(i) Preliminary report.--Not later than 180 days
after the date of enactment of the JOM Modernization Act,
the Secretary shall publish a preliminary report describing
the number of eligible Indian students served or
potentially served by each eligible entity, using the most
applicable and accurate data (as determined by the
Secretary in consultation with eligible entities) from the
fiscal year preceding the fiscal year for which the initial
determination is to be made from--
``(I) the Bureau of the Census;
``(II) the National Center for Education
Statistics; or
``(III) the Office of Indian Education of the
Department of Education.
``(ii) Data reconciliation.--To improve the accuracy of
the preliminary report described in clause (i) prior to
publishing, the Secretary shall reconcile the data
described in the preliminary report with--
``(I) each existing contracting party's data
regarding the number of eligible Indian students served
by the existing contracting party for the fiscal year
preceding the fiscal year for which the initial
determination is made; and
``(II) identifiable tribal enrollment information.
``(iii) Comment period.--After publishing the
preliminary report under clause (i) in accordance with
clause (ii), the Secretary shall establish a 60-day comment
period to gain feedback about the preliminary report from
eligible entities, which the Secretary shall take into
consideration in preparing the final report described in
clause (iv).
``(iv) Final report.--Not later than 120 days after
concluding the consultation described in clause (iii), the
Secretary shall publish a final report on the initial
determination of the number of eligible Indian students
served or potentially served by each eligible entity,
including justification for not including any feedback
gained during such consultation, if applicable.
``(2) Subsequent academic years.--For each academic year
following the fiscal year for which an initial determination is
made under paragraph (1) to determine the number of eligible Indian
students served or potentially served by a contracting party, the
Secretary shall determine the number of eligible Indian students
served by the contracting party based on the reported eligible
Indian student count numbers identified through the reporting
process described in subsection (c).
``(c) Contracting Party Student Count Reporting Compliance.--
``(1) In general.--For each academic year following the fiscal
year for which an initial determination is made under subsection
(b) to determine the number of eligible Indian students served or
potentially served by a contracting party, the contracting party
shall submit to the Secretary a report describing the number of
eligible Indian students who were served using amounts allocated to
such party under this Act during the previous fiscal year. The
report shall also include an accounting of the amounts and purposes
for which the contract funds were expended.
``(2) Failure to comply.--A contracting party that fails to
submit a report under paragraph (1) shall receive no amounts under
this Act for the fiscal year following the academic year for which
the report should have been submitted.
``(3) Notice.--The Secretary shall provide contracting parties
with timely information relating to--
``(A) initial and final reporting deadlines; and
``(B) the consequences of failure to comply outlined in
paragraph (2).
``(4) Technical assistance.--The Secretary, acting through the
Director of the Bureau of Indian Education, shall provide technical
assistance and training on compliance with the reporting
requirements of this subsection to contracting parties.
``(d) Annual Report.--
``(1) In general.--The Secretary shall prepare an annual
report, including the most recent determination of the number of
eligible Indian students served by each contracting party,
recommendations on appropriate funding levels for the program based
on such determination, and an assessment of the contracts under
this Act that the Secretary--
``(A) may include in the budget request of the Department
of the Interior for each fiscal year;
``(B) shall submit to--
``(i) the Committee on Indian Affairs of the Senate;
``(ii) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
Senate;
``(iii) the Committee on Education and the Workforce of
the House of Representatives; and
``(iv) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
House of Representatives; and
``(C) shall make publicly available.
``(2) Manner of preparation.--The Secretary shall prepare the
report under paragraph (1) in a manner so as to prevent or minimize
new administrative burdens on contracting parties receiving funds
under this Act.
``(e) Hold Harmless.--
``(1) Initial hold harmless.--
``(A) In general.--Except as provided under subparagraph
(B) and subject to subparagraphs (C) and (D), for a fiscal
year, an existing contracting party shall not receive an amount
under this Act that is less than the amount that such existing
contracting party received under this Act for the fiscal year
preceding the date of enactment of the JOM Modernization Act.
``(B) Exceptions.--
``(i) In general.--An existing contracting party shall
receive an amount under this Act for a fiscal year that is
less than the amount that the existing contracting party
received under this Act for the fiscal year preceding the
date of enactment of the JOM Modernization Act, if one or
more of the following conditions is met:
``(I) Failure to report.--The existing contracting
party failed to submit a complete report described in
subsection (c) that was most recently due from the date
of the determination.
``(II) Violations of contract or law.--The
Secretary has found that the existing contracting party
has violated the terms of a contract entered into under
this Act or has otherwise violated Federal law.
``(III) Student count decrease.--The number of
eligible Indian students reported by such existing
contracting party under subsection (c) has decreased
below the number of eligible Indian students served by
the existing contracting party in the fiscal year
preceding the date of enactment of the JOM
Modernization Act.
``(ii) Amount of funding reduction for existing
contracting parties reporting decreased student counts.--A
reduction in an amount pursuant to clause (i)(III) shall
not be done in such a manner that the existing contracting
party receives an amount of funding per eligible Indian
student that is less than the amount of funding per
eligible Indian student such party received for the fiscal
year preceding the date of enactment of the JOM
Modernization Act.
``(C) Ratable reductions in appropriations.--If the funds
available under this Act for a fiscal year are insufficient to
pay the full amounts that all existing contracting parties are
eligible to receive under subparagraph (A) for the fiscal year,
the Secretary shall ratably reduce those amounts for the fiscal
year.
``(D) Sunset.--This paragraph shall cease to be effective 4
years after the date of enactment of the JOM Modernization Act.
``(2) Maximum decrease after 4 years.--Beginning 4 years after
the date of enactment of the JOM Modernization Act, no contracting
party shall receive for a fiscal year more than a 10 percent
decrease in funding per eligible Indian student from the previous
fiscal year.
``(f) Funding Allocation and Reform.--
``(1) Funding reform.--The Secretary may make recommendations
for legislation to increase the amount of funds available per
eligible Indian student through contracts under this Act to equal
to or greater than the amount of funds that were available per
eligible Indian student through contracts under this Act for fiscal
year 1995, and attempt to identify additional sources of funding
that do not reallocate existing funds otherwise utilized by Indian
students served--
``(A) by the Bureau of Indian Education; or
``(B) under title VI of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7401 et seq.).
``(2) Increases in program funding.--
``(A) In general.--Subject to subsection (e) and
subparagraph (B), for any fiscal year for which the amount
appropriated to carry out this Act exceeds the amount
appropriated to carry out this Act for the preceding fiscal
year, the excess amounts shall--
``(i) be allocated only to those contracting parties
that did not receive their full per student funding
allocation for the previous fiscal year; and
``(ii) be allocated first to new contracting parties
that did not receive their full per student funding
allocation for the previous fiscal year.
``(B) Parity in funding.--Subparagraph (A) shall have no
effect after the first fiscal year for which each contracting
party receives their full per student funding allocation.
``(g) Increased Geographical and Tribal Participation in the
Johnson-O'Malley Supplementary Education Program.--To the maximum
extent practicable, the Secretary shall consult with Indian tribes and
contact State educational agencies, local educational agencies, and
Alaska Native organizations that have not previously entered into a
contract under this Act--
``(1) to determine the interest of the Indian tribes, State
educational agencies, local educational agencies, and Alaska Native
organizations, in entering into such contracts; and
``(2) to share information relating to the process for entering
into a contract under this Act.
``(h) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
enactment of the JOM Modernization Act, the Secretary, acting
through the Director of the Bureau of Indian Education, shall
undertake and complete a rulemaking process, following the
provisions of subchapter II of chapter 5 of title 5, United States
Code, to--
``(A) determine how the regulatory definition of `eligible
Indian student' may be revised to clarify eligibility
requirements for contracting parties under this Act;
``(B) determine, as necessary, how the funding formula
described in section 273.31 of title 25, Code of Federal
Regulations (as in effect on the day before the date of
enactment of the JOM Modernization Act) may be clarified and
revised to ensure full participation of contracting parties and
provide clarity on the funding process under this Act; and
``(C) otherwise reconcile and modernize the rules to
comport with the activities of the contracting parties under
this Act as of the date of enactment of the JOM Modernization
Act.
``(2) Report.--Not later than 30 days after the date the
rulemaking under paragraph (1) is complete, the Secretary shall
submit a report to Congress describing the results of such
rulemaking and necessary recommendations to ensure the full
implementation of such rulemaking.
``(i) Student Privacy.--The Secretary shall ensure that data is
collected and each report is prepared under this section in a manner
that protects the rights of eligible Indian students in accordance with
section 444 of the General Education Provisions Act (commonly referred
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C.
1232g).
``(j) GAO Report.--Not later than 18 months after the final report
described in subsection (b)(1)(B)(iv) is published, the Comptroller
General shall--
``(1) conduct a review of the implementation of this section
during the preceding 2-year period, including any factors
impacting--
``(A) the accuracy of the determinations of the number of
eligible Indian students under this section;
``(B) the communication between the Bureau of Indian
Education and contracting parties; and
``(C) the efforts by the Bureau of Indian Education to
ensure accurate and sufficient distribution of funding for
Indian students;
``(2) submit a report describing the results of the review
under paragraph (1) to--
``(A) the Committee on Indian Affairs of the Senate;
``(B) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
Senate;
``(C) the Subcommittee on Indian, Insular and Alaska Native
Affairs of the Committee on Natural Resources of the House of
Representatives; and
``(D) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
House of Representatives; and
``(3) make such report publicly available.
``(k) Effect.--Nothing in this section--
``(1) creates a new program or duplicates program activities
under this Act; or
``(2) replaces or diminishes the effect of regulations to carry
out this Act existing on the day before the date of enactment of
the JOM Modernization Act, unless expressly provided in this
section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year. The bill sets forth a process to revise funding allocations provided under the program. Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process. | {"src": "billsum_train", "title": "Johnson-O'Malley Supplemental Indian Education Program Modernization Act"} | 3,332 | 225 | 0.665982 | 1.866809 | 0.849826 | 2.133971 | 14.564593 | 0.861244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve
Comprehensive Health Benefits Act of 2003''.
SEC. 2. TRICARE COVERAGE FOR MEMBERS OF THE READY RESERVE.
(a) Eligibility.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076a the following new section:
``Sec. 1076b. TRICARE program: coverage for members of the Ready
Reserve
``(a) Eligibility.--Members of the Selected Reserve of the Ready
Reserve and members of the Individual Ready Reserve described in
subsection 10144(b) of this title are eligible, subject to subsection
(h)(1), to enroll in the following TRICARE program options:
``(1) TRICARE Prime.
``(2) TRICARE Standard.
``(b) Types of Coverage.--(1) A member eligible under subsection
(a) may enroll for either of the following types of coverage:
``(A) Self alone coverage.
``(B) Self and family coverage.
``(2) An enrollment by a member for self and family covers the
member and the dependents of the member who are described in
subparagraph (A), (D), or (I) of section 1072(2) of this title.
``(c) Open Enrollment Periods.--The Secretary of Defense shall
provide for at least one open enrollment period each year. During an
open enrollment period, a member eligible under subsection (a) may
enroll in the TRICARE program or change or terminate an enrollment in
the TRICARE program.
``(d) Scope of Care.--(1) A member and the dependents of a member
enrolled in the TRICARE program under this section shall be entitled to
the same benefits under this chapter as a member of the uniformed
services on active duty or a dependent of such a member, respectively.
``(2) Section 1074(c) of this title shall apply with respect to a
member enrolled in the TRICARE program under this section.
``(e) Premiums.--(1) The Secretary of Defense shall charge premiums
for coverage pursuant to enrollments under this section. The Secretary
shall prescribe for each of the TRICARE program options referred to in
subsection (a) a premium for self alone coverage and a premium for self
and family coverage.
``(2) The monthly amount of the premium in effect for a month for a
type of coverage under this section shall be the amount equal to 28
percent of the total amount determined by the Secretary on an
appropriate actuarial basis as being reasonable for the coverage.
``(3) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under
section 204 of title 37 or from compensation payable to the member
under section 206 of such title. The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums by
members not entitled to such basic pay or compensation.
``(4) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care pursuant to
an enrollment in a TRICARE program option under this section, including
a member who receives such health care, shall be subject to the same
deductibles, copayments, and other nonpremium charges for health care
as apply under this chapter for health care provided under the same
TRICARE program option to dependents described in subparagraph (A),
(D), or (I) of section 1072(2) of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in the
TRICARE program under this section may terminate the enrollment only
during an open enrollment period provided under subsection (c), except
as provided in subsection (h)(2).
``(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the first
month beginning after the date on which the member ceases to be
eligible under subsection (a).
``(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged the
member under this section.
``(h) Relationship to Transition TRICARE Coverage Upon Separation
From Active Duty.--(1) A member may not enroll in the TRICARE program
under this section while entitled to transitional health care under
subsection (a) of section 1145 of this title or while authorized to
receive health care under subsection (c) of such section.
``(2) A member who enrolls in the TRICARE program under this
section within 90 days after the date of the termination of the
member's entitlement or eligibility to receive health care under
subsection (a) or (c) of section 1145 of this title may terminate the
enrollment at any time within one year after the date of the
enrollment.
``(i) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076a the
following new item:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
(b) Definitions.--(1) Section 1072 of title 10, United States Code,
is amended by adding at the end the following new paragraphs:
``(10) The term `TRICARE Prime' means the managed care
option of the TRICARE program.
``(11) The term `TRICARE Standard' means the option of the
TRICARE program that is also known as the Civilian Health and
Medical Program of the Uniformed Services''.
(2) Section 1097a(f) of such title is amended by striking
``Definitions.--In this section:'' and all that follows through ``(2)
The term'' and inserting ``Catchment Area Defined.--In this section,
the term''.
(c) Period for Implementation.--Section 1076b of title 10, United
States Code (as added by subsection (a)), shall apply with respect to
months that begin on or after the date that is 180 days after the date
of the enactment of this Act.
SEC. 3. ALLOWANCE FOR CONTINUATION OF NON-TRICARE HEALTH BENEFITS
COVERAGE FOR CERTAIN MOBILIZED RESERVES.
(a) Payment of Premiums.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1078a the following new
section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for certain Reserves called or ordered to active duty and
their dependents
``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for an eligible reserve component member for the benefits
coverage continuation period if timely elected by the member in
accordance with regulations prescribed under subsection (j).
``(b) Eligible Member.--A member of a reserve component is eligible
for payment of the applicable premium for continuation of qualified
health benefits plan coverage under subsection (a) while serving on
active duty pursuant to a call or order issued under a provision of law
referred to in section 101(a)(13)(B) of this title during a war or
national emergency declared by the President or Congress.
``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for a member called or
ordered to active duty is qualified health benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the member that issuance of the call or
order was pending or, if no such notification was provided, the
date of the call or order;
``(2) on such date, the coverage applied to the member and
dependents of the member described in subparagraph (A), (D), or
(I) of section 1072(2) of this title; and
``(3) the coverage has not lapsed.
``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage in the
case of a member is the amount of the premium payable by the member for
the coverage of the member and dependents.
``(e) Maximum Amount.--The total amount that may be paid for the
applicable premium of a health benefits plan for a member under this
section in a fiscal year may not exceed the amount determined by
multiplying--
``(1) the sum of one plus the number of the member's
dependents covered by the health benefits plan, by
``(2) the per capita cost of providing TRICARE coverage and
benefits for dependents under this chapter for such fiscal
year, as determined by the Secretary of Defense.
``(f) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage in the case of a member called or ordered to active duty
is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of the date on which--
``(A) the member's eligibility for transitional
health care under section 1145(a) of this title
terminates under paragraph (3) of such section; or
``(B) the member elects to terminate the continued
qualified health benefits plan coverage of the
dependents of the member.
``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for a member under this section shall be
deemed to be equal to the benefits coverage continuation period
for such member under this section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(h) Nonduplication of Benefits.--A dependent of a member who is
eligible for benefits under qualified health benefits plan coverage
paid on behalf of a member by the Secretary concerned under this
section is not eligible for benefits under the TRICARE program during a
period of the coverage for which so paid.
``(i) Revocability of Election.--A member who makes an election
under subsection (a) may revoke the election. Upon such a revocation,
the member's dependents shall become eligible for benefits under the
TRICARE program as provided for under this chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1078a the
following new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to
active duty and their dependents.''.
(b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department on or after the date of the
enactment of this Act. | National Guard and Reserve Comprehensive Health Benefits Act of 2003 - Makes members of the Selected Reserve and the Individual Ready Reserve eligible for either the Prime or Standard option of the TRICARE Program (a Department of Defense managed health care program), allowing for either self-coverage or self-and-family coverage. Requires the Secretary of Defense to: (1) provide at least one open enrollment period each year for such members; and (2) charge applicable premiums, deductibles, and copayments for such coverage.Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide limited TRICARE program eligibility for members of the Ready Reserve of the Armed Forces, to provide financial support for continuation of health insurance for mobilized members of reserve components of the Armed Forces, and for other purposes."} | 2,644 | 208 | 0.635229 | 1.62255 | 0.932772 | 3.458564 | 13.342541 | 0.950276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Independent Living Act of
2009''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) There are approximately 2,200,000 wheelchair users in
the United States according to the United States Census Bureau
of 2001.
(2) A significant portion of these wheelchair users qualify
for coverage under the Medicare program, either based on
disability status or age.
(3) Many of these Medicare beneficiaries live independently
in their own homes, alone or with other family members.
(4) The ability of an individual with a mobility impairment
to move about one's physical environment through the use of a
wheelchair or other mobility device permits the performance of
activities of daily living, including caring for oneself,
living independently, performing household duties, caring for
family members, engaging in employment, attending school,
visiting medical facilities, participating in recreational and
community activities, attending religious services, and
performing civic duties.
(5) For an individual with an expected long-term mobility
impairment (such as a disabling condition that is expected to
significantly limit mobility for twelve months or more), the
need to have access to one's physical environment through the
use of an appropriate wheelchair or other mobility device, both
inside and outside of the home, is critical to living
independently, functioning in society, and attaining a
meaningful quality of life.
(6) In 1965, when the Medicare program was first enacted,
Congress recognized the importance of providing assistance to
individuals with mobility disabilities by expressly identifying
wheelchairs as a covered durable medical equipment benefit
under part B of the program when provided for use in the
patient's home. This language is widely believed to have been
drafted to establish a separate payment under part B for
wheelchairs provided outside of an institution (such as a
hospital) which would otherwise be paid under part A of the
program.
(7) The Centers for Medicare & Medicaid Services (CMS), the
agency that administers the Medicare program, currently
interprets a provision in the Medicare statute--known as the
``in the home requirement''--to prohibit coverage of
wheelchairs and other mobility devices if these devices are not
medically necessary for use in the beneficiary's home, denying
access to appropriate mobility devices for a significant number
of Medicare beneficiaries.
(8) The current CMS interpretation of the in the home
requirement is inconsistent with Federal law in the following
respects:
(A) In enacting the Americans with Disabilities Act
of 1990 (Public Law 101-336), Congress found that ``The
Nation's proper goals regarding individuals with
disabilities are to assure equality of opportunity,
full participation, independent living, and economic
selfsufficiency for such individuals.''.
(B) The Rehabilitation Act of 1973 (Public Law 93-
112) requires that Federal programs not discriminate
against individuals with disabilities, including
individuals with mobility impairments. However, under
the current CMS interpretation of the in the home
requirement, Medicare beneficiaries with long-term
mobility impairments cannot gain access to mobility
devices that facilitate their movement throughout the
community even when a particular device has been
determined to be medically necessary for this purpose.
The result of denying such access to appropriate
mobility devices is the unnecessary isolation of the
Medicare beneficiary, which is inconsistent with the
letter and spirit of the Rehabilitation Act of 1973 and
its regulations.
(C) The United States Supreme Court ruled in the
Olmstead decision (Olmstead v. L.C. ex. rel. Zimring,
527 U.S. 581 (1999)) that an individual with a
disability has the right to live in the most integrated
setting appropriate to meet the individual's needs. If
Medicare coverage policy does not take into
consideration the needs of individuals with mobility
impairments to function outside the four walls of their
homes, the right to live in the most integrated setting
is denied.
(9) In 1965, and throughout the history of the Medicare
program, Congress has expected covered services to be provided
in accordance with current standards of medical practice and
professional clinical judgment as well as in accordance with
Federal law.
(b) Purposes.--The purposes of this Act are as follows:
(1) To bring CMS's coverage criteria for wheelchairs and
other mobility devices in line with contemporary standards of
medical practice and Federal law by correcting CMS's
restrictive interpretation of the in the home requirement
language in the Medicare statute.
(2) To ensure that beneficiaries with expected long-term
mobility needs are not confined to the four walls of their
homes by wheelchairs and other mobility devices that are
inadequate to meet their needs both inside and outside of the
home.
(3) To clarify that wheelchairs and other mobility devices
for beneficiaries with expected long-term mobility impairments
are covered under the Medicare program if they are used in
customary settings for the purpose of normal domestic,
vocational, or community activities.
SEC. 3. ELIMINATION OF IN THE HOME RESTRICTION FOR MEDICARE COVERAGE OF
MOBILITY DEVICES FOR INDIVIDUALS WITH EXPECTED LONG-TERM
NEEDS.
(a) In General.--Section 1861(n) of the Social Security Act (42
U.S.C. 1395x(n)) is amended by inserting ``or, in the case of a
mobility device required by an individual with expected long-term need,
used in customary settings for the purpose of normal domestic,
vocational, or community activities'' after ``1819(a)(1))''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items furnished on or after the date of enactment of this Act. | Medicare Independent Living Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the in-the-home restriction for Medicare coverage of mobility devices for individuals with expected long-term needs. Deems such devices to be durable medical equipment (DME) if they are used in customary settings for the purpose of normal domestic, vocational, or community activities. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to eliminate the in the home restriction for Medicare coverage of mobility devices for individuals with expected long-term needs."} | 1,212 | 87 | 0.536131 | 1.397739 | 0.569863 | 4.849315 | 15.917808 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pinnacles National Park Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Pinnacles National Monument was established by Presidential
Proclamation 796 on January 16, 1908, for the purposes of
protecting its rock formations, and expanded by Presidential
Proclamation 1660 of May 7, 1923; Presidential Proclamation 1704 of
July 2, 1924; Presidential Proclamation 1948 of April 13, 1931;
Presidential Proclamation 2050 of July 11, 1933; Presidential
Proclamation 2528 of December 5, 1941; Public Law 94-567; and
Presidential Proclamation 7266 of January 11, 2000.
(2) While the extraordinary geology of Pinnacles National
Monument has attracted and enthralled visitors for well over a
century, the expanded Monument now serves a critical role in
protecting other important natural and cultural resources and
ecological processes. This expanded role merits recognition through
legislation.
(3) Pinnacles National Monument provides the best remaining
refuge for floral and fauna species representative of the central
California coast and Pacific coast range, including 32 species
holding special Federal or State status, not only because of its
multiple ecological niches but also because of its long-term
protected status with 14,500 acres of Congressionally designated
wilderness.
(4) Pinnacles National Monument encompasses a unique blend of
California heritage from prehistoric and historic Native Americans
to the arrival of the Spanish, followed by 18th and 19th century
settlers, including miners, cowboys, vaqueros, ranchers, farmers,
and homesteaders.
(5) Pinnacles National Monument is the only National Park
System site within the ancestral home range of the California
Condor. The reintroduction of the condor to its traditional range
in California is important to the survival of the species, and as a
result, the scientific community with centers at the Los Angeles
Zoo and San Diego Zoo in California and Buenos Aires Zoo in
Argentina looks to Pinnacles National Monument as a leader in
California Condor recovery, and as an international partner for
condor recovery in South America.
(6) The preservation, enhancement, economic and tourism
potential and management of the central California coast and
Pacific coast range's important natural and cultural resources
requires cooperation and partnerships among local property owners,
Federal, State, and local government entities and the private
sector.
SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK.
(a) Establishment and Purpose.--There is hereby established
Pinnacles National Park in the State of California for the purposes
of--
(1) preserving and interpreting for the benefit of future
generations the chaparral, grasslands, blue oak woodlands, and
majestic valley oak savanna ecosystems of the area, the area's
geomorphology, riparian watersheds, unique flora and fauna, and the
ancestral and cultural history of native Americans, settlers and
explorers; and
(2) interpreting the recovery program for the California Condor
and the international significance of the program.
(b) Boundaries.--The boundaries of Pinnacles National Park are as
generally depicted on the map entitled ``Proposed: Pinnacles National
Park Designation Change'', numbered 114/111,724, and dated December
2011. The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(c) Abolishment of Current Pinnacles National Monument.--
(1) In general.--In light of the establishment of Pinnacles
National Park, Pinnacles National Monument is hereby abolished and
the lands and interests therein are incorporated within and made
part of Pinnacles National Park. Any funds available for purposes
of the monument shall be available for purposes of the park.
(2) References.--Any references in law (other than in this
Act), regulation, document, record, map or other paper of the
United States to Pinnacles National Monument shall be considered a
reference to Pinnacles National Park.
(d) Administration.--The Secretary of the Interior shall administer
Pinnacles National Park in accordance with this Act and laws generally
applicable to units of the National Park System, including the National
Park Service Organic Act (16 U.S.C. 1, 2-4).
SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS.
Subsection (i) of the first section of Public Law 94-567 (90 Stat.
2693; 16 U.S.C. 1132 note) is amended by striking ``Pinnacles
Wilderness'' and inserting ``Hain Wilderness''. Any reference in a law,
map, regulation, document, paper, or other record of the United States
to the Pinnacles Wilderness shall be deemed to be a reference to the
Hain Wilderness.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the park's area, the areas's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers, and explorers; and (2) interpret the recovery program for the California Condor and the international significance of that program.
Abolishes Pinnacles National Monument and includes the lands and interests therein in Pinnacles National Park.
Redesignates the Pinnacles Wilderness as the Hain Wilderness. | {"src": "billsum_train", "title": "To establish Pinnacles National Park in the State of California as a unit of the National Park System, and for other purposes."} | 1,088 | 166 | 0.587157 | 1.948739 | 0.625592 | 5.38843 | 7.818182 | 0.909091 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) John Walsh, host of Fox Television's ``America's Most
Wanted'' television program, has dedicated his life to the
pursuit and apprehension of felons and fugitives who have
committed murder, rape, robbery, kidnapping, pedophilia, and
other atrocious crimes against the citizens of the United
States;
(2) in doing so, John Walsh has sacrificed his own personal
safety and freedom for the good of all Americans;
(3) on July 27, 1981, Adam Walsh, the 6-year-old son of
John Walsh, was abducted and brutally murdered;
(4) John Walsh and his family have never obtained closure
for this heinous crime, because no person was ever charged with
the crime and the prime suspect ultimately died in prison;
(5) after the death of his son, John Walsh became a
tireless advocate for victims' rights;
(6) John Walsh has testified more than 35 times before the
Congress in support of legislation, and his efforts led to the
passage in 1982 of the Missing Children Act and in 1984 of the
Missing Children's Assistance Act, which established the
National Center for Missing and Exploited Children;
(7) John Walsh has also lobbied for a constitutional
amendment that would secure victims' rights;
(8) John Walsh, not ceasing his dedication to the safety
and welfare of children with the enactment of new protective
statutes, established a public information television program,
``America's Most Wanted'', to expose the criminal activity of
various fugitives throughout the United States and abroad;
(9) four days after the debut of the program, on February
11, 1988, the Federal Bureau of Investigation announced the
capture in New York City of one of its 10 Most Wanted
fugitives, David James Roberts, as a direct result of tips from
viewers of the program;
(10) on May 29, 1988, FBI Director William Sessions
appeared on ``America's Most Wanted'' to announce the addition
of three new fugitives to the FBI's 10 Most Wanted list, one of
whom was captured within 24 hours after the announcement;
(11) on July 17, 1988, Robert Wayne Fisher, a fugitive
wanted for the murder of his wife, was captured just 33 minutes
after John Walsh profiled him on ``America's Most Wanted'';
(12) on May 7, 1989, John Walsh facilitated the capture of
a New Jersey mass murderer who had been at large for nearly 18
years;
(13) John Walsh profiled 1,455 fugitives from justice on
``America's Most Wanted'' as of December 3, 1998, 914 of whom
have been captured, including 538 who were captured as a direct
result of being profiled;
(14) on May 10, 1990, John Walsh and ``America's Most
Wanted'' for the first time helped recover a missing child,
Nicole Ravesi, and aided in the arrest of her abductor, Kenneth
Cole;
(15) in all, John Walsh has profiled 348 cases involving
missing or kidnapped persons, 150 of whom have been reunited
with their families;
(16) John Walsh has profiled 100 criminal suspects whose
identities were unknown to law enforcement officials, and 24 of
the suspects have been identified as a result of being
profiled;
(17) at the request of law enforcement officials, John
Walsh has also profiled 17 unidentified victims of foul play,
and eight of the victims have been identified as a result of
being profiled;
(18) the outstanding contributions of John Walsh to crime
victims and the law enforcement community have come at no cost
to the taxpayers of the United States; and
(19) John Walsh, through ``America's Most Wanted'' and
through other endeavors, continues to serve law enforcement
officials and crime victims through his unfailing dedication to
pursuing and capturing dangerous fugitives, protecting the
safety of children, and bringing closure to victims of crime in
the United States.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to John Walsh in recognition of his outstanding and enduring
contributions to American society in the fields of law enforcement and
victims' rights.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) Authorization of Appropriation.--Effective February 1, 1999,
there are authorized to be appropriated $30,000 to carry out this
section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck under section 2
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Authorizes the President, on behalf of Congress, to present a congressional gold medal to John Walsh in recognition of his outstanding and enduring contributions to American society in the fields of law enforcement and victims' rights. Authorizes appropriations.
Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. | {"src": "billsum_train", "title": "To authorize the President to award a gold medal on behalf of the Congress to John Walsh in recognition of his outstanding and enduring contributions to American society in the fields of law enforcement and victims' rights."} | 1,209 | 68 | 0.419909 | 1.221011 | -0.306416 | 5.293103 | 19.206897 | 0.913793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistic Imaging Evaluation and
Study Act of 2001''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of ballistic imaging
technology and evaluate design parameters for packing and
shipping of fired cartridge cases and projectiles.
(2) To determine the effectiveness of the National
Integrated Ballistic Information Network (NIBIN) as a tool in
investigating crimes committed with handguns and rifles.
(3) To establish the cost and overall effectiveness of
State-mandated ballistic imaging systems and the sharing and
retention of the data collected by the systems.
SEC. 3. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Attorney General shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences, which shall have sole responsibility for conducting under
the arrangement a study to determine the following:
(1) The design parameters for an effective and uniform
system for packing fired cartridge cases and projectiles, and
for collecting information that will accompany a fired
cartridge case and projectile and be entered into a ballistic
imaging system.
(2) The most effective method for projectile recovery that
can be used to collect fired projectiles for entry into a
ballistic imaging system and the cost of such recovery
equipment.
(3) Which countries are employing ballistic imaging systems
and the results of the systems as a tool in investigating
crimes committed with handguns and rifles.
(4) The comprehensive cost, to date, for Federal, State,
and local jurisdictions that have implemented a ballistic
imaging system to include startup, operating costs, and outlays
for personnel and administration.
(5) The estimated yearly cost for administering a ballistic
imaging system, the storage of cartridge cases and projectiles
on a nationwide basis, and the costs to industry and consumers
of doing so.
(6) How many revolvers, manually operated handguns,
semiautomatic handguns, manually operated rifles, and
semiautomatic rifles are sold in the United States each year,
the percentage of crimes committed with revolvers, other
manually operated handguns, and manually operated rifles as
compared with semiautomatic handguns and semiautomatic rifles,
and the percentage of each currently on record in the NIBIN
system.
(7) Whether in countries where ballistic identification has
been implemented, a shift has occurred in the number of
semiautomatic handguns and semiautomatic rifles, compared with
revolvers, other manually operated handguns, and manually
operated rifles that are used to commit a crime.
(8) A comprehensive list of environmental and
nonenvironmental factors, including modifications to a firearm,
that can substantially alter or change the identifying marks on
a cartridge case and projectile so as to preclude a
scientifically reliable comparison between specimens and the
stored image from the same firearm being admissible as evidence
in a court of law.
(9) The technical improvements in database management that
will be necessary to keep pace with system growth and the
estimated cost of the improvements.
(10) What redundant or duplicate systems exist, or have
existed, the ability of the various systems to share
information, and the cost and time it will take to integrate
operating systems.
(11) Legal issues that need to be addressed at the Federal
and State levels to codify the type of information that would
be captured and stored as part of a national ballistic
identification program and the sharing of the information
between State systems and NIBIN.
(12) What storage and retrieval procedures guarantee the
integrity of cartridge cases and projectiles for indefinite
periods of time and insure proper chain of custody and
admissibility of ballistic evidence or images in a court of
law.
(13) The time, cost, and resources necessary to enter
images of fired cartridge cases and fired projectiles into a
ballistic imaging identification system of all new handguns and
rifles sold in the United States and those possessed lawfully
by firearms owners.
(14) Whether an effective procedure is available to collect
fired cartridge cases and projectiles from privately owned
handguns and rifles.
(15) Whether the cost of ballistic imaging technology is
worth the investigative benefit to law enforcement officers.
(16) Whether State-based ballistic imaging systems, or a
combination of State and Federal ballistic imaging systems that
record and store cartridge cases and projectiles can be used to
create a centralized list of firearms owners.
(17) The cost-effectiveness of using a Federal, NIBIN-based
approach to using ballistic imaging technology as opposed to
State-based initiatives.
SEC. 4. CONSULTATION.
In carrying out this Act, the National Research Council of the
National Academy of Sciences shall consult with--
(1) Federal, State, and local officials with expertise in
budgeting, administering, and using a ballistic imaging system,
including the Bureau of Alcohol, Tobacco and Firearms, the
Federal Bureau of Investigation, and the Bureau of Forensic
Services at the California Department of Justice;
(2) law enforcement officials who use ballistic imaging
systems;
(3) entities affected by the actual and proposed uses of
ballistic imaging technology, including manufacturers,
distributors, importers, and retailers of firearms and
ammunition, firearms purchasers and owners and their organized
representatives, the Sporting Arms and Ammunition
Manufacturers' Institute, Inc., and the National Shooting
Sports Foundation, Inc.;
(4) experts in ballistics imaging and related fields, such
as the Association of Firearm and Tool Mark Examiners,
projectile recovery system manufacturers, and ballistic imaging
device manufacturers;
(5) foreign officials administering ballistic imaging
systems and foreign experts; and
(6) individuals or organizations with significant expertise
in the field of ballistic imaging technology, as the Attorney
General deems necessary.
SEC. 5. REPORT.
Not later than 30 days after the National Research Council of the
National Academy of Sciences completes the study conducted under
section 3, the National Research Council shall submit to the Attorney
General a report on the results of the study, and the Attorney General
shall submit to the Congress a report, which shall be made public, that
contains--
(1) the results of the study; and
(2) recommendations for legislation, if applicable.
SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC IMAGING
TECHNOLOGY.
(a) In General.--Notwithstanding any other provision of law, a
State shall not use Federal funds for ballistic imaging technology
until the report referred to in section 5 is completed and transmitted
to the Congress.
(b) Waiver Authority.--On request of a State, the Secretary of the
Treasury may waive the application of subsection (a) to a use of
Federal funds upon a showing that the use would be in the national
interest.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``ballistic imaging technology'' means
software and hardware that records electronically, stores,
retrieves, and compares the marks or impressions on the
cartridge case and projectile of a round of ammunition fired
from a handgun or rifle.
(2) The term ``handgun'' has the meaning given the term in
section 921(a)(29) of title 18, United States Code.
(3) The term ``rifle'' has the meaning given the term in
section 921(a)(7) of title 18, United States Code.
(4) The term ``cartridge case'' means the part of a fully
assembled ammunition cartridge that contains the propellant and
primer for firing.
(5) The terms ``manually operated handgun'' and ``manually
operated rifle'' mean any handgun or rifle, as the case may be,
in which all loading, unloading, and reloading of the firing
chamber is accomplished through manipulation by the user.
(6) The term ``semiautomatic handgun'' means any repeating
handgun which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, which requires a pull of the trigger to fire each
cartridge.
(7) The term ``semiautomatic rifle'' has the meaning given
the term in section 921(a)(28) of title 18, United States Code.
(8) The term ``projectile'' means that part of ammunition
that is, by means of an explosive, expelled through the barrel
of a handgun or rifle. | Ballistic Imaging Evaluation and Study Act of 2001 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study the effectiveness of ballistic imaging technology. Prohibits a State from using Federal funds for ballistic imaging technology until the NRC report is transmitted to Congress. Authorizes the Secretary of the Treasury, at a State's request, to waive such prohibition upon a showing that the use would be in the national interest. | {"src": "billsum_train", "title": "To conduct a study on the effectiveness of ballistic imaging technology and evaluate its effectiveness as a law enforcement tool."} | 1,839 | 108 | 0.441396 | 1.23411 | 0.139529 | 3.67033 | 18.956044 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Global Health
Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research and development is a critical component of
United States leadership in global health.
(2) Research and innovation can help to break the cycle of
aid dependency by providing sustainable solutions to long-term
problems.
(3) Research and development for global health is crucial
for meeting new and emerging challenges, creating efficiencies,
strengthening health systems, shifting tasks, strengthening
workforces, and increasing access to health services for the
most vulnerable people.
(4) Advances in health and medical technologies have been
the major drivers behind massive improvements in health
worldwide during the past century, resulting in an average
increase in life expectancy of 21 years in low- and middle-
income countries between 1960 and 2002.
(5) New health technologies have a high return on
investment. For example, a new meningitis A vaccine developed
in collaboration with the United States Agency for
International Development (referred to in this section as
``USAID''), the Centers for Disease Control and Prevention, the
National Institutes of Health, and the Food and Drug
Administration, will save an estimated $570,000,000 in costs
that would otherwise be incurred for emergency vaccination
campaigns during the next decade, freeing much needed resources
for use elsewhere in overstretched health systems.
(6) USAID, the Centers for Disease Control and Prevention,
the National Institutes of Health, the Food and Drug
Administration, and the Department of Defense provide
significant contributions each year to global health research
and development. The United States Government is supporting the
development of 200 of the 365 products in the global pipeline
of products for neglected and poverty-related diseases.
(7) This commitment from the United States Government has
led to a remarkable increase in global health products. Forty-
five new health tools were registered between 2000 and 2010,
and the United States Government was involved in 24 of these
new global health products in the last decade, including--
(A) 6 drugs for malaria;
(B) 2 vaccines for pneumonia;
(C) 6 diagnostics for tuberculosis; and
(D) 2 drugs for leishmaniasis.
(8) Although investments from the United States Government
have enabled tremendous progress in the introduction of new
technologies for global health, gaps still exist in bringing
certain technologies through the development process and
rapidly scaling them up in the field.
(9) Better coordination is needed between Federal
agencies--
(A) to align research strategies;
(B) to identify and address gaps in product
development activity; and
(C) to move products efficiently along the
research-to-introduction continuum.
(10) Infectious diseases disproportionately impact
populations in low-income nations across Latin America, sub-
Saharan Africa, and Asia. Poor and vulnerable communities in
the United States are also at risk for contracting diseases
usually considered to be diseases of the developing world. For
example, cases of Chagas disease, which is found throughout
Latin America, and dengue fever, endemic to Mexico and Central
America, have been detected in communities with high poverty
rates in States along the United States border with Mexico.
(11) In collaboration with the World Health Organization
and its member states, the United States is a leading
participant in discussions to improve coordination and
financing of global health research and development. This
process will establish mechanisms to map research needs,
identify resource gaps, and set priorities to ensure that the
most crucial global health products are developed and delivered
for maximum global health impact.
(12) Because of its presence in the field, USAID is
uniquely placed--
(A) to assess local health conditions;
(B) to partner with public and private stakeholders
to ensure the development and timely introduction and
scale-up of tools that are culturally acceptable;
(C) to address serious and all-too-common health
problems; and
(D) to contribute to the strengthening of health
systems.
(13) In a recent report to Congress, USAID asserts that--
(A) health research is ``integral'' to its
``ability to achieve its health and development
objectives worldwide''; and
(B) innovation through research allows the agency
``to develop and introduce affordable health products
and practices and contribute to policies appropriate
for addressing health-related concerns in the
developing world''.
(14)(A) In ``Report to Congress: Health-Related Research
and Development Activities at USAID (HRRD), May 2011'', USAID
analyzed its activities from 2006 through 2010 and set forth a
5-year health research strategy for the next 5 years.
(B) The new strategy is--
(i) an important source of information on USAID's
programs for global health product development; and
(ii) an effective tool for measuring expected
results from 2011 through 2015.
(C) The strategy does not articulate USAID's investments
and programming for research and development in several
critical areas, including--
(i) new tools to diagnose, prevent, and treat
neglected tropical diseases;
(ii) research addressing the leading causes of
death and illness of women, newborns, and children; and
(iii) new tuberculosis vaccines.
(15) USAID has established a variety of instruments to
promote innovation and global health, such as--
(A) Grand Challenges for Development;
(B) the Innovation Fund for the Americas;
(C) Higher Education Solutions Network (HESN);
(D) university Development Labs; and
(E) Research and Innovation Fellowships.
(16) Research and development at USAID--
(A) facilitates public-private collaboration in the
development of global health technologies;
(B) leverages public and private sector support for
early stage research and development of health
technologies to encourage private sector investment in
late-stage technology development and product
introduction in developing countries;
(C) benefits the United States economy by investing
in the growing United States global health technology
sector, which--
(i) provides skilled jobs for American
workers (64 cents of every United States dollar
invested in global health research benefits
United States-based researchers);
(ii) creates opportunities for United
States businesses in the development and
production of new technologies; and
(iii) enhances United States
competitiveness in the increasingly
technological and knowledge-based global
economy; and
(D) enhances United States national security by--
(i) reducing the risk of pandemic disease;
and
(ii) contributing to economic development
and stability in developing countries.
(17) The United States should invest in affordable,
appropriate health technologies, including--
(A) medical devices for maternal, newborn, and
child care;
(B) new vaccines;
(C) new vaccine technologies and delivery tools;
(D) safe injection devices;
(E) diagnostic tests for infectious diseases;
(F) new tools for water, sanitation, and nutrition;
(G) multipurpose prevention technologies;
(H) information systems and mobile health and
information systems; and
(I) innovative disease prevention strategies.
(18) United States investments in the health technologies
set forth in paragraph (17) would--
(A) reduce the risk of disease transmission;
(B) accelerate access to life-saving global health
interventions for the world's poor;
(C) reduce the burden on local health systems; and
(D) result in significant cost savings for
development assistance funds.
(19) In circumstances where markets fail, public-private
partnerships are an effective way to develop, introduce and
scale up new health technologies.
(20)(A) Product development partnerships (referred to in
this paragraph as ``PDPs'') are a model of public-private
partnership that is successfully accelerating research to
benefit the developing world.
(B) PDPs are non-profit, nongovernmental entities that work
to accelerate the development of new tools to fight diseases in
resource-poor settings.
(C) PDPs typically manage resources and partnerships from
across public, private, and philanthropic sectors to drive the
development of a full pipeline of potential new products that
could save and improve lives in the developing world.
(D) USAID has played a significant role in advancing the
PDP model through its financial support.
(E) Between 2004 and 2013, the achievements of PDPs have
become increasingly successful at advancing new products
through the development pipeline towards registration, product
introduction, and use.
(21) USAID supports research and introduction activities
along a research-to-use continuum including--
(A) evidence reviews and health assessments in
developing countries; and
(B) the development, testing, adaptation, and
introduction of appropriate products and interventions
within the context of strengthening health systems.
(22)(A) A Center for Accelerating Innovation and Impact
(referred to in this paragraph as the ``Center'') has been
established at USAID to address technical, supply, and policy
barriers in the development, introduction, and scale-up of new
products and technologies for global health.
(B) For diseases and conditions in which market forces have
proven insufficient to generate and rapidly deliver new
technologies, the Center promotes and reinforces solutions to
overcome obstacles such as regulatory inefficiencies in
developing countries, limited user demand, gaps in market data
and supply chain hurdles.
(C) The Center also catalyzes partnerships with the public
and private sectors to develop and rapidly deploy new products.
(23) Since 1982, USAID has carried out a program to support
the development of health technologies through which USAID--
(A) has maximized the limited resources available
for global health;
(B) has ensured that products and medicines
developed for use in low-resource settings have reached
the people that need such products and medicines;
(C) has invented, designed, developed, or co-
developed 85 health technologies; and
(D) has collaborated with more than 100 private-
sector organizations, which have matched the funds
received from USAID by a 2:1 ratio.
(24) The research and development activities of USAID are
complementary to the work of other Federal agencies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to acknowledge the role of the United States Agency for
International Development (referred to in this section as
``USAID'') in product development, introduction, and scale-up
of new global health tools; and
(2) to establish the Technologies for Health Program within
USAID to support the development of technologies for global
health that will--
(A) improve global health;
(B) reduce maternal, newborn, and child mortality
rates;
(C) improve health and nutrition;
(D) reverse the incidence of HIV/AIDS, malaria,
tuberculosis, and other infectious diseases;
(E) reduce the burden of chronic diseases;
(F) overcome technical, supply, and policy hurdles
to product introduction and scale-up; and
(G) support research and development that is
consistent with a global development strategy and other
related strategies developed by USAID.
SEC. 4. ESTABLISHMENT OF HEALTH TECHNOLOGIES PROGRAM.
(a) In General.--Section 107 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151e) is amended by adding at the end the following:
``(c) Technologies for Health.--
``(1) Establishment.--There is established, within the
Health and Infectious Diseases and Nutrition Section of the
Global Health Bureau of the United States Agency for
International Development (referred to in this subsection as
`USAID'), the Technologies for Health Program (referred to in
this subsection as the `Program').
``(2) Functions.--The Program shall develop, advance, and
introduce affordable, available, and appropriate and primarily
late-stage technologies specifically designed--
``(A) to improve the health and nutrition of
populations in developing countries;
``(B) to reduce maternal, newborn, and child
mortality in such countries; and
``(C) to improve the diagnosis, prevention, and
reduction of disease, especially HIV/AIDS, malaria,
tuberculosis, and other infectious diseases, in such
countries.
``(3) Agreement.--The Program shall be carried out under a
cooperative agreement between USAID and 1 or more institutions
with a successful record of--
``(A) advancing the technologies described in
paragraph (2); and
``(B) integrating practical field experience into
the research and development process in order to
introduce the most appropriate technologies.
``(d) Action Plans.--The Administrator of USAID shall--
``(1) establish and implement action plans to incorporate
global health research and product development within each of
the global health and development programs, with support from
coordinating agencies;
``(2) establish metrics to measure progress in implementing
the action plans; and
``(3) consider all options in implementing the action
plans, including the use of public-private partnerships.
``(e) Priority Global Health Interventions.--The Center for
Accelerating Innovation and Impact of USAID shall continue its work to
speed the development, introduction, and scale-up of priority global
health interventions.''.
(b) Savings Provision.--Section 107(c) of the Foreign Assistance
Act of 1961, as added by subsection (a)--
(1) authorizes the United States Agency for International
Development (referred to in this subsection and section 5 as
``USAID'') to continue the health technologies research and
development activities carried out by USAID before the date of
the enactment of this Act; and
(2) does not establish a new program for such purposes.
SEC. 5. ANNUAL REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following 4
years, the Administrator of the United States Agency for International
Development, after consultation with the Centers for Disease Control
and Prevention, the Department of Defense, the Food and Drug
Administration, and the National Institutes of Health, shall submit a
separate report to Congress on the research and development activities
carried out by USAID.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include--
(1) updates on the implementation of USAID's strategy for
using research funds to stimulate the development and
introduction of products in each of its global health and
development programs;
(2) a description of USAID's collaborations and
coordination with other Federal departments and agencies in
support of translational and applied global health research and
development;
(3) a description of USAID's collaborations and
coordination with partner governments, bilateral and
multilateral donors, and other relevant governmental entities
in support of translational and applied global health research
and development;
(4) a description of USAID investments in science,
technology, and innovation;
(5) an explanation of how technologies and research
products developed by USAID complement work being done by other
Federal departments and agencies; and
(6) a list of technologies and research products that have
been introduced into field trials or use.
(c) Consultation.--The Administrator of USAID shall annually
consult with the heads of other Federal departments and agencies to
improve alignment of USAID's health-related research strategy with
other similar agency strategies, with the intent of working towards a
whole-of-government strategy for global health research and
development. | 21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish within the Health and Infectious Diseases and Nutrition Section of the Global Health Bureau of the U.S. Agency for International Development (USAID) a program to develop technologies designed to: (1) improve the health and nutrition of populations in developing countries; (2) reduce maternal, newborn, and child mortality in such countries; and (3) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases in such countries. States that such program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing the technologies described in this Act and integrating practical field experience into the research and development process. States that USAID's Center for Accelerating Innovation and Impact shall continue its work to speed the development, introduction, and scale-up of priority global health interventions. Directs USAID to report annually to Congress for four years on USAID research and development activities. | {"src": "billsum_train", "title": "21st Century Global Health Technology Act"} | 3,254 | 225 | 0.488991 | 1.550918 | 0.727616 | 5.212871 | 16.034653 | 0.965347 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)''
and
(ii) by adding at the end the following:
``or
``(bb) a workplace claim described in
clause (iv) resulted from a labor or employment
violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien--
``(I) has filed, is a material witness in,
or is likely to be helpful in the investigation
of, a bona fide workplace claim (as defined in
section 274A(e)(10)(C)(iii)(II)); and
``(II) reasonably fears, has been
threatened with, or has been the victim of, an
action involving force, physical restraint,
retaliation, or abuse of the immigration or
other legal process against the alien or
another person by the employer in relation to
acts underlying the workplace claim or related
to the filing of the workplace claim; or''.
(b) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of law, the
Secretary of Homeland Security may permit an alien to temporarily
remain in the United States and grant the alien employment
authorization if the Secretary determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b)); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor;
(vii) the National Labor Relations Board; or
(viii) other Federal, State, or local authorities
investigating, prosecuting, or seeking civil remedies
related to the workplace claim.
(c) Conforming Amendments.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``30,000''; and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended
by inserting ``or an investigation or prosecution regarding a workplace
claim'' after ``prosecution''.
(e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F), by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
SEC. 3. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Department of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department in retaliation
against employees for exercising their rights related
to a workplace claim, the Department shall ensure
that--
``(i) any aliens arrested or detained who
are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Department--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), shall
be entitled to a stay of removal or an abeyance
of removal proceedings and to employment
authorization until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after exhaustion of
administrative appeals, whichever is later,
unless the Department establishes, by a
preponderance of the evidence in proceedings
before the immigration judge presiding over
that alien's removal hearing, that--
``(I) the alien has been convicted
of a felony; or
``(II) the workplace claim was
filed in bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative appeals, and shall be extended
by the Secretary of Homeland Security for a
period of not longer than 3 additional years
upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim to
pursue the claim to resolution;
``(II) the deterrent goals of any
statute underlying a workplace claim
would be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the violation of applicable
Federal, State, and local labor laws,
including laws concerning wages and
hours, labor relations, family and
medical leave, occupational health and
safety, or nondiscrimination.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | Protect Our Workers from Exploitation and Retaliation Act or the POWER Act - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" under such Act a nonimmigrant alien who files a petition for status if the Secretary of Homeland Security (DHS) determines that the alien: (1) has suffered abuse or harm as a result of having been a victim of criminal activity; (2) has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); (3) is a victim of specified criminal activity and would suffer extreme hardship upon removal; (4) has suffered a workplace violation and would suffer extreme hardship upon removal; (5) has been helpful to a local judge, DHS, the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or the National Labor Relations Board (NLRB) or to other authorities investigating, prosecuting, or seeking civil remedies for workplace violation; or (6) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim and reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer in relation to acts underlying or related to the filing of the claim.
Authorizes the Secretary to permit an alien to temporarily remain in the United States and grant the alien employment authorization upon determining that the alien: (1) has filed for relief under such provisions; (2) has filed, or is a material witness to, a bona fide workplace claim; and (3) has been helpful to a federal, state, or local law enforcement official, prosecutor, or judge, to DHS, EEOC, the Department of Labor, or NLRB, or to other federal, state, or local authorities investigating, prosecuting, or seeking civil remedies related to the claim.
Sets forth provisions governing procedural requirements and protections in an enforcement action leading to a removal proceeding taken against an alien: (1) as a result of information provided to DHS in retaliation against an individual for exercising or attempting to exercise employment or other legal rights; (2) at a facility about which a workplace claim has been filed; or (3) who has filed a workplace claim, who is a material witness in any proceeding involving a bona fide workplace claim, or who has filed for relief under this Act. Makes exceptions to any entitlement to a stay of removal or other specified relief where DHS establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien's removal hearing, that: (1) the alien has been convicted of a felony, or (2) the workplace claim was filed in bad faith with intent to delay or avoid the alien's removal. | {"src": "billsum_train", "title": "To protect victims of crime or serious labor violations from deportation during Department of Homeland Security enforcement actions, and for other purposes."} | 2,647 | 628 | 0.591408 | 1.842142 | 0.705944 | 4.581105 | 4.019608 | 0.937611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Personnel Toxic Exposure
Registry Act''.
SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL
SITE.
(a) Establishment.--The Secretary of Defense shall establish and
administer a system to identify members of the Armed Forces who were
potentially exposed to a hazardous disposal site and any negative
health effects that may be related to such exposure. The Secretary
shall administer such system using existing medical surveillance
systems.
(b) Notification.--If the Secretary learns that a member of the
Armed Forces was potentially exposed to a hazardous disposal site, the
Secretary shall--
(1) give notice of the potential exposure to--
(A) the member;
(B) the commanding officer of the unit to which the
member belonged at the time of potential exposure; and
(C) in the case of a member of the National Guard,
the Adjutant General of the State concerned; and
(2) inform the member that the member may be included in
the system required by subsection (a).
(c) Registration.--For each member of the Armed Forces notified of
a potential exposure under subsection (b), the Secretary shall collect
information for purposes of the system required by subsection (a). Such
information shall include--
(1) the locations where the member was deployed, including
the dates of such deployment;
(2) the approximate distance of the living and working
quarters of the member from a hazardous disposal site;
(3) the types of materials disposed of at the site;
(4) the length of time the member was exposed to such site;
(5) any symptoms experienced by the member while deployed;
(6) any symptoms the member experiences at the time of
submitting such information to the Secretary; and
(7) other information the Secretary considers appropriate.
(d) Examination.--Not later than 30 days after the date on which
the Secretary learns that a member of the Armed Forces was potentially
exposed to a hazardous disposal site, and annually thereafter, the
Secretary shall--
(1) provide such member--
(A) a complete physical examination; and
(B) consultation and counseling with respect to the
results of such physical examination; and
(2) ensure that documentation of the potential exposure is
placed in the medical record of the member maintained by the
Department of Defense.
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
describing--
(1) the status of implementing the system required by
subsection (a); and
(2) the incidences of illnesses among members of the Armed
Forces notified under subsection (b) and whether such illnesses
may have been caused by exposure to a hazardous disposal site.
(f) Definitions.--In this section:
(1) The term ``existing medical surveillance systems''
means medical surveillance systems and other data in the
possession of the Secretary as of the date of the enactment of
this Act.
(2) The term ``exposure to a hazardous disposal site''
includes the following:
(A) Exposure to the fumes emanating from a
hazardous disposal site for--
(i) more than six months, in the case of a
member of the Armed Forces who was deployed to
a military installation that made use of open
pits to burn waste; or
(ii) any period of time when exposure to
such fumes was intensive.
(B) A situation where a member of the Armed Forces
with service-related health problems demonstrates
significant exposure to fumes emanating from a
hazardous disposal site.
(3) The term ``hazardous disposal site'' means a location
where hazardous methods of disposing of mass amounts of waste
were used during Operation Enduring Freedom or Operations Iraqi
Freedom, including the use of open pits to burn waste.
(4) The term ``member of the Armed Forces'' includes former
members of the Armed Forces.
SEC. 3. PROHIBITION ON DISPOSAL OF COVERED WASTE IN OPEN AIR BURN PITS.
(a) Inclusion of Solid Waste Containing Plastics in Definition of
Covered Waste.--Subsection (c)(2) of section 317 of the National
Defense Authorization Act for Fiscal Year 2010 is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) solid waste containing plastics;''.
(b) Inclusion of Information on Past Use of Open Air Burn Pits in
Report to Congress.--Subsection (b) of such section is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) an explanation of the situations and circumstances
under which open-air burn pits were used to dispose of waste
during military exercises and operations worldwide during the
period beginning on September 11, 2001, and ending on the date
of the enactment of this Act;''. | Military Personnel Toxic Exposure Registry Act - Directs the Secretary of Defense (DOD) to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure.
Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) report annually to the congressional defense committees on the status of system implementation and incidences of illnesses which may have been caused by such exposure.
Amends the National Defense Authorization Act for Fiscal Year 2010 to: (1) include solid waste containing plastics within the definition of "covered waste" for purposes of a prohibition against the disposal by the Armed Forces of covered waste in open-air burn pits during contingency operations; and (2) include in a required report concerning the use of such pits those situations in which such pits were used to dispose of waste during military exercises and operations worldwide during the period beginning on September 11, 2001, and ending on the date of enactment of this Act. | {"src": "billsum_train", "title": "To require the Secretary of Defense to establish a medical surveillance system to identify members of the Armed Forces exposed to chemical hazards resulting from the disposal of waste in Iraq and Afghanistan, to prohibit the disposal of waste by the Armed Forces in a manner that would produce dangerous levels of toxins, and for other purposes."} | 1,159 | 287 | 0.667179 | 1.978549 | 0.94667 | 4.148855 | 4.148855 | 0.927481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Retirement Savings Act of
2016''.
SEC. 2. STATE-SPONSORED MULTIPLE EMPLOYER PLANS.
Part 2 of title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 10151 et seq.) is amended by adding at the end the
following:
``SEC. 212. STATE-SPONSORED MULTIPLE EMPLOYER PLANS.
``(a) In General.--Any State may establish a plan described in
section 210(a). Such plan shall not be considered a governmental plan
solely because it is established and administered by a State, provided
the plan is in compliance with the requirements of this section.
``(b) Requirements.--A State multiple employer plan shall--
``(1) be established by a State pursuant to State law;
``(2) be open to all employers in the State;
``(3) not require participation from any employer,
including any employer described in section 401(c)(4) of the
Internal Revenue Code of 1986;
``(4) be subject to all requirements of this Act that apply
to a plan described in section 210(a); and
``(5) provide for an opt-out for all employees of a
participating employer, if the plan provides for automatic
enrollment.
``(c) Plan Sponsor, Fiduciary, and Administrator.--The plan
sponsor, named fiduciary, and plan administrator of a State-sponsored
plan described in subsection (a) shall be the State.
``(d) Enrollment of Individual Employees.--
``(1) In general.--A State multiple employer plan may
enroll individuals directly in such plan, if such individuals
are employed by employers who do not participate in the State
plan.
``(2) Employer participation.--The State plan shall not
require employer participation in the form of contributions,
bonuses, or monetary incentives in the case of individual
employee participation under paragraph (1).
``(e) Tax Treatment.--
``(1) Treatment of contributions.--Contributions made to a
State multiple employer plan shall be treated in the same
manner for purposes of section 401 of the Internal Revenue Code
of 1986 as contributions to any other multiple employer plan
described in section 210(a).
``(2) Treatment of plan.--A State plan described in
subsection (a) shall be treated as a plan subject to section
413(c) of the Internal Revenue Code of 1986.''.
SEC. 3. CERTAIN STATE SAVINGS PROGRAMS.
(a) In General.--A State may establish and maintain a State payroll
deduction savings program (referred to in this section as a
``program'') that provides individual retirement plans (as defined in
section 7701(a)(37) of the Internal Revenue Code of 1986). Such plan
shall not be considered an employee pension benefit plan under section
3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)), provided that--
(1) the program is established by a State pursuant to State
law;
(2) the program is implemented and administered by the
State establishing the program, and such State is responsible
for investing the employee savings or for selecting investment
alternatives for employees to choose;
(3) the State assumes responsibility for the security of
payroll deductions and employee savings;
(4) the State adopts measures to ensure that employees are
notified of their rights under the program, and creates a
mechanism for enforcement of such rights;
(5) participation in the program is voluntary for
employees;
(6) all rights of the employee, former employee, or
beneficiary under the program are enforceable only by the
employee, former employee, or beneficiary, an authorized
representative of such a person, or by the State;
(7) except for employer contributions allowed under
subsection (b), the involvement of the employer is limited to--
(A) collecting employee contributions through
payroll deductions and remitting them to the program;
(B) providing notice to the employees and
maintaining records regarding the employer's collection
and remittance of payments under the program;
(C) providing information to the State necessary to
facilitate the operation of the program; and
(D) distributing program information to employees
from the State and permitting the State or such entity
to publicize the program to employees;
(8) the employer's participation in the program is required
by State law;
(9) the employer has no discretionary authority, control,
or responsibility under the program; and
(10) the employer receives no direct or indirect
consideration in the form of cash or otherwise, other than the
reimbursement of the actual costs of the program to the
employer of the activities described in paragraph (8).
(b) Employer Contributions to an Employee Account in a State
Savings Program; Financial Incentives Allowed.--A State savings program
described in subsection (a)--
(1) may permit an employer to contribute funds to an
employee's account under the payroll deduction savings program,
and need not require an employer to make contributions to
employee accounts, provide bonuses, or other monetary
incentives to employees to participate in the program;
(2) may permit an employer to provide bonuses or other
monetary incentive to employees to participate in the program;
(3) may be offered to employees who are already eligible
for some other workplace savings arrangement;
(4) may utilize one or more service or investment providers
to operate and administer the program, provided that the State
retains full responsibility for the operation and
administration of the program; and
(5) shall treat employees as having automatically elected
payroll deductions in an amount or percentage of compensation,
including any automatic increases in such amount or percentage,
specified under State law until the employee specifically
elects not to have such deductions made (or specifically elects
to have the deductions made in a different amount or percentage
of compensation allowed by the program), provided that the
employee is given adequate notice of the right to make such
elections, and need not provide for the automatic deductions.
(c) Definitions.--For purposes of this section--
(1) the term ``State'' has the meaning given such term in
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002), and, in the case of a State that has not
established a State payroll deduction savings program described
in subsection (a), includes any qualified political subdivision
of a State; and
(2) the term ``qualified political subdivision'' means any
governmental unit of a State, including a city, county, or
similar governmental body, that--
(A) has the implicit or explicit authority under
State law to require employer participation in a
retirement savings account program described in
subsection (a); and
(B) has a population equal to or greater than the
population of the least populated of the 50 States
(excluding the District of Columbia and the
territories).
(d) Clarification.--Section 3(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the
end the following:
``(C) A State payroll deduction savings program established in
accordance with section 3 of the State Retirement Savings Act of 2016
is not an `employee pension benefit plan' or `pension plan' for
purposes of this title.''. | State Retirement Savings Act of 2016 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to authorize and establish requirements for: (1) state-sponsored multiple employer retirement plans, and (2) state-managed payroll deduction savings programs that provide individual retirement plans. | {"src": "billsum_train", "title": "State Retirement Savings Act of 2016"} | 1,591 | 56 | 0.563033 | 1.142923 | 0.933501 | 3.607143 | 27.125 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Burying Beetle Relief Act
of 2014''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1989, the United States Fish and Wildlife Service
(referred to in this section as ``the Service'') listed the
American burying beetle as an endangered species under the
Endangered Species Act (16 U.S.C. 1531 et seq.);
(2) in making the decision to list the American burying
beetle as an endangered species, the Service--
(A) stated that the American burying beetle was
``once widely distributed throughout eastern North
America''; and
(B) considered possible factors in the population
decline of the American burying beetle, but ultimately
concluded that ``the cause of the species' decline is
unknown'';
(3) as of the date of the decision, there were only 2 known
populations of the American burying beetle, 1 located in
Eastern Oklahoma and 1 located on an island off the coast of
Rhode Island;
(4) at that time, the Rhode Island population was estimated
to be around 520 American burying beetles and the Oklahoma
population to be fewer than 12 American burying beetles;
(5) the Service has not completed a range-wide population
survey of the American burying beetle since 1985;
(6) in 1991, the Service published a recovery plan for the
American burying beetle, with the objective of protecting and
maintaining the extant population in Rhode Island and the
populations in Oklahoma;
(7) in order to reconsider the listing status of the
American burying beetle, the Service is required to identify 3
populations of American burying beetle that have been
reestablished (or additional populations discovered) within
each of 4 broad geographical areas of the historical range of
the American burying beetle;
(8) the Service has identified these 4 geographical areas
as--
(A) the Midwest region, including Oklahoma and most
States between Texas, Louisiana, and Montana;
(B) the Great Lakes region;
(C) the Southeast region; and
(D) the Northeast region, including Rhode Island;
(9) in 2008, the Service performed the first 5-year review
of the American burying beetle, which--
(A) determined that--
(i) the criteria for reconsidering the
listing of the American burying beetle had been
met in the Midwest region, ``where additional
occurrences of the American burying beetle have
been discovered''; and
(ii) that, ``as a consequence, the total
number of American burying beetle in this
recovery area is believed to greatly exceed the
numerical target'' established under the
recovery plan;
(B) stated that ``although one of four geographic
recovery areas for the American burying beetle has met
the criteria for reclassification, the species
presumably remains extirpated in most of its historic
range''; and
(C) concluded that the American burying beetle
should remain listed as an endangered species;
(10) as of the date of enactment of this Act--
(A) the population of the American burying beetle
in Nebraska is estimated to contain over 3,000 American
burying beetles, making that one of the largest known
populations, although at the time the American burying
beetle was listed in 1989 none were known to live in
Nebraska;
(B) the population of the American burying beetle
in Oklahoma has grown dramatically from the population
numbers in 1989 when the American burying beetle was
listed as an endangered species and is believed to be
well into the thousands;
(C) the Service believes that the American burying
beetle exists in 45 of the 77 counties in Oklahoma,
although at the time the Service listed the American
burying beetle as endangered in 1989, only 4 counties
in Oklahoma had a known American burying beetle
population;
(D) Oklahoma State officials are concerned about
the lack of mitigation options available to developers
relating to the American burying beetle; and
(E) Oklahoma Department of Wildlife Conservation
Director Richard Hatcher has not received a response to
the request submitted to the Service on April 15, 2013,
which asked--
(i) for an update to the recovery plan for
the American burying beetle; and
(ii) that the process of delisting the
American burying beetle begin;
(11) Service documents published close to the date of
enactment of this Act list the States of Arkansas, Kansas,
Massachusetts, Missouri, Nebraska, Ohio, Oklahoma, Rhode
Island, South Dakota, and Texas as having an American burying
beetle population;
(12) the history of the process of the gray wolf being
delisted as an endangered species, first in some areas of the
United States and then entirely, provides an example that could
be used to delist the American burying beetle in the Midwest
region;
(13) important points in the history of the gray wolf being
delisted include that--
(A) in 2011, the Service decided to remove the gray
wolf from the endangered species list in the States of
Idaho, Montana, Utah, Washington, and parts of Oregon
while leaving the species listed in Wyoming;
(B) this partial delisting was due to the healthy
population levels present in those States at that time;
and
(C) less than 2 years later, in 2013, the delisting
was extended to Wyoming, and the gray wolf was no
longer listed as endangered under the Endangered
Species Act (16 U.S.C. 1531 et seq.);
(14) there is support for the American burying beetle being
completely delisted, because--
(A) beginning in 2007, the Service promulgated an
official policy stating that when the Service evaluates
the probability of a species being lost to extinction
across the range of that species, the Service does so
within the known existing range of that species, not a
hypothetical historic range of that species;
(B) using the policy described in subparagraph (A),
if the American burying beetle were reconsidered as a
candidate for being listed as an endangered species
under the Endangered Species Act (16 U.S.C. 1531 et
seq.), the American burying beetle likely would not be
eligible because the known populations are not in
danger of being lost and instead are expanding as of
the date of enactment of this Act; and
(C) the historic range of the American burying
beetle, described by the Service as being
``ubiquitous'' at some point, is reliant on data,
observations, and studies that are more than 70 years
old and are not easy to locate;
(15) there is a lack of information about the extent of the
American burying beetle population as of the date of enactment
of this Act, although the population appears to have expanded
since the American burying beetle was originally listed as an
endangered species;
(16) it is not clear whether the increased population count
of the American burying beetle is due to the scientific
community being more apt at locating these insects or whether
the population has actually increased; and
(17) it is clear the American burying beetle has proven
much more resilient than the Service originally believed,
rendering the decision of the Service to list the American
burying beetle as an endangered species under the Endangered
Species Act (16 U.S.C. 1531 et seq.) indefensible.
SEC. 3. REMOVAL OF ENDANGERED SPECIES STATUS.
Notwithstanding the final rule of the United States Fish and
Wildlife Service entitled ``Endangered and Threatened Wildlife and
Plants; Determination of Endangered Status for the American Burying
Beetle'' (54 Fed. Reg. 29652 (July 13, 1989)), the American burying
beetle shall not be listed as a threatened or endangered species under
the Endangered Species Act (16 U.S.C. 1531 et seq.). | American Burying Beetle Relief Act of 2014 - Removes the United States Fish and Wildlife Service's listing of the American burying beetle as an endangered species under the Endangered Species Act. Prohibits the beetle from being listed as a threatened or endangered species. | {"src": "billsum_train", "title": "American Burying Beetle Relief Act of 2014"} | 1,834 | 69 | 0.546406 | 1.307243 | 1.115027 | 4.5 | 34.956522 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping America's Food Safe Act of
2009''.
SEC. 2. CERTIFICATION OF PRIVATE LABORATORIES AND SAMPLING SERVICES.
(a) Amendment.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
``SEC. 418. FOOD SAFETY LABORATORIES AND SAMPLING SERVICES.
``(a) Definitions.--In this section:
``(1) Food safety laboratory.--The term `food safety
laboratory' means an establishment that analyzes or tests
samples of imported food to ensure the safety of such food.
``(2) Sampling service.--The term `sampling service' means
an establishment that collects samples of an imported food.
``(b) Certification Requirement.--
``(1) In general.--Any entity that is a food safety
laboratory or a sampling service shall submit to the Secretary
an application for certification. Upon review, the Secretary
may grant or deny certification to the food safety laboratory
or sampling service.
``(2) Certification standards.--The Secretary shall
establish criteria and methodologies for the evaluation of an
application for certification submitted under paragraph (1).
Such criteria shall include the requirements that a food safety
laboratory or sampling service--
``(A) be accredited as being in compliance with
standards set by the International Organization for
Standardization;
``(B) agree to permit the Secretary to conduct an
inspection of the facilities of the food safety
laboratory or sampling service and the procedures of
such facilities before making a certification
determination;
``(C) agree to permit the Secretary to conduct
routine audits of the facilities to ensure ongoing
compliance with accreditation and certification
requirements;
``(D) submit with such application a fee
established by the Secretary in an amount sufficient to
cover the cost of application review, including
inspection; and
``(E) agree to submit to the Secretary, in
accordance with the process established, the results of
tests conducted by such food safety laboratory or
sampling service on behalf of an importer.
``(c) Submission of Test Results.--The Secretary shall establish a
process by which a food safety laboratory or sampling service certified
under this section shall submit to the Secretary the results of all
tests conducted by such food safety laboratory or sampling service on
behalf of an importer.
``(d) Certification of Importers for Testing and Sampling Own
Products.--An importer shall not be federally certified for the
purposes of analyzing, testing, or sampling its own food products for
import unless the Secretary establishes a process under this section by
which an importer can become certified for such purposes.''.
(b) Enforcement.--Section 303(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333(f)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (7), (8), and (9), respectively;
(2) by inserting after paragraph (4) the following:
``(5) An importer (as such term is used in section 418) shall be
subject to a civil penalty in an amount not to exceed $1,000,000 if
such importer knowingly engages in the falsification of test results
submitted to the Secretary by a food safety laboratory or sampling
service certified under section 418.
``(6) A food safety laboratory or sampling service certified under
section 418 shall be subject to a civil penalty in an amount not to
exceed $1,000,000 for knowingly submitting to the Secretary false test
results under section 418.''.
(3) in paragraph (2)(C), by striking ``paragraph (5)(A)''
and inserting ``paragraph (7)(A)'';
(4) in paragraph (7), as so redesignated, by striking
``paragraph (1), (2), (3), or (4)'' each place it appears and
inserting ``paragraph (1), (2), (3), (4), (5), or (6)'';
(5) in paragraph (8), as so redesignated, by striking
``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''; and
(6) in paragraph (9), by striking ``paragraph (6)'' each
place it appears and inserting ``paragraph (8)''.
SEC. 3. FOREIGN CERTIFICATION AND EQUIVALENCY.
(a) Amendment.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following:
``SEC. 805. CERTIFICATION OF FOOD IMPORTERS.
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary shall establish a
certification program in accordance with this section to ensure that
food imported into the United States meets the food safety standards
applied to food produced in the United States.
``(b) Certification Standard.--A foreign facility or foreign
country requesting a certification to import food to the United States
shall demonstrate, in a manner determined appropriate by the Secretary,
that food produced under the supervision of the foreign facility or
foreign country has met standards for food safety, inspection,
labeling, and consumer protection that are at least equivalent to
standards applicable to food produced in the United States. In
determining whether standards are so equivalent, the Secretary shall
consider--
``(1) the potential for health, sanitary, environmental, or
other conditions within the foreign country involved to
adversely affect the safety of food products exported from such
nation; and
``(2) how well the food safety programs of the foreign
country function to minimize any adverse effects on such
safety.
``(c) Requirement of Certification for Importing.--
``(1) In general.--Except as provided in paragraph (2), no
food shall be permitted entry into the United States from a
foreign facility in a foreign country unless there is--
``(A) a certification for such facility in effect
under subsection (d)(1); or
``(B) a certification for such country in effect
under subsection (d)(2).
``(2) Equivalency determination by secretary.--Paragraph
(1) does not apply if the Secretary determines that the
certification process described in subsection (d) is not needed
for the Secretary's evaluation of whether the facility's or
country's standards for food safety, inspection, labeling, and
consumer protection are at least equivalent to standards
applicable to food produced in the United States.
``(d) Certification.--
``(1) Foreign facility.--Each foreign facility seeking to
import food into the United States may obtain a certification
by the Secretary stating that the facility maintains a program
using reliable analytical methods to ensure compliance with all
the food safety standards described in subsection (a) to import
such food.
``(2) Foreign country.--A foreign country may obtain a
certification by the Secretary stating that--
``(A) the country has in effect and is enforcing
food safety standards at least as protective of food
safety as the standards applicable to food in the
United States; and
``(B) the country has a program in effect to
monitor and enforce its food safety standards with
respect to food being exported from such country to the
United States, ensuring that the food products intended
for export to the United States are safe for human
consumption, and not adulterated or misbranded.
``(e) Agreements With Foreign Nations.--Any certification of a
foreign country under subsection (d)(2) shall--
``(1) require the foreign country to promptly notify the
Secretary of any violations affecting the safety of food
products exported or intended for export to the United States;
``(2) provide for such activities (whether in the foreign
country or at the port of entry during importation) by the
Secretary, including analysis, testing, and sampling, at such
stages in the growth or harvest of food, or in the processing
or handling of food products, as the Secretary considers
appropriate to ensure that the foreign country has in effect
and is enforcing food safety standards at least as protective
of food safety as the standards applicable to food in the
United States; and
``(3) provide for reciprocity with respect to the treatment
of food imports and exports between the United States and the
foreign country.
``(f) Documentation.--The Secretary shall provide to the Congress
annual documentation demonstrating the Secretary's confidence in the
standards of any foreign facility or country for which the Secretary
has made a determination under paragraph (2) of subsection (c).
``(g) Revocation of Certification.--The Secretary may, with respect
to a foreign facility or foreign country, revoke a certification under
subsection (d) if--
``(1) food from the foreign facility or foreign country is
linked to an outbreak of human illness;
``(2) the Secretary determines that the foreign facility or
foreign country is no longer meeting the requirements described
in subsection (d); or
``(3) United States officials are not allowed to conduct
such audits and investigations as may be necessary to carry out
this section.
``(h) Duration of Certification.--Each certification under
subsection (d) shall be for a period of not more than 5 years.
``(i) Inspection; Independent Audits.--
``(1) Authorization.--In determining whether to issue a
certification under subsection (d) or revoke a certification
under subsection (g), the Secretary is authorized to--
``(A) inspect foreign facilities to ensure
compliance with the food safety standards described in
subsection (a); and
``(B) consider independent audits, product test
data, and other relevant information generated by the
facility, importer, or foreign country involved.
``(2) Renewal of certification.--The Secretary shall audit
foreign countries and foreign facilities at least every 5 years
to ensure the continued compliance with the standards set forth
in this section.
``(j) Enforcement.--The Secretary is authorized to--
``(1) deny importation of food from any foreign country
that does not permit United States officials to enter the
foreign country to conduct such audits and inspections as may
be necessary to fulfill the requirements of this section;
``(2) deny importation of food from any foreign country or
foreign facility that does not consent to an investigation by
the Secretary when food from that foreign country or foreign
facility is linked to a food-borne illness outbreak or is
otherwise found to be adulterated or mislabeled; and
``(3) promulgate rules and regulations to carry out the
purposes of this section, including setting terms and
conditions for the destruction of products that fail to meet
the standards of this Act.
``(k) Foreign Facility.--In this section, the term `foreign
facility' means a foreign facility (as defined in section 415(b)(3))
that is required to be registered under section 415.''.
(b) Transitional Program.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall promulgate regulations to
establish a transitional food safety import review program, with
minimal disruption to commerce, that shall be in effect until the date
of implementation of the food import certification program under
section 805 of the Federal Food, Drug, and Cosmetic Act, as added by
subsection (a) of this section.
SEC. 4. INFORMATION CLEARINGHOUSES.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.), as amended by section 2 of this Act, is amended by adding
at the end the following:
``SEC. 419. INFORMATION CLEARINGHOUSES.
``(a) Website on Food Safety Issues.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture, shall develop and maintain a Website
with public information that--
``(A) provides information on Federal food
standards and best practice requirements for food
preparation;
``(B) assists health professionals to improve their
ability--
``(i) to diagnose and treat food-related
illness; and
``(ii) to advise individuals whose health
conditions place them at particular risk; and
``(C) promotes the public awareness of food safety
issues.
``(2) Resources.--The Secretary shall utilize the resources
of the Food and Drug Administration and the Centers for Disease
Control and Prevention to carry out this subsection.
``(b) Website on School Curricula Regarding Food Safety.--The
Secretary, in consultation with the Secretary of Education, shall
develop and maintain a Website to provide the public with appropriate
information on developing school curriculum regarding food safety
issues.''.
SEC. 5. WHISTLEBLOWER PROTECTION.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.), as amended by sections 2 and 4 of this Act, is amended by
adding at the end the following:
``SEC. 420. WHISTLEBLOWER PROTECTION.
``(a) Prohibition.--No employee or other person may be harassed,
prosecuted, held liable, or discriminated against in any way because
that person--
``(1) has commenced, caused to be commenced, or is about to
commence a proceeding, testified or is about to testify at a
proceeding, or assisted or participated or is about to assist
or participate in any manner in such a proceeding or in any
other action to carry out the purposes, functions, or
responsibilities of this Act; or
``(2) is refusing to violate or assist in violation of this
Act.
``(b) Procedures.--The process and procedures with respect to
prohibited discrimination under subsection (a) shall be governed by the
applicable provisions of section 31105 of title 49, United States Code,
unless the party bringing an action under this subsection chooses
alternative dispute resolution procedures such as mediation or
arbitration.
``(c) Burdens of Proof.--The legal burdens of proof with respect to
prohibited discrimination under subsection (a) shall be governed by the
applicable provisions of sections 1214 and 1221 of title 5, United
States Code.''.
SEC. 6. REPORTABLE FOOD REGISTRY.
(a) Responsible Parties.--Paragraph (1) of section 417(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f(a)) is amended to
read as follows:
``(1) Responsible party.--The term `responsible party',
with respect to an article of food, means a person that--
``(A) submits the registration under section 415(a)
for a food facility that is required to register under
section 415(a), at which such article of food is
manufactured, processed, packed, or held; or
``(B) is an establishment that analyzes or tests
samples of food for consumption in the United States to
ensure the safety of such food.''.
(b) Individual Analysis or Test.--Subsection (d) of section 417 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f(d)) is amended
by adding at the end the following:
``(9) Individual analysis or test.--If any individual
analysis or test of an article of food by a responsible party
produces a result suggesting that the article is reportable
food, the responsible party shall send a notice within 24 hours
to the Food and Drug Administration containing the results of
such analysis or test for review consistent with subsection
(b)(2), irrespective of whether the party subsequently
determines, based on additional analysis or testing or other
factors, that such article is not reportable food.''.
(c) Conforming Amendments.--Section 417 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350f) is amended--
(1) in subsection (e)(1), by striking ``The registration''
and inserting ``In the case of a responsible party described in
subsection (a)(1)(A), the registration''; and
(2) in subsection (f)(2)(A), by striking ``not required to
register under section 415'' and inserting ``not responsible
parties''.
SEC. 7. RECALL AUTHORITY.
(a) Prohibition.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(oo) The violation of an order to recall food under section
417A.''.
(b) Recall Authority.--Chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting after
section 417 the following:
``SEC. 417A. RECALL AUTHORITY.
``(a) Request To Initiate a Recall.--The Secretary may request an
establishment to initiate a recall of food when the Secretary makes
each of the following determinations:
``(1) The food has been distributed and presents a risk of
illness or injury or gross consumer deception.
``(2) The establishment has not initiated a recall of the
food.
``(3) Action by the Secretary is necessary to protect the
public health.
``(b) Order.--If an establishment subject to a request under
subsection (a) does not initiate a voluntary recall of the food
involved within 24 hours of receiving such request, the Secretary may
issue an order requiring such establishment to conduct a recall of the
food.
``(c) Definition.--In this section, term `establishment' means an
establishment required to be registered under section 415.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act and
the amendments made by this Act such sums as may be necessary for each
of fiscal years 2010 through 2014. | Keeping America's Food Safe Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require: (1) certification of any food safety laboratory or a sampling service that is analyzing, testing, or collecting samples of imported food; and (2) such laboratories or services to submit to the Secretary of Health and Human Services the results of all tests conducted on behalf of an importer.
Sets forth civil penalties for: (1) an importer that knowingly engages in the falsification of test results submitted to the Secretary; and (2) a laboratory or service that knowingly submits false test results to the Secretary.
Requires the Secretary to establish a certification program to ensure that imported food meets the food safety standards applied to food produced in the United States.
Prohibits food from being permitted entry into the United States from a foreign facility in a foreign country unless there are certifications from the facility and country, except if the certification is not needed for the Secretary's evaluation of whether the facility's or country's standards are at least equivalent to standards applicable to food produced in the United States.
Sets forth certification requirements for foreign countries.
Requires the Secretary to develop and maintain websites on: (1) food safety issues; and (2) the development of school curricula regarding food safety issues.
Establishes whistle-blower's protections.
Revises the definition of "responsible party" to include an establishment that analyzes or tests samples of food for consumption in the United to States to ensure its safety. Requires a responsible party to notify the Food and Drug Administration (FDA) within 24 hours about test results that suggest that an article of food is reportable food, irrespective of whether the party subsequently determines that such article isn't reportable food.
Authorizes the Secretary to request and, in the absence of voluntary compliance, to order an establishment to recall food that has been distributed and that presents a risk of illness, injury, or gross consumer deception when necessary to protect the public health. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to improve food safety."} | 4,017 | 438 | 0.625559 | 1.930871 | 0.777245 | 3.782051 | 9.489744 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Center and
Clearinghouse Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 26.8 million small business concerns in the
United States, and they are the backbone of the American
economy. However, small business concerns face overwhelming
obstacles in addressing climate change issues, such as reducing
their carbon footprint while balancing business needs to remain
economically competitive.
(2) The United States Government is the largest purchaser
of goods and services in the world and plays a large role in
influencing the overall business marketplace. In 2006, the
United States Government spent over $417 billion on goods and
services in 8.3 million separate contract actions. Small
business concerns won approximately $80 billion in contracts
which is about 21.5 percent of the remaining prime contracts.
(3) The Small Business Act of 1953 specified that small
business concerns should be given every opportunity to compete
fairly for the award of Federal contracts. Congress has long
recognized the value of small business concerns because they
are important sources of job creation and economic growth;
however, small business concerns are typically disadvantaged in
competing against large firms.
(4) The United States Environmental Protection Agency has
created a directory to help small business concerns access
financial services by State or service type (i.e. loans,
consulting, credit, etc.) to help small business concerns
achieve energy efficiency through their Energy Star Small
Business--Financial Resources Directory.
(5) The fusion of a powerful purchasing mechanism with
green business practices provides a small business concern with
significant incentives and opportunities for market penetration
of environmentally preferable products, for the development of
green services, and for the adoption of green practices in
their own facilities.
(6) Many small business concerns have taken the first step
in incorporating sustainable practices into their own business,
however small business concerns face obstacles in comparing the
cost, performance, and life cycle environmental impacts of
alternatives. Most small business concerns do not have the
scientific and technical capability to fully assess the issues
and choices to address the impact of climate change. In
addition, small business concerns offering green products and
services often face barriers to market acceptance of
environmentally preferable products and services when competing
with products or service practices that have long-standing
market penetration.
(7) It is vital for the competitiveness of the United
States that small business concerns, including small, minority-
owned, women-owned, historically underutilized businesses
(HUBZones), and veteran-owned small business concerns be
provided greater opportunity to become a procurement source for
goods and services to Federal agencies. It is also critical
that small business concerns be encouraged to develop and
supply environmentally sound products and services.
(8) By utilizing new energy efficient technologies and
whole building design practices, small business concerns can
save in long-term operating costs, become more competitive,
improve the productivity and health of employees, and reduce
their carbon footprint.
(9) In the National Small Business Association's 2006
energy survey, the majority of owners of small business
concerns said they have been affected by rising energy prices
and that reducing energy costs would increase profitability. At
the same time, over half of these entrepreneurs have not
invested in energy efficient programs for their small business
concerns.
(10) There are many ways to increase energy efficiency. For
example, an owner of a small business concern who replaces
twenty 100-watt incandescent bulbs with 27-watt compact
fluorescent bulbs would pay $400 up-front, but save $980 over
one year.
(11) Today, buildings account for more than a third of the
carbon emissions in the United States. Whole building design
practices, also known as green buildings, have a positive
effect on the reduction of green house gases and the health of
the environment, increase production of workers, and improve
the water supply for communities. Studies have shown--
(A) a 2 to 16 percent increase in productivity in
buildings that incorporate whole building design
practices; and
(B) that an up-front investment of 2 percent in
whole building design practices, on average, results in
life cycle savings of 20 percent of the total
construction costs.
(12) Some of the tools that a small business concern could
use to design are--
(A) green roofs, vegetated roof systems that
passively perform no less than eight highly beneficial
and cost-saving functions;
(B) daylighting, because people respond,
concentrate, and think better with diffuse, full-
spectrum light provided by the sun;
(C) on-site renewable energy, produced from fuels
that have a stable, predictable supply such as solar,
wind, biomass, and ground sources;
(D) natural ventilation, which can replace all or
part of mechanical ventilation systems, improving
indoor air quality and occupant comfort; and
(E) integrated design, the method by which the
design team identifies systems early in the process to
provide a coordinated implementation of efficiency and
building methods, realizing an exponential gain in
savings and comfort.
SEC. 3. OFFICE OF ENVIRONMENT, ENERGY, AND CLIMATE CHANGE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
redesignating section 37 as section 38, and by inserting after section
36 the following:
``SEC. 38. OFFICE OF ENVIRONMENT, ENERGY, AND CLIMATE CHANGE.
``(a) Establishment.--There is established within the Small
Business Administration an office to be known as the Office of
Environment, Energy, and Climate Change headed by an Assistant
Administrator for Environment, Energy, and Climate Change, who shall be
appointed by, and report to, the Administrator of the Small Business
Administration.
``(b) Duties.--The Office of Environment, Energy, and Climate
Change shall--
``(1) oversee and administer the Climate Change Center and
Clearinghouse established under subsection (c);
``(2) promote energy efficiency efforts for small business
concerns;
``(3) promote efforts to reduce energy costs of small
business concerns; and
``(4) oversee efforts by small business concerns to develop
renewable energy technologies.
``(c) Climate Change Center and Clearinghouse.--
``(1) Establishment.--There is established within the
Office of Environment, Energy, and Climate Change an office to
be known as the Climate Change Center and Clearinghouse
(hereinafter in this section referred to as the `Center').
``(2) Duties of the center.--The Center shall--
``(A) provide scientific, economic, and technical
information to small business concerns on--
``(i) assessing and managing the technical,
economic, and business impacts of climate
change; and
``(ii) cost savings and revenue gains made
possible through carbon credit trading
opportunities and Federal and State renewable
energy and energy efficiency tax relief
programs, purchase incentives, and rebate
programs;
``(B) ensure that the information described in
subparagraph (A) is available to small business
concerns by--
``(i) placing the information on a website
accessible by small business concerns; and
``(ii) developing and carrying out
nationwide workshops for small business
concerns, with such workshops recorded and made
available to small business concerns on a
website and, if practicable, broadcast live on
the internet;
``(C) coordinate any efforts which are undertaken
by the Department of Energy's Ombudsman, the
Environmental Protection Agency's Small Business
Ombudsman, the National Institute of Standards and
Technology's Manufacturing Extension Partnership, the
Small Business and Agriculture Regulatory Enforcement
Ombudsman, the Office of Small and Disadvantaged
Business Utilization within each Federal agency having
procurement powers, and other appropriate Federal
departments and agencies to provide technical,
scientific, and engineering support to small business
concerns for the purpose of maintaining competitiveness
while--
``(i) developing green products or
services;
``(ii) implementing green business
practices; or
``(iii) reducing the amount of pollution
produced by the small business concern;
``(D) develop a baseline study--
``(i) that provides a broad analysis that
aggregates small business energy consumption
and emissions;
``(ii) that includes, but is not limited
to, an analysis of the energy consumption and
greenhouse gas emissions from processes,
practices, and product developments of small
business concerns;
``(iii) the development of which the Center
shall coordinate with similar efforts
undertaken by other Federal agencies; and
``(iv) which upon completion is made
available to the public on a website.
``(E) raise awareness among small business concerns
of the information, technical support, and network
opportunities made available through the Energy Star
Program to reduce energy waste and energy costs;
``(F) develop a carbon footprint website that
contains--
``(i) educational and technical information
on how small business concerns can reduce their
carbon footprint;
``(ii) links to tools and information
relating to carbon footprints available on
other websites; and
``(iii) a carbon footprint calculator which
can calculate a rough estimate of a small
business concern's carbon emissions based on,
but not limited to, the concern's electricity
usage, heating fuel usage, and fleet mileage;
and
``(G) develop a marketing plan and coordinate with
the Office of Small Business Development Centers to
raise awareness among small business concerns of the
Center's duties and available resources.
``(3) Duties of the heads of departments and agencies.--The
head of each Federal department or agency shall provide
information to the Center, upon request, unless otherwise
prohibited by law.
``(d) Interagency Working Group.--
``(1) In general.--The President shall establish an
interagency working group, which shall be co-chaired by the
Assistant Administrator for Environment, Energy, and Climate
Change and the Administrator of the Environmental Protection
Agency and shall include representatives from--
``(A) the National Institute of Standards and
Technology;
``(B) the Department of Energy;
``(C) the Department of Transportation;
``(D) the Office of Small Business Development
Centers;
``(E) small business concerns; and
``(F) any additional agency that the President may
designate.
``(2) Advisors.--The co-chairs of the interagency working
group may appoint representatives from environmental groups and
groups concerned with climate change to advise the working
group.
``(3) Duties.--The interagency working group shall--
``(A) establish goals and priorities for the
Center; and
``(B) provide for interagency coordination,
including budget coordination, of activities undertaken
by the Center.
``(e) Definitions.--
``(1) Green products or services and green business
practices.--The Administrator of the Small Business
Administration shall, in consultation with the Environmental
Protection Agency, the General Services Administration, and
other appropriate Federal departments and agencies, specify a
detailed definition for the terms `green products or services'
and `green business practices' for purposes of this section.
``(2) Greenhouse gas.--For purposes of this section, the
term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; or
``(F) sulfur hexafluoride.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''. | Climate Change Center and Clearinghouse Act of 2008 - Amends the Small Business Act to establish: (1) the Office of Environment, Energy, and Climate Change within the Small Business Administration (SBA); and (2) the Climate Change Center and Clearinghouse within such Office.
Requires the Office to: (1) oversee and administer the Center; (2) promote energy efficiency efforts for, and efforts to reduce energy costs of, small businesses; and (3) oversee efforts by small businesses to develop renewable energy technologies.
Requires the Center to: (1) provide information to small businesses on assessing and managing the impacts of climate change and on cost savings and revenue gains possible through carbon credit trading opportunities and federal and state renewable energy and energy efficiency tax relief programs, purchase incentives, and rebate programs; (2) ensure that such information is provided to small businesses on an accessible website and through nationwide workshops; (3) coordinate federal agency efforts to provide support to small businesses for the purpose of maintaining competitiveness while developing green products or services, implementing green business practices, or reducing pollution; (4) develop a baseline study that provides a broad analysis that aggregates small business energy consumption and emissions; (5) raise awareness among small businesses of the information, technical support, and network opportunities made available through the Energy Star Program to reduce energy waste and energy costs; (6) develop a carbon footprint website that contains information on how small business concerns can reduce their carbon footprint, links to other carbon footprint websites, and a calculator for obtaining an estimate of a small business's carbon emissions based on electricity usage, heating fuel usage, and fleet mileage; and (7) develop a marketing plan.
Directs: (1) the President to establish an interagency working group to establish goals and priorities for the Center and to provide for interagency coordination of Center activities; and (2) the Administrator of SBA to specify a detailed definition for the terms "green products or services" and "green business practices." | {"src": "billsum_train", "title": "To amend the Small Business Act to establish the Office of Environment, Energy, and Climate Change and to establish the Climate Change Center and Clearinghouse to provide support and information on climate change to small business concerns."} | 2,476 | 402 | 0.547016 | 2.073004 | 0.753757 | 3.951899 | 6.232911 | 0.964557 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Information Reporting Act
of 2011''.
SEC. 2. REPORTING AND COMPILATION OF PARTICIPATION DATA.
(a) Definitions.--In this Act--
(1) the term ``agency'' has the meaning given under section
551(1) of title 5, United States Code;
(2) the term ``General Services Administration Office''
means--
(A) except as provided under subparagraph (B), the
Regulatory Information Service Center; or
(B) another office within the General Services
Administration designated by the Administrator of
General Services;
(3) the term ``participant'' means the employing or
affiliated organization of an individual representing interests
before an agency promulgating a rule;
(4) the term ``rule'' has the meaning given under section
551(4) of title 5, United States Code; and
(5) the term ``rulemaking'' has the meaning given under
section 551(5) of title 5, United States Code.
(b) Representation by Participants.--For purposes of this section,
a participant represents--
(1) an economic interest when the participant--
(A) has a substantial economic interest in the
outcome of the rulemaking;
(B) represents an entity with a substantial
economic interest in the outcome of the rulemaking; or
(C) represents an association that receives
substantial membership dues or contributions from
entities that have a substantial economic interest in
the outcome of the rulemaking;
(2) a non-economic interest when the participant claims to
represent the public at large and does not represent an
economic interest;
(3) a citizen interest when the participant does not claim
to represent the public at large and does not represent an
economic interest; and
(4) an unknown interest if the promulgating agency cannot
reasonably discern whether the participant represents an
economic, non-economic, or citizen interest.
(c) Submission of Regulatory Information to General Services
Administration.--Before publication in the Federal Register of a final
rule under section 553 of title 5, United States Code, the promulgating
agency shall submit to the General Services Administration Office a
list of all non-Federal Government participants who provided public
comments to the agency on the rule, specifying, as reasonably
possible--
(1) the name and address of the participant;
(2) the participant's organizational affiliation, where
appropriate;
(3) whether the participant represents an economic
interest, a non-economic interest, a citizen interest, or an
unknown interest; and
(4) whether any comment of the participant affected or did
not affect the content of the final rule.
(d) Compilation, Publication, and Reporting of Information by
General Services Administration.--
(1) Searchable database.--The General Services
Administration Office shall compile the information provided by
promulgating agencies under subsection (c) into a searchable
database made publicly available on the Internet. The database
shall be kept as current as reasonably possible.
(2) Quarterly trend and overview statistics.--The General
Services Administration Office shall make publicly available on
the Internet quarterly trend and overview statistics. The
General Services Administration Office shall present the data
received from promulgating agencies in a manner so as to
facilitate oversight, and shall emphasize the relative level
and effectiveness of participation in the regulatory process of
economic, non-economic, and citizen interests.
(3) Annual reports.--The General Services Administration
Office shall submit an annual report to the relevant committees
of Congress that summarizes the data received from promulgating
agencies, with an emphasis on the relative level and
effectiveness of participation in the regulatory process of
economic, non-economic, and citizen interests.
(4) Consultation.--In performing its duties under this
section, the General Services Administration Office shall
consult with the Administrative Conference of the United States
as the General Services Administration Office determines
appropriate.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Administrator of General Services shall
promulgate regulations necessary to implement this section.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act. | Regulatory Information Reporting Act of 2011 - Requires federal agencies, prior to publishing a final rule in the Federal Register, to submit to the Regulatory Information Service Center (RISC) of the General Services Administration (GSA) or another office within GSA as designated by the Administrator of GSA a list of all non-federal participants who provided public comments to an agency promulgating a rule. Requires such list to provide the participant's name and address, the participant's organizational affiliation, whether the participant represents an economic interest, a non-economic interest, a citizen interest, or an unknown interest, and whether any comment of the participant affected or did not affect the content of the final rule.
Requires the RISC to: (1) compile and keep current such information obtained on non-federal participants in a searchable database made publicly available on the Internet, (2) make available quarterly trend and overview statistics, and (3) submit annual reports to Congress summarizing data received from agencies promulgating a rule. | {"src": "billsum_train", "title": "A bill to provide for the compilation and reporting of participation data relating to Federal rulemaking."} | 894 | 227 | 0.631757 | 1.854846 | 1.038485 | 4.264249 | 4.455959 | 0.906736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lebanon Independence Restoration Act
of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The people of Lebanon have a rich, proud, and honorable
history dating from biblical times to the present, and Lebanon
has been a free and democratic nation for much of its modern
history.
(2) Lebanon and the United States have enjoyed a history of
friendship and cooperation which has been witnessed by the
immigration of millions of Lebanese to the United States where
they and their descendants have contributed greatly to the
fabric of American life.
(3) Lebanon witnessed foreign incursions and occupations
during its 15-year civil war. Although that war ended in 1990,
non-Lebanese forces still control much of the country. These
forces include an Israeli force that controls a 9-mile wide
security zone in Lebanon contiguous with Israel's northern
border, and approximately 30,000 Syrian troops, several armed
Palestinian factions, and other terrorist groups that control
the remainder of the country.
(4) There is a crucial distinction between the presence of
Syrian and Israeli military forces in Lebanon. Israel exercises
no control over the Government of Lebanon and in 1998 offered
to withdraw unilaterally from the security zone in return for
security guarantees, whereas Syria has never recognized
Lebanon's independence, or exchanged ambassadors with Lebanon,
and effectively dictates the major policies and actions of the
Government of Lebanon.
(5) Various Lebanese factions signed a peace settlement in
Taif, Saudi Arabia, in 1989 as a step toward ending the civil
war. This accord provided for the phased redeployment and
withdrawal of Syrian forces from Lebanon beginning in 1992.
(6) The Government of Syria has refused to carry out any
redeployment as envisioned by the Taif Accord. Syrian
domination over Lebanese politics and political leaders is at
the root of the Lebanese Government's failure to press Syria
for a withdrawal of Syria's occupying forces.
(7) In addition to its armed forces, Syria maintains a
massive intelligence service presence in Lebanon to enforce its
control over the Lebanese people.
(8) Syrian domination is so pervasive that Lebanon has
effectively become a Syrian satellite state. This relationship
with Syria does not reflect the will of the majority of the
Lebanese public. Moreover, Syria has sought to change Lebanon's
demographic balance by the population transfer of as many as
1,000,000 Syrian laborers to Lebanon.
(9) Syrian domination has prevented Lebanon from developing
direct contacts with Israel and participating in the
multilateral track of the Middle East peace process.
(10) Syrian domination has been associated with a
deterioration in Lebanon's human rights situation. Syria has
engineered Lebanese election results to its liking, Syrian
intelligence units have been implicated in the disappearance of
Lebanese citizens, and the Syrian-controlled Lebanese
Parliament has imposed curbs on Lebanon's media, once the
freest in the Arab world.
(11) Syrian domination has failed to curtail international
narcotics traffickers or terrorist groups, including Hizballah
and the Kurdish Workers Party, that operate in Lebanon under
Syrian control.
(12) Syrian domination has prevented the Lebanese Army from
entering southern Lebanon to restore order and stability in
that region. Consequently, southern Lebanon has been a staging
area for military provocations against Israel by terrorist
groups supported by Syria and Iran.
(13) The United States Congress is concerned about the
potential for a miscalculation between Israel and Syria that
could inadvertently lead to large-scale hostilities, especially
in southern Lebanon. In this regard the Congress views with
grave concern Syria's acquisition of weapons of mass
destruction, especially chemical and biological weapons and
missile delivery systems. Syrian surface-to-surface missiles
can reach major urban centers in Israel, Turkey, and Jordan.
(14) The United States Congress has expressed itself
repeatedly in resolutions that insist that Syria make good on
its commitments to withdraw its military and security forces
from Lebanon.
(15) It is not in the interest of the United States that
freedom and democracy depart irreversibly from Lebanon. Lebanon
has a constructive role to play in the search for Middle East
peace. It can only do so when it is free, sovereign, and
governed by a truly representative government.
(16) The withdrawal of Syrian and other foreign forces from
Lebanon would not only promote regional stability, but also
would create the necessary conditions for the restoration of
Lebanon's independence, freedom, and democracy. Truly free
elections are not possible with the presence of foreign
military and security forces and terrorist groups in Lebanon.
SEC. 3. STATEMENT OF POLICY.
The Congress calls for the following:
(1) A complete, immediate, and unconditional withdrawal of
all Syrian military, intelligence, and security forces and
their proxies and all Palestinian and other terrorist forces
from Lebanon, to be followed by the eventual withdrawal of
Israeli forces.
(2) Following the withdrawals described in paragraph (1)
and restoration of a freely elected, democratic government in
Lebanon, the deployment of the Lebanese Army to southern
Lebanon to restore order and stability in that region, and for
disbanding all armed groups in Lebanon with the exception of
the legitimate national armed forces.
(3) At the same time as the deployment described in
paragraph (2), the assurance by the Government of Lebanon for
the safety and well-being of all members of the South Lebanon
Army (SLA) and their families.
SEC. 4. SENSE OF THE CONGRESS RELATING TO FUTURE PEACE AGREEMENT
BETWEEN SYRIA AND ISRAEL.
It is the sense of the Congress that the United States should not
ratify or in any other way affirm, support, recognize, or participate
in any peace agreement between Syria and Israel that does not provide
for the full and verifiable withdrawal of Syrian military,
intelligence, and security forces and their proxies from Lebanon.
SEC. 5. WITHDRAWAL OF NONDISCRIMINATORY TREATMENT FOR IMPORTS FROM
SYRIA AND LEBANON.
(a) Withdrawal.--Notwithstanding any other provision of law (except
subsection (b)), nondiscriminatory treatment (most-favored-nation
treatment) shall not apply with respect to any goods that--
(1) are the product of Syria or Lebanon; and
(2) are entered into the customs territory of the United
States on or after the 15th day after the date of the enactment
of this Act.
(b) Restoration of Nondiscriminatory Treatment.--The President may
restore nondiscriminatory treatment to goods that--
(1) are the product of Lebanon beginning 30 days after the
President certifies to the Congress that Syrian military,
security, and intelligence forces and their proxies in Lebanon
have been completely withdrawn from Lebanon and that the
Government of Lebanon is certified to have been freely elected
and wholly democratic in nature; and
(2) are the product of Syria beginning 30 days after the
President certifies to the Congress that the requirements
described in paragraph (1) have been met and that the
Government of Syria is certified to have been freely elected
and wholly democratic in nature.
SEC. 6. PROHIBITION ON ECONOMIC ASSISTANCE TO SYRIA AND LEBANON.
(a) Prohibition.--Notwithstanding any other provision of law,
economic assistance may not be provided to Syria or Lebanon.
(b) Exception.--Subsection (a) shall not apply--
(1) with respect to Lebanon beginning 30 days after the
President certifies to the Congress that Syrian military,
security, and intelligence forces and their proxies in Lebanon
have been completely withdrawn from Lebanon and that the
Government of Lebanon is certified to have been freely elected
and wholly democratic in nature; and
(2) with respect to Syria beginning 30 days after the
President certifies to the Congress that the requirements
described in paragraph (1) have been met and that the
Government of Syria is certified to have been freely elected
and wholly democratic in nature.
(c) Economic Assistance.--In this section, the term ``economic
assistance'' means any assistance under part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any related
assistance under any other provision of law.
SEC. 7. PROHIBITION ON MILITARY ASSISTANCE TO THE GOVERNMENT OF
LEBANON.
(a) Prohibition.--Notwithstanding any other provision of law,
military assistance may not be provided to the Government of Lebanon.
(b) Exception.--Subsection (a) shall not apply beginning 30 days
after the President certifies to the Congress that Syrian military,
security, and intelligence forces and their proxies in Lebanon have
been completely withdrawn from Lebanon and the Government of Lebanon is
certified to have been freely elected and wholly democratic in nature.
(c) Sense of the Congress.--It is the sense of the Congress that
any assistance prohibited by reason of the application of subsection
(a) should be redirected to assistance for humanitarian, democracy
building, human rights and educational efforts in Lebanon.
(d) Military Assistance.--In this section, the term ``military
assistance''--
(1) means any assistance under part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2301 et seq.) and any
assistance under the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
(2) includes any other form of military cooperation with
the Government of Lebanon.
SEC. 8. REQUIREMENT TO OPPOSE LOANS AND OTHER ASSISTANCE TO SYRIA AND
LEBANON BY INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Requirement.--Beginning 15 days after the date of the enactment
of this Act, the President shall instruct the United States
representative to each international financial institution (including
the International Monetary Fund and the International Bank for
Reconstruction and Development) to which the United States is a member
to use the voice and vote of the United States to oppose the initiation
or renewal of any loan or other form of assistance for Syria or
Lebanon.
(b) Exception.--Subsection (a) shall not apply--
(1) with respect to Lebanon beginning 30 days after the
President certifies to the Congress that Syrian military,
security, and intelligence forces and their proxies in Lebanon
have been completely withdrawn from Lebanon and that the
Government of Lebanon is certified to have been freely elected
and wholly democratic in nature; and
(2) with respect to Syria beginning 30 days after the
President certifies to the Congress that the requirements
described in paragraph (1) have been met and that the
Government of Syria is certified to have been freely elected
and wholly democratic in nature.
SEC. 9. ANNUAL REPORTS.
As part of the annual human rights report required under sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)), the Secretary of State shall pay special
attention to the report on Lebanon and shall include in such report the
following:
(1) A detailed assessment of Syrian influence in the three
branches of the Government of Lebanon.
(2) An assessment of human rights abuses attributable to
Syrian influence in the Government of Lebanon.
(3) An assessment of the role played by Syrian intelligence
services in Lebanon.
(4) An estimate of the number of Syrian military, security,
and intelligence forces and their proxies and terrorist groups
in Lebanon.
(5) Progress made by the Government of Lebanon in disarming
terrorist groups, and an assessment of the causes for the
Lebanese Government's failure to disarm such groups.
(6) The specific steps and concrete actions taken by the
Department of State to affect a withdrawal of all Syrian
military, security, and intelligence forces and their proxies
from Lebanon.
SEC. 10. DEFINITION.
As used in this Act, the term ``Syrian military, security, and
intelligence forces and their proxies'' includes Syrian Army regulars,
paramilitary forces, and plain clothes intelligence and security
officials. | Withdraws nondiscriminatory (most-favored- nation) treatment from the products of Syria and Lebanon. Authorizes the President to restore nondiscriminatory treatment of the products of: (1) Lebanon after certifying to Congress that the Syrian military, security, and intelligence forces and their proxies there have completely withdrawn and that Lebanon's Government has been democratically and freely elected; and (2) Syria after certifying to Congress that such withdrawal has taken place and the Syrian Government has been democratically and freely elected.
Prohibits, unless the requirements of this Act have been met, the provision of: (1) economic assistance to Syria or Lebanon; or (2) military assistance to Lebanon. Expresses the sense of Congress that any assistance so prohibited should be redirected for humanitarian, democracy building, human rights, and educational efforts in Lebanon. Directs the President to instruct the U.S. representative to each international financial institution to vote to oppose the initiation or renewal of any loan or other form of assistance for Syria or Lebanon unless the requirements of this Act have been met.
Requires the Secretary of State, as part of the annual report to Congress concerning the human rights situation in countries proposed to receive security assistance, to pay special attention to the report on Lebanon by including: (1) an assessment of Syrian influence on the Lebanese Government and human rights abuses attributable to such influence; (2) an assessment of the role played by Syrian intelligence services there; (3) progress made by the Lebanese Government in disarming terrorist groups; and (4) specific steps taken by the State Department to affect the withdrawal of Syrian forces and their proxies from Lebanon. | {"src": "billsum_train", "title": "Lebanon Independence Restoration Act of 1999"} | 2,627 | 353 | 0.550255 | 1.930446 | 0.818711 | 3.226837 | 7.741214 | 0.932907 |
SECTION 1. REPEAL OF PROVISION WHICH INCLUDES ONE-HALF OF SOCIAL
SECURITY AND RAILROAD RETIREMENT BENEFITS IN GROSS
INCOME.
(a) Repeal of Provision Including Benefits in Gross Income.--
Section 86 of the Internal Revenue Code of 1986 (relating to inclusion
of social security and tier 1 railroad retirement benefits in gross
income) is hereby repealed.
(b) Repeal of Return Requirement.--Section 6050F of such Code
(relating to returns relating to Social Security benefits) is hereby
repealed.
(c) Technical and Conforming Amendments.--
(1) Paragraph (3) of section 72(r) of such Code is amended
to read as follows:
``(3) Tier 1 railroad retirement benefit.--For purposes of
paragraph (1), the term `tier 1 railroad retirement benefit'
means a monthly benefit under section 3(a), 3(f)(3), 4(a), or
4(f) of the Railroad Retirement Act of 1974.''
(2) Paragraph (1) of section 6050G(a) of such Code is
amended by striking out ``86(d)(4)'' and inserting in lieu
thereof ``72(r)(3)''.
(3) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking out the item
relating to section 86.
(4) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
out the item relating to section 6050F.
(d) Effective Date.--The amendments made by this section shall
apply to benefits received after December 31, 1989, in taxable years
beginning after such date.
SEC. 2. TAXATION OF ONE-HALF OF SOCIAL SECURITY BENEFITS PAID TO
NONRESIDENT ALIENS CONTINUED.
(a) In General.--Section 871 of the Internal Revenue Code of 1986
(relating to tax on nonresident alien individuals) is amended by
redesignating subsection (j) as subsection (k) and by inserting after
subsection (i) the following new subsection:
``(j) Social Security Benefit Defined.--
``(1) In general.--For purposes of this section, the term
`social security benefit' means any amount received by the
taxpayer by reason of entitlement to--
``(A) a monthly benefit under title II of the
Social Security Act, or
``(B) a tier 1 railroad retirement benefit.
For purposes of the preceding sentence, the amount received by
any taxpayer shall be determined as if the Social Security Act
did not contain section 203(i) thereof.
``(2) Adjustment for repayments during year.--For purposes
of this section, the amount of Social Security benefits
received during any taxable year shall be reduced by any
repayment made by the taxpayer during the taxable year of a
Social Security benefit previously received by the taxpayer
(whether or not such benefit was received during the taxable
year).
``(3) Workmen's compensation benefits substituted for
social security benefits.--For purposes of this section, if, by
reason of section 224 of the Social Security Act (or by reason
of section 3(a)(1) of the Railroad Retirement Act of 1974), any
Social Security benefit is reduced by reason of the receipt of
a benefit under a workman's compensation act, the term `Social
Security benefit' includes that portion of such benefit
received under the workman's compensation act which equals such
reduction.
``(4) Tier 1 railroad retirement benefit.--For purposes of
paragraph (1), the term `tier 1 railroad retirement benefit'
has the meaning given to such term by section 72(r)(3).''
(b) Technical and Conforming Amendments.--
(1) Paragraph (8) of section 861(a) of such Code is amended
by striking out ``86(d)'' and inserting in lieu thereof
``871(j)''.
(2) Paragraph (3) of subsection (a) of such section 871 is
amended to read as follows:
``(3) Taxation of social security benefits.--For purposes
of this section and section 1441, one-half of any Social
Security benefit shall be included in gross income
(notwithstanding section 207 of the Social Security Act).''
(3) Paragraph (6) of section 6103(h) of such Code is
amended by striking out ``86(d)'' and inserting in lieu thereof
``871(j)''.
(4) Subsection (e) of section 121 of the Social Security
Amendments of 1983 is amended--
(A) in paragraph (1) by striking out ``sections 86
and'' and inserting in lieu thereof ``section'', and
(B) in paragraph (3)(B) by striking out
``86(d)(1)'' and inserting in lieu thereof
``871(j)(1)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits received during the first taxable year after
enactment of this Act. | Repeals, except with respect to nonresident aliens, Internal Revenue Code provisions that include social security and tier I railroad retirement benefits in the gross (taxable) income of certain taxpayers. | {"src": "billsum_train", "title": "To repeal the provisions in the Internal Revenue Code of 1986 relating to the inclusion of Social Security and certain railroad retirement benefits in gross income to the extent such provisions do not apply to nonresident aliens."} | 1,138 | 41 | 0.556293 | 1.279281 | 0.33064 | 1.705882 | 29.117647 | 0.764706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergency Telemedical
Communications Act of 2002''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To form a task force and create testing networks to
facilitate the development of a National Telemedical Network by
integrating the peer-to-peer, specialist-to-patient, or
disaster expert-to-scene real time interaction of telehealth,
information technology, and disease surveillance systems in
order to monitor, respond to, and manage the events of a
biological or chemical terrorist attack and other public health
emergencies.
(2) To take advantage of the existing telehealth
infrastructure in the United States, and add surge capacity for
disasters and provide knowledge on demand to support community
readiness at a local level.
(3) To expand integrated telehealth models that have
demonstrated progress in promoting disaster preparedness,
telemedicine, helicopter rescue, informatics, and public
health, and that have a record of teamwork among defense,
emergency management, public health, and law enforcement
agencies.
SEC. 3. ESTABLISHMENT OF STATE AND REGIONAL TELEHEALTH NETWORKS.
(a) Program Authorized.--
(1) In General.--The Secretary of Defense (referred to in
this Act as the ``Secretary''), in consultation with the
Secretary of Health and Human Services shall carry out a pilot
program for the development of statewide and regional
telehealth network testbeds that securely link existing State
and local telehealth initiatives to each of the following:
(A) States within a regional consortium of States
in the Southeast Region of the United States as such
region is determined by the Secretary.
(B) States within a regional consortium of States
in the North Central Region of the United States as
such region is determined by the Secretary.
(2) Contracts.--The Secretary shall enter into contracts to
carry out the program authorized under paragraph (1).
(3) Duration.--The Secretary shall enter into contracts
under this section for a period not to exceed 3 years. Such
contracts may be renewed.
(b) Statewide Networks.--A State awarded a contract under
subsection (a) shall develop a statewide telehealth network that links
established telehealth initiatives within the State to provide medical
services in cooperation with and in support of--
(1) the State health department;
(2) local health departments;
(3) public health clinics;
(4) medical centers of the Department of Defense and the
Department of Veterans' Affairs;
(5) community health clinics;
(6) rural health clinics;
(7) private clinics;
(8) hospitals;
(9) academic health centers;
(10) offices of rural health;
(11) home health care organizations;
(12) Indian Health Service clinics;
(13) veterinary clinics and hospitals;
(14) agrimedicine centers; and
(15) Federal agencies.
(c) Functions of the Networks.--A statewide telehealth network
established under this section shall test the feasibility of
recommendations (including the guidelines, guidance, and blueprint)
described in paragraphs (5) through (9) of section 4(b), and provide
reports to the task force established under section 4, on such
network's ability, in preparation of and in response to a biological
terrorist attack and related medical disasters, to support each of the
following functions:
(1) Rapid emergency response.
(2) Real-time data collection for information
dissemination.
(3) Epidemiological surveillance.
(4) Situationally relevant expert consultative services.
(5) Training of responders.
(6) Development of an advanced distributive learning
network.
(7) Distance learning for the purposes of medical and
clinical education, and simulation scenarios for on-going
training.
(d) Requirements.--In entering into contracts under subsection (a),
the Secretary shall--
(1) require that each statewide telehealth network be
standardized in order to connect existing telehealth activities
within the State as well as make connections to other statewide
telehealth networks to form interoperable regional telehealth
networks;
(2) encourage States to establish at the local level
interoperable and overlapping information and operational
capability response grids;
(3) require that each statewide network adopt common
administrative, physical, and technical approaches to
protecting the network's confidentiality, integrity, and
availability following guidelines developed by the task force
established under section 4 and approved by the Secretary; and
(4) require that each statewide network inventory and
report to the task force established under section 4, the
technology and technical infrastructure available to such
network and any changes to such technology and technical
infrastructure.
(e) Recommendations Relating to Standards.--In order to achieve
national telehealth network interoperability, the statewide and
regional networks shall test and provide feedback on recommendations
relating to the standard clinical information, operational capability
and associated technology and information standards created or
recognized by the task force established under section 4.
(f) Testing.--The task force established under section 4 shall work
with the States to test the statewide and regional telehealth networks
for such networks' ability to provide support for the existing and
planned efforts of State and local law enforcement, fire departments,
health facilities, and Federal and State health agencies, to respond
rapidly in times of crisis in each of the following areas:
(1) Prevention and surveillance.
(2) Early detection.
(3) Crisis responses.
(4) Treatment.
(g) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter during the period in which contracts
are awarded under this section, the Secretary shall prepare and submit
to the appropriate committees of Congress a report--
(1) describing the progress made in implementing the
statewide and regional telehealth networks; and
(2) specifying the extent to which recommendations made by
the task force established under section 4 contributed to the
implementation of the statewide and regional telehealth
networks.
SEC. 4. TELEHEALTH TASK FORCE.
(a) Establishment.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall establish a task force to
be known as the ``National Emergency Telehealth Network Task Force''
(referred to in this section as the ``Task Force'') to inventory and
improve telehealth networks.
(b) Functions.--The Task Force shall--
(1) conduct an inventory of existing telehealth
initiatives, including--
(A) the specific location of network components;
(B) the medical, technological, and communications
capabilities of such components; and
(C) the functionality of such components;
(2) recommend to the Secretary acceptable standard clinical
information that could be uniformly applied and available
throughout the National Telemedical Network;
(3) make recommendations for use by the Secretary in
establishing regional interoperating and overlapping
information and operational capability response grids in order
to achieve coordinated capabilities based responses among
local, county, State, military, Department of Veterans'
Affairs, and other Federal responders;
(4) recommend any changes necessary to integrate technology
and clinical practices;
(5) test the regional telehealth networks for the ability
described in section 3(f) and, if the regional telehealth
networks lack that ability, recommend to the Secretary ways to
improve these networks;
(6) study recommendations made during the telehealth
networking project described in section 3;
(7) research, develop, test, and evaluate administrative,
physical, and technical guidelines for protecting the
confidentiality, integrity, and availability of statewide
networks and all associated information;
(8) provide overall guidance for the formation of a
National Telemedical Network for the earliest identification
of, and response to, a physical, chemical, radiological, or
biological threat to or attack on the United States, as well as
natural disasters;
(9) create a telehealth blueprint that makes
recommendations for the interconnecting and interoperability of
all individual telehealth networks resulting in a National
Telemedical Network;
(10) develop policies for provisioning and prioritizing the
use of a National Telemedical Network for bioterrorism and
disaster response;
(11) make recommendations to the Secretary regarding
technical assistance and program content for use in the
national coordination of the regional networks described in
section 3(d)(1);
(12) provide management for the development of training
programs for responders and a mechanism for training via
enhanced advanced distributive learning;
(13) provide project evaluation framework and recommend
tools for assessing--
(A) the selection and interaction of project
participants;
(B) educational training needs for an operational
testbed;
(C) effectiveness of the project; and
(D) economic impact estimates; and
(14) advise the Secretary on issues of patient data
security, and compliance with all applicable regulations.
(c) Membership.--The Task Force established pursuant to subsection
(a) shall include representation from--
(1) relevant Federal agencies;
(2) relevant State and local government agencies;
(3) professional associations specializing in health care
and veterinary medicine; and
(4) other relevant private sector organizations, including
public health and national telehealth organizations and
representatives of academic and corporate information
management and information technology organizations.
(d) Meetings and Reports.--
(1) Meetings.--The Task Force shall meet as the Secretary
may direct.
(2) Reports.--Not later than 120 days after the date of
enactment of this Act the Task Force shall prepare a report and
annually for each of the 3 years thereafter, the Task Force
shall prepare and submit a report to Congress regarding the
Task Force's activities.
(3) Initial report.--In addition to the information
required under paragraph (2), the initial report required under
such paragraph shall specify the information to be gathered
from the statewide telehealth networks established under
section 3, and the form of such information.
(e) Implementation.--The Task Force may carry out activities under
this section in cooperation with other entities, including national
telehealth organizations.
(f) Termination.--The Task Force shall terminate upon submission of
the final report required under subsection (d)(2).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $275,000,000, such sums to remain available until
expended.
(b) Limit on Administrative Expenses.--Not more than 5 percent of
the amount appropriated for each fiscal year under subsection (a) shall
be used for Task Force administrative costs. | National Emergency Telemedical Communications Act of 2002 - Directs the Secretary of Defense to establish a pilot program for the development of statewide and regional telehealth network testbeds that securely link existing State and local telehealth initiatives to regional consortiums of States in the southeastern and the northern central United States.Requires participating States to develop standardized statewide telehealth networks that link established telehealth initiatives to provide medical services in cooperation with health care facilities. Requires the network to test its ability to prepare for and respond to a biological terrorist attack and related medical disasters.Directs the Secretary to establish the National Emergency Telehealth Network Task Force to inventory and improve telehealth networks. | {"src": "billsum_train", "title": "A bill to authorize the formulation of State and regional emergency telehealth network testbeds and, within the Department of Defense, a telehealth task force."} | 2,216 | 154 | 0.668434 | 1.765389 | 0.789421 | 3.330508 | 18.245763 | 0.923729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crow Creek Sioux Tribe
Infrastructure Development Trust Fund Act of 1996''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that--
(1) the Congress approved the Pick-Sloan Missouri River basin
program by passing the Act of December 22, 1944, commonly known as
the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33
U.S.C. 701-1 et seq.)--
(A) to promote the general economic development of the
United States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating
floods of the Missouri River; and
(D) for other purposes;
(2) the Fort Randall and Big Bend projects are major components
of the Pick-Sloan program, and contribute to the national economy
by generating a substantial amount of hydropower and impounding a
substantial quantity of water;
(3) the Fort Randall and Big Bend projects overlie the western
boundary of the Crow Creek Indian Reservation, having inundated the
fertile, wooded bottom lands of the Tribe along the Missouri River
that constituted the most productive agricultural and pastoral
lands of the Crow Creek Sioux Tribe and the homeland of the members
of the Tribe;
(4) Public Law 85-916 (72 Stat. 1766 et seq.) authorized the
acquisition of 9,418 acres of Indian land on the Crow Creek Indian
Reservation for the Fort Randall project and Public Law 87-735 (76
Stat. 704 et seq.) authorized the acquisition of 6,179 acres of
Indian land on Crow Creek for the Big Bend project;
(5) Public Law 87-735 (76 Stat. 704 et seq.) provided for the
mitigation of the effects of the Fort Randall and Big Bend projects
on the Crow Creek Indian Reservation, by directing the Secretary of
the Army to--
(A) replace, relocate, or reconstruct--
(i) any existing essential governmental and agency
facilities on the reservation, including schools,
hospitals, offices of the Public Health Service and the
Bureau of Indian Affairs, service buildings, and employee
quarters; and
(ii) roads, bridges, and incidental matters or
facilities in connection with such facilities;
(B) provide for a townsite adequate for 50 homes, including
streets and utilities (including water, sewage, and
electricity), taking into account the reasonable future growth
of the townsite; and
(C) provide for a community center containing space and
facilities for community gatherings, tribal offices, tribal
council chamber, offices of the Bureau of Indian Affairs,
offices and quarters of the Public Health Service, and a
combination gymnasium and auditorium;
(6) the requirements under Public Law 87-735 (76 Stat. 704 et
seq.) with respect to the mitigation of the effects of the Fort
Randall and Big Bend projects on the Crow Creek Indian Reservation
have not been fulfilled;
(7) although the national economy has benefited from the Fort
Randall and Big Bend projects, the economy on the Crow Creek Indian
Reservation remains underdeveloped, in part as a consequence of the
failure of the Federal Government to fulfill the obligations of the
Federal Government under the laws referred to in paragraph (4);
(8) the economic and social development and cultural
preservation of the Crow Creek Sioux Tribe will be enhanced by
increased tribal participation in the benefits of the Fort Randall
and Big Bend components of the Pick-Sloan program; and
(9) the Crow Creek Sioux Tribe is entitled to additional
benefits of the Pick-Sloan Missouri River basin program.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Fund.--The term ``Fund'' means the Crow Creek Sioux Tribe
Infrastructure Development Trust Fund established under section
4(a).
(2) Plan.--The term ``plan'' means the plan for socioeconomic
recovery and cultural preservation prepared under section 5.
(3) Program.--The term ``Program'' means the power program of
the Pick-Sloan Missouri River basin program, administered by the
Western Area Power Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux Tribe
of Indians, a band of the Great Sioux Nation recognized by the
United States of America.
SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE INFRASTRUCTURE
DEVELOPMENT TRUST FUND.
(a) Crow Creek Sioux Tribe Infrastructure Development Trust Fund.--
There is established in the Treasury of the United States a fund to be
known as the ``Crow Creek Sioux Tribe Infrastructure Development Trust
Fund''.
(b) Funding.--Beginning with fiscal year 1997, and for each fiscal
year thereafter, until such time as the aggregate of the amounts
deposited in the Fund is equal to $27,500,000, the Secretary of the
Treasury shall deposit into the Fund an amount equal to 25 percent of
the receipts from the deposits to the Treasury of the United States for
the preceding fiscal year from the Program.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States.
(d) Payment of Interest to Tribe.--
(1) Establishment of account and transfer of interest.--The
Secretary of the Treasury shall, in accordance with this
subsection, transfer any interest that accrues on amounts deposited
under subsection (b) into a separate account established by the
Secretary of the Treasury in the Treasury of the United States.
(2) Payments.--
(A) In general.--Beginning with the fiscal year immediately
following the fiscal year during which the aggregate of the
amounts deposited in the Fund is equal to the amount specified
in subsection (b), and for each fiscal year thereafter, all
amounts transferred under paragraph (1) shall be available,
without fiscal year limitation, to the Secretary of the
Interior for use in accordance with subparagraph (C).
(B) Withdrawal and transfer of funds.--For each fiscal year
specified in subparagraph (A), the Secretary of the Treasury
shall withdraw amounts from the account established under such
paragraph and transfer such amounts to the Secretary of the
Interior for use in accordance with subparagraph (C). The
Secretary of the Treasury may only withdraw funds from the
account for the purpose specified in this paragraph.
(C) Payments to tribe.--The Secretary of the Interior shall
use the amounts transferredunder subparagraph (B) only for the
purpose of making payments to the Tribe.
(D) Use of payments by tribe.--The Tribe shall use the
payments made under subparagraph (C) only for carrying out
projects and programs pursuant to the plan prepared under
section 5.
(3) Prohibition on per capita payments.--No portion of any
payment made under this subsection may be distributed to any member
of the Tribe on a per capita basis.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d)(1), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL PRESERVATION.
(a) Plan.--
(1) In general.--The Tribe shall, not later than 2 years after
the date of enactment of this Act, prepare a plan for the use of
the payments made to the Tribe under section 4(d)(2). In developing
the plan, the Tribe shall consult with the Secretary of the
Interior and the Secretary of Health and Human Services.
(2) Requirements for plan components.--The plan shall, with
respect to each component of the plan--
(A) identify the costs and benefits of that com- ponent;
and
(B) provide plans for that component.
(b) Content of Plan.--The plan shall include the following programs
and components:
(1) Educational facility.--The plan shall provide for an
educational facility to be located on the Crow Creek Indian
Reservation.
(2) Comprehensive inpatient and outpatient health care
facility.--The plan shall provide for a comprehensive inpatient and
outpatient health care facility to provide essential services that
the Secretary of Health and Human Services, in consultation with
the individuals and entities referred to in subsection (a)(1),
determines to be--
(A) needed; and
(B) unavailable through existing facilities of the Indian
Health Service on the Crow Creek Indian Reservation at the time
of the determination.
(3) Water system.--The plan shall provide for the construction,
operation, and maintenance of a municipal, rural, and industrial
water system for the Crow Creek Indian Reservation.
(4) Recreational facilities.--The plan shall provide for
recreational facilities suitable for high-density recreation at
Lake Sharpe at Big Bend Dam and at other locations on the Crow
Creek Indian Reservation in South Dakota.
(5) Other projects and programs.--The plan shall provide for
such other projects and programs for the educational, social
welfare, economic development, and cultural preservation of the
Tribe as the Tribe considers to be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as may be
necessary to carry out this Act, including such funds as may be
necessary to cover the administrative expenses of the Crow Creek Sioux
Tribe Infrastructure Development Trust Fund established under section
4.
SEC. 7. EFFECT OF PAYMENTS TO TRIBE.
(a) In General.--No payment made to the Tribe pursuant to this Act
shall result in the reduction or denial of any service or program to
which, pursuant to Federal law--
(1) the Tribe is otherwise entitled because of the status of
the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the Tribe.
(b) Exemptions; Statutory Construction.--
(1) Power rates.--No payment made pursuant to this Act shall
affect Pick-Sloan Missouri River basin power rates.
(2) Statutory construction.--Nothing in this Act may be
construed as diminishing or affecting--
(A) any right of the Tribe that is not otherwise addressed
in this Act; or
(B) any treaty obligation of the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 - Establishes in the Treasury the Crow Creek Sioux Tribe Infrastructure Development Trust Fund, which shall: (1) receive funds from the Missouri River basin Pick-Sloan program until a specified Fund aggregate is attained; and (2) be used for the socioeconomic recovery and cultural preservation of the Crow Creek Sioux Tribe (based upon a Tribe-developed plan). Authorizes appropriations. | {"src": "billsum_train", "title": "Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996"} | 2,355 | 103 | 0.565108 | 1.524709 | 0.812884 | 3.070588 | 25.141176 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonappropriated Fund Equity Act''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8332 of title 5, United States Code, is
amended by adding at the end the following:
``(p)(1) Subject to paragraph (2), upon application to the Office
of Personnel Management, any individual who is an employee or Member on
the date of the enactment of this subsection, and who has on such date
5 or more years of creditable civilian service under this section
(exclusive of service for which credit is allowed under this
subsection) shall be allowed credit for service performed, after
December 31, 1965, and before January 1, 1987, as an employee described
in section 2105(c).
``(2)(A) An employee or Member may, with respect to any period of
service for which such employee or Member is allowed credit under this
subsection, deposit to the credit of the Fund an amount equal to the
deductions from basic pay which would have been required under section
8334(a) if such service were service as an employee.
``(B) An employee or Member who makes the deposit described in
subparagraph (A) shall be allowed full retirement credit for the period
of service involved.
``(C) If an employee or Member does not make the deposit or makes
less than the full amount of the deposit described in subparagraph (A),
retirement credit shall be allowed, but the resulting annuity shall be
reduced in a manner similar to the method provided under section
8339(j)(3) to make up the amount of any deposit described in the second
sentence thereof. In no event shall the application of this
subparagraph cause an annuity to be less than it would have been if
this subsection had not been enacted.
``(D) For the purpose of survivor annuities, any deposit authorized
by subparagraph (A) may also be made by a survivor of an employee or
Member.
``(3) The Office shall accept the certification of the appropriate
Secretary or his designee concerning the service of, and the amount of
compensation received by, an employee or Member with respect to which
credit is sought under this subsection. For purposes of the preceding
sentence, the `appropriate Secretary' is--
``(A) the Secretary of Defense, to the extent that service
in or under the Department of Defense is involved; and
``(B) the Secretary of Transportation, to the extent that
service in or under the Coast Guard is involved.
``(4) An individual receiving credit for service for any period
under this subsection shall not be granted credit for such service
under any retirement system for employees of a nonappropriated fund
instrumentality.
``(5) An application for retirement credit under this subsection
may be submitted no later than 2 years after the effective date of the
regulations prescribed by the Office to carry out this subsection.''.
(b) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this Act and the amendment made by
subsection (a). Such regulations--
(1) shall take effect not later than 12 months after the
date of the enactment of this Act; and
(2) shall include provisions to provide for the application
of such amendment in the case of--
(A) any employee or Member (as defined by the
following sentence) who, upon separation (at the time
described in paragraph (1) or (2) of subsection (c)),
would otherwise be entitled to an annuity under chapter
84 of title 5, United States Code, that is partially
computed under subchapter III of chapter 83 of such
title; and
(B) any survivor of an employee or Member described
in subparagraph (A).
For purposes of this subsection, the terms ``employee'', ``Member'',
and ``survivor'' have the meanings set forth in section 8401 of such
title 5.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply only in the case
of any annuity entitlement which is based on a separation from
service occurring on or after the effective date of the
regulations prescribed under subsection (b).
(2) Limited exception for annuities based on separations
occurring after date of enactment and before effective date of
implementing regulations.--
(A) Recomputation requirement.--In the case of any
individual--
(i) who is entitled to an annuity
entitlement to which is based on a separation
from service occurring after the date of the
enactment of this Act and before the effective
date of the regulations prescribed under
subsection (b), and
(ii) whose annuity would be increased by
the application of section 8332(p) of title 5,
United States Code (as amended by subsection
(a)),
the Office of Personnel Management shall, upon receipt of an
appropriate application submitted before the deadline specified
in section 8332(p)(5) of such title 5 (as so amended),
recompute the amount of such annuity so as to take such section
8332(p) into account. In carrying out the preceding sentence,
any deposit timely made shall be treated as if it had been made
before the commencement date of the annuity involved.
(B) No payment for any earlier periods.--Any change
in an annuity resulting from a recomputation under
subparagraph (A) shall be payable only with respect to
amounts accruing for months beginning after the date on
which the application (referred to in subparagraph (A))
is received.
SEC. 3. NOTIFICATION AND ASSISTANCE.
(a) Notification.--The Office of Personnel Management shall take
such measures as it considers appropriate to inform individuals
entitled to have any service credited under section 8332(p) of title 5,
United States Code (as amended by section 2(a)), or to have any amounts
recomputed under section 2(c)(2), of their entitlement to such credit
or recomputation.
(b) Assistance From the Office of Personnel Management.--The Office
of Personnel Management shall, on request, assist any individual
referred to in subsection (a) in obtaining from any department, agency,
or other instrumentality of the United States such information in the
possession of such instrumentality as may be necessary to verify the
entitlement of such individual to have any service credited under
section 8332(p) of title 5, United States Code (as amended by section
2(a)) or to have any amounts recomputed under section 2(c)(2).
(c) Assistance From Other Agencies.--Any department, agency, or
other instrumentality of the United States which possesses any
information with respect to any service of an individual described in
section 8332(p) of title 5, United States Code (as amended by section
2(a)) shall--
(1) at the request of such individual (or an appropriate
survivor), furnish such information to that individual (or
survivor); and
(2) at the request of the Office of Personnel Management,
furnish such information to the Office. | Nonappropriated Fund Equity Act - Allows a federal employee or Member of Congress who has five or more years of creditable civilian service for purposes of civil service retirement on the date of enactment of this Act to receive credit for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987. | {"src": "billsum_train", "title": "To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes."} | 1,564 | 76 | 0.564988 | 1.448847 | 0.744278 | 4.421875 | 22.765625 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Enhancement Act of
2011''.
SEC. 2. PROGRAM OF OUTREACH TO VETERANS.
(a) Program Required.--The Secretary of Veterans Affairs shall
establish a program of outreach to veterans for the purpose described
in subsection (b).
(b) Purpose.--The purpose described in this subsection is to
increase the following:
(1) The access and use by veterans of Federal, State, and
local programs providing compensation and other benefits for
service in the Armed Forces.
(2) Awareness of such programs by veterans and their
eligibility for such programs.
(c) Duration.--The program required by subsection (a) shall be
carried out during the five-year period beginning on the date of the
enactment of this Act.
(d) Agreements To Carry Out Projects and Activities.--
(1) Agreements with federal and state agencies.--In
carrying out the program required by subsection (a), the
Secretary of Veterans Affairs may enter into agreements with
other Federal and State agencies to carry out projects under
the jurisdiction of such agencies to further the purpose
described in subsection (b).
(2) Agreements with applicable authorities and
commissions.--In carrying out the program required by
subsection (a), the Secretary may enter into agreements with
applicable authorities and commissions to provide technical
assistance, award grants, enter into contracts, or otherwise
provide amounts to persons or entities for projects and
activities that--
(A) increase outreach to, awareness by, and use by
veterans of programs described in subsection (b)(1);
(B) provide incentives for State and local
governments and veterans service organizations to
assist veterans in utilizing facilities and resources
available to veterans through the Department of
Veterans Affairs;
(C) provide incentives for State and local
governments and veterans service organizations to
assist veterans in utilizing resources available
through government and veterans service organizations
for veterans;
(D) educate communities and State and local
governments about the employment rights of veterans,
including the employment and reemployment of members of
the uniformed services under chapter 43 of title 38,
United States Code;
(E) provide technical assistance to businesses
owned by veterans; and
(F) encourage and assist nonprofit organizations,
businesses, and institutions of higher education to
carry out programs of assistance designed for veterans.
(3) Applicable authorities and commissions.--For purposes
of the program required by subsection (a), the applicable
authorities and commissions are the following:
(A) The Appalachian Regional Commission,
established under section 14301(a) of title 40, United
States Code.
(B) The Delta Regional Authority, established under
section 382B(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(a)).
(C) The Denali Commission, established under
section 303 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note).
(D) The Northern Great Plains Regional Authority,
established under section 383B(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009bb-1(a)).
(E) The Southeast Crescent Regional Commission, the
Southwest Border Regional Commission, and the Northern
Border Regional Commission established under section
15301(a) of title 40, United States Code.
(F) Entities described in subparagraph (G) that
serve Native Americans, Alaska Natives, or native
Hawaiians (as such terms are defined in section 3765 of
title 38, United States Code).
(G) Commissions and development boards that are--
(i) not chartered by the Federal
Government;
(ii) selected by the Secretary for purposes
of the program; and
(iii) located in areas that present
extraordinary challenges to veterans, as
determined by the Secretary, including the
following:
(I) Areas in severe economic
distress.
(II) Areas with underdeveloped
infrastructure.
(III) Areas with unusual geographic
characteristics, such as separation
from the mainland.
(e) Information, Advice, and Technical Assistance.--In carrying out
the program required by subsection (a), the Secretary of Veterans
Affairs may provide, or contract with public or private organizations
to provide, information, advice, and technical assistance to nonprofit
organizations that provide services to communities in order to increase
the number of veterans receiving such services.
(f) Coordination With Previously Authorized Pilot Program on Use of
Community-Based Organizations and Local and State Government Entities
for Outreach.--The Secretary may carry out the program required by
subsection (a) in coordination with the pilot program required by
section 506(a) of the Caregivers and Veterans Omnibus Health Services
Act of 2010 (Public Law 111-163; 124 Stat. 1160; 38 U.S.C. 523 note).
(g) Report on Outreach Activities of Department of Veterans
Affairs.--
(1) In general.--Not later than four years after the date
of the enactment of this Act, the Secretary shall submit to
Congress a comprehensive report on the activities of the
Department of Veterans Affairs regarding outreach to veterans.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of all of the activities of the
Department regarding outreach to veterans carried out
since the date of the enactment of this Act, including
the activities of the Department carried out under the
program required by subsection (a).
(B) An assessment of the effectiveness of the
activities described in subparagraph (A).
(h) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program required by subsection (a)--
(1) $7,000,000 for fiscal year 2011; and
(2) $35,000,000 for the period of fiscal years 2012 through
2016. | Veterans Outreach Enhancement Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to carry out a five-year program of outreach to veterans to increase: (1) their access and use of federal, state, and local programs providing compensation and other benefits for service in the Armed Forces; and (2) their awareness of and eligibility for such programs. Allows the Secretary, under the program, to enter into agreements with other federal and state agencies and specified authorities and commissions to carry out projects to further such purposes. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to carry out a program of outreach to veterans, and for other purposes."} | 1,279 | 108 | 0.698232 | 1.864332 | 1.367422 | 3.699029 | 11.893204 | 0.961165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nanotechnology in the Schools Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The rapidly growing field of nanotechnology is
generating scientific and technological breakthroughs that will
benefit society by improving the way many things are designed
and made.
(2) Nanotechnology is likely to have a significant,
positive impact on the security, economic well-being, and
health of Americans as fields related to nanotechnology expand.
(3) In order to maximize the benefits of nanotechnology to
individuals in the United States, the United States must
maintain world leadership in the field of nanotechnology,
including nanoscience and microtechnology, in the face of
determined competition from other nations.
(4) According to the National Science Foundation, foreign
students on temporary visas earned 32 percent of all science
and engineering doctorates awarded in the United States in
2003, the last year for which data is available. Foreign
students earned 55 percent of the engineering doctorates. Many
of these students expressed an intent to return to their
country of origin after completing their study.
(5) To maintain world leadership in nanotechnology, the
United States must make a long-term investment in educating
United States students in secondary schools and institutions of
higher education, so that the students are able to conduct
nanoscience research and develop and commercialize
nanotechnology applications.
(6) Preparing United States students for careers in
nanotechnology, including nanoscience, requires that the
students have access to the necessary scientific tools,
including scanning electron microscopes designed for teaching,
and requires training to enable teachers and professors to use
those tools in the classroom and the laboratory.
(b) Purpose.--The purpose of this Act is to strengthen the capacity
of United States secondary schools and institutions of higher education
to prepare students for careers in nanotechnology by providing grants
to those schools and institutions to provide the tools necessary for
such preparation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that is--
(A) a public or charter secondary school that
offers 1 or more advanced placement science courses or
international baccalaureate science courses;
(B) a community college, as defined in section 3301
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7011); or
(C) a 4-year institution of higher education or a
branch, within the meaning of section 498 of the Higher
Education Act of 1965 (20 U.S.C. 1099c), of such an
institution.
(2) Institution of higher education; secondary school;
secretary.--The terms ``institution of higher education'',
``secondary school'', and ``Secretary'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) Qualified nanotechnology equipment.--The term
``qualified nanotechnology equipment'' means equipment,
instrumentation, or hardware that is--
(A) used for teaching nanotechnology in the
classroom; and
(B) manufactured in the United States at least 50
percent from articles, materials, or supplies that are
mined, produced, or manufactured, as the case may be,
in the United States.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--The Director of the National Science Foundation
(referred to in this Act as the ``Director'') shall establish a
nanotechnology in the schools program to strengthen the capacity of
eligible institutions to provide instruction in nanotechnology. In
carrying out the program, the Director shall award grants of not more
than $150,000 to eligible institutions to provide such instruction.
(b) Activities Supported.--
(1) In general.--An eligible institution shall use a grant
awarded under this Act--
(A) to acquire qualified nanotechnology equipment
and software designed for teaching students about
nanotechnology in the classroom;
(B) to develop and provide educational services,
including carrying out faculty development, to prepare
students or faculty seeking a degree or certificate
that is approved by the State, or a regional
accrediting body recognized by the Secretary of
Education; and
(C) to provide teacher education and certification
to individuals who seek to acquire or enhance
technology skills in order to use nanotechnology in the
classroom or instructional process.
(2) Limitation.--
(A) Uses.--Not more than \1/4\ of the amount of the
funds made available through a grant awarded under this
Act may be used for software, educational services, or
teacher education and certification as described in
this subsection.
(B) Programs.--In the case of a grant awarded under
this Act to a community college or institution of
higher education, the funds made available through the
grant may be used only in undergraduate programs.
(c) Applications and Selection.--
(1) In general.--To be eligible to receive a grant under
this Act, an eligible institution shall submit an application
to the Director at such time, in such manner, and accompanied
by such information as the Director may reasonably require.
(2) Procedure.--Not later than 180 days after the date of
enactment of this Act, the Director shall establish a procedure
for accepting such applications and publish an announcement of
such procedure, including a statement regarding the
availability of funds, in the Federal Register.
(3) Selection.--In selecting eligible institutions to
receive grants under this Act, and encouraging eligible
institutions to apply for such grants, the Director shall, to
the greatest extent practicable--
(A) select eligible entities in geographically
diverse locations;
(B) encourage the application of historically Black
colleges and universities (meaning part B institutions,
as defined in section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061)) and minority institutions (as
defined in section 365 of such Act (20 U.S.C. 1067k));
and
(C) select eligible institutions that include
institutions located in States participating in the
Experimental Program to Stimulate Competitive Research
(commonly known as ``EPSCoR'').
(d) Matching Requirement and Limitation.--
(1) In general.--
(A) Requirement.--The Director may not award a
grant to an eligible institution under this Act unless
such institution agrees that, with respect to the costs
to be incurred by the institution in carrying out the
program for which the grant was awarded, such
institution will make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount equal to \1/4\ of the amount
of the grant.
(B) Waiver.--The Director shall waive the matching
requirement described in subparagraph (A) for any
institution with no endowment, or an endowment that has
a dollar value lower than $5,000,000, as of the date of
the waiver.
(2) Limitation.--
(A) Branches.--If a branch described in section
3(1)(C) receives a grant under this Act that exceeds
$100,000, that branch shall not be eligible, until 2
years after the date of receipt of the grant, to
receive another grant under this Act.
(B) Other eligible institutions.--If an eligible
institution other than a branch referred to in
subparagraph (A) receives a grant under this Act that
exceeds $100,000, that institution shall not be
eligible, until 2 years after the date of receipt of
the grant, to receive another grant under this Act.
SEC. 5. ANNUAL REPORT AND EVALUATION.
(a) Report by Institutions.--Each institution that receives a grant
under this Act shall prepare and submit a report to the Director, not
later than 1 year after the date of receipt of the grant, on its use of
the grant funds.
(b) Review and Evaluation.--
(1) Review.--The Director shall annually review the reports
submitted under subsection (a).
(2) Evaluation.--At the end of every third year, the
Director shall evaluate the program authorized by this Act on
the basis of those reports. The Director, in the evaluation,
shall describe the activities carried out by the institutions
receiving grants under this Act and shall assess the short-
range and long-range impact of the activities carried out under
the grants on the students, faculty, and staff of the
institutions.
(c) Report to Congress.--Not later than 6 months after conducting
an evaluation under subsection (b), the Director shall prepare and
submit a report to Congress based on the evaluation. In the report, the
Director shall include such recommendations, including recommendations
concerning the continuing need for Federal support of the program
carried out under this Act, as may be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to carry
out this Act $15,000,000 for fiscal year 2008, and such sums as may be
necessary for fiscal years 2009 through 2011. | Nanotechnology in the Schools Act - Requires the Director of the National Science Foundation to establish a nanotechnology in the schools program awarding grants to public or charter secondary schools offering advanced science courses and to institutions of higher education, for the purchase of nanotechnology equipment and software and the provision of nanotechnology education to students and teachers. | {"src": "billsum_train", "title": "A bill to strengthen the capacity of eligible institutions to provide instruction in nanotechnology."} | 1,946 | 71 | 0.608078 | 1.557242 | 0.834439 | 2.566667 | 30.35 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make It in America Block Grant
Program Act of 2011''.
SEC. 2. ESTABLISHMENT OF MAKE IT IN AMERICA BLOCK GRANT PROGRAM.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Commerce shall establish a Make It in America Block
Grant Program (in this Act referred to as the ``program''), under which
the Secretary is authorized to make grants to support the manufacturing
industry.
SEC. 3. GRANTS.
(a) Grant Uses.--A grant made by the Secretary of Commerce under
the program shall be used by the recipient of the grant to assist,
through grants made to third parties, any of the following activities:
(1) Retooling or retrofitting a small- or medium-sized
manufacturer, including with respect to equipment, facilities,
infrastructure, or capital.
(2) Diversifying the business plan of a small- or medium-
sized manufacturer to advance the production of clean energy
technology products or components, energy efficient products or
components, high-technology products or components, or other
advanced products (as defined by the Secretary).
(3) Improving the energy efficiency of a manufacturing
facility of a small- or medium-sized manufacturer.
(4) Retraining the employees of a small- or medium-sized
manufacturer to--
(A) provide skills necessary to operate new or
advanced manufacturing equipment; or
(B) sustain or improve the processes of that
manufacturer.
(5) Training new employees of a small- or medium-sized
manufacturer, including through on-the-job training.
(6) Providing capital and technical expertise to a small-
or medium-sized manufacturer to expand the export opportunities
of that manufacturer.
(7) Any other project that the Secretary determines is
appropriate to support the manufacturing industry, including
the establishment of a revolving loan fund to provide loans to
small- or medium-sized manufacturers to finance the costs of
activities described in paragraphs (1) through (6).
(b) Eligible Entities.--
(1) In general.--The following entities are eligible to
receive a grant under the program:
(A) A State meeting the requirements of paragraph
(2).
(B) A covered unit of local government meeting the
requirements of paragraph (2).
(C) An Indian tribe meeting the requirements of
paragraph (2).
(D) A State, unit of local government, Indian
tribe, or consortium of such entities without regard to
whether the requirements of paragraph (2) are met.
(2) Unemployment.--An entity meets the requirements of this
paragraph if--
(A) the entity experienced a seasonally adjusted
unemployment rate of at least 10 percent for any 6
consecutive months during the period beginning on
January 1, 2007, and ending on December 31, 2010 (as
determined by the Secretary of Commerce in consultation
with the Secretary of Labor); or
(B) the entity experienced a cumulative decline in
employment in the manufacturing sector greater than or
equal to 15 percent during the period beginning on
January 1, 2007, and ending on December 31, 2010 (as
determined by the Secretary of Commerce in consultation
with the Secretary of Labor).
(c) Allocation of Grant Funds.--In making grants each fiscal year,
the Secretary may--
(1) use not more than 48 percent of the amounts made
available for grants under the program that fiscal year to make
grants to entities described in subsection (b)(1)(A);
(2) use not more than 48 percent of the amounts made
available for grants under the program that fiscal year to make
grants to entities described in subsection (b)(1)(B);
(3) use not more than 2 percent of the amounts made
available for grants under the program that fiscal year to make
grants to entities described in subsection (b)(1)(C); and
(4) use not more than 2 percent of the amounts made
available for grants under the program that fiscal year to make
grants to entities described in subsection (b)(1)(D).
(d) Priority for Certain Entities.--In providing grants to entities
described in subsection (b)(1)(D), the Secretary shall give priority to
an entity that experienced a seasonally adjusted unemployment rate that
was at least 97 percent of the national seasonally adjusted
unemployment rate for any 3 consecutive months during the most recently
completed fiscal year.
(e) Prohibition on Grants to Certain Covered Units of Local
Government.--A covered unit of local government may not receive a grant
under the program if located within a State that has received a grant
under the program.
SEC. 4. REQUIREMENTS FOR GRANT RECIPIENTS.
(a) Application Process.--To receive a grant under the program, an
entity eligible for a grant under section 3(b) shall submit to the
Secretary of Commerce an application at such time, in such manner, and
containing such information as the Secretary may require, but which
shall include at least the plan of that entity to carry out, through
grants made to third parties, an activity described in section 3(a).
(b) Proposed Manufacturing Enhancement Strategy.--Not later than 6
months after the date on which an entity eligible for a grant under
section 3(b) receives notice that it has been awarded a grant under the
program, the entity shall submit to the Secretary a proposed
manufacturing enhancement strategy, which shall include--
(1) a description of the plans of the entity to make grants
to third parties with grant funds;
(2) a description of the goals with respect to such grants,
including--
(A) the number of jobs to be created or retained by
third-party grant recipients;
(B) the sales to be increased or retained by third-
party grant recipients;
(C) the cost savings to be achieved by third-party
grant recipients due to energy efficiency savings; and
(D) the workforce training investments to be made
by third-party grant recipients, including--
(i) the number of training hours to be
provided;
(ii) the professional certifications to be
obtained; and
(iii) other industry standards to be met
that demonstrate the attainment of proficiency
with respect to a skill or procedure;
(3) a written assurance that the entity intends to
establish a Make It in America Partnership Board--
(A) to make grants to third parties; and
(B) which shall be comprised of, to the extent
practicable, representatives of--
(i) economic development organizations and
agencies;
(ii) departments of labor;
(iii) workforce investment boards and
agencies;
(iv) institutions of higher education,
including community colleges run by a State;
and
(v) the manufacturing extension partnership
program of the National Institute of Standards
and Technology; and
(4) a description of the plans of the entity to foster,
through the Make It in America Partnership Board, collaboration
between State and local economic development organizations and
agencies, State and local workforce development organizations
and agencies, small- or medium-sized manufacturers, and
institutions of higher education (including community colleges
run by a State) to--
(A) improve resource allocation, including through
identification of--
(i) opportunities to leverage public and
private funding; and
(ii) Federal funding and programs available
to small- or medium-sized manufacturers; and
(B) ensure comprehensive counseling, technical
assistance, workforce development, and export
assistance are provided to small- or medium-sized
manufacturers.
(c) Approval of Proposed Manufacturing Enhancement Strategies.--
(1) In general.--The Secretary shall approve or disapprove
a proposed manufacturing enhancement strategy submitted under
subsection (b) not later than 90 days after the date on which
the Secretary receives such strategy.
(2) Disbursement of grant funds prohibited without
approval.--The Secretary shall not disburse to an entity
awarded a grant under the program the grant funds relating to
that grant until the proposed manufacturing enhancement
strategy of that entity has been approved by the Secretary.
(3) Opportunity for resubmission.--If the Secretary does
not approve a proposed manufacturing enhancement strategy
submitted under subsection (b), the Secretary shall provide to
the entity that submitted the strategy--
(A) the reasons for disapproval; and
(B) an opportunity to revise and resubmit the
strategy until such strategy is approved.
(d) Local Governments.--In developing a proposed manufacturing
enhancement strategy under subsection (b), a covered unit of local
government shall share information relating to potential grant
activities with the State that includes that government to ensure the
maximization of resources made available to small- or medium-sized
manufacturers.
(e) Administrative Expenses.--With respect to a grant, a grant
recipient may use for the administrative expenses of the recipient an
amount that is not more than the greater of--
(1) 10 percent of the grant amount received; or
(2) $75,000.
(f) Annual Reports.--Not later than one year after the date on
which grant funds are received by a grant recipient under the program,
and annually thereafter, the grant recipient shall submit to the
Secretary a report describing--
(1) grants made by the grant recipient to third parties
with grant funds; and
(2) achievements with respect to the goals identified in
the proposed manufacturing enhancement strategy of the grant
recipient.
SEC. 5. STATE AND LOCAL ADVISORY COMMITTEE.
The Secretary of Commerce shall establish an advisory committee to
advise the Secretary with respect to implementing and evaluating the
program, which shall be comprised of--
(1) individuals representing State and local entities;
(2) the Secretary of Labor; and
(3) other individuals determined appropriate for inclusion
by the Secretary.
SEC. 6. REVIEW AND EVALUATION.
(a) Grant Recipients.--The Secretary of Commerce may review and
evaluate the performance of a grant recipient under the program as the
Secretary determines appropriate.
(b) Ineligibility for Future Grants.--The Secretary may determine a
grant recipient to be ineligible to receive additional grants under the
program if the Secretary determines that the grant recipient has failed
to achieve compliance with--
(1) any applicable guideline or regulation of the Secretary
relating to the program, including with respect to the misuse
or misappropriation of funds provided under the program; or
(2) the proposed manufacturing enhancement strategy of the
grant recipient.
SEC. 7. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General shall conduct a study on the
program, which shall include an analysis of--
(1) grants made by the Secretary of Commerce under the
program;
(2) grants made to third parties by the recipients of
grants made by the Secretary under the program;
(3) outcomes relating to proposed manufacturing enhancement
strategies submitted to the Secretary;
(4) administrative costs relating to the program;
(5) activities of the Secretary, the recipients of grants
made by the Secretary, and third party grant recipients under
the program, including whether the activities of those entities
are accomplishing the purposes of this Act; and
(6) other information determined appropriate by the
Comptroller General for assessing the performance and financial
accountability of the program.
(b) Report.--Not later than 2 years after the date on which the
Secretary makes the first grant under the program, and every 2 years
thereafter, the Comptroller General shall submit to Congress a report
describing the results of the study conducted under subsection (a),
which shall include any recommendations the Comptroller General
determines are appropriate for modifying the program.
(c) Access to Records.--
(1) In general.--For purposes of conducting the study under
subsection (a), the Comptroller General, and any duly
authorized representative of the Comptroller General, shall be
permitted to access, examine, and copy any documents, records,
and other recorded information--
(A) within the possession or control of--
(i) the recipient of a grant made by the
Secretary under the program; or
(ii) the recipient of a grant made by an
entity described in clause (i) with grant
funds; and
(B) determined by the Comptroller General, or the
duly authorized representative of the Comptroller
General, to be relevant to the study.
(2) Proprietary information.--The Comptroller General may
not make proprietary information obtained under this section
available to the public without the consent of the party to
whom the information belongs.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Covered unit of local government.--The term ``covered
unit of local government'' means a unit of a government of--
(A) a municipality--
(i) with a population of at least 50,000
individuals; or
(ii) with a population that is less than
50,000 individuals, but that is one of the 10
largest municipalities by population in the
State including that municipality; or
(B) a county--
(i) with a population of at least 200,000
individuals; or
(ii) with a population that is less than
200,000 individuals, but that is one of the 10
largest counties by population in the State
including that county.
(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) Manufacturer.--The term ``manufacturer'' shall be
defined by the Secretary of Commerce in accordance with the
North American Industry Classification System.
(4) Small- or medium-sized manufacturer.--The term ``small-
or medium-sized manufacturer'' means a manufacturer that, as
determined by the Secretary of Commerce--
(A) employs not more than 500 full-time equivalent
employees at a manufacturing facility; and
(B) is not owned or controlled by an automobile
manufacturer or other large manufacturer.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and any territory or possession of
the United States.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce for making grants under the program such sums as
may be necessary.
(b) Administrative Expenses.--There are authorized to be
appropriated to the Secretary for administrative expenses relating to
the program such sums as may be necessary.
(c) Sense of Congress.--It is the sense of Congress that amounts
made available to carry out the program should supplement and not
replace other funding provided by Federal departments and agencies to
support the manufacturing industry. | Make It in America Block Grant Program Act of 2011 - Directs the Secretary of Commerce to establish a Make It in America Block Grant Program under which the Secretary is authorized to make grants to eligible entities to support the U.S. manufacturing industry. Allows such grants to be used, with respect to small and medium-sized manufacturers, for: (1) retooling or retrofitting, (2) business plan diversification, (3) improving energy efficiency, (4) employee training and retraining, and (5) the provision of capital and technical expertise. Outlines provisions concerning eligible entities, the allocation of grant funds, and requirements for grant recipients, including the submission of a proposed manufacturing enhancement strategy.
Directs the Secretary to establish an advisory committee for advice in implementing and evaluating the program. Authorizes the Secretary to review and evaluate recipient performance under the program. Requires the Comptroller General to study the program, and report study results to Congress.
Expresses the sense of Congress that program amounts should supplement and not replace other funding provided by federal departments and agencies to support the manufacturing industry. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to establish a Make It in America Block Grant Program, and for other purposes."} | 3,119 | 229 | 0.629515 | 1.930233 | 0.959326 | 3.471154 | 14.427885 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Opportunity and Business
Stability Act of 2009''.
SEC. 2. CREDIT FOR SMALL BUSINESSES THAT INCREASE EMPLOYMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. CREDIT FOR SMALL BUSINESSES THAT INCREASE EMPLOYMENT.
``(a) General Rule.--In the case of an eligible small business
employer, the increased small business employment credit determined
under this section shall be--
``(1) for any taxable year beginning in 2010, an amount
equal to 15 percent of the excess of--
``(A) the aggregate wages paid during 2010, over
``(B) 102 percent of the aggregate wages paid
during 2009, and
``(2) for any taxable year beginning in 2011, an amount
equal to 10 percent of the excess of--
``(A) the aggregate wages paid during 2011, over
``(B) 102 percent of the aggregate wages paid
during 2010.
``(b) Minimum Preceding Year Wages.--For purposes of subsection
(a)--
``(1) the amount taken into account under paragraph (1)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (1)(A) thereof, and
``(2) the amount taken into account under paragraph (2)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (2)(A) thereof.
``(c) Total Wages Must Increase.--The amount of credit determined
under this section for any taxable year shall not exceed the amount
which would be so determined for such year (without regard to
subsection (b)) if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) `105 percent' were substituted for `102 percent' in
the appropriate subparagraph of subsection (a).
``(d) Eligible Small Business Employer.--For purposes of this
section, the term `eligible small business employer' means, with
respect to any taxable year, any employer if--
``(1) such employer employed an average of less than 20
employees on business days during the preceding taxable year,
and
``(2) such employer (and any predecessor) met the gross
receipts test of section 448(c) for the preceding taxable year.
``(e) Wages.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
term `wages' has the meaning given to such term by section
3121(a) with respect to the tax imposed by section 3101(a).
``(2) Railway labor.--In the case of remuneration subject
to the tax imposed by 3201(a), the term `wages' means so much
of compensation (as defined in section 3231(e)) for the
calendar year as does not exceed the contribution and benefit
base determined under section 230 of the Social Security Act
for such calendar year.
``(f) Certain Rules To Apply.--Rules similar to the following rules
shall apply for purposes of this section:
``(1) Section 51(f) (relating to remuneration must be for
trade or business employment).
``(2) Section 51(k) (relating to treatment of successor
employers; treatment of employees performing services for other
persons).
``(3) Subsections (a) and (b) of section 52 (relating to
controlled groups).
``(g) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45R(a),'' after ``45P(a),''.
(c) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (34), by striking the
period at the end of paragraph (35) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(36) in the case of an eligible small business employer
(as defined in section 45R(e)), the increased small business
employment credit determined under section 45R(a).''.
(2) Deduction for certain unused business credits.--
Subsection (c) of section 196 of such Code is amended by
striking ``and'' at the end of paragraph (12), by striking the
period at the end of paragraph (13) and inserting ``, and'',
and by adding after paragraph (13) the following new paragraph:
``(14) the increased small business employment credit
determined under section 45R(a).''.
(d) Credit To Be Refundable.--Subsection (c) of section 38 of such
Code (relating to limitation based on amount of tax) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Special rules for increased small business employment
credit.--In the case of the credit determined under section
45R--
``(A) this section and section 39 shall be applied
separately with respect to such credit, and
``(B) in applying paragraph (1) to such credit--
``(i) the tentative minimum tax shall be
treated as being zero, and
``(ii) the limitation under paragraph (1)
(as modified by clause (i)) shall be reduced by
the credit allowed under subsection (a) for the
taxable year (other than the credit determined
under section 45R), and
``(iii) the amount of the credit determined
under section 45R in excess of the limitation
under paragraph (1) (as modified by clause
(ii)) shall be treated as a credit under
subpart C.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Credit for small businesses that increase employment.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(g) Public Information Campaign.--The Secretary of the Treasury (or
the Secretary's delegate) shall undertake a public information campaign
to make employers aware of the credit added by this Act.
(h) Study To Provide Comparable Benefits to Nonprofit
Organizations.--The Secretary of the Treasury (or the Secretary's
delegate) shall conduct a study on ways to provide benefits to
nonprofit organizations which are comparable to the credit added by the
Act. The results of such study shall be submitted to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate not later than 90 days after the date of the
enactment of this Act. | Jobs Opportunity and Business Stability Act of 2009 - Amends the Internal Revenue Code to allow certain small business owners with fewer than 20 employees and annual gross receipts not exceeding $5,000,000 a refundable tax credit for increasing their payrolls in 2010 and 2011 by specified percentages.
Directs the Secretary of the Treasury to study and report to Congress on ways to provide benefits to nonprofit organizations that are comparable to the tax credit provided by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow small businesses a credit against income tax for increasing employment."} | 1,685 | 93 | 0.516011 | 1.143782 | 0.262525 | 2.134146 | 19.182927 | 0.792683 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Management
Restructuring Act of 2005''.
SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.
(a) Establishment and Succession.--Section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Deputy
Secretary'' and inserting ``Deputy Secretaries'';
(B) by striking paragraph (7);
(C) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(D) by striking paragraph (1) and inserting the
following:
``(1) A Deputy Secretary of Homeland Security.
``(2) A Deputy Secretary of Homeland Security for
Management.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Vacancy in office of secretary.--
``(A) Deputy secretary.--In case of a vacancy in
the office of the Secretary, or of the absence or
disability of the Secretary, the Deputy Secretary of
Homeland Security may exercise all the duties of that
office, and for the purpose of section 3345 of title 5,
United States Code, the Deputy Secretary of Homeland
Security is the first assistant to the Secretary.
``(B) Deputy secretary for management.--When by
reason of absence, disability, or vacancy in office,
neither the Secretary nor the Deputy Secretary of
Homeland Security is available to exercise the duties
of the office of the Secretary, the Deputy Secretary of
Homeland Security for Management shall act as
Secretary.
``(2) Vacancy in office of deputy secretary.--In the case
of a vacancy in the office of the Deputy Secretary of Homeland
Security, or of the absence or disability of the Deputy
Secretary of Homeland Security, the Deputy Secretary of
Homeland Security for Management may exercise all the duties of
that office.
``(3) Further order of succession.--The Secretary may
designate such other officers of the Department in further
order of succession to act as Secretary.''.
(b) Responsibilities.--Section 701 of the Homeland Security Act of
2002 (6 U.S.C. 341) is amended--
(1) in the section heading, by striking ``under secretary''
and inserting ``deputy secretary of homeland security'';
(2) in subsection (a)--
(A) by inserting ``The Deputy Secretary of Homeland
Security for Management shall serve as the Chief
Management Officer and principal advisor to the
Secretary on matters related to the management of the
Department, including management integration and
transformation in support of homeland security
operations and programs.'' before ``The Secretary'';
(B) by striking ``Under Secretary for Management''
and inserting ``Deputy Secretary of Homeland Security
for Management'';
(C) by striking paragraph (7) and inserting the
following:
``(7) Strategic planning and annual performance planning
and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(D) by striking paragraph (9), and inserting the
following:
``(9) The integration and transformation process, to ensure
an efficient and orderly consolidation of functions and
personnel to the Department, including the development of a
management integration strategy for the Department.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''; and
(B) in paragraph (2), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''.
(c) Appointment, Evaluation, and Reappointment.--Section 701 of the
Homeland Security Act of 2002 (6 U.S.C. 341), as amended by this Act,
is further amended by adding at the end the following:
``(c) Appointment, Evaluation, and Reappointment.--The Deputy
Secretary of Homeland Security for Management--
``(1) shall be appointed by the President, by and with the
advice and consent of the Senate, from among persons who have--
``(A) extensive executive level leadership and
management experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and
complex organizations; and
``(D) a proven record in achieving positive
operational results;
``(2) shall serve for a term of 5 years, but may be removed
by the Secretary of Homeland Security based upon an
unsatisfactory annual determination under paragraph (5);
``(3) may be reappointed in accordance with paragraph (1),
if the Secretary has made a satisfactory determination under
paragraph (5) for the 3 most recent performance years;
``(4) shall enter into a publicly available annual
performance agreement with the Secretary that shall set forth
measurable individual and organizational goals; and
``(5) shall be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each such
evaluation whether the Deputy Secretary of Homeland Security
for Management has made satisfactory progress toward achieving
the goals set out in the performance agreement required under
paragraph (4).''.
(d) Incumbent.--The individual who serves in the position of Under
Secretary for Management of the Department of Homeland Security on the
date of enactment of this Act--
(1) may perform all the duties of the Deputy Secretary of
Homeland Security for Management at the pleasure of the
President, until a Deputy Secretary of Homeland Security for
Management is appointed in accordance with subsection (c) of
section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341), as added by this Act; and
(2) may be appointed Deputy Secretary of Homeland Security
for Management, if such appointment is otherwise in accordance
with sections 103 and 701 of the Homeland Security Act of 2002
(6 U.S.C. 113 and 341), as amended by this Act.
(e) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Under Secretary for Management of the Department of
Homeland Security shall be deemed to refer to the Deputy Secretary of
Homeland Security for Management.
(f) Technical and Conforming Amendments.--
(1) Other reference.--Section 702(a) of the Homeland
Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking
``Under Secretary for Management'' and inserting ``Deputy
Secretary of Homeland Security for Management''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
amended by striking the item relating to section 701 and
inserting the following:
``Sec. 701. Deputy Secretary of Homeland Security for
Management.''.
(3) Executive schedule.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating to
the Deputy Secretary of Homeland Security the following:
``Deputy Secretary of Homeland Security for Management.''. | Homeland Security Management Restructuring Act of 2005 - Amends the Homeland Security Act to establish a Deputy Secretary of Homeland Security for Management, appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management of the Department. | {"src": "billsum_train", "title": "A bill to establish a Deputy Secretary of Homeland Security for Management, and for other purposes."} | 1,598 | 73 | 0.624758 | 1.410156 | 0.492416 | 5.230769 | 23.138462 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Reclamation Projects
Indebtedness Purchase Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``public agency'' means a State agency or
political subdivision of the State of Texas created under the
laws of the State of Texas or home rule city created under the
laws of the State of Texas;
(2) the term ``Secretary'' means the Secretary of the
Interior;
(3) the term ``present value'' means the calculation of the
present value of the unpaid indebtedness of the project, as
defined by the project repayment schedule, discounted at the
United States Treasury rates on the date of purchase contract
execution;
(4) the term ``project'' or ``projects'' means the projects
identified in section 4 of this Act and includes all features,
functions, and property, real and personal, as authorized by
Congress for any project in Texas constructed by the Bureau of
Reclamation pursuant to Federal Reclamation laws (the Act of
June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or
supplementary thereto);
(5) the term ``non-Federal mitigation costs'' means costs
or expenses incurred by the State of Texas or public agency,
whether paid directly or incurred as a reduction of anticipated
project benefits, not otherwise included as costs to be repaid
to the Federal Government, to mitigate environmental impacts of
the project pursuant to law; and
(6) the term ``current contracting party'' means the public
agency which has contracted with the United States for
repayment of the indebtedness of the project.
SEC. 3. AGREEMENT FOR THE SALE OF INDEBTEDNESS OF BUREAU OF RECLAMATION
PROJECTS IN TEXAS.
The Secretary shall enter into an agreement with the current
contracting party, or in the alternative, a public agency of the State
of Texas, within six months after the enactment of this Act, for the
purchase of the projects, whether individual or more than one,
according to the following conditions:
(1) The purchase price shall be the payment to the United
States of monies equal to the present value of the individual
projects which the State of Texas desires to purchase.
(2) For projects with identified liabilities, and projects
where actual benefits are less than those projected at the time
of project authorization, the purchase price shall be
discounted to the extent of the identified liability or
unrealized benefits, as determined by the State of Texas.
(3) For projects that the Bureau of Reclamation is
obligated to pay a portion of maintenance and operating
expenses or payments in lieu of taxes, the purchase price shall
be discounted at an amount equal to the Bureau of Reclamations'
anticipated payment for the next 50 years.
(4) For projects in which the State of Texas or the public
agency of the State of Texas assume the responsibility for
implementation of Federal nonreimbursable aspects of the
project or projects with non-Federal mitigation costs, the
purchase price shall be reduced to reflect the additional
obligations undertaken or costs incurred.
(5) When the purchase price is paid, the Secretary shall
convey to the State of Texas, or the public agency of the State
of Texas, all right, title, and interest of the United States
to all land and all improvements to the project or projects.
Interests may be retained by the United States to the limited
extent those interests must be maintained to implement
remaining Federal programs described in paragraph (9).
(6) The State of Texas, or the public agency of the State
of Texas, shall assume all liability for operation and
maintenance of the purchased project or projects.
(7) The United States shall provide for the performance of
work reasonably necessary to provide for the delivery of such
project or projects, including all facilities and property, in
a reasonably safe and functional condition and in accordance
with good maintenance standards.
(8) Upon completion of full payment of the purchase price
described in this section and the transfer of a project, the
State of Texas, or the public agency of the State of Texas,
shall be relieved from compliance with the acreage limitations
and other requirements of Reclamation law, and the project
beneficiaries shall not thereafter be eligible to receive
reclamation benefits available pursuant to the Act of June 17,
1902 (32 Stat. 388), and Acts amendatory thereof or
supplementary thereto, unless otherwise authorized by Congress.
(9) Upon completion of purchase, the State of Texas, or the
public agency of the State of Texas, will assume sole
responsibility and liability for the project or projects
purchased (or portion thereof) as of the date of conveyance of
title and the State of Texas, or the public agency of the State
of Texas, will hold the United States harmless and indemnify
the United States against any and all claims of damage, except
to the extent any title or aspect of project operations has
been retained by the United States, and the State of Texas, or
the public agency of the State of Texas, will be relieved from
any obligation to comply with reclamation rules or regulation
applicable to reclamation projects.
(10) The State of Texas, or the public agency of the State
of Texas, must assume responsibility for continued
implementation of all nonreimbursable aspects of the project
originally authorized by Congress. Existing programs of the
National Park Service and Corps of Engineers associated with
specific projects shall not be affected by the transfer.
SEC. 4. PROJECTS AND PURCHASE PRICE.
The projects for which the Secretary shall execute agreements, and
the price which public agencies or the State of Texas shall pay for
such projects, based upon the provisions of section 3, are:
(1) Canadian River Project authorized by the Act of
Congress approved December 29, 1950 (Public Law 81-898), in the
amount of $21,187,881. Title to portions of the project owned
by the National Park Service, and portions required for flood
control operation by the United States Army Corp of Engineers,
shall not be transferred.
(2) Palmetto Bend Project, Texas, authorized by Act of
Congress approved October 12, 1968 (Public Law 90-562), in the
amount of $33,923,245.
(3) Nueces River Reclamation Project, authorized by the Act
of Congress approved October 27, 1974 (Public Law 93-493), in
the amount of $30,715,367.
SEC. 5. COMPLIANCE WITH CURRENT LAW.
(a) The assumption of Federal nonreimbursable responsibility by the
current contracting authority or the State of Texas, or public agency
of the State of Texas, is in compliance with the National Environmental
Policy Act of 1969 and project purchase review shall not be required
pursuant thereto.
(b) Section 213(c) of the Reclamation Reform Act of 1982 (43 U.S.C.
3(c)) shall not apply to the projects covered by this Act. | Texas Reclamation Projects Indebtedness Purchase Act - Directs the Secretary of the Interior to enter into an agreement with the Texas public agency which has contracted with the United States for repayment of specified Bureau or Reclamation projects in Texas, or another Texas public agency, for the purchase of such projects under specified conditions. Identifies the affected projects as the Canadian River, Palmetto Bend, and Nueces River Reclamation projects.
Provides that the assumption of Federal nonreimbursable responsibility by the contracting party is in compliance with the National Environmental Policy Act of 1969 and project purchase review shall not be required. | {"src": "billsum_train", "title": "Texas Reclamation Projects Indebtedness Purchase Act"} | 1,468 | 135 | 0.557937 | 1.624378 | 0.622781 | 4.311927 | 13.183486 | 0.93578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meningococcal Vaccination Act of
2004''.
SEC. 2. VACCINATION REQUIREMENTS.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 485C (20 U.S.C. 1092c) the following new
section:
``SEC. 485D. VACCINATION REQUIREMENTS.
``(a) Definitions.--As used in this section:
``(1) The term `enrolled' means having registered for a
credit or noncredit course.
``(2) The term `postsecondary institution' means a school
of post-secondary education that generally limits enrollment to
graduates of secondary schools and awards degrees at the
associate, baccalaureate, or graduate level.
``(3) The term `meningococcal vaccination' means receipt of
the vaccine protecting against at least the four serogroups of
A, C, Y, and W-135 of meningococcal disease within the 3 years
preceding the date on which the individual moves into on-campus
student housing.
``(4) The term `on-campus student housing' means housing
provided to individuals, regardless of the fee, that is owned,
rented, or contracted for and operated by a postsecondary
institution, or through written agreement, with an agent of the
postsecondary institution.
``(b) Required Meningococcal Vaccination.--Except as provided in
subsection (c), an individual enrolled in a postsecondary institution
living in on-campus student housing shall--
``(1) obtain a meningococcal vaccination; and
``(2) submit written documentation to the postsecondary
institution from a health care professional or clinic of
receipt of a meningococcal vaccination.
``(c) Notification of Required Meningococcal Vaccination.--A
postsecondary institution shall--
``(1) inform an individual or the parent or guardian of an
individual younger than 18 years old of the requirement for
meningococcal vaccination at the time the individual--
``(A) is accepted for admission to a postsecondary
institution; or
``(B) registers for classes, if the individual is
not required to apply for admission before registering
for courses;
``(2) include notice of the requirement for meningococcal
vaccination in--
``(A) admission acceptance information;
``(B) student health-related information and
materials;
``(C) resident life information and materials;
``(D) the student handbook; and
``(E) the college catalog; and
``(3) provide detailed information to an individual who
resides or may reside in on-campus student housing or the
parent or guardian of an individual younger than 18 years old
who resides or may reside in on-campus student housing
concerning--
``(A) the risks associated with meningococcal
disease; and
``(B) the availability and effectiveness of
meningococcal vaccine.
``(d) Exemption From Meningococcal Vaccination Requirement.--
``(1) Adults.--An individual 18 years old or older is
exempt from the meningococcal vaccination requirement under
section 3 if the individual presents to the postsecondary
institution a signed written waiver in the form required by
section 6 stating that the individual has--
``(A) received and reviewed the information
specified in section 4; and
``(B) chosen not to obtain the meningococcal
vaccination.
``(2) Minors.--An individual younger than 18 years old is
exempt from the meningococcal vaccination requirement under
section 3 if a signed written waiver in the form required by
section 6 is presented to the postsecondary institution on
behalf of the individual stating that a parent or guardian of
the individual has--
``(A) received and reviewed the information
specified in section 4; and
``(B) chosen not to have the individual obtain the
meningococcal vaccination.
``(e) Waiver Form.--
``(1) Adults.--A waiver form for an individual 18 years old
or older shall--
``(A) state that the individual--
``(i) is 18 years old or older;
``(ii) has received and reviewed the
information provided by the postsecondary
institution on the risk of meningococcal
disease and the availability and effectiveness
of meningococcal vaccine; and
``(iii) chooses to waive the receipt of
meningococcal vaccine; and
``(B) provide spaces for the--
``(i) printed name of the individual;
``(ii) signature of the individual; and
``(iii) date.
``(2) Minors.--A waiver form for an individual younger than
18 years old shall--
``(A) state that--
``(i) the individual is younger than 18
years old;
``(ii) the parent or guardian of the
individual has received and reviewed the
information provided by the postsecondary
institution on the risk of meningococcal
disease and the availability and effectiveness
of meningococcal vaccine; and
``(iii) the parent or guardian of the
individual chooses to waive the receipt of
meningococcal vaccine for the individual; and
``(B) provide spaces for the--
``(i) printed name of the individual;
``(ii) printed name of the parent or
guardian;
``(iii) signature of the parent or
guardian; and
``(iv) date.
``(f) Payment for Inoculation.--Nothing in this section shall be
construed to require a postsecondary institution or a local public
health agency to provide or pay for a meningococcal vaccination.''. | Meningococcal Vaccination Act of 2004 - Amends the Higher Education Act of 1965 to require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations. | {"src": "billsum_train", "title": "To require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations."} | 1,349 | 53 | 0.603734 | 1.455848 | 0.713591 | 2.764706 | 33.794118 | 0.823529 |
SECTION 1. ACCREDITED LENDERS PROGRAM.
Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.) is amended by inserting after section 504 the following new
section:
``SEC. 504A. ACCREDITED LENDERS PROGRAM.
``(a) In General.--The Administration shall establish an Accredited
Lenders Program for qualified State or local development companies that
meet the requirements of subsection (b).
``(b) Designation of Accredited Lenders.--The Administration shall
designate a qualified State or local development company as an
accredited lender if such company--
``(1) demonstrates adequate knowledge of applicable laws
and regulations concerning the guaranteed loan program under
section 504;
``(2) demonstrates proficiency in meeting the requirements
of such guaranteed loan program; and
``(3) meets such other requirements as the Administration
may prescribe by regulation.
``(c) Expedited Processing.--The Administration may expedite the
processing of any loan application or servicing action submitted by a
qualified State or local development company that has been designated
as an accredited lender in accordance with subsection (b).
``(d) Suspension or Revocation of Designation.--The designation of
a qualified State or local development company as an accredited lender
shall be suspended or revoked if the Administration determines that--
``(1) the development company is not adhering to the
Administration's rules and regulations or is violating any
other applicable provision of law; or
``(2) the loss experience of the development company is
excessive as compared to other lenders;
but such suspension or revocation shall not affect any outstanding loan
guarantee.
``(e) Definition.--For purposes of this section, the term
`qualified State or local development company' has the same meaning as
in section 503(e).
``(f) Regulations.--The Administration shall promulgate such
regulations as may be necessary to carry out this section.''.
SEC. 2. ACCREDITED LOAN PACKAGERS PILOT PROGRAM.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following new paragraph:
``(22) Accredited loan packagers pilot program.--
``(A) In general.--The Administration shall
establish an Accredited Loan Packagers Pilot Program
(hereafter in this paragraph referred to as the
`Program') for loan packagers, which shall be
administered in accordance with subparagraphs (B)
through (G).
``(B) Designation of accredited loan packagers.--
``(i) Qualifications.--Subject to the
limitation contained in clause (ii), the
Administration may designate a loan packager as
an accredited loan packager if such loan
packager--
``(I) is located in a rural area in
which, in the determination of the
Administration, there is a severe
shortage or an absence of lenders that
have been designated as--
``(aa) certified lenders
under the Certified Lenders
Program authorized by paragraph
(19); or
``(bb) preferred lenders
under the Preferred Lenders
Program authorized by section
5(b)(7);
``(II) demonstrates adequate
knowledge of applicable laws and
regulations concerning guaranteed loan
programs under this subsection;
``(III) demonstrates proficiency in
meeting the requirements of such
guaranteed loan programs; and
``(IV) meets such other
requirements as the Administration may
prescribe by regulation.
``(ii) Total number.--In carrying out the
Program, the Administration shall designate not
less than 10 and not more than 15 loan
packagers as accredited loan packagers.
``(C) Expedited processing.--During the 3-year
period described in subparagraph (G), the
Administration may expedite the processing of any loan
application or servicing action prepared by a loan
packager that has been designated as an accredited loan
packager in accordance with subparagraph (B).
``(D) Suspension or revocation of designation.--The
designation of a loan packager as an accredited loan
packager shall be suspended or revoked if the
Administration determines that--
``(i) the loan packager is not adhering to
the Administration's rules and regulations or
is violating any other applicable provision of
law; or
``(ii) the loss experience of the loan
packager is excessive as compared to other loan
packagers;
but such suspension or revocation shall not affect any
outstanding loan guarantee.
``(E) Definition.--For purposes of this paragraph,
the term `loan packager' means any--
``(i) qualified State or local development
company, as such term is defined in section
503(e) of the Small Business Investment Act of
1958; or
``(ii) other regional or local development
organization selected by the Administration.
``(F) Regulations.--The Administration shall
promulgate such regulations as may be necessary to
carry out this paragraph.
``(G) Sunset.--The Program shall terminate 3 years
after the date of enactment of this paragraph.''. | Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish an Accredited Lenders Program which designates a State or local development company as an accredited lender if it demonstrates: (1) adequate knowledge of the SBA guaranteed loan program; and (2) proficiency in meeting the requirements of such program and any other applicable requirements. Authorizes the Administrator to expedite the processing of any loan application or servicing action submitted by a development company so designated. Suspends or revokes such designation upon certain determinations by the Administrator.
Amends the Small Business Act to direct the Administrator to establish an Accredited Loan Packagers Pilot Program under which loan packagers shall be designated as accredited loan packagers upon meeting certain requirements with respect to loan packaging under the SBA guaranteed loan program. Requires at least ten but no more than 15 loan packagers to be so designated. Authorizes the Administrator, during a three-year period, to expedite the processing of any loan application or servicing action prepared by a loan packager so designated. Suspends or revokes such designation upon certain determinations by the Administrator. | {"src": "billsum_train", "title": "A bill to authorize the establishment of an Accredited Lenders Program for qualified State or local development companies under the Small Business Investment Act of 1958 and an Accredited Loan Packagers Pilot Program for loan packagers under the Small Business Act."} | 1,162 | 256 | 0.664382 | 1.926068 | 0.882445 | 2.901869 | 4.761682 | 0.78972 |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) John Birks ``Dizzy'' Gillespie is one of the most
recognized and beloved artists in the world today, admired not
only for his unique musicianship, but for his ability to reach
people on a distinctly personal level.
(2) As a virtuoso musician, pioneer, innovator, composer,
arranger, bandleader, raconteur, consummate entertainer, and
cultural ambassador extraordinaire, Mr. Gillespie has
distinguished himself as one of the truly immortal figures in
the history of Jazz, ``a national American Treasure''.
(3) Mr. Gillespie has received the Kennedy Center Honors,
the most prestigious public recognition of an artist's lifetime
contributions in the performing arts in the United States, was
awarded the Smithsonian Medal from the Smithsonian Institution,
and was presented with American Society of Composers, Authors
and Publishers' ``Duke'' award for his lifetime achievements as
a musician, composer, and bandleader.
(4) Mr. Gillespie has received many additional honors; the
National Medal of Arts, presented by President Bush; the
Commandant D'Ordre des Arts et Lettres, the highest honor in
the arts in France, presented by Minister of Culture Jack Lang;
crowned a traditional African chief, with the title ``Bashere
of Iperu'', in Nigeria; and a Grammy lifetime Achievement Award
from the National Academy of Recording Arts and Sciences.
(5) Mr. Gillespie has performed before numerous royalty and
countless world leaders, including 4 American Presidents.
(6) At the personal invitation of President Sam Nujoma, Mr.
Gillespie performed at the State Independence Banquet of
Namibia, before the leaders of virtually every country in the
world; the audience included kings, presidents, prime
ministers, the Secretary-General of the United Nations, Nelson
Mandela, and a host of other dignitaries.
(7) Mr. Gillespie is acclaimed as a visionary risk-taker
whose daring integration of ethnic influences added a vibrant
and indelible dimension to jazz, and to music in all of its
popular forms.
(8) Mr. Gillespie and the late Charlie ``Bird'' Parker
pioneered Bebop, a new and fresh harmonic and rythmic
vocabulary which created a musical revolution that completely
transformed jazz and dramatically impacted on 20th Century
musical culture.
(9) Mr. Gillespie is universally credited as the catalyst
who incorporated Afro-Cuban, Brazilian, and Caribbean music and
rhythms into the jazz idiom.
(10) Mr. Gillespie's third great big band, the United
Nation Orchestra, which exemplifies the essence of Mr.
Gillespie's universal musical philosophy, has enthralled
audiences in 20 countries on the continents of North America,
South America, Europe, and Australia, since the band's
inception in 1988.
(11) In 1956, Mr. Gillespie was the firsts jazz artist
appointed by the Department of State as Cultural Ambassador to
tour on behalf of the United States of America, and his
resoundingly successful tours through the Near East, Asia,
Eastern Europe, and Latin America were early landmarks in what
has been a virtual lifetime of cultural statesmanship by the
inimitable jazz master on behalf of his country.
(12) In January 1989, Mr. Gillespie once again was asked to
represent the United States and embarked on a ground-breaking,
month-long tour in Africa, sponsored by the United States
Information Agency Arts America Program.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, to John Birks ``Dizzy'' Gillespie a
gold medal of appropriate design, in recognition of over half a century
of musical genius.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be determined
by the Secretary.
(c) Authorization of Appropriation.--There are authorized to be
appropriated not to exceed $25,000 to carry out this section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck pursuant to
section 2 under such regulations as the Secretary may prescribe, at a
price sufficient to cover the cost thereof, including labor, materials,
dies, use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations.
Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. | {"src": "billsum_train", "title": "To award a congressional gold medal to John Birks \"Dizzy Gillespie\"."} | 1,119 | 71 | 0.349358 | 0.984233 | 0.090544 | 2.592593 | 17.907407 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit for Caring Act of 2016''.
SEC. 2. CREDIT FOR WORKING FAMILY CAREGIVERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. WORKING FAMILY CAREGIVERS.
``(a) Allowance of Credit.--In the case of an eligible caregiver,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 30 percent of the
qualified expenses paid by the taxpayer during the taxable year to the
extent that such expenses exceed $2,000.
``(b) Limitation.--
``(1) In general.--The amount allowed as a credit under
subsection (a) for the taxable year shall not exceed $3,000.
``(2) Adjustment for inflation.--In the case of any taxable
year beginning after 2016, the dollar amount contained in
paragraph (1) shall be increased by an amount equal to the
product of--
``(A) such dollar amount, and
``(B) the medical care cost adjustment determined
under section 213(d)(10)(B)(ii) for the calendar year
in which the taxable year begins, determined by
substituting `2015' for `1996' in subclause (II)
thereof.
If any increase determined under the preceding sentence is not
a multiple of $50, such increase shall be rounded to the next
lowest multiple of $50.
``(c) Eligible Caregiver.--For purposes of this section, the term
`eligible caregiver' means an individual who--
``(1) during the taxable year pays or incurs eligible
expenses in connection with providing care for a qualified care
recipient, and
``(2) has earned income (as defined in section 32(c)(2))
for the taxable year in excess of $7,500.
``(d) Qualified Care Recipient.--For purposes of this section--
``(1) In general.--The term `qualified care recipient'
means, with respect to any taxable year, any individual who--
``(A) is the spouse of the eligible caregiver, or
any other person who bears a relationship to the
eligible caregiver described in any of subparagraphs
(A) through (H) of section 152(d)(2),
``(B) has been certified, before the due date for
filing the return of tax for the taxable year, by a
licensed health care practitioner (as defined in
section 7702B(c)(4)) as being an individual with long-
term care needs described in paragraph (3) for a
period--
``(i) which is at least 180 consecutive
days, and
``(ii) a portion of which occurs within the
taxable year.
``(2) Period for making certification.--Notwithstanding
paragraph (1)(B), a certification shall not be treated as valid
unless it is made within the 39\1/2\-month period ending on
such due date (or such other period as the Secretary
prescribes).
``(3) Individuals with long-term care needs.--An individual
is described in this paragraph if the individual meets any of
the following requirements:
``(A) The individual is at least 6 years of age
and--
``(i) is unable to perform (without
substantial assistance from another individual)
at least 2 activities of daily living (as
defined in section 7702B(c)(2)(B)) due to a
loss of functional capacity, or
``(ii) requires substantial supervision to
protect such individual from threats to health
and safety due to severe cognitive impairment
and is unable to perform, without reminding or
cueing assistance, at least 1 activity of daily
living (as so defined) or to the extent
provided in regulations prescribed by the
Secretary (in consultation with the Secretary
of Health and Human Services), is unable to
engage in age appropriate activities.
``(B) The individual is at least 2 years of age but
not 6 years of age and is unable due to a loss of
functional capacity to perform (without substantial
assistance from another individual) at least 2 of the
following activities: eating, transferring, or
mobility.
``(C) The individual is under 2 years of age and
requires specific durable medical equipment by reason
of a severe health condition or requires a skilled
practitioner trained to address the individual's
condition to be available if the individual's parents
or guardians are absent.
``(e) Qualified Expenses.--For purposes of this section--
``(1) In general.--The term `qualified expenses' means
expenditures for goods, services, and supports that assist with
activities of daily living (as defined in section
7702B(c)(2)(B)) and instrumental activities of daily living (as
defined in section 1915(k)(6)(F) of the Social Security Act (42
U.S.C. 1396n(k)(6)(F)) provided to a qualified care recipient
described and are not incurred by individuals who do not need
such assistance.
``(2) Adjustment for other tax benefits.--The amount of
qualified expenses otherwise taken into account under paragraph
(1) with respect to an individual shall be reduced by the sum
of any amounts paid for the benefit of such individual for the
taxable year which are--
``(A) taken into account under section 21 or 213,
or
``(B) excluded from gross income under section 129,
223(f), or 529A(c)(1)(B).
``(3) Goods, services, and supports.--For purposes of
paragraph (1), goods, services and supports (as defined by the
Secretary) include--
``(A) human assistance, supervision, cueing and
standby assistance,
``(B) assistive technologies and devices (including
remote health monitoring),
``(C) environmental modifications (including home
modifications),
``(D) health maintenance tasks (such as medication
management),
``(E) information,
``(F) transportation of the qualified care
recipient,
``(G) non-health items (such as incontinence
supplies),
``(H) travel costs of the eligible caregiver
related to caring for a qualified care recipient,
``(I) lost wages for unpaid time off due to caring
for a qualified care recipient as verified by an
employer,
``(J) coordination of and services for people who
live in their own home, a residential setting, or a
nursing facility, as well as the cost of care in these
or other locations, and
``(K) supports provided to family members and other
unpaid caregivers.
``(4) Human assistance.--The term `human assistance'
includes the costs of a direct care worker.
``(5) Documentation.--An expense shall not be taken into
account under this section unless the eligible caregiver
substantiates such expense under such regulations or guidance
as the Secretary shall provide.
``(6) Mileage rate.--For purposes of this section, the
mileage rate for the use of a passenger automobile shall be the
standard mileage rate used to calculate the deductible costs of
operating an automobile for medical purposes. Such rate may be
used in lieu of actual automobile-related travel expenses.
``(7) Coordination with able accounts.--Qualified expenses
for a taxable year shall not include contributions to an ABLE
account (as defined in section 529A).
``(f) Phase-Out Based on Adjusted Gross Income.--For purposes of
this section--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by $100
for each $1,000 (or fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the threshold amount.
``(2) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income increased by
any amount excluded from gross income under section 911, 931,
or 933.
``(3) Threshold amount.--The term `threshold amount'
means--
``(A) $150,000 in the case of a joint return, and
``(B) $75,000 in any other case.
``(4) Indexing.--In the case of any taxable year beginning
in a calendar year after 2016, each dollar amount contained in
paragraph (3) shall be increased by an amount equal to the
product of--
``(A) such dollar amount, and
``(B) 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 2015'' for ``calendar year 1992'' in
subparagraph (B) thereof.
``(5) Rounding rule.--If any increase determined under
paragraph (4) is not a multiple of $50, such increase shall be
rounded to the next lowest multiple of $50.
``(g) Identification of Eligible Caregiver With Care Recipient
(Qualified Care Recipient) Identification Requirement.--No credit shall
be allowed under this section to a taxpayer with respect to any
qualified care recipient unless the taxpayer includes the name and
taxpayer identification number of such individual, and the
identification number of the licensed health care practitioner
certifying such individual, on the return of tax for the taxable
year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Working family caregivers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Credit for Caring Act of 2016 This bill amends the Internal Revenue Code to allow an eligible caregiver a new tax credit for 30% of the cost of long-term care expenses that exceed $2,000, up to $3,000 in a taxable year. The bill defines "eligible caregiver" as an individual who pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs and who has earned income for the taxable year in excess of $7,500. | {"src": "billsum_train", "title": "Credit for Caring Act of 2016"} | 2,201 | 110 | 0.642375 | 1.567135 | 0.987113 | 3.117021 | 21.393617 | 0.861702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fern Lake Conservation and
Recreation Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Fern Lake and its surrounding watershed in Bell County,
Kentucky, and Claiborne County, Tennessee, is within the
potential boundaries of Cumberland Gap National Historical Park
as originally authorized by the Act of June 11, 1940 (54 Stat
262; 16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle Overlook,
which is one of the park's most valuable scenic resources and
most popular attractions, and enhance recreational
opportunities at the park.
(3) Fern Lake is the water supply source for the City of
Middlesboro, Kentucky, and environs.
(4) The 4,500-acre Fern Lake watershed is privately owned,
and the 150-acre lake and part of the watershed are currently
for sale, but the Secretary of the Interior is precluded by the
first section of the Act of June 11, 1940 (16 U.S.C. 261), from
using appropriated funds to acquire the lands.
(b) Purposes.--The purposes of the Act are--
(1) to authorize the Secretary of the Interior to use
appropriated funds if necessary, in addition to other
acquisition methods, to acquire from willing sellers Fern Lake
and its surrounding watershed in order to protect scenic and
natural resources and enhance recreational opportunities at
Cumberland Gap National Historical Park; and
(2) to allow the continued supply of safe, clean, drinking
water from Fern Lake to the City of Middlesboro, Kentucky, and
environs.
SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL
PARK.
(a) Definitions.--In this section:
(1) Fern lake.--The term ``Fern Lake'' means Fern Lake
located in Bell County, Kentucky, and Claiborne County,
Tennessee.
(2) Land.--The term ``land'' means land, water, interests
in land, and any improvements on the land.
(3) Park.--The term ``park'' means Cumberland Gap National
Historical Park, as authorized and established by the Act of
June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Acquisition Authorized.--The Secretary may acquire for addition
to the park lands consisting of approximately 4,500 acres and
containing Fern Lake and its surrounding watershed, as generally
depicted on the map entitled ``Fern Lake Watershed Boundary Addition,
Cumberland Gap National Historical Park'', numbered 380/80,004, and
dated May 2001. The map shall be on file in the appropriate offices of
the National Park Service.
(c) Authorized Acquisition Methods.--
(1) In general.--Notwithstanding the Act of June 11, 1940
(16 U.S.C. 261 et seq.), the Secretary may acquire lands
described in subsection (b) by donation, purchase with donated
or appropriated funds, or exchange. However, the lands may be
acquired only with the consent of the owner.
(2) Easements.--At the discretion of the Secretary, the
Secretary may acquire land described in subsection (b) that is
subject to an easement for the continued operation of providing
the water supply for the City of Middlesboro, Kentucky, and
environs.
(d) Boundary Adjustment and Administration.--Upon the acquisition
of land under this section, the Secretary shall revise the boundaries
of the park to include the land in the park. Subject to subsection (e),
the Secretary shall administer the acquired lands as part of the park
in accordance with the laws and regulations applicable to the park.
(e) Special Issues Related to Fern Lake.--
(1) Protection of water quality.--The Secretary shall
manage public recreational use of Fern Lake, if acquired by the
Secretary, in a manner that is consistent with the protection
of the lake as a source of safe, clean, drinking water.
(2) Sale of water.--In the event the Secretary's
acquisition of land includes the water supply of Fern Lake, the
Secretary may enter into contracts to facilitate the sale and
distribution of water from the lake for the municipal water
supply for the City of Middlesboro, Kentucky, and environs. The
Secretary shall ensure that the terms and conditions of any
such contract is consistent with National Park Service policies
for the protection of park resources. Proceeds from the sale of
the water shall be available for expenditure by the Secretary
at the park without further appropriation.
(3) Consultation requirements.--In order to better manage
Fern Lake and its surrounding watershed, if acquired by the
Secretary, in a manner that will facilitate the provision of
water for municipal needs as well as the establishment and
promotion of new recreational opportunities made possible by
the addition of Fern Lake to the park, the Secretary shall
consult with--
(A) appropriate officials in the States of
Kentucky, Tennessee, and Virginia and political
subdivisions of these States;
(B) organizations involved in promoting tourism in
these States; and
(C) other interested parties. | Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the National Park Service, to acquire by donation, purchase, or exchange (but only from a willing seller) specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for the continued operation of providing the water supply for Middlesboro, Kentucky, and environs.Directs the Secretary to revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land.Specifies provisions relating to: (1) the protection of the water quality of Fern Lake; and (2) contracts to facilitate the sale and distribution of water from the Lake for the municipal water supply for Middlesboro, Kentucky, and environs. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historic Park, and for other purposes."} | 1,195 | 181 | 0.718532 | 2.235333 | 0.783213 | 4.72327 | 6.811321 | 0.937107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ana River Water Supply
Enhancement Act of 2005''.
SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 1636. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the Orange
County Water District, shall participate in the planning, design, and
construction of natural treatment systems and wetlands for the flows of
the Santa Ana River, California, and its tributaries into the Prado
Basin.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for the operation and maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is further amended by inserting after the item
relating to section 1634 the following:
``Sec. 1636. Prado Basin Natural Treatment System Project.''.
SEC. 3. REGIONAL BRINE LINES.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1637. REGIONAL BRINE LINES.
``(a) Southern California.--The Secretary, under Federal
reclamation laws and in cooperation with units of local government, may
assist agencies in projects to construct regional brine lines to export
the salinity imported from the Colorado River to the Pacific Ocean as
identified in--
``(1) the Salinity Management Study prepared by the Bureau
of Reclamation and the Metropolitan Water District of Southern
California; and
``(2) the Southern California Comprehensive Water
Reclamation and Reuse Study prepared by the Bureau of
Reclamation.
``(b) Agreements and Regulations.--The Secretary may enter into
such agreements and promulgate such regulations as are necessary to
carry out this section.
``(c) Cost Sharing.--The Federal share of the cost of a project to
construct regional brine lines described in subsection (a) shall not
exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $40,000,000.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is further amended by inserting after the item
relating to section 1635 the following:
``Sec. 1637. Regional brine lines.''.
SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1638. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, and the Santa
Ana Watershed Project Authority and acting under the Federal
reclamation laws, shall participate in the design, planning, and
construction of the Lower Chino Dairy Area desalination demonstration
and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $50,000,000.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is further amended by inserting after the item
relating to section 1636 the following:
``Sec. 1638. Lower Chino dairy area desalination demonstration and
reclamation project.''.
SEC. 5. CEILING INCREASE ON FEDERAL SHARE OF WATER RECLAMATION PROJECT.
Section 1631(d) of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C.390h-13(d)) is amended--
(1) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) The Federal share of the costs of the project
authorized by section 1624 shall not exceed the following:
``(A) $22,000,000 for fiscal year 2007.
``(B) $24,200,000 for fiscal year 2008.
``(C) $26,620,000 for fiscal year 2009.
``(D) $29,282,000 for fiscal year 2010.
``(E) $32,210,200 for fiscal year 2011.
``(F) $35,431,220 for fiscal year 2012.
``(G) $38,974,342 for fiscal year 2013.
``(H) $42,871,776 for fiscal year 2014.
``(I) $47,158,953 for fiscal year 2015.
``(J) $51,874,849 for fiscal year 2016.''.
SEC. 6. CENTER FOR TECHNOLOGICAL ADVANCEMENT OF MEMBRANE TECHNOLOGY AND
EDUCATION.
(a) In General.--The Secretary of the Interior shall establish at
the Orange County Water District located in Orange County, California,
a center for the expressed purposes of providing--
(1) assistance in the development and advancement of
membrane technologies; and
(2) educational support in the advancement of public
understanding and acceptance of membrane produced water
supplies.
(b) Management of Center.--
(1) Contracts.--In establishing the center, the Secretary
shall enter into contracts with the Orange County Water
District for purposes of managing such center.
(2) Plan.--Not later than 90 days after the date of
enactment of this section, the Secretary, in consultation with
the Orange County Water District, shall jointly prepare a plan,
updated annually, identifying the goals and objectives of the
center.
(c) Authorization of Appropriations.--There are authorized to carry
out subsections (a) and (b), $2,000,000, for each of fiscal years 2006
through 2011. Such sums shall remain available until expended.
(d) Report.--Not later than one year after the date of enactment of
this section and annually thereafter, the Secretary, in consultation
with the Orange County Water District, shall provide a report to
Congress on the status of the center and its accomplishments.
(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section. | Santa Ana River Water Supply Enhancement Act of 2005 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with: (1) the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) local governments to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Limits the federal share of total project costs. Prohibits using funds provided by the Secretary for operation and maintenance of the projects.
Directs the Secretary to establish at the District a center to provide: (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies.
Terminates the Secretary's authority to carry out this Act after 10 years. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes."} | 1,892 | 271 | 0.648885 | 1.936398 | 0.765245 | 6.2 | 6.641667 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's Safety
Act''.
SEC. 2. CRIMINAL RECORDS CHECKS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
``(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered
individual' includes--
``(i) any individual 18 years of age or
older; and
``(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a criminal records checks under that
paragraph.
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if--
``(i) the parent or Indian custodian cannot
have the child returned on demand; and
``(ii) parental rights have not been
terminated.
``(C) Indian custodian.--The term `Indian
custodian' means any Indian--
``(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
``(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian
child; or
``(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
``(E) Tribal court.--The term `tribal court' means
a court--
``(i) with jurisdiction over foster care
placements; and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and
operated under the code or custom of an
Indian tribe; or
``(III) any other administrative
body of a tribe that is vested with
authority over foster care placements.
``(F) Tribal social services agency.--The term
`tribal social services agency' means the agency of the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services or approval (as
of the date on which the proceeding described in
paragraph (2)(A) commences) of the Indian tribe.
``(2) Criminal records checks before placement.--
``(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be finally approved
until the tribal social services agency--
``(i) completes a criminal records check of
each covered individual who resides in the
household or is employed at the institution in
which the foster care placement will be made;
and
``(ii) concludes that each covered
individual described in clause (i) meets such
standards as the Indian tribe shall establish
in accordance with subparagraph (B).
``(B) Standards of placement.--The standards
described in subparagraph (A)(ii) shall include--
``(i) requirements that each tribal social
services agency described in subparagraph (A)--
``(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
``(II) check any child abuse and
neglect registry maintained by the
State, and tribal abuse registries if
they exist, in which the covered
individual resides for information on
the covered individual, and request any
other State in which the covered
individual resided in the preceding 5
years, to enable the tribal social
services agency to check any child
abuse and neglect registry maintained
by that State for such information; and
``(ii) any other additional requirement
that the Indian tribe determines is necessary.
``(C) Results.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause has been found by a Federal,
State, or tribal court to have committed any crime
listed in clause (i) or (ii) of section 471(a)(20)(A)
of the Social Security Act (42 U.S.C. 671(a)(20)(A)).
``(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) before issuing a final foster care
license.
``(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by Tribal
Social Services Agency described in paragraph (2)(A).
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, each Indian tribe
shall establish procedures to recertify homes or
institutions in which foster care placements are made.
``(B) Contents.--The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure--
``(i) the safety of the home or institution
for the Indian child; and
``(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a criminal records
check in accordance with this subsection,
including any covered individual who--
``(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
``(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
``(C) Guidance issued by the secretary.--The
procedures established under subparagraph (A) shall be
subject to any regulation promulgated or guidance
issued by the Secretary that is in accordance with the
purpose of this subsection.
``(5) Guidance.--Not later than 1 year after the date of
enactment of this subsection and after consultation with Indian
tribes, the Secretary shall promulgate guidance regarding--
``(A) procedures for a criminal records check of
any covered individual who--
``(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
``(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
``(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual--
``(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in
paragraph (2)(B)(i)(II);
``(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
``(D) procedures for certifying compliance with
this Act.''. | Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit the final approval of any foster care placement by a tribal social services agency until the agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures, within two years after this Act's enactment, to recertify homes or institutions in which foster care placements are made. Requires those procedures to include, at a minimum, periodic intervals at which the home or institution is subject to recertification to ensure: (1) the safety of the home or institution for the Indian child, and (2) that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this Act's requirements. Directs the Secretary of the Interior to promulgate guidance, within one year after this Act's enactment, regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the criminal records check, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act. | {"src": "billsum_train", "title": "Native American Children's Safety Act"} | 1,785 | 552 | 0.599057 | 1.774118 | 0.768263 | 3.451943 | 3.302658 | 0.903885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Law Enforcement and Mental
Health Project''.
SEC. 2. MENTAL HEALTH DIVERSION COURTS.
(a) Amendment.--Part V of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended to read as follows:
``PART V--MENTAL HEALTH DIVERSION COURTS
``SEC. 2201. GRANT AUTHORITY.
``The Attorney General may make grants to States, State courts,
local courts, units of local government, and Indian tribal governments,
acting directly or through agreements with other public or nonprofit
entities, for 25 programs that involve--
``(1) continuing judicial supervision, including periodic
review at least every 45 days, over preliminarily qualified
offenders with mental illness, mental retardation, or co-
occurring mental illness and substance abuse disorders who are
charged with nonviolent misdemeanors, for a period not to
exceed 1 year; and
``(2) the integrated administration of services, which
includes--
``(A) specialized training of law enforcement and
judicial personnel to identify and address the unique
needs of a mentally ill or mentally retarded offender;
``(B) voluntary diversion into outpatient or
inpatient mental health treatment that carries with it
the possibility of prosecution of the original criminal
charge if the mentally ill or mentally retarded
defendant is noncompliant with program requirements;
``(C) centralized case management involving the
consolidation of all of a mentally ill or mentally
retarded defendant's misdemeanor cases, including
violations of misdemeanor probation, and the
coordination of all treatment plans of mental health
and social service providers; and
``(D) life skills training, such as housing
placement, vocational training, education, job
placement, health care, and relapse prevention for each
participant who requires such services.
``SEC. 2202. DEFINITION.
``In this part the term `preliminarily qualified offender with
mental illness, mental retardation, or co-occurring mental and
substance abuse disorders' means a person who--
``(1)(A) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness, mental retardation, or co-occurring mental illness and
substance abuse disorders; or
``(B) manifests obvious signs of mental illness, mental
retardation, or co-occurring mental illness and substance abuse
disorders during arrest or confinement or before any court; and
``(2) is deemed eligible for diversion by designated
judges.
``SEC. 2203. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General shall issue
regulations and guidelines necessary to carry out this part which
include, but are not limited to, the methodologies and outcome measures
proposed for evaluating each applicant program.
``(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility
for the mental health diversion court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology and outcome measures that
will be used in evaluating the program.
``SEC. 2204. APPLICATIONS.
``To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or chief judge of a
unit of local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
``SEC. 2205. FEDERAL SHARE.
``The Federal share of a grant made under this part may not exceed
75 percent of the total costs of the program described in the
application submitted under section 2205 for the fiscal year for which
the program receives assistance under this part, unless the Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section. The use of the Federal share of a
grant made under this part shall be limited to new expenses
necessitated by the proposed diversion program, including the
development of treatment services and the hiring and training of
personnel. In-kind contributions may constitute a portion of the non-
Federal share of a grant.
``SEC. 2206. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant awards is
made that considers the special needs of rural communities, Indian
tribes, and Alaska Natives.
``SEC. 2207. REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year
regarding the effectiveness of this part.
``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by inserting after part U the following:
``Part V--Mental Health Diversion Courts
``Sec. 2201. Grant authority.
``Sec. 2202. Definition.
``Sec. 2203. Administration.
``Sec. 2204. Applications.
``Sec. 2205. Federal share.
``Sec. 2206. Geographic distribution.
``Sec. 2207. Report.
``Sec. 2208. Technical assistance, training, and evaluation.''.
(c) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)), is amended by inserting after paragraph (19) the following:
``(20) There are authorized to be appropriated to carry out part V,
$2,000,000 for each of fiscal years 2000 through 2004.''. | America's Law Enforcement and Mental Health Project - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for 25 programs that involve: (1) continuing judicial supervision, including periodic review at least every 45 days, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders who are charged with non-violent misdemeanors, for a period not to exceed one year; and (2) the integrated administration of services, which includes specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender, voluntary diversion into outpatient or inpatient mental health treatment that carries with it the possibility of prosecution of the original criminal charge if the mentally ill or mentally retarded defendant is noncompliant with program requirements, centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's misdemeanor cases (including violations of misdemeanor probation) and the coordination of all treatment plans of mental health and social service providers, and life skills training.
Defines "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" to mean a person who: (1) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental and substance abuse disorders or who manifests obvious signs of mental illness, mental retardation, or co-occurring mental and substance abuse disorders during arrest or confinement or before any court; and (2) is deemed eligible for diversion by designated judges.
Directs the Attorney General to issue regulations and guidelines necessary to carry out this Act, including the methodologies and outcome measures proposed for evaluating each applicant program.
Sets forth provisions regarding application requirements, the Federal cost share (75 percent), geographic distribution of grants, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations. | {"src": "billsum_train", "title": "America's Law Enforcement and Mental Health Project"} | 1,719 | 483 | 0.808603 | 2.699715 | 0.99276 | 6.686131 | 3.832117 | 0.953771 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Audit Protection
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage owners and operators of
facilities, and other persons conducting activities, regulated under
applicable environmental laws to conduct voluntary internal
environmental audits of their compliance programs and management
systems and to assess and improve compliance with applicable
environmental laws by protecting the confidentiality of communications
relating to voluntary internal environmental audits.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Applicable environmental law.--The term ``applicable
environmental law'' means--
(A) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(B) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(D) the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.);
(E) title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act'') (42
U.S.C. 300f et seq.);
(F) the Noise Control Act of 1972 (42 U.S.C. 4901
et seq.);
(G) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(H) the Clean Air Act (42 U.S.C. 7401 et seq.);
(I) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(J) the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.); and
(K) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.).
(2) Environmental audit.--The term ``environmental audit''
means a voluntary, internal, and comprehensive evaluation of a
facility or an activity at a facility regulated under an
applicable environmental law, or of a management system related
to the facility or activity, that--
(A) is designed to identify and prevent
noncompliance and to improve compliance with an
applicable environmental law; and
(B) is conducted by the owner or operator of the
facility, by an employee of the owner or operator, by
another person conducting an activity regulated under
an applicable environmental law, or by an independent
contractor.
(3) Environmental audit report.--
(A) In general.--The term ``environmental audit
report''--
(i) means a report comprised of 1 or more
components, each labeled ``Environmental Audit
Report: Privileged Document'', that is prepared
as a result of an environmental audit; and
(ii) includes any supporting information
(such as a field note or record of
observations, finding, opinion, suggestion,
conclusion, draft, memorandum, drawing,
photograph, computer-generated or
electronically recorded information, map,
chart, graph, or survey) that is collected or
developed for the primary purpose and in the
course of the environmental audit.
(B) Component.--As used in subparagraph (A), the
term ``component'' means any of the following 3 items:
(i) An audit report prepared by the
auditor, which may include information on the
scope of the audit, information gained from the
audit, and conclusions and recommendations
relating to the audit, together with exhibits
and appendices.
(ii) A memorandum or other document that
analyzes a portion or all of the audit report
and that may include information concerning the
implementation of the report.
(iii) An implementation plan that addresses
the correction of past noncompliance, the
improvement of current compliance, and the
prevention of future noncompliance.
SEC. 4. PROTECTION OF ENVIRONMENTAL AUDITS.
(a) General Rule.--
(1) In general.--Except as provided in paragraph (2) and
subsections (b) and (c), an environmental audit report shall
not be subject to discovery and shall not be admitted into
evidence in any civil or criminal action or administrative
proceeding before a Federal court or agency.
(2) Exclusion of certain types of information.--Paragraph
(1) shall not apply to--
(A) any document, communication, data, report, or
other information required to be collected, developed,
maintained, reported, or otherwise made available to a
regulatory agency pursuant to an applicable
environmental law, or other Federal, State, or local
law, ordinance, regulation, permit, or order;
(B) information obtained by observation, sampling,
or monitoring by any regulatory agency; or
(C) information obtained from a source independent
of the environmental audit.
(b) Waiver.--Subsection (a) shall not apply with respect to an
environmental audit report to the extent that subsection (a) is waived
expressly or by implication by the owner or operator of a facility, or
other person conducting an activity, that is regulated under an
applicable environmental law, who prepared or caused to be prepared the
environmental audit report.
(c) Inapplicability of General Rule.--
(1) Civil and administrative proceedings.--
(A) In general.--In a civil action or an
administrative proceeding, subsection (a) shall not
apply to an environmental audit report, or a portion of
the report, if--
(i) subsection (a) is invoked for a
fraudulent purpose; or
(ii)(I) the report or portion provides
evidence of noncompliance with an applicable
environmental law; and
(II) appropriate efforts to achieve
compliance with the law were not promptly
initiated and pursued with reasonable
diligence.
(B) Determination of inapplicability.--In
determining whether subsection (a) applies to a report
or portion of a report, a court or administrative law
judge shall conduct an in camera review of the report
or portion of the report.
(2) Criminal proceedings.--
(A) In general.--In a criminal proceeding,
subsection (a) shall not apply to an environmental
audit report, or a portion of the report, if--
(i) subsection (a) is invoked for a
fraudulent purpose;
(ii)(I) the report or portion provides
evidence of noncompliance with an applicable
environmental law; and
(II) appropriate efforts to achieve
compliance with the law were not promptly
initiated and pursued with reasonable
diligence; or
(iii)(I) the report or portion contains
evidence relevant to the commission of an
offense under an applicable environmental law;
(II) the Attorney General has a compelling
need for the information;
(III) the information is not otherwise
available; and
(IV) the Attorney General is unable to
obtain the substantial equivalent of the
information by any means without incurring
unreasonable cost and delay.
(B) Determination of inapplicability of general
rule.--In determining whether subsection (a) applies to
a report or portion of a report, a court or
administrative law judge shall conduct an in camera
review of the report or portion of the report in
accordance with subparagraph (C).
(C) In camera review proceedings.--
(i) In general.--If the Attorney General
has probable cause to believe that an offense
has been committed under an applicable
environmental law based on information obtained
from a source independent of an environmental
audit report, the Attorney General may obtain
an environmental audit report, or a portion of
the report, for which subsection (a) is invoked
pursuant to a search warrant, criminal
subpoena, or discovery in a criminal
proceeding. The Attorney General shall
immediately place the report under seal and
shall not review or disclose the contents of
the report.
(ii) Filing of petition.--Not later than 30
days after the Attorney General obtains an
environmental audit report, or a portion of the
report, under clause (i), the owner or
operator, or other person conducting an
activity regulated under an applicable
environmental law, who prepared or caused to be
prepared the report, may file with the court a
petition requesting an in camera hearing on
whether subsection (a) applies to the
environmental audit report or portion. Failure
by the owner or operator or other person to
file the petition shall constitute a waiver of
subsection (a).
(iii) Scheduling order.--As soon as
practicable after the filing of the petition,
the court shall issue an order scheduling an in
camera hearing on the petition not later than
45 days after the filing of the petition.
(iv) Review by the attorney general.--
(I) In general.--An order described
in clause (iii) shall allow the
Attorney General to remove the seal
from the report to review the report
and shall place appropriate limitations
on the distribution and review of the
report to protect against unauthorized
disclosure. The Attorney General may
consult with any enforcement agency
regarding the contents of the report as
the Attorney General determines is
necessary to prepare for the in camera
hearing.
(II) Use of information from
review.--The information used in
preparation for the in camera hearing
shall not be used in any investigation
or in any proceeding against the
defendant, and shall be kept
confidential--
(aa) unless and until the
information is found by the
court to be subject to
disclosure under subparagraph
(A); or
(bb) unless the person
using the information
demonstrates that the
information was obtained from a
source independent of the
environmental audit report.
(v) Stipulations by the parties.--With
respect to proceedings under this subparagraph,
the parties may at any time stipulate to entry
of an order directing that subsection (a) does
or does not apply to specific information
contained in an environmental audit report.
(3) Relevance requirement.--Upon making a determination
under paragraph (1) or (2) that an environmental audit report,
or a portion of the report, should be subject to disclosure,
the court may require the disclosure of only such portions of
the report as are relevant to an issue in dispute in the
proceeding.
(d) Burdens of Proof.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a party invoking the protection of subsection (a) shall
have the burden of proving the applicability of subsection (a),
including, if there is evidence of noncompliance with an
applicable environmental law, the burden of proving that
appropriate efforts to achieve compliance were promptly
initiated and pursued with reasonable diligence.
(2) Fraud in a civil action.--If a party seeks discovery
under subsection (c)(1)(A)(i), the party shall have the burden
of proving that subsection (a) is invoked for a fraudulent
purpose.
(3) Attorney general.--If the Attorney General seeks
discovery under subsection (c)(2)(A)(iii), the Attorney General
shall have the burden of proving the matters described in
subsection (c)(2)(A)(iii).
SEC. 5. EFFECT ON OTHER RULES.
Nothing in this Act shall limit, waive, or abrogate the scope or
nature of any statutory or common law rule regarding discovery or
admissibility of evidence, including the attorney-client privilege and
the work product doctrine.
SEC. 6. APPLICABILITY.
This Act shall apply to each Federal civil or criminal action or
administrative proceeding that is commenced after the date of enactment
of this Act.
S 2371 IS----2 | Environmental Audit Protection Act - Provides that an environmental audit shall not be subject to discovery or admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency, except as provided by this Act.
Excludes from such protection information: (1) required to be made available to a regulatory agency pursuant to an environmental law or other Federal, State, or local law or regulation; (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the environmental audit. Makes such protection inapplicable with respect to an environmental audit report to the extent that such protection is waived by any person conducting an activity that is regulated under an applicable environmental law and who prepared the report.
Excludes from protection, in a civil action or administrative proceeding, any portion of an environmental audit report if: (1) such protection is invoked for a fraudulent purpose; or (2) the report provides evidence of noncompliance with an environmental law and efforts to achieve compliance were not pursued with reasonable diligence. Excludes from protection, in a criminal proceeding, any portion of such report if: (1) any of the conditions described above with respect to civil actions or administrative proceedings where in effect; or (2) the report contains evidence relevant to the commission of an offense under an environmental law, the Attorney General has a compelling need for the information, the information is not otherwise available, and the Attorney General is unable to obtain the equivalent of the information without incurring unreasonable cost and delay.
Sets forth procedures for in camera review proceedings. Bars the use of information prepared for the in camera hearing in any proceeding against the defendant and requires such information to be kept confidential unless: (1) the information is found by the court to be subject to disclosure; or (2) the person using the information demonstrates that the information was obtained from a source independent of the report. | {"src": "billsum_train", "title": "Environmental Audit Protection Act"} | 2,558 | 396 | 0.418116 | 1.3527 | 0.726161 | 3.375648 | 6.067358 | 0.940415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Aid Transparency and
Accountability Act of 2012''.
SEC. 2. GUIDELINES FOR UNITED STATES FOREIGN DEVELOPMENT ASSISTANCE.
(a) Purpose.--The purpose of this section is to evaluate the
performance of United States foreign development assistance and its
contribution to policy, strategies, projects, program goals, and
priorities undertaken by the United States, to foster and promote
innovative programs to improve the effectiveness of United States
foreign development assistance, and to coordinate the monitoring and
evaluation processes of Federal departments and agencies that
administer United States foreign development assistance.
(b) Establishment of Guidelines.--Not later than 18 months after
the date of the enactment of this Act, the President shall establish
guidelines regarding the establishment of measurable goals, performance
metrics, and monitoring and evaluation plans that can be applied with
reasonable consistency to United States foreign development assistance.
Such guidelines should be established according to best practices of
monitoring and evaluation studies and analyses.
(c) Objectives of Guidelines.--
(1) In general.--The guidelines established under this
section shall provide direction to Federal departments and
agencies that administer United States foreign development
assistance on how to develop the complete range of activities
relating to the monitoring of resources, the evaluation of
projects, the evaluation of program impacts, and analysis that
is necessary for the identification of findings,
generalizations that can be derived from those findings, and
their applicability to proposed project and program design.
(2) Objectives.--Specifically, the guidelines shall provide
direction on how to achieve the following objectives for
monitoring and evaluation of programs:
(A) Building measurable goals, performance metrics
and monitoring and evaluation into program design at
the outset, including the provision of sufficient
program resources to conduct monitoring and evaluation.
(B) Disseminating guidelines for the development
and implementation of monitoring and evaluation
programs to all personnel, especially in the field, who
are responsible for the design, implementation, and
management of United States foreign development
assistance programs.
(C) Contributing to the collection and
dissemination of knowledge and lessons learned to
United States development professionals, implementing
partners, the international aid community, and aid
recipient governments, and as a repository of knowledge
on lessons learned.
(D) Distributing evaluation reports internally.
(E) Establishing annual monitoring and evaluation
agendas and objectives.
(F) Applying rigorous monitoring and evaluation
methodologies, including choosing from among a wide
variety of qualitative and quantitative methods common
in the field of social scientific inquiry.
(G) Partnering with the academic community,
implementing partners, and national and international
institutions that have expertise in monitoring and
evaluation and analysis when such partnerships will
provide needed expertise or will significantly improve
the evaluation and analysis.
(H) Developing and implementing a training plan for
appropriate aid personnel on the proper conduct of
monitoring and evaluation programs.
(d) Implementation of Guidelines.--Beginning not later than one
year after the date on which the President establishes the guidelines
under this section, the head of each Federal department or agency that
administers United States foreign development assistance shall
administer the United States foreign development assistance in
accordance with the guidelines.
(e) Presidential Report.--Not later than 18 months after the date
of the enactment of this Act, the President shall submit to Congress a
report that contains a detailed description of the guidelines that have
been developed on measurable goals, performance metrics, and monitoring
and evaluation plans for United States foreign development assistance
established under this section. The report shall be submitted in
unclassified form to the maximum extent possible, but may include a
classified annex.
(f) Comptroller General Reports.--The Comptroller General of the
United States shall--
(1) not later than one year after the date of the enactment
of this Act, submit to the appropriate congressional committees
a report that contains an analysis of the actions that the
major Federal departments and agencies that administer United
States foreign development assistance have taken to ensure that
United States foreign development assistance program evaluation
is planned, conducted, and utilized effectively; and
(2) not later than two years after the date of the
enactment of this Act, submit to the appropriate congressional
committees a report that contains an analysis of--
(A) the guidelines established pursuant to
subsection (b); and
(B) the implementation of the guidelines by the
major Federal departments and agencies that administer
United States foreign development assistance.
(g) Evaluation Defined.--In this section, the term ``evaluation''
means, with respect to a United States foreign development assistance
program, the systematic collection and analysis of information about
the characteristics and outcomes of the program and projects under the
program as a basis for judgments, to improve effectiveness, and to
inform decisions about current and future programming.
SEC. 3. INTERNET WEBSITE TO MAKE PUBLICLY AVAILABLE COMPREHENSIVE,
TIMELY, COMPARABLE, AND ACCESSIBLE INFORMATION ON UNITED
STATES FOREIGN DEVELOPMENT ASSISTANCE PROGRAMS.
(a) Establishment; Publication and Updates.--Not later than 30 days
after the date of the enactment of this Act, the President shall direct
the Secretary of State to establish and maintain an Internet website to
make publicly available in unclassified form comprehensive, timely,
comparable, and accessible information on United States foreign
development assistance. The head of each Federal department or agency
that administers United States foreign development assistance shall,
not later than 3 years after the date of the enactment of this Act,
publish and on a quarterly basis update on the Internet website such
information with respect to the United States foreign development
assistance programs of such Federal department or agency.
(b) Matters To Be Included.--
(1) In general.--Such information shall be published on a
detailed program-by-program basis and country-by-country basis.
(2) Types of information.--To ensure transparency,
accountability, and effectiveness of United States foreign
development assistance, such information should include country
assistance strategies, annual budget documents, congressional
budget justifications, obligations, expenditures, and reports
and evaluations, including those developed pursuant to the
guidelines established by section 2, for United States foreign
development assistance programs and projects under such
programs. Each type of information described in this paragraph
shall be published or updated on the Internet website not later
than 90 days after the date of issuance of the information.
(3) Report in lieu of inclusion.--If--
(A) the head of a Federal department or agency
makes a determination that the inclusion of a required
item of information on the Internet website would
jeopardize the health or security of an implementing
partner or program beneficiary; or
(B) the Secretary of State makes a determination
that the inclusion of a required item of information on
the Internet website would be detrimental to the
national interests of the United States,
then the head of such Federal department or agency or the
Secretary of State, as the case may be, shall provide briefings
to Congress on the item of information or submit to Congress
the item of information in a written report in lieu of it being
included on the Internet website, along with the reasons for it
not being included on the Internet website. Any such item of
information may be submitted to Congress in classified form.
(c) Scope of Information.--
(1) In general.--The Internet website shall contain the
information described in subsection (b) as follows:
(A) For fiscal year 2013, the information relating
to such fiscal year and each of the immediately
preceding 2 fiscal years.
(B) For fiscal year 2014, the information relating
to such fiscal year and each of the immediately
preceding 3 fiscal years.
(C) For fiscal year 2015, the information relating
to such fiscal year and each of the immediately
preceding 4 fiscal years.
(D) For fiscal year 2016 and each fiscal year
thereafter, the information relating to such fiscal
year and each of the immediately preceding 5 fiscal
years.
(2) Older information.--For fiscal year 2017 and each
fiscal year thereafter, the Internet website shall also contain
a link to a searchable database available to the public
containing information described in subsection (b) relating to
fiscal years prior to the immediately preceding 5 fiscal years
but subsequent to fiscal year 2010.
SEC. 4. CONGRESSIONAL BRIEFINGS IF REQUIREMENTS OF SECTION 3 ARE NOT
MET.
If the information described in section 3(b) with respect to a
United States foreign development assistance program is not provided as
required under section 3, then the head of the relevant Federal
department or agency shall provide briefings to the appropriate
congressional committees, along with a detailed explanation of why the
requirements for publication on the Internet have not been met and when
they will be met, with respect to each month for which such information
is not published on the Internet.
SEC. 5. OFFSET.
Of the amounts authorized to be appropriated for United States
foreign development assistance programs of a Federal department or
agency that administers such programs for a fiscal year, up to 5
percent of such amounts are authorized to be appropriated to carry out
this Act with respect to such programs for such fiscal year.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) United states foreign development assistance.--The term
``United States foreign development assistance'' means
assistance primarily for purposes of foreign development and
economic support, including but not limited to assistance
authorized under--
(A) part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), other than--
(i) title IV of chapter 2 of such part
(relating to the Overseas Private Investment
Corporation);
(ii) chapter 3 of such part (relating to
International Organizations and Programs); and
(iii) chapter 8 of such part (relating to
International Narcotics Control);
(B) chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.; relating to
Economic Support Fund) for long-term development; and
(C) the Millennium Challenge Act of 2003 (22 U.S.C.
7701 et seq.).
Passed the House of Representatives December 30, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Foreign Aid Transparency and Accountability Act of 2012 - Directs the President to establish guidelines regarding the establishment of measurable goals, performance metrics, and monitoring and evaluation plans for U.S. foreign assistance.
Requires such guidelines to provide direction to federal departments and agencies that administer U.S. foreign assistance relating to: (1) resource monitoring, (2) project and program evaluation, and (3) analysis of findings and generalizations and their applicability to proposed project and program design. Requires: (1) each appropriate federal department or agency to begin using such guidelines within one year after their establishment, and (2) the President to submit a related report to Congress within 18 months.
Directs the President to require the Secretary of State to establish and maintain an Internet website to make publicly available comprehensive and accessible information on U.S. foreign assistance programs on a country-by-country and program-by program basis.
Authorizes a department or agency to use up to 5% of its foreign development assistance funds for activities under this Act. | {"src": "billsum_train", "title": "To direct the President to establish guidelines for United States foreign development assistance, and for other purposes."} | 2,283 | 216 | 0.623665 | 1.75943 | 0.903656 | 3.663265 | 10.979592 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent National Security
Classification Board Act of 2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish in the executive branch an
Independent National Security Classification Board--
(1) to review the standards and procedures used in the
classification system for national security information;
(2) to propose and submit to Congress and the President for
comment new standards and procedures to be used in the
classification system for such information;
(3) to establish the new standards and procedures after
Congress and the President have had the opportunity to comment;
and
(4) to review, and make recommendations with respect to,
classifications of current and new information made under the
applicable classification system.
SEC. 3. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.
(a) Establishment.--The Independent National Security
Classification Board (in this Act referred to as the ``Board'') is
established as an independent agency in the executive branch.
(b) Composition.--The Board shall be composed of one member
appointed by the President, one member jointly recommended by the
Majority Leader and the Minority Leader of the Senate and appointed by
the President, and one member jointly recommended by the Speaker of the
House of Representatives and the Minority Leader of the House of
Representatives and appointed by the President, each by and with the
advice and consent of the Senate. Each member shall be knowledgeable on
classification matters.
(c) Term of Members.--Each member of the Board shall be appointed
for a term of 5 years. A member may be reappointed for one additional
5-year term. A member whose term has expired shall continue to serve on
the Board until a replacement has been appointed.
(d) Vacancies.--Any vacancy in the Board shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(e) Separate Office.--The Board shall have its own office for
carrying out its activities, and shall not share office space with any
element of the intelligence community or with any other department or
agency of the Federal Government.
(f) Chairman.--The Board shall select a Chairman from among its
members.
(g) Meetings.--The Board shall meet at the call of the Chairman.
(h) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Availability of Information.--The decision-making process of
the Board may be classified, but the final decisions of the Board and
the reports submitted under this Act shall be made available to the
public.
(j) Initial Appointments and Meeting.--
(1) Initial appointments.--Initial appointments of members
of the Board shall be made not later than 90 days after the
date of the enactment of this Act.
(2) Initial meeting.--The Board shall hold its first
meeting not later than 30 days after the date on which all
members of the Board have been appointed.
(k) Website.--The Board shall establish a website not later than 90
days after the date on which all members of the Board have been
appointed.
SEC. 4. DUTIES OF BOARD.
(a) Review of Classification System.--
(1) In general.--The Board shall conduct a thorough review
of the classification system for national security information,
including the policy, procedures, and practices of the system.
The Board shall recommend reforms of such system to ensure--
(A) the protection of the national security of the
United States;
(B) the sharing of information among Government
agencies; and
(C) an open and informed public discussion of
national security issues.
(2) Scope of review.--
(A) Consultation.--The Board shall consult with the
Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations
of the Senate and the Permanent Select Committee on
Intelligence, the Committee on Armed Services, and the
Committee on International Relations of the House of
Representatives in determining the scope of its review
of the classification system.
(B) Review.--The Board shall submit a report
describing the proposed scope of review to the
President and the committees of Congress referred to in
subparagraph (A) for comment.
(C) Revisions.--Not later than 30 days after
receiving the report under subparagraph (B)--
(i) the President shall notify the Board in
writing of any revisions to such scope of
review; and
(ii) each committee of Congress referred to
in subparagraph (A) may submit to the Board, in
writing, any comments of the committee on the
proposed scope of review.
(b) Adoption of National Security Information Classification
System.--
(1) Authority.--The Board shall prescribe the
classification system for national security information, which
shall apply to all departments and agencies of the United
States.
(2) Findings and recommendations.--The Board shall, in
accordance with the scope of review developed under subsection
(a)(2), review the classification system for national security
information and submit to the President and Congress its
findings and recommendations for new procedures and standards
to be used in such classification system.
(3) Classification system.--Not later than 180 days after
the date on which all members of the Board have been confirmed
by the Senate, the Board shall adopt a classification system
for national security information, incorporating any comments
received from the President and considering any comments
received from Congress. Upon the adoption of the classification
system, the system shall be used for the classification of all
national security information.
(c) Review of Classification Decisions.--
(1) In general.--The Board shall, upon its own initiative
or pursuant to a request under paragraph (3), review any
classification decision made by an Executive agency with
respect to national security information.
(2) Access.--The Board shall have access to all documents
or other materials that are classified on the basis of
containing national security information.
(3) Requests for review.--The Board shall review in a
timely manner the existing or proposed classification of any
document or other material the review of which is requested
by--
(A) the head or Inspector General of an Executive
agency who is an authorized holder of such document or
material; or
(B) the chairman or ranking member of--
(i) the Committee on Armed Services, the
Committee on Foreign Relations, or the Select
Committee on Intelligence of the Senate; or
(ii) the Committee on Armed Services, the
Committee on International Relations, or the
Permanent Select Committee on Intelligence of
the House of Representatives.
(4) Recommendations.--
(A) In general.--The Board may make recommendations
to the President regarding decisions to classify all or
portions of documents or other material for national
security purposes or to declassify all or portions of
documents or other material classified for such
purposes.
(B) Implementation.--Upon receiving a
recommendation from the Board under subparagraph (A),
the President shall either--
(i) accept and implement such
recommendation; or
(ii) not later than 60 days after receiving
the recommendation if the President does not
accept and implement such recommendation,
transmit in writing to Congress and have posted
on the Board's website a notification in
unclassified form of the justification for the
President's decision not to implement such
recommendation.
(5) Exemption from freedom of information act.--The Board
shall not be required to make documents or materials reviewed
under this subsection available to the public under section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act).
(6) Regulations.--The Board shall prescribe regulations to
carry out this subsection.
(7) Executive agency defined.--In this section, the term
``Executive agency'' has the meaning given that term in section
105 of title 5, United States Code.
SEC. 5. POWERS OF BOARD.
(a) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out this Act.
(b) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out this Act. Upon request of the
Chairman of the Board, the head of such department or agency shall
furnish such information to the Board.
(c) Administrative Support Services.--Upon request of the Board,
the Administrator of General Services shall provide to the Board, on a
reimbursable basis, the administrative support necessary for the Board
to carry out its duties under this Act.
(d) Postal Services.--The Board may use the United States mails in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(e) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. BOARD PERSONNEL MATTERS.
(a) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following: ``Members,
Independent National Security Classification Board.''.
(b) Staff.--
(1) In general.--The Chairman of the Board may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Board to perform
its duties under this Act. The employment of an executive
director shall be subject to confirmation by the Board.
(2) Compensation.--The Chairman of the Board may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(c) Detail of Government Employees.--Any employee of the Federal
Government may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Board $2,000,000 for
fiscal year 2005, and such sums as may be necessary thereafter. | Independent National Security Classification Board Act of 2004 - Establishes the Independent National Security Classification Board as an independent agency within the executive branch.
Directs the Board, with respect to national security information, to: (1) review the classification system for such information and recommend reforms to ensure the protection of national security, information sharing among Government agencies, and an open and informed public discussion; (2) prescribe the classification system for such information applicable to all departments and agencies of the United States; and (3) upon its own initiative or by request of the Inspector General of an executive agency or the chairman or ranking member of specified congressional committees, review any classification decision made by an executive agency with respect to such information.
Authorizes the Board to: (1) conduct hearings; (2) secure information from any Federal agency; (3) obtain administrative support services; (4) use the U.S. Postal Service in the same manner as other Federal agencies; and (5) accept, use, and dispose of gifts or donations of services or property. | {"src": "billsum_train", "title": "To establish an Independent National Security Classification Board in the executive branch, and for other purposes."} | 2,249 | 206 | 0.622929 | 1.616449 | 0.88868 | 3.626214 | 10.262136 | 0.956311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Accountability Act of
1993''.
SEC. 2. APPLICATION.
(a) General Rule.--Notwithstanding any other provision of law, the
laws specified in subsection (b) shall, to the extent that they relate
to the terms and conditions of employment (including hiring, promotion
or demotion, salary, benefits, work assignments or reassignments,
overtime, and termination), the health and safety of employees, and the
rights and responsibilities of employers and employees, apply to the
Congress in the same manner and to the same extent as they apply--
(1) in the case of a private person, to such a person; and
(2) in the case of an Executive agency (as defined by
section 105 of title 5, United States Code), to such an agency.
(b) Laws Made Applicable to Congress by This Act.--The laws
referred to in subsection (a) are the following:
(1) Social Security Act (42 U.S.C. 301 et seq.).
(2) National Labor Relations Act (29 U.S.C. 151 et seq.).
(3) Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(4) Civil Rights Act of 1964.
(5) Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.).
(6) Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
(7) Title IX of the Education Amendments of 1972.
(8) Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(9) Privacy Act of 1974 (5 U.S.C. 552a, 552a note).
(10) Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(11) Ethics in Government Act of 1978.
(12) Americans with Disabilities Act of 1990.
(c) Application of the Freedom of Information Act.--The Congress,
and the instrumentalities of Congress, shall be subject to section 552
of title 5, United States Code (commonly referred to as the ``Freedom
of Information Act''), to the same extent that Executive agencies (as
defined by section 105 of title 5, United States Code) are subject to
such section 552.
(d) Application of Independent Counsel Provisions.--Chapter 40 of
title 28, United States Code (relating to independent counsel), shall
apply to the Congress, such that the individuals referred to in
subsections (e) (1), (2), (3), (6), and (7) of this Act shall be deemed
to be included in section 591(b) of title 28, United States Code.
(e) Individuals Covered by Act.--This Act shall apply to the
following individuals:
(1) A Senator or Representative in, or Resident
Commissioner or Delegate to, the Congress (hereafter in this
Act referred to as ``Members'').
(2) An employee of either House of Congress, of a committee
of either House, or a joint committee of the two Houses.
(3) An elected officer of either House who is not a Member.
(4) The Legislative Counsel of either House and an employee
of the Legislative Counsel.
(5) A member of the Capitol Police.
(6) An employee of a Member if the pay of the employee is
paid by the Secretary of the Senate or the Clerk of the House
of Representatives.
(7) An employee of the instrumentalities of Congress,
including the Congressional Research Service, the Office of
Technology Assessment, the General Accounting Office, the
Office of the Architect of the Capitol, the Botanic Gardens,
the Government Printing Office, the Library of Congress, the
Congressional Budget Office, and the Copyright Royalty
Tribunal.
(f) Employees in the District or State Office of a Member.--For the
purposes of determining whether the individuals employed in the
district or State office of a Member are subject to the laws set forth
in section 2, the district or State office shall be treated as if it
were an affiliated branch of a private employer under the laws in
section 2.
(g) Place of Residence and Political Affiliation.--Notwithstanding
the laws set forth in section 2, a Member may consider the political
affiliation and place of residence of an individual seeking employment
on the personal staff of that Member.
(h) Conforming Amendment.--Section 509 of the Americans with
Disabilities Act of 1990 (104 Stat. 373) is repealed.
(i) Application of Small Business Exemption to Members.--To the
extent that a law referred to in section 2 contains an exemption for a
small business, such an exemption shall apply to a Member if the
aggregate number of employees of the Member and employees attributable
to the Member does not exceed the number of employees necessary to
qualify as a small business under the exemption. For the purpose of
this subsection, the number of employees attributable to a Member
equals the result of the sum of the employees specified in subsections
(e) (2), (3), (4), (6), and (7) who work in the District of Columbia
and are employed by the House in which that Member sits, divided by the
number of Members in that House.
SEC. 3. PROMULGATION OF IMPLEMENTING REGULATIONS.
Not later than the 180-day period beginning on the date of
enactment of this Act, the House of Representatives and the Senate
shall each promulgate rules and regulations to carry out this Act,
including specifically implementing each of the laws set forth in
section 2. Such rules and regulations shall be consistent with Federal
law. A House of Congress that fails to promulgate such rules and
regulations within such time period shall be subject to the regulations
of the relevant Executive agency.
SEC. 4. RIGHT OF APPEAL.
If any individual referred to in section 2(e) is aggrieved by an
action taken pursuant to this Act, such individual may seek review of
that action in a Federal district court of competent jurisdiction and
shall have the same rights and remedies provided to private persons
under the laws referred to in section 2. | Congressional Accountability Act of 1993 - Makes applicable to the Congress the following Federal laws, to the extent that they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978; and (12) Americans with Disabilities Act of 1990.
Makes applicable also to the Congress specified provisions of Federal law: (1) commonly referred to as the Freedom of Information Act; and (2) relating to independent counsel. | {"src": "billsum_train", "title": "Congressional Accountability Act of 1993"} | 1,370 | 194 | 0.640038 | 1.899863 | 0.836949 | 6.165829 | 6.386935 | 0.959799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Americans Working Building Our
Transportation Infrastructure Act''.
SEC. 2. HIGHWAYS.
(a) Waiver Requirement.--Section 313 of title 23, United States
Code, is amended by adding at the end the following:
``(g) Waiver Requirements.--
``(1) Notice of waiver request.--The Secretary shall
publish on the Internet any request for a waiver and provide an
opportunity for public comment on the intent to issue a waiver
for a period of not less than 15 days. The Secretary shall
consider all comments received during the comment period in
evaluating the waiver request.
``(2) Requirements for waiver finding.--If the Secretary
makes a finding under subsection (b) with respect to a project,
the Secretary--
``(A) shall publish in the Federal Register, before
the date on which such finding takes effect, a detailed
written justification as to the reasons that such
finding is needed;
``(B) shall provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable time period, but not less than 15 days;
``(C) shall review all comments received during the
comment period after notice of the finding; and
``(D) may terminate or modify a finding based on
comments received after the effective date of the
finding.
``(3) Limitation on statutory construction.--Nothing in
paragraph (2) shall be construed to require the effective date
of a finding referred to in such paragraph to be delayed until
after the close of the public comment period referred to in
paragraph (2)(B).
``(h) Annual Reports.--Not later than February 1 of each year
beginning after the date of enactment of the Keep Americans Working
Building Our Transportation Infrastructure Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the projects for which the Secretary
made findings under subsection (b) during the preceding calendar year
and the justifications for such findings.''.
(b) Repeals.--
(1) Waiver notification and annual reports.--Section 117 of
the SAFETEA-LU Technical Corrections Act of 2008 is repealed.
(2) Public comments to waive certain requirements.--Section
123 of title I of division A of the Consolidated Appropriations
Act, 2010 is repealed.
SEC. 3. TRANSIT.
Section 5323(j)(3) of title 49, United States Code, is amended to
read as follows:
``(3) Waiver Requirements.--
``(A) Notice of waiver request.--The Secretary shall
publish on the Internet any request for a waiver and provide an
opportunity for public comment on the intent to issue a waiver
for a period of not less than 15 days. The Secretary shall
consider all comments received during the comment period in
evaluating the waiver request.
``(B) Requirements for waiver finding.--If the Secretary
makes a finding under paragraph (2) with respect to a project,
the Secretary--
``(i) shall publish in the Federal Register, before
the date on which such finding takes effect, a detailed
written justification as to the reasons that such
finding is needed;
``(ii) shall provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable time period, but not less than 15 days;
``(iii) shall review all comments received during
the comment period after notice of the finding; and
``(iv) may terminate or modify a finding based on
comments received after the effective date of the
finding.
``(C) Limitation on statutory construction.--Nothing in
subparagraph (B) shall be construed to require the effective
date of a finding referred to in such subparagraph to be
delayed until after the close of the public comment period
referred to in subparagraph (B)(ii).
``(D) Annual reports.--Not later than February 1 of each
year beginning after the date of enactment of the Keep
Americans Working Building Our Transportation Infrastructure
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the projects for which the
Secretary made findings under paragraph (2) during the
preceding calendar year and the justifications for such
findings.''.
SEC. 4. AVIATION.
Section 50101 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Waiver Requirements.--
``(1) Notice of waiver request.--The Secretary shall
publish on the Internet any request for a waiver and provide an
opportunity for public comment on the intent to issue a waiver
for a period of not less than 15 days. The Secretary shall
consider all comments received during the comment period in
evaluating the waiver request.
``(2) Requirements for waiver finding.--If the Secretary
makes a finding under subsection (b) with respect to a project,
the Secretary--
``(A) shall publish in the Federal Register, before
the date on which such finding takes effect, a detailed
written justification as to the reasons that such
finding is needed;
``(B) shall provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable time period, but not less than 15 days;
``(C) shall review all comments received during the
comment period after notice of the finding; and
``(D) may terminate or modify a finding based on
comments received after the effective date of the
finding.
``(3) Limitation on statutory construction.--Nothing in
paragraph (2) shall be construed to require the effective date
of a finding referred to in such paragraph to be delayed until
after the close of the public comment period referred to in
paragraph (2)(B).
``(e) Annual Reports.--Not later than February 1 of each year
beginning after the date of enactment of the Keep Americans Working
Building Our Transportation Infrastructure Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the projects for which the Secretary
made findings under subsection (b) during the preceding calendar year
and the justifications for such findings.''.
SEC. 5. RAIL.
(a) Waiver Requirements.--Section 24405(a)(4) of title 49, United
States Code, is amended to read as follows:
``(4) Waiver Requirements.--
``(A) Notice of waiver request.--The Secretary shall
publish on the Internet any request for a waiver and provide an
opportunity for public comment on the intent to issue a waiver
for a period of not less than 15 days. The Secretary shall
consider all comments received during the comment period in
evaluating the waiver request.
``(B) Requirements for waiver finding.--If the Secretary
makes a finding under paragraph (2) with respect to a project,
the Secretary--
``(i) shall publish in the Federal Register, before
the date on which such finding takes effect, a detailed
written justification as to the reasons that such
finding is needed;
``(ii) shall provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable time period, but not less than 15 days;
``(iii) shall review all comments received during
the comment period after notice of the finding; and
``(iv) may terminate or modify a finding based on
comments received after the effective date of the
finding.
``(C) Limitation on statutory construction.--Nothing in
subparagraph (B) shall be construed to require the effective
date of a finding referred to in such subparagraph to be
delayed until after the close of the public comment period
referred to in subparagraph (B)(ii).''.
(b) Annual Reports.--Section 24405(a)(5) of title 49, United States
Code, is amended to read as follows:
``(5) Annual Reports.--Not later than February 1 of each year
beginning after the date of enactment of the Keep Americans Working
Building Our Transportation Infrastructure Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the projects for which the Secretary
made findings under paragraph (2) during the preceding calendar year
and the justifications for such findings.''.
SEC. 6. AMTRAK.
Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Waiver Requirements.--
``(A) Notice of waiver request.--The Secretary shall
publish on the Internet any request for a waiver and provide an
opportunity for public comment on the intent to issue a waiver
for a period of not less than 15 days. The Secretary shall
consider all comments received during the comment period in
evaluating the waiver request.
``(B) Requirements for waiver finding.--If the Secretary
makes a finding under paragraph (4) with respect to a project,
the Secretary--
``(i) shall publish in the Federal Register, before
the date on which such finding takes effect, a detailed
written justification as to the reasons that such
finding is needed;
``(ii) shall provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable time period, but not less than 15 days;
``(iii) shall review all comments received during
the comment period after notice of the finding; and
``(iv) may terminate or modify a finding based on
comments received after the effective date of the
finding.
``(C) Limitation on statutory construction.--Nothing in
subparagraph (B) shall be construed to require the effective
date of a finding referred to in such subparagraph to be
delayed until after the close of the public comment period
referred to in subparagraph (B)(ii).
``(D) Annual reports.--Not later than February 1 of each
year beginning after the date of enactment of the Keep
Americans Working Building Our Transportation Infrastructure
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the projects for which the
Secretary made findings under paragraph (4) during the
preceding calendar year and the justifications for such
findings.''. | Keep Americans Working Building Our Transportation Infrastructure Act - Directs the Secretary of Transportation to publish on the Internet any request for a waiver of Buy American requirements under the highway, public transportation, aviation, or passenger rail programs and provide the public with an opportunity to comment on the intent to issue a waiver.
Requires the Secretary, upon deciding to grant such a waiver, to: (1) publish in the Federal Register, before the decision takes effect, a detailed written justification of the waiver; (2) provide the public with notice of the decision and an opportunity to comment on it for a reasonable period, but no less than 15 days; and (3) review those comments.
Authorizes the Secretary to terminate or modify a waiver decision based on comments received after the decision takes effect.
Repeals existing Buy American waiver requirements under the SAFETEA-LU Technical Corrections Act of 2008 and the Consolidated Appropriations Act, 2010. | {"src": "billsum_train", "title": "To improve transparency and accountability in the waiver process of the Buy America requirement for certain transportation provisions."} | 2,358 | 198 | 0.692563 | 2.123014 | 0.774349 | 3.133333 | 12.055556 | 0.877778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Freedom and
Nondiscrimination Act of 2006''.
SEC. 2. PURPOSES.
The purposes of this Act are to promote competition, to facilitate
trade, and to ensure competitive and nondiscriminatory access to the
Internet.
SEC. 3. AMENDMENTS TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating section 28 as section 29,
(2) by inserting after section 27 the following:
``discrimination by broadband network providers
``Sec. 28. (a) It shall be unlawful for any broadband network
provider--
``(1) to fail to provide its broadband network services on
reasonable and nondiscriminatory terms and conditions such that
any person can offer or provide content, applications, or
services to or over the network in a manner that is at least
equal to the manner in which the provider or its affiliates
offer content, applications, and services, free of any
surcharge on the basis of the content, application, or service;
``(2) to refuse to interconnect its facilities with the
facilities of another provider of broadband network services on
reasonable and nondiscriminatory terms or conditions;
``(3)(A) to block, to impair, to discriminate against, or
to interfere with the ability of any person to use a broadband
network service to access, to use, to send, to receive, or to
offer lawful content, applications or services over the
Internet; or
``(B) to impose an additional charge to avoid any conduct
that is prohibited by this subsection;
``(4) to prohibit a user from attaching or using a device
on the provider's network that does not physically damage or
materially degrade other users' utilization of the network; or
``(5) to fail to clearly and conspicuously disclose to
users, in plain language, accurate information concerning any
terms, conditions, or limitations on the broadband network
service.
``(b) If a broadband network provider prioritizes or offers
enhanced quality of service to data of a particular type, it must
prioritize or offer enhanced quality of service to all data of that
type (regardless of the origin or ownership of such data) without
imposing a surcharge or other consideration for such prioritization or
enhanced quality of service.
``(c) Nothing in this section shall be construed to prevent a
broadband network provider from taking reasonable and nondiscriminatory
measures--
``(1) to manage the functioning of its network, on a
systemwide basis, provided that any such management function
does not result in discrimination between content,
applications, or services offered by the provider and
unaffiliated provider;
``(2) to give priority to emergency communications;
``(3) to prevent a violation of a Federal or State law, or
to comply with an order of a court to enforce such law;
``(4) to offer consumer protection services (such as
parental controls), provided that a user may refuse or disable
such services;
``(5) to offer special promotional pricing or other
marketing initiatives; or
``(6) to prioritize or offer enhanced quality of service to
all data of a particular type (regardless of the origin or
ownership of such data) without imposing a surcharge or other
consideration for such prioritization or quality of service.
``(d) For purposes of this section--
``(1) the term `affiliate' means--
``(A) a person that directly or indirectly owns,
controls, is owned or controlled by, or is under the
common ownership or control with another person; or
``(B) a person that has a contract or other
arrangement with a content or service provider
concerning access to, or distribution of, such content
or such service;
``(2) the term `broadband network provider' means a person
engaged in commerce that owns, controls, operates, or resells
any facility used to provide broadband network service to the
public, by whatever technology and without regard to whether
provided for a fee, in exchange for an explicit benefit, or for
free;
``(3) the term `broadband network service' means a 2-way
transmission service that connects to the Internet and
transmits information at an average rate of at least 200
kilobits per second in at least one direction, irrespective of
whether such transmission is provided separately or as a
component of another service; and
``(4) the term `user' means a person who takes and uses
broadband network service, whether provided for a fee, in
exchange for an explicit benefit, or for free.'', and
(3) by amending subsection (a) and the 1st sentence of
subsection (b) of section 11 by striking ``and 8'' and
inserting ``8, and 28''. | Internet Freedom and Nondiscrimination Act of 2006 - Amends the Clayton Act to prohibit any broadband network provider from: (1) failing to provide its services on reasonable and nondiscriminatory terms; (2) refusing to interconnect its facilities with those of another service provider on reasonable and nondiscriminatory terms; (3) blocking, impairing, discriminating against, or interfering with any person's ability to use a broadband network service to access or offer lawful content, applications, or services over the Internet (or imposing an additional charge to avoid such prohibited conduct); (4) prohibiting a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or (5) failing to clearly and conspicuously disclose to users accurate information concerning service terms.
Requires a provider that prioritizes or offers enhanced quality of service to data of a particular type to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration.
Permits a provider to take reasonable and nondiscriminatory measures to: (1) manage the functioning of its network and services; (2) give priority to emergency communications; (3) prevent a violation of federal or state law; (4) offer consumer protection services; (5) offer special promotional pricing or other marketing initiatives; or (6) prioritize or offer enhanced quality of service to all data of a particular type without imposing a surcharge or other consideration. | {"src": "billsum_train", "title": "To amend the Clayton Act with respect to competitive and nondiscriminatory access to the Internet."} | 1,055 | 324 | 0.755869 | 2.637988 | 0.950937 | 4.622378 | 3.608392 | 0.951049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Primary and Preventive
Health Care Corps Act of 2009''.
SEC. 2. PRIMARY AND PUBLIC HEALTH SCHOLARSHIP PROGRAM.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Primary and Public Health Scholarship Program
``SEC. 775. SCHOLARSHIP PROGRAM.
``(a) In General.--The Secretary shall establish and carry out the
Primary and Public Health Scholarship Program (in this section referred
to as the `Scholarship Program') under which the Secretary shall enter
into contracts with all eligible individuals in accordance with this
section.
``(b) Eligibility.--To be eligible to participate in the
Scholarship Program, an individual must--
``(1) be accepted for enrollment, or be enrolled, as a
full-time student--
``(A) in an accredited (as determined by the
Secretary) institution of higher education that is a
public graduate medical school in a State that is
funded by such State; and
``(B) in a course of study or program, offered by
such institution and approved by the Secretary, leading
to a degree in medicine, osteopathic medicine,
dentistry, or other health profession, or an
appropriate degree from a graduate program of
behavioral and mental health;
``(2) submit an application to participate in the
Scholarship Program in such form and manner and at such time as
specified by the Secretary; and
``(3) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)) to accept payment of a scholarship and to serve
(in accordance with this section) for a period of not less than
4 years at a health care facility that serves a designated
primary care or public health shortage area located in the
State in which the institution is located.
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Scholarship Program only upon the approval of the Secretary
of the individual's application submitted under subsection
(b)(2) and the Secretary's acceptance of the contract submitted
by the individual under subsection (b)(3).
``(2) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the
Scholarship Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) subject to paragraph (2), the Secretary
agrees to provide the individual with a scholarship
(described in subsection (e)) for each such school year
during the period of years (not to exceed four school
years), during which the individual is pursuing a
course of study described in subsection (b)(1)(B); and
``(B) subject to paragraph (2), the individual
agrees--
``(i) to accept provision of such a
scholarship to the individual;
``(ii) to maintain enrollment in a course
of study described in subsection (b)(1)(B)
until the individual completes the course of
study;
``(iii) while enrolled in such course of
study, to maintain an acceptable level of
academic standing (as determined under
regulations of the Secretary by the educational
institution offering such course of study); and
``(iv) to serve as a health professional
for a period of full-time service of not less
than 4 years at a health care facility serving
an area--
``(I) that is located in the State
in which the individual attended the
institution of higher education
described in subsection (b)(1)(A); and
``(II) that is designated by the
Secretary, in consultation with the
Governor of such State, as being a
primary care or public health shortage
area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for scholarships under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f) for the individual's breach
of the contract; and
``(4) such other statements of the rights and liabilities
of the Secretary and of the individual, not inconsistent with
the provisions of this title.
``(e) Scholarships.--
``(1) In general.--Subject to subparagraph (3), a
scholarship provided to a student for a school year under a
written contract under the Scholarship Program shall consist of
payment to, or (in accordance with paragraph (2)) on behalf of,
the student of the amount of the tuition of the student in such
school year.
``(2) Payments to schools.--The Secretary may contract with
an institution of higher education described in subsection
(b)(1)(A), in which a participant in the Scholarship Program is
enrolled, for the payment to the educational institution of the
amounts of tuition and other reasonable educational expenses
described in paragraph (1). Payment to such an educational
institution may be made without regard to section 3648 of the
Revised Statutes (31 U.S.C. 529).
``(3) Limitation on revenue increase.--In no case shall the
Secretary provide a scholarship under this section with respect
to a student for a school year for an institution of higher
education described in subsection (b)(1)(A) if the percentage
of revenues of the institution that such institution receives
from tuition for the year (taking into account the provision of
this section) would increase by more than 3 percentage points
from the year prior to the date of the enactment of this
section.
``(f) Breach of Scholarship.--
``(1) Failure to complete course of study.--An individual
who has entered into a written contract with the Secretary
under this section and who--
``(A) fails to maintain an acceptable level of
academic standing in the institution of higher
education described in subsection (b)(1)(A) in which he
is enrolled (such level determined by the institution
under regulations of the Secretary);
``(B) is dismissed from such institution for
disciplinary reasons; or
``(C) voluntarily terminates the training in such
an institution for which he is provided a scholarship
under such contract, before the completion of such
training,
in lieu of any service obligation arising under such contract,
shall be liable to the United States for the amount that is
equal to the sum of the total amount which has been paid to the
individual, or on the behalf of the individual, under the
contract plus any amount of interest, as determined by the
Secretary.
``(2) Failure to complete service obligation.--If an
individual breaches his written contract by failing to begin
such individual's service obligation under this section, or to
complete such service obligation, the United States shall be
entitled to recover from the individual an amount that is equal
to the sum of--
``(A) the total amount which has been paid to the
individual, or on his behalf of the individual, under
the contract;
``(B) any amount of interest, as determined by the
Secretary; and
``(C) the amount that is equal to 10 percent of the
amount described in subparagraph (A).
``(g) Designated Primary Care or Public Health Shortage Area.--For
purposes of this section, the term `designated primary care or public
health shortage area' means, with respect to a State, an area
designated by the Secretary, in consultation with the Governor of the
State, as being without sufficient practicing primary care physicians
to ensure access to primary care, public health care services, and
preventive care.
``(h) Applicability of Certain Provisions.--The provisions of
subpart III of part D of title III shall, except as inconsistent with
this section, apply to the program established under this section in
the same manner and to the same extent as such provisions apply to the
National Health Service Corps Scholarship Program established under
such subpart.''. | United States Primary and Preventive Health Care Corps Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Primary and Public Health Scholarship Program to provide scholarships to students pursuing a health professional degree, including dentistry and behavior and mental health, in exchange for service as a health professional for not less than four years at a health care facility that serves a designated primary care or public health shortage area located in the state in which the institution of higher education is located. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a Primary and Public Health Scholarship Program."} | 1,801 | 110 | 0.610488 | 1.46832 | 1.229482 | 4.424242 | 17.626263 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder Protection Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Corporations make significant political contributions
and expenditures that directly or indirectly influence the
election of candidates and support or oppose political causes.
Decisions to use corporate funds for political contributions
and expenditures are usually made by corporate boards and
executives, rather than shareholders.
(2) Corporations, acting through their boards and
executives, are obligated to conduct business for the best
interests of their owners, the shareholders.
(3) Historically, shareholders have not had a way to know,
or to influence, the political activities of corporations they
own. Shareholders and the public have a right to know how
corporations are spending their funds to make political
contributions and expenditures benefitting candidates,
political parties, and political causes.
(4) Corporations should be accountable to their
shareholders in making political contributions or expenditures
affecting Federal governance and public policy. Requiring the
express approval of a corporation's shareholders prior to
making political contributions or expenditures will establish
necessary accountability.
SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14B (15 U.S.C. 78n-2) the following:
``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND
DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.
``(a) Definitions.--In this section--
``(1) the term `expenditure for political activities'--
``(A) means--
``(i) an independent expenditure, as such
term is defined in section 301(17) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
431(17));
``(ii) an electioneering communication, as
such term is defined in section 304(f)(3) of
such Act (2 U.S.C. 434(f)(3)) and any other
public communication (as such term is defined
in section 301(22) of such Act (2 U.S.C.
431(22))) that would be an electioneering
communication if it were a broadcast, cable, or
satellite communication; or
``(iii) dues or other payments to trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code that are, or could reasonably be
anticipated to be, used or transferred to
another association or organization for the
purposes described in clauses (i) or (ii); and
``(B) does not include--
``(i) direct lobbying efforts through
registered lobbyists employed or hired by the
issuer;
``(ii) communications by an issuer to its
shareholders and executive or administrative
personnel and their families; or
``(iii) the establishment and
administration of contributions to a separate
segregated fund to be utilized for political
purposes by a corporation; and
``(2) the term `issuer' does not include an investment
company registered under section 8 of the Investment Company
Act of 1940 (15 U.S.C. 80a-8).
``(b) Shareholder Authorization for Political Expenditures.--Each
solicitation of proxy, consent, or authorization by an issuer with a
class of equity securities registered under section 12 of this title
shall--
``(1) contain--
``(A) a description of the specific nature of any
expenditure for political activities proposed to be
made by the issuer for the forthcoming fiscal year that
has not been authorized by a vote of the shareholders
of the issuer, to the extent the specific nature is
known to the issuer; and
``(B) the total amount of expenditures for
political activities proposed to be made by the issuer
for the forthcoming fiscal year; and
``(2) provide for a separate vote of the shareholders of
the issuer to authorize such expenditures for political
activities in the total amount described in paragraph (1).
``(c) Vote Required To Make Expenditures.--No issuer shall make an
expenditure for political activities in any fiscal year unless such
expenditure--
``(1) is of the nature of those proposed by the issuer in
subsection (b)(1); and
``(2) has been authorized by a vote of the majority of the
outstanding shares of the issuer in accordance with subsection
(b)(2).
``(d) Fiduciary Duty; Liability.--
``(1) Fiduciary duty.--A violation of subsection (c) shall
be considered a breach of a fiduciary duty of the officers and
directors who authorized the expenditure for political
activities.
``(2) Liability.--An officer or director of an issuer who
authorizes an expenditure for political activities in violation
of subsection (c) shall be jointly and severally liable in any
action brought in a court of competent jurisdiction to any
person or class of persons who held shares at the time the
expenditure for political activities was made for an amount
equal to 3 times the amount of the expenditure for political
activities.
``(e) Disclosure of Votes.--
``(1) Disclosure required.--Each institutional investment
manager subject to section 13(f) shall disclose not less
frequently than annually how it voted on any shareholder vote
under subsection (a), unless the vote is otherwise required by
rule of the Commission to be reported publicly.
``(2) Rules.--Not later than 6 months after the date of
enactment of this section, the Commission shall issue rules to
carry out this subsection that require that a disclosure
required under paragraph (1)--
``(A) be made not later than 30 days after a vote
described in paragraph (1); and
``(B) be made available to the public through the
EDGAR system as soon as practicable.
``(f) Safe Harbor for Certain Divestment Decisions.--
Notwithstanding any other provision of Federal or State law, if an
institutional investment manager makes the disclosures required under
subsection (e), no person may bring any civil, criminal, or
administrative action against the institutional investment manager, or
any employee, officer, or director thereof, based solely upon a
decision of the investment manager to divest from, or not to invest in,
securities of an issuer due to an expenditure for political activities
made by the issuer.''.
SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
ACTIVITIES.
The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is
amended by adding after section 16 (15 U.S.C. 78p) the following:
``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
ACTIVITIES.
``(a) Definitions.--In this section, the terms `expenditure for
political activities' and `issuer' have the same meaning as in section
14C.
``(b) Listing on Exchanges.--Not later than 180 days after the date
of enactment of this section, the Commission shall, by rule, direct the
national securities exchanges and national securities associations to
prohibit the listing of any class of equity security of an issuer that
is not in compliance with the requirements of any portion of subsection
(c).
``(c) Requirement for Vote in Corporate Bylaws.--
``(1) Vote required.--The bylaws of an issuer shall
expressly provide for a vote of the board of directors of the
issuer on--
``(A) any expenditure for political activities in
excess of $50,000; and
``(B) any expenditure for political activities that
would result in the total amount spent by the issuer
for a particular election (as such term is defined in
section 301(1) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(1))) in excess of $50,000.
``(2) Public availability.--An issuer shall make the votes
of each member of the board of directors for a vote required
under paragraph (1) publicly available not later than 48 hours
after the vote, including in a clear and conspicuous location
on the Web site of the issuer.
``(d) No Effect on Determination of Coordination With Candidates or
Campaigns.--For purposes of the Federal Election Campaign Act of 1971,
an expenditure for political activities by an issuer shall not be
treated as made in concert or cooperation with, or at the request or
suggestion of, any candidate or committee solely because a member of
the board of directors of the issuer voted on the expenditure as
required under this section.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(r) Reporting Requirements Relating to Certain Political
Expenditures.--
``(1) Definitions.--In this subsection, the terms
`expenditure for political activities' and `issuer' have the
same meaning as in section 14C.
``(2) Quarterly reports.--
``(A) Reports required.--Not later than 180 days
after the date of enactment of this subsection, the
Commission shall amend the reporting rules under this
section to require each issuer with a class of equity
securities registered under section 12 of this title to
submit to the Commission and the shareholders of the
issuer a quarterly report containing--
``(i) a description of any expenditure for
political activities made during the preceding
quarter;
``(ii) the date of each expenditure for
political activities;
``(iii) the amount of each expenditure for
political activities;
``(iv) the votes of each member of the
board of directors authorizing the expenditure
for political activity, as required under
section 16A(c);
``(v) if the expenditure for political
activities was made in support of or opposed to
a candidate, the name of the candidate and the
office sought by, and the political party
affiliation of, the candidate; and
``(vi) the name or identity of trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code which receive dues or other
payments as described in section
14C(a)(1)(A)(iii).
``(B) Public availability.--The Commission shall
ensure that, to the greatest extent practicable, the
quarterly reports required under this paragraph are
publicly available through the Web site of the
Commission and through the EDGAR system in a manner
that is searchable, sortable, and downloadable,
consistent with the requirements under section 24.
``(3) Annual reports.--Not later than 180 days after the
date of enactment of this subsection, the Commission shall, by
rule, require each issuer to include in the annual report of
the issuer to shareholders a summary of each expenditure for
political activities made during the preceding year in excess
of $10,000, and each expenditure for political activities for a
particular election if the total amount of such expenditures
for that election is in excess of $10,000.''.
SEC. 6. REPORTS.
(a) Securities and Exchange Commission.--The Securities and
Exchange Commission shall--
(1) conduct an annual assessment of the compliance of
issuers and officers and members of the boards of directors of
issuers with sections 14C, 16A, and 13(r) of the Securities
Exchange Act, as added by this Act; and
(2) submit to Congress an annual report of containing the
results of the assessment under paragraph (1).
(b) Government Accountability Office.--The Comptroller General of
the United States shall periodically evaluate and report to Congress on
the effectiveness of the oversight by the Securities and Exchange
Commission of the reporting and disclosure requirements under sections
14C, 16A, and 13(r) of the Securities Exchange Act, as added by this
Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby. | Shareholder Protection Act of 2011 - Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature (to the extent known) and total amount of expenditures proposed for political activities for the forthcoming fiscal year but not yet authorized by a vote of the issuer's shareholders, and (2) provide for a separate shareholder vote to authorize such proposed expenditures.
Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure is of the nature of those proposed by the issuer according to the requirements of this Act; and (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares.
Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure.
Requires certain institutional investment managers to disclose annually in mandatory reports how they voted (proxies) in certain shareholder votes.
Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to divest from, or not to invest in, securities of an issuer because of expenditures for political activities made by that issuer.
Requires the Securities and Exchange Commission (SEC) to direct the national securities exchanges and national securities associations to prohibit the listing of any equity security of an issuer whose corporate bylaws do not expressly provide for a vote of the issuer's directors on any individual expenditure for political activities in excess of $50,000. Requires an issuer to make public, within 48 hours, the individual votes of the directors regarding any such expenditure.
Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter and the individual votes by board members authorizing such expenditures; and (2) make such reports publicly available through the SEC website.
Requires the SEC to make annual assessments of the compliance by public corporations and their management with the reporting and disclosure requirements of this Act, and the Comptroller General (GAO) to evaluate periodically the effectiveness of SEC oversight of these requirements. | {"src": "billsum_train", "title": "A bill to amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes."} | 2,801 | 530 | 0.537719 | 1.86168 | 0.589304 | 3.032051 | 5.331197 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science and Technology Emergency
Mobilization Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) In the aftermath of the terrorist attacks of September
11, 2001, many private-sector technology and science experts
provided valuable assistance to rescue and recovery efforts by
donating their time and expertise. However, many who wished to
help had significant difficulty determining how they could be
most useful. They were hampered by the lack of any
organizational structure to harness their abilities and
coordinate their efforts.
(2) A prompt and well-coordinated volunteer base of
technology and science expertise could help save lives, aid
rescue efforts, and rebuild critical technology infrastructures
in the event of a future major terrorist attack, natural
disaster, or other emergency. Technology and science expertise
also could help minimize the vulnerability of critical
infrastructure to future attacks or natural disasters.
(3) Police, fire personnel, and other local emergency
responders frequently could benefit from timely technological
assistance, and efforts to organize a system to assist in
locating the desired help should be expedited.
(4) Efforts to develop and deploy innovative new
technologies for use by government emergency prevention and
response agencies would be improved by the designation of a
clear contact point within the Federal Government for intake
and evaluation of technology ideas.
(5) The creation of compatible communications systems would
strengthen emergency response efforts of police, fire, and
other emergency response personnel to communicate effectively
with each other and with their counterparts from nearby
jurisdictions. Some programs, such as the Capital Wireless
Integrated Network (CapWIN), have made significant progress in
addressing the issue of interoperable communications between
emergency service providers in particular urban areas and the
Federal Government has sought to address the issue through the
Public Safety Wireless Networks program. Relatively few States
and localities, however, have achieved a sufficient level of
communications interoperability.
(b) Purpose.--The purpose of this Act is to reinforce, focus, and
expedite ongoing efforts to mobilize America's extensive capability in
technology and science in responding to the threats posed by terrorist
attacks, natural disasters, and other major emergencies, by creating--
(1) a national emergency technology guard or ``NET Guard''
that includes--
(A) rapid response teams of volunteers with
technology and science expertise, organized at the
local level; and
(B) opportunities for NET Guard volunteers to
assist with non-emergency tasks related to local
preparedness and prevention, including reducing the
vulnerability of government information technology
systems;
(2) a national clearinghouse for innovative civilian
technologies relating to emergency prevention and response; and
(3) a pilot program to assist state efforts to achieve the
interoperability of communications systems used by fire, law
enforcement, and emergency preparedness and response agencies.
SEC. 3. ESTABLISHMENT OF NATIONAL EMERGENCY TECHNOLOGY GUARD.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the President shall designate an appropriate department,
agency, or office to compile and maintain a repository database of
nongovernmental technology and science experts who have offered, and
who can be mobilized, to help Federal agencies counter terrorism.
(b) Net Guard Disaster Response Teams.--
(1) Certification procedures.--The President shall also
designate an appropriate department, agency, or office (which
may be the department, agency, or office designated under
subsection (a)) to develop a procedure to encourage groups of
volunteers with technological or scientific expertise to team
with individuals from State and local governments, local
emergency response agencies, and nongovernmental emergency aid,
assistance, and relief organizations.
(2) Team formation.--The department, agency, or office
designated under paragraph (1) may develop and implement a
system for facilitating the formation of local teams of such
volunteers by helping individuals that wish to participate in
such teams to locate and contact one another.
(3) Criteria for certification.--The department, agency, or
office designated under paragraph (1) shall establish criteria
for the certification of such teams, including--
(A) the types of expertise, capabilities, and
equipment required; and
(B) minimum training and practice requirements,
including participation in not less than two emergency
drills each year.
(4) Certification and credentials.--The department, agency,
or office designated under paragraph (1) shall--
(A) certify any group of individuals requesting
certification as a NET Guard disaster response team
that complies with the procedures established under
paragraph (1) and meets the criteria established under
paragraph (3);
(B) issue credentials and forms of identification
as appropriate identifying each such team and its
members; and
(C) suspend, withdraw, or terminate certification
of and recover credentials and forms of identification
from any NET Guard disaster response team, or any
member thereof, when the head of the entity designated
deems it appropriate.
(5) Compensation; per diem, travel, and transportation
expenses.--The department, agency, or office designated under
paragraph (1) may authorize the payment to a member of a NET
Guard disaster response team, for the period that member is
engaged in performing duties as such member at the request of
the United States--
(A) compensation as employees for temporary or
intermittent services as experts or consultants under
section 3109 of title 5, United States Code; and
(B) travel or transportation expenses, including
per diem in lieu of subsistence, as provided by section
5703 of title 5.
(c) Additional Authorities.--The head of the department, agency, or
office designated under paragraph (1) may--
(1) activate NET Guard disaster response teams in an
emergency (as defined in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)) or a major disaster (as defined in section
102(2) of that Act);
(2) provide for access by team members to emergency sites;
and
(3) assign, on a voluntary basis, NET Guard volunteers to
work, on a temporary basis on--
(A) the development and maintenance of the database
described in subsection (a) and the procedures for
access to the database; and
(B) such other technology related projects to
improve emergency preparedness and prevention as may be
appropriate.
SEC. 4. CENTER FOR CIVILIAN HOMELAND SECURITY TECHNOLOGY EVALUATION.
(a) In General.--The President shall establish a Center for
Civilian Homeland Security Technology Evaluation within the Executive
Branch to evaluate innovative technologies relating to security and
emergency preparedness and response and to serve as a national
clearinghouse for such technologies.
(b) Function.--The Center shall--
(1) serve as a principal, national contact point for the
intake of innovative technologies relating to security and
emergency preparedness and response;
(2) evaluate promising new technologies relating to
security and emergency preparedness and response;
(3) assure persons and companies that have submitted a
technology receive a timely response to inquiries;
(4) upon request by Federal agencies consult with and
advise Federal agencies about the development, modification,
acquisition, and deployment of technology relating to security
and emergency preparedness and response; and
(5) provide individuals and companies that have submitted
information about a technology the ability to track, to the
extent practicable, the current status of their submission
online.
(c) Model.--The Center may be modeled on the Technical Support
Working Group that provides an interagency forum to coordinate research
and development of technologies for combating terrorism.
(d) Internet Access.--
(1) In general.--The President shall create an online
portal accessible through the FirstGov Internet website
(www.firstgov.gov), or any successor to such website, to
provide individuals and companies with innovative technologies
a single point of access to the Center and a single point of
contact at each Federal agency participating in the Center.
(2) Functions.--The Center portal shall--
(A) provide individuals and companies with an
online opportunity to obtain information about various
open solicitations relevant to homeland security and
points of contact for submission of solicited and
unsolicited proposals; and
(B) include safeguards to ensure that business
proprietary information is protected and that no
personally identifiable information is accessible to
unauthorized persons.
(e) Procurement Not Conditioned on Submission.--Nothing in this
section requires a technology to be submitted to, or evaluated by, the
Center in order to be eligible for procurement by Federal agencies.
SEC. 5. COMMUNICATIONS INTEROPERABILITY PILOT PROJECTS.
(a) In General.--The President shall establish within an
appropriate department, agency, or office a pilot program for planning
or implementation of interoperable communications systems for
appropriate emergency response agencies.
(b) Grants.--The head of the department, agency, or office in which
the program is established under subsection (a) shall make grants of
$5,000,000 each to seven different States for pilot projects under the
program.
(c) Criteria; Administrative Provisions.--The head of the
department, agency, or office in which the program is established under
subsection (a), in consultation with other appropriate agencies, shall
prescribe such criteria for eligibility for projects and for grantees,
including applications, fund use assurance and accounting, and
reporting requirements as the head of the entity deems appropriate. In
prescribing such criteria, the head of the department, agency, or
office shall consult with the administrators of existing projects
designed to facilitate public safety communications interoperability
concerning the best practices and lessons learned from such projects.
SEC. 6. REPORTS.
(a) Wireless Communications Capabilities for First Responders.--
Within 1 year after the date of enactment of this Act, the President
shall designate an appropriate department, agency, or office to submit
a report to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House of Representatives
setting forth policy options for ensuring that emergency officials and
first responders have access to effective and reliable wireless
communications capabilities. In completing the report, representatives
of the commercial wireless industry shall be consulted, particularly to
the extent that the report addresses commercial wireless systems. The
report shall include an examination of the possibility of--
(1) developing a system of priority access for certain
governmental officials to existing commercial wireless systems,
and the impact such a priority access system would have on both
emergency communications capability and consumer access to
commercial wireless services;
(2) designating national emergency spectrum to be held in
reserve for public safety and emergency purposes; and
(3) creating a specialized public safety communications
network or networks for use with wireless devices customized
for public safety use.
(b) In-Kind Donations.--Within 1 year after the date of enactment
of this Act, the Federal Emergency Management Agency, in consultation
with other appropriate Federal agencies, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives a report on the
barriers to acceptance by Federal agencies of in-kind donations of
technology and services during emergency situations.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) National Emergency Technology Guard.--There are authorized to
be appropriated $5,000,000 for each of fiscal years 2003 and 2004 to
carry out section 3.
(b) Pilot Programs.--There are authorized to be appropriated to the
department, agency, or office in which the program is established under
section 5(a) $35,000,000 for fiscal year 2003 to carry out section 5 of
this Act, such sums to remain available until expended.
(c) Report.--There are authorized to be appropriated to the
department, agency, or office designated in section 6(a) $500,000 for
fiscal year 2003 to carry out section 6(a) of this Act.
SEC. 8. EMERGENCY RESPONSE AGENCIES.
In this Act, the term ``emergency response agency'' includes
agencies providing any of the following services:
(1) Law Enforcement services.
(2) Fire services.
(3) Emergency Medical services.
(4) Public Safety Communications.
(5) Emergency Preparedness.
Passed the Senate July 18, 2002.
Attest:
JERI THOMSON,
Secretary. | Science and Technology Emergency Mobilization Act - Directs the President to designate an appropriate department, agency, or office to: (1) compile and maintain a repository database of nongovernmental technology and science experts who have offered, and who can be mobilized, to help Federal agencies counter terrorism; and (2) develop a procedure to encourage groups of volunteers with technological or scientific expertise to team with individuals from State and local governments, local emergency response agencies, and nongovernmental emergency aid, assistance, and relief organizations. Provides for the certification of such groups as NET (national emergency technology) Guard disaster response teams.(Sec. 4) Requires the President to: (1) establish a Center for Civilian Homeland Security Technology Evaluation to evaluate innovative technologies relating to security and emergency preparedness and response and to serve as a national clearinghouse for such technologies; and (2) create an online portal to provide a single point of access to the Center and a single point of contact at each Federal agency participating in the Center for individuals and companies with innovative technologies.(Sec. 5) Directs the President to establish a pilot program of grants for planning or implementation of interoperable communications systems for appropriate emergency response agencies. Requires grants of $5 million each to seven States under such program.(Sec. 6) Requires the President to designate an appropriate department, agency, or office to submit to specified congressional committees policy options for ensuring that emergency officials and first responders have access to effective and reliable wireless communications capabilities. Requires a report from the Federal Emergency Management Agency on the barriers to acceptance by Federal agencies of in-kind donations of technology and services during emergency situations.(Sec. 7) Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to mobilize technology and science experts to respond quickly to the threats posed by terrorist attacks and other emergencies, by providing for the establishment of a national emergency technology guard, a technology reliability advisory board, and a center for evaluating antiterrorism and disaster response technology within the National Institute of Standards and Technology."} | 2,620 | 374 | 0.630106 | 2.108696 | 0.770633 | 6.178344 | 7.996815 | 0.968153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elie Wiesel Youth Leadership
Congressional Fellowship Act of 2001''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The participation of young people in public life is
thwarted by perceptions that the legislative process is
corrupted by special interests which overwhelm ethical concerns
in the consideration and formation of public policy, and by a
feeling among young people that idealism is disrespected by
elected officials.
(2) Elie Wiesel's leadership against indifference,
intolerance, and injustice encourages political activism by all
members of society, and in particular provides inspiration to
our youth.
(3) Elie Wiesel is a fitting role model for the youth of
America.
(4) Elie Wiesel has dedicated his life to leadership for
social justice and equality for all. He is a survivor of the
Holocaust and has worked tirelessly to gain acknowledgment of
the atrocities suffered by the Jewish people.
(5) Elie Wiesel has published over 40 books dealing with
the moral responsibility of all people to fight hatred, racism,
and genocide.
(6) Elie Wiesel was awarded the Nobel Peace Prize, the
Congressional Gold Medal, and the Presidential Medal of Freedom
in recognition of his many contributions to human rights.
(7) A congressional fellowship can create opportunities for
young leaders by enabling them to observe directly how public
decisions are made.
(8) A congressional fellowship can be designed to allow
youth to focus on ethical decision-making in preparation for
future leadership roles.
(9) Such a congressional fellowship should be named the
Elie Wiesel Youth Leadership Congressional Fellowship after
Elie Wiesel, because Elie Wiesel's service to society will
complement and inspire the Fellowship's purpose of developing
ethically informed youth leadership.
SEC. 3. ESTABLISHMENT OF CONGRESSIONAL FELLOWSHIP PROGRAM.
(a) In General.--There is hereby established the Elie Wiesel Youth
Leadership Congressional Fellowship Program, under which each Member of
the House of Representatives may hire for the month of July in any year
one additional employee who meets the eligibility criteria described in
subsection (b) to serve as the Elie Wiesel Youth Leadership
Congressional Fellow for the Member's office.
(b) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as an
Elie Wiesel Youth Leadership Congressional Fellow for the
office of a Member of the House of Representatives if the
individual meets such criteria as the Committee on House
Administration (in conjunction with the Elie Wiesel Foundation)
may establish.
(2) Specific information and assurances.--Under the
criteria established under paragraph (2), an individual shall
not be eligible to serve as a Fellow for the office of a Member
of the House of Representatives unless the individual provides
the following:
(A) A certification that the individual is a
resident of the district the Member represents.
(B) A certification that the individual attended
secondary school during the academic year immediately
preceding the period of the individual's service as the
Fellow for the Member's office.
(C) A recommendation certifying that the individual
is of a high moral character.
(D) An assurance that during the period of the
individual's service as the Fellow for the Member's
office, the individual will participate in leadership
and ethics courses offered by the Elie Wiesel
Foundation.
(c) Compensation.--
(1) Allowance for fellows.--A Member of the House of
Representatives shall pay the Elie Wiesel Youth Leadership
Congressional Fellow serving in the Member's office an
allowance of $1,400, to be paid out of the applicable accounts
of the House of Representatives.
(2) Administrative expenses.--The Chief Administrative
Officer of the House of Representatives shall make an annual
payment out of the applicable accounts of the House of
Representatives to the Elie Wiesel Foundation in an amount
equal to the product of--
(A) the number of Elie Wiesel Youth Leadership
Congressional Fellows serving for Members of the House
of Representatives during the year; and
(B) $100.
SEC. 4. NO EFFECT ON NUMBER OF EMPLOYEES OR MEMBER'S REPRESENTATIONAL
ALLOWANCE.
The employment of an Elie Wiesel Youth Leadership Congressional
Fellow by a Member of the House of Representatives, and the payment of
an allowance to such a Fellow by a Member, shall be in addition to all
personnel and allowances otherwise made available to Members under
other provisions of law, rule, or other authority.
SEC. 5. ARRANGEMENTS FOR SUPERVISED HOUSING AND TRANSPORTATION.
The Chief Administrative Officer of the House of Representatives
shall make arrangements for supervised housing for Elie Wiesel Youth
Leadership Congressional Fellows at such facilities as the Chief
Administrative Officer determines are available and appropriate
(including the House Page Dorm, to the extent that space is available),
and (upon request) for transportation for such Fellows to and from the
District of Columbia.
SEC. 6. REGULATIONS.
The Committee on House Administration shall prescribe such
regulations as may be necessary to carry out this Act.
SEC. 7. DEFINITION.
In this Act, the term ``Member of the House of Representatives''
includes a Delegate or Resident Commissioner to the Congress. | Elie Wiesel Youth Leadership Congressional Fellowship Act of 2001 - Establishes the Elie Wiesel Youth Leadership Congressional Fellowship Program, under which each Member of the House of Representatives may hire for the month of July in any year one additional employee who meets specified eligibility criteria to serve as the Elie Wiesel Youth Leadership Congressional Fellow for the Member's office.Requires the Chief Administrative Officer of the House to make arrangements for supervised housing and transportation to and from the District of Columbia for such Fellows. | {"src": "billsum_train", "title": "To establish the Elie Wiesel Youth Leadership Congressional Fellowship Program in the House of Representatives, and for other purposes."} | 1,149 | 110 | 0.60553 | 1.992417 | 0.841486 | 6.877778 | 11.733333 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2016''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.) is amended by adding at the end the following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``(a) Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State that is within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or any successor regulation).
``(b) Development; Initial Consultation.--A licensee shall develop
a proposed PSDAR for a covered facility after consultation with--
``(1) each affected State; and
``(2) each unit of local government and tribal government
in the affected State that is located within 50 miles of the
covered facility.
``(c) Submission to Commission; Additional Consultation.--
``(1) In general.--After additional consultation with the
entities described in subsection (b) with respect to the
proposed PSDAR developed under that subsection, the licensee
shall--
``(A) submit to the Commission the proposed PSDAR;
and
``(B) on submission of the proposed PSDAR under
subparagraph (A), make the proposed PSDAR readily
available to the public.
``(2) Public availability.--On receipt of the proposed
PSDAR under paragraph (1), the Commission shall make the
proposed PSDAR readily available to the public, on the
condition that the Commission may redact any information
necessary to protect the national security.
``(d) Public Participation.--During a period of at least 90 days
beginning on the date on which the licensee submits the proposed PSDAR
to the Commission under subsection (c), the Commission shall solicit
public participation on the proposed PSDAR in the host State, including
through--
``(1) the solicitation of written comments from the public;
and
``(2) the conduct of at least 2 public hearings within the
host State.
``(e) Support or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed PSDAR for a covered facility, the Commission
shall notify the host State of the opportunity to file with the
Commission, by the date that is 60 days after the date on which
the host State receives the invitation under this paragraph--
``(A) a statement of support for the proposed
PSDAR;
``(B) a statement of conditional support for the
proposed PSDAR, with specific recommendations for
changes that could lead the host State to support the
proposed PSDAR; or
``(C) a statement of nonsupport for the proposed
PSDAR.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files a
statement of support under paragraph (1)(A), a
statement of nonsupport under paragraph (1)(C), or
fails to file a statement with the Commission by the
deadline specified in paragraph (1), the Commission
shall issue a determination on whether the proposed
PSDAR is adequate or inadequate--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into account--
``(I) any written comments
submitted by the host State, other
States, and local communities with
respect to the proposed PSDAR; and
``(II) any input from the public
under subsection (d).
``(B) Considerations.--The Commission shall
consider a proposed PSDAR to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR provides for the
overall protection of human health and the
environment;
``(ii) the licensee has a substantial
likelihood of implementing the proposed PSDAR
within the timeframe described in the proposed
PSDAR;
``(iii) the proposed PSDAR is in accordance
with applicable law (including regulations);
and
``(iv) the licensee has demonstrated that
the licensee has, or will have, the funds
required to fully implement the proposed PSDAR
within the timeframe described in the proposed
PSDAR.
``(C) Determination of adequacy.--If the Commission
determines that the proposed PSDAR is adequate under
subparagraphs (A) and (B), the Commission shall issue a
decision document approving the PSDAR.
``(D) Determination of inadequacy.--If the
Commission determines that the proposed PSDAR is
inadequate under subparagraphs (A) and (B)--
``(i) the Commission shall issue a decision
rejecting the proposed PSDAR, including the
reasons for the decision; and
``(ii) not later than 2 years after the
date on which operations at the plant cease,
the licensee shall develop and submit to the
Commission a new proposed PSDAR in accordance
with this section.
``(3) Conditional support by host state.--
``(A) In general.--The Commission shall determine
whether the proposed PSDAR is permissible under
applicable law (including regulations) if the host
State files a statement of conditional support for the
proposed PSDAR with the Commission in accordance with
paragraph (1)(B).
``(B) Changes.--For each change recommended by the
host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final PSDAR, unless the
Commission determines the change to be
inappropriate for inclusion, based on clear and
convincing evidence provided by the licensee
that--
``(I) the change violates
applicable law; or
``(II) the costs of the change
substantially outweigh the safety,
economic, or environmental benefits of
the change to the host State; and
``(ii) provide the rationale for a
determination of inappropriateness under clause
(i).
``(C) Decision document.--
``(i) In general.--Based on the
determinations made under subparagraphs (A) and
(B), the Commission shall issue a decision
document that--
``(I) accepts the proposed PSDAR
with any changes recommended by the
host State that are not determined to
be inappropriate under subparagraph
(B); or
``(II) rejects the proposed PSDAR.
``(ii) Applicable law.--A decision document
issued under clause (i) shall be considered to
be a final order entered in a proceeding under
section 189(a).
``(D) Acceptance.--If the Commission approves the
proposed PSDAR under subparagraph (C)(i)(I)--
``(i) the PSDAR is final; and
``(ii) the licensee may begin
implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects the
proposed PSDAR under subparagraph (C)(i)(II), not later
than 2 years after the date on which operations at the
plant cease, the licensee shall develop and submit to
the Commission a new proposed PSDAR in accordance with
this section.
``(f) Additional Requirement.--Notwithstanding any other provision
of this section, a Commission shall not approve a PSDAR under this
section unless the proposed PSDAR includes a requirement that the
licensee comply with applicable State law relating to air, water, or
soil quality or radiological standards with respect to the
implementation of the proposed PSDAR if the applicable State law is
more restrictive than the applicable Federal law.
``(g) Application to Existing Decommissioning Activities.--
``(1) In general.--The Commission shall notify--
``(A) each licensee of the opportunity to develop a
revised PSDAR for any facility of the licensee for
which a PSDAR has been submitted but, as of the date of
enactment of the Nuclear Plant Decommissioning Act of
2016--
``(i) decontamination and dismantlement
activities have not commenced; or
``(ii) decontamination and dismantlement
activities have been commenced for less than 1
year; and
``(B) each State that is within 50 miles of the
facility described in subparagraph (A) of the
opportunity to consult with the licensee described in
subparagraph (A) in accordance with subsection (b).
``(2) Process.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), if a licensee described in paragraph (1)
elects to develop a revised PSDAR, the process for
consideration and approval of the revised PSDAR under
paragraph (1) shall be carried out in accordance with--
``(i) the process for the consideration and
approval of a proposed PSDAR for covered
facilities described in subsections (b) through
(d) and subsection (f); and
``(ii) the process for support or
nonsupport by the host State as described in
subsection (e).
``(B) Nonselection.--If a licensee described in
paragraph (1) elects not to revise the original PSDAR,
the entities described in subsection (b) may file a
statement of support or nonsupport for the original
PSDAR in accordance with the process for support or
nonsupport by the host State described in subsection
(e).
``(3) Decision document.--A decision document for a revised
PSDAR submitted under this subsection, or for the original
PSDAR if the licensee elects not to revise the original PSDAR,
shall be carried out in accordance with subsection (e)(3)(C),
except that the deadline for the Commission to issue a decision
document shall be by not later than 1 year after the
decontamination and dismantlement activities have commenced.
``(4) Revision after determination of inadequacy.--If the
Commission rejects the revised PSDAR in accordance with the
process for rejection under subsection (e)(3)(E), the licensee
shall develop and submit to the Commission a new revised PSDAR
in accordance with this subsection by not later than 2 years
after the date on which the Commission rejects the revised
PSDAR.''. | Nuclear Plant Decommissioning Act of 2016 This bill amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the shutdown of a nuclear facility. In the state where the nuclear facility is located, the NRC is required to: (1) solicit public comments on a proposed PSDAR; (2) conduct at least two public hearings; and (3) invite the state to file a statement of support, nonsupport, or conditional support for the proposed PSDAR with specific recommendations that could lead to support. The bill prescribes the criteria for determining whether a proposed PSDAR is permissible if a host state files a statement of conditional support. The NRC must determine the adequacy or inadequacy of a proposed PSDAR and issue a decision document accordingly The NRC must not approve a proposed PSDAR unless the proposed PSDAR requires compliance with applicable state law relating to air, water, soil quality, or radiological standards if the state law is more restrictive than its federal counterpart. The NRC must notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantling activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of such facility that they have the opportunity to consult with the licensee who submitted the PSDAR. | {"src": "billsum_train", "title": "Nuclear Plant Decommissioning Act of 2016"} | 2,505 | 342 | 0.652387 | 2.080003 | 0.768253 | 2.811388 | 7.953737 | 0.875445 |
Relating to Agreement For Nuclear
Cooperation.--The joint resolution entitled ``Joint Resolution relating
to the approval and implementation of the proposed agreement for
nuclear cooperation between the United States and the People's Republic
of China (Public Law 99-183; approved December 16, 1985) is amended--
(1) in subsection (b)--
(A) by inserting ``and subject to section 2,''
after ``or any international agreement,''; and
(B) in paragraph (1) by striking ``thirty'' and
inserting ``120''; and
(2) by adding at the end the following:
``Sec. 2. (a) Action by Congress To Disapprove Certification.--No
license may be issued for the export to the People's Republic of China
of any nuclear material, facilities, or components subject to the
Agreement, and no approval for the transfer or retransfer to the
People's Republic of China of any nuclear material, facilities, or
components subject to the Agreement shall be given if, during the 120-
day period referred to in subsection (b)(1) of the first section, there
is enacted a joint resolution described in subsection (b) of this
section.
``(b) Description of Joint Resolution.--A joint resolution is
described in this subsection if it is a joint resolution which has a
provision disapproving the President's certification under subsection
(b)(1), or a provision or provisions modifying the manner in which the
Agreement is implemented, or both.
``(c) Procedures For Consideration of Joint Resolutions.--
``(1) Reference to committees.--Joint resolutions--
``(A) may be introduced in either House of Congress
by any Member of such House; and
``(B) shall be referred, in the House of
Representatives, to the Committee on International
Relations and, in the Senate, to the Committee on
Foreign Relations.
It shall be in order to amend such joint resolutions in the
committees to which they are referred.
``(2) Floor consideration.--(A) The provisions of section
152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(e)) (relating to the floor consideration of certain
resolutions in the House and Senate) apply to joint resolutions
described in subsection (b).
``(B) It is not in order for--
``(i) the House of Representatives to consider any
joint resolution described in subsection (b) that has
not been reported by the Committee on International
Relations; and
``(ii) the Senate to consider any joint resolution
described in subsection (b) that has not been reported
by the Committee on Foreign Relations.
``(c) Consideration of Second Resolution Not in Order.--It shall
not be in order in either the House of Representatives or the Senate to
consider a joint resolution described in subsection (b) (other than a
joint resolution described in subsection (b) received from the other
House), if that House has previously adopted such a joint resolution.
``(d) Procedures Relating to Conference Reports in the Senate.--
``(1) Consideration.--Consideration in the the Senate of
the conference report on any joint resolution described in
subsection (b), including consideration of all amendments in
disagreement (and all amendments thereto), and consideration of
all debatable motions and appeals in connection therewith,
shall be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority leader
or their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 1 hour, to
be equally divided between, and controlled by, the mover and
the manager of the conference report.
``(2) Debate on amendments in disagreement.--In any case in
which there are amendments in disagreement, time on each
amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference
report and the minority leader or his designee. No amendment to
any amendment in disagreement shall be received unless it is a
germane amendment.
``(3) Consideration of veto message.--Consideration in the
Senate of any veto message with respect to a joint resolution
described in subsection (b), including consideration of all
debatable motions and appeals in connection therewith, shall be
limited to 10 hours, to be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.''.
Passed the House of Representatives November 5, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS: Title I: Political Freedom in China Title II: Agreement on Nuclear Cooperation Title I - Political Freedom in China Act of 1997 - Urges the Secretary of State to: (1) request the immediate and unconditional release of Ngodrup Phuntsog and other prisoners of conscience in Tibet, as well as in China; (2) seek access for international humanitarian organizations to Drapchi prison and other prisons in Tibet, as well as in China, to ensure that prisoners are not being mistreated and are receiving necessary medical treatment; and (3) call on China to begin serious discussions with the Dalai Lama or his representatives, without preconditions, on the future of Tibet. (Sec. 4) Authorizes appropriations for FY 1998 and 1999 for: (1) additional diplomatic personnel at U.S. posts in China and Nepal to monitor political repression in China; and (2) the National Endowment for Democracy to promote democracy, civil society, and the development of the rule of law in China. Directs the Secretary to use funds in the East Asia-Pacific Regional Democracy Fund to provide grants to nongovernmental organizations to promote the aforementioned goals. (Sec. 6) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to establish a Prisoner Information Registry for China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. (Sec. 7) Expresses the sense of the Congress that it, the President, and the Secretary should work with governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe. (Sec. 8) Expresses the sense of the Congress that the Hong Kong people should continue to have the right to freely elect their legislative representatives, and that the first legislature of the Hong Kong Special Administrative Region should be determined by them through an election law convention, a referendum, or both. (Sec. 9) Expresses the sense of the Congress that: (1) the Government of China should stop the practice of harvesting and transplanting organs for profit from prisoners that it executes; (2) China should be strongly condemned for such practices; (3) the President should bar entry into the United States of any Chinese officials known to be involved in such practices; (4) individuals involved in the sale of such organs in the United States should be prosecuted; and (5) the appropriate U.S. officials should interview individuals, including doctors, who may have knowledge of such practices. Title II: Agreement on Nuclear Cooperation - Amends Federal law to extend the congressional review period for licensing nuclear exports to China from 30 to 120 days. Provides for congressional procedures for consideration of a joint resolution for disapproval for any licensing agreement. | {"src": "billsum_train", "title": "Political Freedom in China Act of 1997"} | 1,028 | 621 | 0.371323 | 1.263847 | 0.516713 | 0.896797 | 1.690391 | 0.590747 |
SECTION 1. SHORT TITLE
This Act may be cited as the ``Local Law Enforcement Enhancement
Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, or disability of the victim poses a serious
national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) The prominent characteristic of a violent crime
motivated by bias is that it devastates not just the actual
victim and the family and friends of the victim, but frequently
savages the community sharing the traits that caused the victim
to be selected.
(6) Such violence substantially affects interstate commerce
in many ways, including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(9) Such violence is committed using articles that have
traveled in interstate commerce.
(10) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(11) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(12) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States and local
jurisdictions.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE
AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a law enforcement
official of a State or Indian tribe, the Attorney General may
provide technical, forensic, prosecutorial, or any other form
of assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the
State or Indian tribe; and
(C) is motivated by prejudice based on the race,
color, religion, national origin, gender, sexual
orientation, or disability of the victim, or is a
violation of the hate crime laws of the State or Indian
tribe.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than 1 State and to
rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
assist State, local, and Indian law enforcement officials with
the extraordinary expenses associated with the investigation
and prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program, the Office of Justice Programs shall work closely with
the funded jurisdictions to ensure that the concerns and needs
of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State that desires a grant
under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by or containing such information as the
Attorney General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State or political subdivision
of a State or tribal official applying for assistance
under this subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, political
subdivision, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State,
political subdivision, or tribal official has
consulted and coordinated with nonprofit,
nongovernmental victim services programs that
have experience in providing services to
victims of hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 30 business days after the date on which
the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction within a 1 year
period.
(6) Report.--Not later than December 31, 2002, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2002 and 2003.
SEC. 5. GRANT PROGRAM.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2002, 2003, and 2004 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section 7.
SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any person,
because of the actual or perceived race, color, religion, or national
origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) he or she has reasonable cause to believe that the
actual or perceived race, color, religion, national origin,
gender, sexual orientation, or disability of any person was a
motivating factor underlying the alleged conduct of the
defendant; and
``(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given the term in section 232 of this title; and
``(2) the term `firearm' has the meaning given the term in
section 921(a) of this title.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to the
authority provided under section 994 of title 28, United States Code,
the United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense)
for adult defendants who recruit juveniles to assist in the commission
of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 9. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,''
after ``race,''.
SEC. 10. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Local Law Enforcement Enhancement Act of 2001 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under Federal law or a felony under State or Indian tribal law; and (2) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of the hate crime laws of the State or tribe. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses.Authorizes the Attorney General to award grants to assist State, local, and Indian law enforcement officials with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to State and local programs designed to combat hate crimes committed by juveniles.Prohibits specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.Directs the U.S. Sentencing Commission to study and provide sentencing enhancements for adult recruitment of juveniles to commit hate crimes.Amends the Hate Crimes Statistics Act to require the crime data to be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender. | {"src": "billsum_train", "title": "A bill to provide Federal assistance to States and local jurisdictions to prosecute hate crimes, and for other purposes."} | 3,301 | 325 | 0.477243 | 1.441321 | 0.695575 | 4.937931 | 10.513793 | 0.937931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving America's Battlefields
Act''.
SEC. 2. CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002.
Section 2 of the Civil War Battlefield Preservation Act of 2002
(Public Law 107-359) is amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) Battlefields of the American Revolution, War of 1812
and the Civil War--
``(A) provide a means for the people of the United
States to understand our Nation's turbulent first
century;
``(B) serve as living memorials to those who fought
and sacrificed in these conflicts to establish and
maintain our freedom and liberty;
``(C) serve as training grounds for our Nation's
Armed Forces; and
``(D) serve as heritage tourism destinations,
generating revenue for local economies.
``(2) According to the Report on the Nation's Civil War
Battlefields, prepared by the National Park Service and updated
in 2010, of the 383 Civil War battlefields identified as
national preservation priorities--
``(A) only at 31 battlefields is more than half of
the surviving landscape permanently protected;
``(B) at 227 battlefields, less than half of the
surviving landscape is permanently protected;
``(C) 65 battlefields have no protection at all;
and
``(D) 113 battlefields have been severely hampered
by development since the Civil War or are on the verge
of being overwhelmed.
``(3) According to the 2007 Report to Congress on the
Historic Preservation of Revolutionary War and War of 1812
Sites in the United States, prepared by the National Park
Service, of the 243 principal Revolutionary War and War of 1812
battlefields identified as national preservation priorities--
``(A) almost 70 percent lie within urban areas as
denoted in the 2000 U.S. Census;
``(B) 141 are lost or extremely fragmented, with
residential and commercial development being the chief
threats;
``(C) 100 other battlefields retain significant
features and lands from the period of battle, although
on average these battlefields retain only 37 percent of
the original historic scene;
``(D) of these 100 surviving but diminished battle
landscapes, 82 are partially owned and protected by
public and nonprofit stewards, although the extent of
that protection varies from site to site;
``(E) 18 are without any legal protection;
``(F) the condition of two battlefields is unknown,
with additional research and survey being required to
determine their exact location and condition; and
``(G) the paucity of existing battlefield
landscapes necessitates preservation and maintenance of
what precious little remains today.
``(b) Purposes.--The purposes of this Act are--
``(1) to act quickly and proactively to preserve and
protect nationally significant battlefields of the American
Revolution, War of 1812, and Civil War through conservation
easements and fee-simple purchases of those battlefields from
willing sellers; and
``(2) to create partnerships among State and local
governments, regional entities, and the private sector to
preserve, conserve, and enhance the visitor experience at
nationally significant battlefields of the American Revolution,
War of 1812, and Civil War.''.
SEC. 3. PRESERVATION ASSISTANCE.
Section 308103(f) of title 54, United States Code, is amended to
read as follows:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$20,000,000 for each fiscal year through 2028, of which not more than
10 percent may be used each fiscal year as follows:
``(1) Not more than $1,000,000 for projects and programs
that modernize battlefield interpretive and educational assets
through the deployment of technology, disbursed through the
competitive grant process to non-profit organizations.
``(2) Not more than $1,000,000 for grants to organizations
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such Code
to be used for projects that restore day-of-battle conditions
on land preserved through Battlefield Land Acquisition Grant
Program funds.''. | Preserving America's Battlefields Act This bill reauthorizes though FY2028 the Battlefield Acquisition Grant Program and expands the purposes of the Civil War Battlefield Preservation Act of 2002. Specifically, the Act's purposes shall include: the preservation and protection of nationally significant battlefields of not only the Civil War but also the American Revolution and the War of 1812, and the enhancement of visitors' experiences at those battlefields. | {"src": "billsum_train", "title": "Preserving America\u2019s Battlefields Act"} | 958 | 106 | 0.504287 | 1.272844 | 1.014768 | 2.297297 | 12.094595 | 0.783784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolutionizing Education Through
Digital Investment Act of 2007''.
SEC. 2. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY TRUST FUND.
(a) Establishment.--There is established a nonprofit corporation to
be known as the ``National Center for Learning Science and Technology''
(referred to in this Act as the ``Center'') which shall not be an
agency or establishment of the United States Government. The Center
shall be subject to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the ``National Center for Learning
Science and Technology Trust Fund'' (referred to in this Act as
the ``Trust Fund''). The Trust Fund shall contain such amounts
as are credited to the Trust Fund under paragraph (2) and other
funds obtained under paragraph (3).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Trust Fund such sums as may be
necessary for the fiscal years 2008 through 2012.
(3) Additional funds.--The Trust Fund is authorized--
(A) to accept funds from any Federal agency or
entity;
(B) to accept, hold, administer, invest, and spend
any gift, devise, or bequest of real or personal
property made to the Center; and
(C) to enter into contracts with individuals,
public or private organizations, professional
societies, and government agencies for the purpose of
carrying out the functions of the Center.
(c) Board of Directors; Functions, and Duties.--
(1) In general.--A board of directors of the Center
(referred to in this Act as the ``Board'') shall be established
to oversee the administration of the Center. Such Board shall
consist of 9 members to be appointed by the Secretary of
Education, who--
(A) reflect representation from the public and
private sectors; and
(B) shall provide, as nearly as practicable, a
broad representation of various regions of the United
States, various professions and occupations, and
various kinds of talent and experience appropriate to
the functions and responsibilities of the Center.
(2) Organization and operation.--The board shall
incorporate and operate the center in accordance with the laws
governing tax exempt organizations in the District of Columbia.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Center, after consultation with the Board,
may use Trust funds--
(A) to support basic and applied research
development and demonstrations of innovative learning
and assessment systems as well as the components and
tools needed to create them;
(B) to support the testing and evaluation of these
systems; and
(C) to encourage the widespread adoption and use of
effective approaches to learning.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Center, with the agreement of a majority of the
members of the Board, may award contracts and grants to
colleges and universities, museums, libraries, public
broadcasting entities and similar nonprofit
organizations and public institutions (with or without
private partners).
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public in a timely manner.
(ii) Exemption.--The Director of the Center
may exempt specific projects from the
requirement of clause (i) if the Director of
the Center and a majority of the members of the
Board determine that the general public will
benefit significantly due to the project not
being freely and nonexclusively available to
the general public in a timely manner.
(C) Peer review.--To the extent practicable,
proposals for grants or contracts shall be evaluated on
the basis of comparative merit by panels of experts who
represent diverse interests and perspectives, and who
are appointed by the Director of the Center from
recommendations from the fields served and from the
Board of Directors.
(e) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than April 30 of each
year, the Director of the Center shall prepare a report
for the preceding fiscal year that contains the
information described in subparagraph (B).
(B) Contents.--A report under subparagraph (A)
shall include--
(i) a comprehensive and detailed report of
the Center's operations, activities, financial
condition, and accomplishments, and such
recommendations as the Director of the Center
determines appropriate;
(ii) a comprehensive and detailed inventory
of funds distributed from the Trust Fund during
the fiscal year for which the report is being
prepared; and
(iii) an independent audit of the Trust
Fund's finances and operations, and of the
implementation of the goals established by the
Board.
(C) Statement of the board.--Each report under
subparagraph (A) shall include a statement from the
Board containing--
(i) a clear description of the plans and
priorities of the Board for the subsequent 5-
year period for expenditures from the Trust
Fund; and
(ii) an estimate of the funds that will be
available for such expenditures from the Trust
Fund.
(D) Submission to the president and congress.--A
report under this subsection shall be submitted to the
President and the Committee on Education and Labor of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(2) Testimony.--The Director and principal officers of the
Center shall testify before the appropriate committees of
Congress, upon request of such committees, with respect to--
(A) a report prepared under paragraph (1)(A); and
(B) any other matter that such committees may
determine appropriate.
(f) Use of Funds Subject to Appropriations.--The authority to make
grants or enter into contracts or otherwise to expend funds under this
section is subject to such amounts as are provided in advance in
appropriations Acts. | Revolutionizing Education Through Digital Investment Act of 2007 - Establishes a National Center for Learning Science and Technology (the Center).
Establishes in the Treasury the "National Center for Learning Science and Technology Trust Fund," the amounts of which may be used for: (1) supporting basic and applied research development and demonstrations of innovative learning and assessment systems and the components and tools needed to create them; (2) supporting the testing and evaluation of those systems; and (3) encouraging the widespread adoption and use of effective approaches to learning.
Creates a board of directors for the Center to oversee the administration of the Center. Authorizes the Director of the Center to award contracts and grants to colleges and universities, museums, libraries, public broadcasting entities and similar nonprofits and public institutions (with or without private partners).
Requires: (1) the Director to submit, to the President and specified congressional committees, an annual report which shall include a statement from the Board of its plans and priorities for expenditures and an estimate of funds that will be available for such expenditures from the Trust Fund; and (2) the Director and the Center's principal officers to testify to appropriate congressional committees about such reports and any other appropriate matters. | {"src": "billsum_train", "title": "To authorize the establishment of a National Center for Learning Science and Technology Trust Fund."} | 1,380 | 249 | 0.629105 | 1.979979 | 0.763606 | 3.8125 | 5.483333 | 0.904167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Kickbacks in Recovery
Act of 2018''.
SEC. 2. CRIMINAL PENALTIES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following:
``Sec. 220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities
``(a) Offense.--Except as provided in subsection (c), it shall be
unlawful to, in or affecting interstate or foreign commerce, knowingly
and willfully--
``(1) solicit or receive any remuneration (including any
kickback, bribe, or rebate) directly or covertly, in cash or in
kind, in return for referring a patient or patronage to a
recovery home or clinical treatment facility;
``(2) being a recovery home or clinical treatment facility,
or an officer or employee of a recovery home or clinical
treatment facility acting in the course of their employment,
pay or offering any remuneration (including any kickback,
bribe, or rebate) directly or covertly, in cash or in kind,
to--
``(A) a person in exchange for the person referring
an individual to that recovery home or clinical
treatment facility; or
``(B) an individual in exchange for that individual
using the services of that recovery home or clinical
treatment facility; or
``(3) being a clinical service provider, or an officer or
employee of a clinical service provider acting in the course of
their employment, pay, solicit, or receive any remuneration
(including any kickback, bribe, or rebate) directly or
covertly, in cash or in kind, to a recovery home or clinical
treatment facility, or to an officer or employee of a recovery
home or clinical treatment facility, in exchange for referring
an individual with a substance use disorder to a clinical
service provider for clinical services.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $200,000, imprisoned not more than 10 years, or
both.
``(c) Applicability.--Subsection (a) shall not apply to--
``(1) a discount or other reduction in price obtained by a
provider of services or other entity under a health care
benefit program if the reduction in price is properly disclosed
and appropriately reflected in the costs claimed or charges
made by the provider or entity;
``(2) any amount paid by an employer to an employee (who
has a bona fide employment relationship with such employer) for
employment in the provision of covered items or services and
the employee's remuneration is not determined by the number of
individuals referred to a particular recovery home or clinical
treatment facility;
``(3) any amount paid by a vendor of goods or services to a
person authorized to act as a purchasing agent for a group of
individuals or entities who are furnishing services reimbursed
if--
``(A) the person has a written contract, with each
such individual or entity, which specifies the amount
to be paid to the person, which amount may be a fixed
amount or a fixed percentage of the value of the
purchases made by each such individual or entity under
the contract; and
``(B) in the case of a recovery home or clinical
treatment facility that is a provider of services, the
person discloses to the health care benefit program the
remuneration received from each such vendor with
respect to purchases made by or on behalf of the
entity;
``(4) a discount in the price of an applicable drug of a
manufacturer that is furnished to an applicable beneficiary
under the Medicare coverage gap discount program under section
1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w-
114a(g));
``(5) any payment made by a principal to an agent as
compensation for the services of the agent under a personal
services and management contract that meets the requirements of
section 1001.952(d) of title 42, Code of Federal Regulations,
as in effect on the date of enactment of this section;
``(6) a waiver or discount (as defined in section
1001.952(h)(5) of title 42, Code of Federal Regulations, as in
effect on the date of enactment of this section) of any
coinsurance or copayment by a health care benefit program, as
determined by the health care benefit program; or
``(7) any remuneration between a health center or entity
described under clause (i) or (ii) of section 1905(l)(2)(B) of
the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) and any
individual or entity providing goods, items, services,
donations, loans, or a combination thereof, to such health
center entity pursuant to a contract, lease, grant, or other
agreement, if such agreement contributes to the ability of the
health center entity to maintain or increase the availability,
or enhance the quality, of services provided to a medically
underserved population served by the health center entity.
``(d) Intent Requirement.--With respect to a violation of this
section, a person need not have actual knowledge of this section or
specific intent to commit a violation of this section.
``(e) Definitions.--In this section--
``(1) the terms `applicable beneficiary' and `applicable
drug' have the meanings given those terms in section 1860D-
14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g));
``(2) the term `clinical treatment facility' means a
medical setting other than a hospital that provides
detoxification, risk reduction, outpatient treatment,
residential treatment, or rehabilitation for substance use;
``(3) the term `health care benefit program' has the
meaning given the term in section 24(b); and
``(4) the term `recovery home' means a shared living
environment free from alcohol and illicit drug use and centered
on peer support and connections to promote sustained recovery
from substance use disorders.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by inserting after the item
related to section 219 the following:
``220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities.''. | Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home or clinical treatment facility, subject to limitations. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. | {"src": "billsum_train", "title": "Eliminating Kickbacks in Recovery Act of 2018"} | 1,456 | 86 | 0.513115 | 1.520377 | 1.023446 | 2.343284 | 19.402985 | 0.791045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Group Long-Term
Care Insurance Act of 1999''.
SEC. 2. LONG-TERM CARE INSURANCE.
Subpart G of part III of title 5, United States Code, is amended by
adding at the end the following new chapter:
``Chapter 90--Long-Term Care Insurance
``Sec.
``9001. Definitions
``9002. Contracting authority.
``9003. Minimum standards for contractors.
``9004. Long-term care benefits.
``9005. Financing.
``9006. Preemption.
``9007. Studies, reports, and audits.
``9008. Claims for benefits.
``9009. Jurisdiction of courts.
``9010. Regulations.
``9011. Authorization of appropriations.
``Sec. 9001. Definitions
``For the purpose of this chapter--
``(1) `annuitant' means an individual referred to in
section 8901(3);
``(2) `employee' means an individual referred to in
subparagraphs (A)-(D), and (F)-(I) of section 8901(1); but does
not include an employee excluded by regulation of the Office
under section 9011;
``(3) `other eligible individual' means the spouse, former
spouse, parent or parent-in-law of an employee or annuitant, or
other individual specified by the Office;
``(4) `Office' means the Office of Personnel Management;
``(5) `qualified carrier' means an insurer licensed to do
business in each of the States and meeting the requirements of
a qualified insurer in each of the States;
``(6) `qualified contract' means a contract meeting the
conditions prescribed in section 9002; and
``(7) `State' means a State or territory or possession of
the United States, and includes the District of Columbia.
``Sec. 9002. Contracting authority
``(a) The Office may, without regard to section 5 of title 41 or
any other statute requiring competitive bidding, purchase from one or
more qualified carriers a policy or policies of group long-term care
insurance to provide benefits as specified by this chapter. The Office,
however, shall ensure that each resulting contract is awarded on the
basis of contractor qualifications, price, and reasonable competition
to the maximum extent practicable.
``(b) The Office may design a benefits package or packages and
negotiate final offerings with qualified carriers.
``(c) Each contract shall be for a uniform term of 5 years, unless
terminated earlier by the Office.
``(d) Premium rates charged under a contract entered into under
this section shall reasonably reflect the cost of the benefits provided
under that contract as determined by the Office.
``(e) The coverage and benefits made available to individuals under
a contract entered into under this section are guaranteed to be
renewable and may not be canceled by the carrier except for nonpayment
of premium.
``(f) The Office may, based on open season participation rates, the
composition of the risk pool, or both, withdraw the product.
``Sec. 9003. Minimum standards for contractors
``At the minimum, to be a qualified carrier under this chapter, a
company shall--
``(1) be licensed as an insurance company and approved to
issue group long-term care insurance in all States and to do
business in each of the States; and
``(2) be in compliance with the requirements imposed on
issuers of qualified long-term care contracts by section 4980C
of the Internal Revenue Code of 1986.
``Sec. 9004. Long-term care benefits
``The benefits provided under this chapter shall be long-term care
benefits which, at a minimum, shall be compliant with the most recent
standards recommended by the National Association of Insurance
Commissioners.
``Sec. 9005. Financing
``(a) The amount necessary to pay the premium for enrollment of an
enrolled employee shall be withheld from the pay of each enrolled
employee.
``(b) Except as provided by subsection (d), the amount necessary to
pay the premium for enrollment of an enrolled annuitant shall be
withheld from the annuity of each enrolled annuitant.
``(c) The amount necessary to pay the premium for enrollment of a
spouse may be withheld from pay or annuity, as appropriate.
``(d) An employee, annuitant, or other eligible individual, whose
pay or annuity is insufficient to cover the withholding required for
enrollment, shall, at the discretion of the Office, pay the premium for
enrollment directly to the carrier.
``(e) Each carrier participating in the Program established by this
chapter shall maintain the funds related to this Program separate and
apart from funds related to other contracts and other lines of
business.
``(f) The costs of the Office in adjudicating a claims dispute
under section 9008, including costs related to an inquiry not
culminating in a dispute, shall be reimbursed by the carrier involved
in the dispute or inquiry. Such funds shall be available to the Office
for the administration of this chapter.
``Sec. 9006. Preemption
``The provisions of this chapter shall supersede and preempt any
State or local law which is determined by the Office to be inconsistent
with--
``(1) the provisions of this chapter; or
``(2) after consultation with the National Association of
Insurance Commissioners, the efficient provision of a
nationwide long-term care insurance program for Federal
employees.
``Sec. 9007. Studies, reports, and audits
``(a) Each qualified carrier entering into a contract under this
chapter shall--
``(1) furnish such reasonable reports as the Office
determines to be necessary to enable it to carry out its
functions under this chapter; and
``(2) permit the Office and representatives of the General
Accounting Office to examine such records of the carrier as may
be necessary to carry out the purposes of this chapter.
``(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Office, the carrier, or both, with such
information and reports as the Office may require.
``Sec. 9008. Claims for benefits
``(a) A claim for benefits under this chapter shall be filed within
4 years of the date on which the reimbursable cost was incurred or the
service was provided.
``(b) The Office shall adjudicate a claims dispute arising under
this chapter and shall require the contractor to pay for any benefit or
provide any service the Office determines appropriate under the
applicable contract.
``(c)(1) Except as provided in paragraph (2), benefits payable
under this chapter for any reimbursable cost incurred or service
provided are secondary to any other benefit payable for such cost or
service. no payment may be made where there is no legal obligation for
such payment.
``(2) Benefits payable under the following programs shall be
secondary to benefits payable under this chapter:
``(A) The program of medical assistance under title XIX of
the Social Security Act; and
``(B) Any other Federal or State programs that the Office
may specify in regulations that provide health benefit coverage
designed to be secondary to other insurance coverage.
``Sec. 9009. Jurisdiction of courts
``A claimant under this chapter may file suit against the carrier
of the long-term care insurance policy covering such claimant in the
district courts of the United States, after exhausting all available
administrative remedies.
``Sec. 9010. Regulations
``(a) The Office shall prescribe regulations necessary to carry out
this chapter.
``(b) The regulations of the Office may prescribe the time at which
and the conditions under which an eligible individual may enroll in the
Program established under this chapter.
``(c) The Office may not exclude--
``(1) an employee or group of employees solely on the basis
of the hazardous nature of employment; or
``(2) an employee who is occupying a position on a part-
time career employment basis, as defined in section 3401(2).
``(d) The regulations of the Office shall provide for the beginning
and ending dates of coverage of employees, annuitants, former spouses,
and other eligible individuals under this chapter, and any requirements
for continuation or conversion of coverage.
``Sec. 9011. Authorization of appropriations
``There are authorized to be appropriated such sums as may be
necessary for the purposes of carrying out sections 9002, and 9010.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this act, except that no coverage may be effective until
the first day of the first pay period in October, which follows by more
than 1 year the date of enactment of this Act. | Federal Employees Group Long-Term Care Insurance Act of 1999 - Sets forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants.
Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits.
Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Employees Group Long-Term Care Insurance Act of 1999"} | 1,934 | 188 | 0.500433 | 1.374788 | 0.868894 | 2.726115 | 12.070064 | 0.840764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting Internet and Blanket
Electronic Review of Telecommunications and Email Act'' or ``LIBERT-E
Act''.
SEC. 2. REFORMS TO ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
Section 501 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861) is amended--
(1) in subsection (b)(2)(A)--
(A) in the matter preceding clause (i)--
(i) by inserting ``specific and
articulable'' before ``facts showing'';
(ii) by inserting ``and material'' after
``are relevant''; and
(iii) by striking ``clandestine
intelligence activities'' and all that follows
and inserting ``clandestine intelligence
activities and pertain only to an individual
that is the subject of such investigation;
and''; and
(B) by striking clauses (i) through (iii);
(2) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) shall direct the applicant to provide notice
to each person required to produce a tangible thing
under the order of--
``(i) the right to challenge the legality
of a production order or nondisclosure order
(as defined in subsection (f)) by filing a
petition in accordance with subsection (f); and
``(ii) the procedures to follow to file
such a petition in accordance with such
subsection.''; and
(3) in subsection (f)(2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in the first sentence, by
striking ``production order'' and
inserting ``production order or
nondisclosure order''; and
(II) by striking the second
sentence; and
(ii) in clause (ii) in the third sentence,
by striking ``production order or nondisclosure
order'' and inserting ``order''; and
(B) in subparagraph (C)--
(i) by striking clause (ii); and
(ii) by redesignating clause (iii) as
clause (ii).
SEC. 3. ADDITIONAL DISCLOSURES TO CONGRESS AND THE PUBLIC.
(a) In General.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Additional Disclosures to Congress and the Public.--
``(1) All members of congress.--Not later than 45 days
after the date on which the Attorney General submits a report,
decision, order, opinion, pleading, application, or memoranda
of law under subsection (a) or (c), the Attorney General shall
make such report, decision, order, opinion, pleading,
application, or memoranda of law available to all Members of
Congress (including the Delegates and Resident Commissioner to
the Congress) in a manner consistent with the protection of
national security.
``(2) Unclassified summaries of decisions, orders, or
opinions.--Not later than 180 days after the date on which the
Attorney General submits a decision, order, or opinion under
subsection (c), the Attorney General shall make publicly
available an unclassified summary of such decision, order, or
opinion.''.
(b) Submissions Made Prior to Date of Enactment.--
(1) All members of congress.--Not later than 45 days after
the date of the enactment of this Act, the Attorney General
shall make each report, decision, order, opinion, pleading,
application, or memoranda of law submitted under subsection (a)
or (c) of section 601 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1871) prior to the date of the enactment
of this Act available to all Members of Congress (including the
Delegates and Resident Commissioner to the Congress) in a
manner consistent with the protection of national security.
(2) Unclassified summaries of decisions, orders, or
opinions.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall make publicly
available an unclassified summary of each decision, order, or
opinion submitted under section 601(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(c)) prior
to the date of the enactment of this Act.
SEC. 4. REPORT ON IMPACT OF PROVISIONS RELATING TO ACCESS TO CERTAIN
BUSINESS RECORDS AND TARGETING NON-UNITED STATES PERSONS
OUTSIDE OF THE UNITED STATES ON PRIVACY OF PERSONS
LOCATED IN THE UNITED STATES.
(a) Report.--Not later than one year after the date of enactment of
this Act, the Inspector General of the Department of Justice and the
inspector general of each element of the intelligence community
authorized to acquire information pursuant to an order under section
501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861) or an order or determination under section 702 of such Act (50
U.S.C. 1881a) on or after October 26, 2001, shall jointly submit to
Congress a report on the impact of acquisitions made under such section
501 or such section 702 on or after October 26, 2001, on the privacy
interests of United States persons.
(b) Contents.--The report required by subsection (a) shall include
the following
(1) An assessment of the impact that implementation of
section 501 (as in effect on or after October 26, 2001) and
section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861, 1881a) has had on the privacy of persons
inside the United States.
(2) An assessment of the extent to which acquisitions made
under such section 501 and such section 702 have resulted in
the acquisition or review of the contents of communications of
persons located inside the United States, including--
(A) the number of persons located inside the United
States who have had the contents of their
communications acquired under such section 501 or such
section 702, and the number of persons located inside
the United States who have had the contents of their
communications reviewed under such section 501 or such
section 702; or
(B) if it is not possible to determine such
numbers, the estimate of the inspectors general of such
numbers made using representative sampling or other
analytical techniques.
(3) A review of the inspectors general of incidents of non-
compliance with such section 501 or such section 702, with a
particular focus on any types of non-compliance incidents that
have recurred, and the impact of such non-compliance on the
privacy of persons inside the United States.
(c) Disclosure to the Public.--Not later than 180 days after the
date on which the report required by subsection (a) is submitted, the
Inspector General of the Department of Justice shall make such report
available to the public, with any redactions limited to those that are
necessary to protect properly classified information.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 5. FORM OF ASSESSMENTS OF PROCEDURES TARGETING CERTAIN PERSONS
LOCATED OUTSIDE THE UNITED STATES.
Section 702(l) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended by adding at the end the following new
paragraph:
``(4) Form of assessments and reviews.--Each assessment or
review required under paragraph (1), (2), or (3) shall be
submitted or provided in unclassified form, but may include a
classified annex.''. | Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or the LIBERT-E Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) (as amended by the USA PATRIOT Act) to require the Federal Bureau of Investigation (FBI), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.) Requires that the items sought pertain only to an individual that is the subject of such investigation. Removes a list of production items currently designated as presumptively relevant. Requires a judge approving the release of such tangible things to enter orders directing the applicant to notify each person required to produce items of the right to challenge the legality of a production or nondisclosure order as well as the procedures for filing a petition for such a challenge. Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations. Directs the Attorney General to make available to all Members of Congress information currently provided to House and Senate intelligence and judiciary committees, including the number of persons targeted for FISA orders, the number of times the Attorney General has authorized such information to be used in a criminal proceeding, and copies of applications, pleadings, orders, and decisions in matters before the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. Requires unclassified summaries of significant decisions, orders, or opinions of such Courts to be made available to the public. Directs the Inspector General of the Department of Justice (DOJ) and inspectors general of each element of the intelligence community authorized to acquire information pursuant to specified FISA orders to jointly report to Congress on the impact of such acquisitions on the privacy interests of U.S. persons. Requires the DOJ Inspector General to make such report available to the public, with any redactions limited to those necessary to protect properly classified information. Requires assessments and reviews regarding guidelines for targeting certain persons located outside the United States and minimization procedures to be submitted in unclassified form, with a classified annex permitted. | {"src": "billsum_train", "title": "LIBERT-E Act"} | 1,942 | 620 | 0.542582 | 1.815368 | 0.654009 | 2.356713 | 3.282565 | 0.789579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Labor Dispute Resolution
Act''.
SEC. 2. GRANT OF AUTHORITY.
Section 42112 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Emergency Authority of the Secretary.--
``(1) Declaration of emergency.--Notwithstanding any other
provision of this section or of section 40109(d) of this title,
the Secretary shall declare an air transportation emergency
whenever the Secretary finds that a labor dispute between an
air carrier that provides service to a hub airport (as defined
in section 41731(a)(3)) and an employee organization
representing employees of that carrier--
``(A) threatens to interrupt the carriage of
passengers or cargo in interstate air transportation by
an air carrier in any region of the country in a manner
that is likely to curtail operations significantly at
any hub airport (as defined in section 41731(a)(3)) and
thereby cause injury to the economy of that region;
``(B) threatens to interrupt the carriage of
passengers or cargo in foreign air transportation in a
manner that is likely to cause injury to the foreign
commerce of the United States or its balance of
payments; or
``(C) threatens the national security or foreign
policy interests of the United States.
``(2) Action by secretary.--Notwithstanding any other
provision of law or procedure established thereby, the
Secretary shall issue an order to resolve a labor dispute by
arbitration whenever the Secretary declares an air
transportation emergency with respect to a labor dispute under
paragraph (1). The Secretary shall thereupon appoint a panel of
arbitrators, composed of 5 members, 1 designated by each party
to the dispute, and 3 neutral arbitrators to be designated by
agreement between the 2 other members. If those 2 members are
unable to agree on the neutral arbitrators within 5 days after
their designation, the Secretary shall ask the American
Arbitration Association to submit within 3 days a list of 11
arbitrators who are members of the National Academy of
Arbitrators and are qualified and willing to serve. At a
special meeting called by the Secretary, each member designated
by a party shall alternately strike a name from the list until
3 names remain, who shall be the mutually designated neutral
arbitrators. No member shall be pecuniarily or otherwise
interested in any organization of employees or any air carrier.
The compensation and expenses of the panel members shall be
fixed by the Secretary and shall be borne equally by each party
to the dispute. A panel shall be created separately for each
declared transportation emergency, and it shall investigate
promptly the facts as to the dispute.
``(3) Required filings.--Within 10 days after the date on
which the 3 neutral arbitrators are appointed, each party to
the dispute shall file with the panel a document containing the
following:
``(A) The name, affiliation, and address of the
party submitting the filing.
``(B) A statement that the employee organization
involved is either certified or recognized.
``(C) The number of employees in the negotiating
unit, together with a list of the job titles
represented in that unit.
``(D) A statement of the currently applicable rates
of pay, rules, and working conditions.
``(E) A clear and concise history of negotiations
leading to the impasse, including the number and dates
of the negotiation sessions.
``(F) A list of all issues in dispute concerning
changes in rates of pay, rules, and working conditions
not adjusted by the parties in conference, and the
party's position on those issues.
``(G) The complete, written terms of the party's
final offer on those issues, including the text of the
party's proposed agreement on the changes in rates of
pay, rules, and working conditions.
``(H) A clear and concise statement of any other
relevant facts and any supporting documentation.
``(4) Opportunity for presentations.--Within 15 days after
the date on which the document required by paragraph (3) is
filed by both parties, the panel shall afford each party an
opportunity to make oral and written presentations on its
filing and to respond to questions.
``(5) Selection by panel; applicable factors.--Within 30
days after date on which the document required by paragraph (3)
is filed by both parties, the panel shall, by a majority vote,
select either the offer in its entirety concerning rates of
pay, rules, and working conditions presented by the carrier or
carriers involved or the offer in its entirety concerning rates
of pay, rules, and working conditions presented by the employee
organization involved. The panel shall prepare a written
explanation of its selection and the reasons for the selection,
and shall furnish a certified copy of its selection to the
parties to the dispute and to the Secretary. The panel shall
make its selection based on the following factors:
``(A) The stipulations of the parties.
``(B) The financial condition of the air carrier
and its ability to incur changes in labor costs while
continuing to maintain its competitive market position,
pay its debts, meet its other contractual obligations,
provide job security and equivalent treatment for all
of its employees, and return a reasonable profit,
consistent with historic margins and rates of return,
for its shareholders.
``(C) A comparison of the rates of pay of the
employees involved in the dispute with the rates of pay
of other employees performing similar services for
comparable air carriers offering similar air
transportation services to public.
``(D) The rules and working conditions applied by
the air carrier and comparable air carriers offering
similar air transportation services to the public in
light of market conditions for those services.
``(E) Such other factors as are normally and
traditionally taken into consideration in the
determination of rates of pay, rules, and working
conditions through collective bargaining, mediation,
fact-finding, arbitration or otherwise between the
parties.
``(F) Changes in the average consumer prices for
goods and services, commonly known as the cost of
living, including changes in the Consumer Price Index.
``(G) The existing collective bargaining agreement
between the parties and the history of the collective
bargaining agreements between the parties, including
the history of negotiations leading to the impasse.
``(6) Selection by panel.--Within 10 days after the panel
furnishes its selection to the Secretary, either party may file
with the Secretary a petition to set aside the selection on the
grounds set forth in paragraph (7). If no petition to set aside
the selection has been filed within 10 days after the filing of
the selection, the Secretary shall enter an order directing the
parties to give effect to the panel's selection, which order
shall be final and conclusive on the parties.
``(7) Petition to set aside selection.--
``(A) In general.--The Secretary may entertain a
petition to set aside a selection furnished to the
Secretary under paragraph (6) of this subsection only
if the Secretary finds that--
``(i) the selection by the panel does not
conform, or confine itself, to the requirements
of this section;
``(ii) the selection by the panel does not
conform, or confine itself, to matters
concerning rates of pay, rules, and working
conditions;
``(iii) the selection by the panel does not
conform, or confine itself, to matters within
the scope of jurisdiction under title II of the
Railway Labor Act (45 U.S.C. 181 et seq.);
``(iv) the selection by the panel does not
conform, or confine itself, to the offer in its
entirety concerning rates of pay, rules, and
working conditions presented by one of the
parties to the dispute; or
``(v) a party to the dispute or a member of
the panel practiced fraud or corruption which
affected the selection.
``(B) Remedy for uncertainty.--The Secretary may
not entertain any such petition on the ground that the
selection is invalid for uncertainty. If either party
to the dispute seeks to set aside the selection on that
ground, it shall submit the dispute to a board of
adjustment as provided in sections 204 and 205 of title
II of the Railway Labor Act (45 U.S.C. 184 and 185).
``(C) Minor error.--A selection by the panel under
paragraph (6) may not be set aside for trivial
irregularity or clerical error affecting only a matter
of form and not the substance of the selection.
``(8) Action by secretary.--
``(A) Deadline.--The Secretary shall issue a final
order either granting or denying the petition to set
aside the panel's selection within 10 days after the
petition is filed.
``(B) Whole or partial invalidity.--Except as
provided in subparagraph (C), if the Secretary
determines that the selection is invalid in whole or in
part under paragraph (7)(A), the Secretary shall set
aside the selection and remand it to the panel for
further action.
``(C) Split decision.--If the Secretary determines
that--
``(i) only a part of the selection is
invalid under paragraph (7)(A),
``(ii) the valid and invalid parts of the
selection are separable, and
``(iii) the parties agree to a setting
aside only of the part determined to be
invalid,
then the Secretary shall set aside the invalid part, enter an
order requiring the parties to give effect to the valid part,
and remand the invalid part for further action by the panel
consistent with the Secretary's order.
``(9) Judicial review.--At the request of either party to
the dispute, a final order of the Secretary under this
subsection is subject to review by the court of appeals under
section 46110 of this title. For the purpose of applying that
section to a petition for review of an order by the Secretary
under this section, the terms `10 days' and `10th day' shall be
substituted for `60 days' and `60th day' in section 46110(a).
Any such petition shall stay the effectiveness of the
Secretary's final order, which shall otherwise become effective
on the 10th day after the date it is issued.
``(10) Status quo requirement; injunctive relief.--Upon the
issuance of an order to resolve a labor dispute under this
subsection and until the Secretary's final order becomes
effective, no change, except by agreement, shall be made by
either party to the dispute in the rates of pay, rules, or
working conditions out of which the dispute arose. Changes
thereafter shall only be made consistent with the terms of the
Secretary's final order. A court of competent jurisdiction
shall enjoin any effort by a party to make unilateral changes
before the Secretary's final order becomes effective at the
request of the other party to the dispute.
``(11) Rates of pay defined.--In this subsection, the term
`rates of pay' includes wages, vacation, holidays, and excused
time, insurance and defined pension or contribution plans,
profitsharing plans, medical and hospitalization benefits, the
continuity and stability of employment, and all other
consideration and benefits of any nature, paid or received.''. | Airline Labor Dispute Resolution Act - Amends Federal aviation law to grant the Secretary of Transportation authority to declare an air transportation emergency whenever he finds that a labor dispute between an air carrier providing service to a hub airport and an employee organization representing the carrier's employees threatens to: (1) interrupt the carriage of passengers or cargo in interstate transportation by an air carrier in any region of the country in a manner that is likely to curtail operations significantly at any hub airport and thereby cause injury to the region's economy; (2) interrupt the carriage of passengers or cargo in foreign transportation in a manner that is likely to cause injury to the foreign commerce of the United States or its balance of payments; or (3) compromise the national security or foreign policy interests of the United States. Requires the Secretary to issue an order of arbitration to resolve such disputes according to a specified procedure whenever an air transportation emergency is declared. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to provide emergency Secretarial authority to resolve airline labor disputes."} | 2,420 | 194 | 0.644701 | 1.94425 | 0.891539 | 4.719101 | 13.308989 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2001''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'',
and by striking ``1984'' in clause (i) and inserting ``1989'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979............................... 55 percent
1980............................... 45 percent
1981............................... 35 percent
1982............................... 32 percent
1983............................... 25 percent
1984............................... 20 percent
1985............................... 16 percent
1986............................... 10 percent
1987............................... 3 percent
1988............................... 5 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2001,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and Survivors
Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump
sum installments of $1,250, the first of which shall be made during
fiscal year 2002 not later than July 1, 2002, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2001, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2002 not later than July 1, 2002, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2002. The amendments made to this
section shall apply with respect to benefits payable in
months in any fiscal year after fiscal year 2002 only
if the corresponding decrease in adjusted discretionary
spending limits for budget authority and outlays under
section 3 of this Act for fiscal years prior to fiscal
year 2003 is extended by Federal law to such fiscal
year after fiscal year 2002.
(2) Recomputation to reflect benefit increases.--In any
case in which an individual is entitled to monthly insurance
benefits under title II of the Social Security Act for June
2002, if such benefits are based on a primary insurance amount
computed--
(A) under section 215 of such Act as in effect (by
reason of the Social Security Amendments of 1977) after
December 1978, or
(B) under section 215 of such Act as in effect
prior to January 1979 by reason of subsection (a)(4)(B)
of such section (as amended by the Social Security
Amendments of 1977),
the Commissioner of Social Security (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such
primary insurance amount so as to take into account the
amendments made by this Act.
SEC. 3. OFFSET THROUGH REDUCTIONS IN DISCRETIONARY SPENDING LIMITS.
Whenever the Director of the Office of Management and Budget
estimates this legislation under section 252(d)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Director shall
decrease the adjusted discretionary spending limits for budget
authority and outlays for fiscal year 2002 set forth in section
251(c)(6)(A) of such Act by the increase in direct spending estimated
to result from enactment of this legislation for that fiscal year. For
purposes of section 252(b) of such Act, an amount equal to that
decrease in the discretionary spending limit for outlays for such
fiscal year shall be treated as direct spending legislation decreasing
the deficit for that fiscal year. | Notch Fairness Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977.Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988.Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000.Directs the Director of the Office of Management and Budget, when estimating any additional spending under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) resulting from this Act, to decrease the adjusted discretionary spending limits for budget authority and outlays for FY 2002 set forth in such Act by the increase in direct spending estimated to result from enactment of this Act for that fiscal year. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes."} | 2,111 | 256 | 0.51946 | 1.430529 | 0.667166 | 2.981043 | 9.104265 | 0.819905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Bereavement Act of 2011''.
SEC. 2. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER.
(a) Family Leave.--
(1) Entitlement to leave.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended
by adding at the end the following new subparagraph:
``(F) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 102(b)(1) of such Act (29
U.S.C. 2612(b)(1)) is amended by inserting after the
third sentence the following new sentence: ``Leave
under subsection (a)(1)(F) shall not be taken by an
employee intermittently or on a reduced leave schedule
unless the employee and the employer of the employee
agree otherwise.''.
(B) Substitution of paid leave.--Section
102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is
amended, in the first sentence, by striking ``(C) or
(D)'' and inserting ``(C), (D), or (F)''.
(C) Notice.--Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended by adding at the end the following
new paragraph:
``(4) Notice for leave due to death of a son or daughter.--
In any case in which the necessity for leave under subsection
(a)(1)(F) is foreseeable, the employee shall provide such
notice to the employer as is reasonable and practicable.''.
(D) Spouses employed by same employer.--Section
102(f)(1)(A) of such Act (29 U.S.C. 2612(f)(1)(A)) is
amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (F)''.
(E) Certification requirements.--Section 103 of
such Act (29 U.S.C. 2613) is amended by adding at the
end the following:
``(g) Certification Related to the Death of a Son or Daughter.--An
employer may require that a request for leave under section
102(a)(1)(F) be supported by a certification issued at such time and in
such manner as the Secretary may by regulation prescribe. If the
Secretary issues a regulation requiring such certification, the
employee shall provide, in a timely manner, a copy of such
certification to the employer.''.
(F) Failure to return from leave.--Section 104(c)
of such Act (29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting
before the semicolon the following: ``, or a
death that entitles the employee to leave under
section 102(a)(1)(F)''; and
(ii) in paragraph (3)(A)--
(I) in the matter preceding clause
(i), by inserting ``, or the death,''
before ``described'';
(II) in clause (ii), by striking
``or'' at the end;
(III) by redesignating clause (iii)
as clause (iv); and
(IV) by inserting after clause (ii)
the following:
``(iii) a certification that meets such
requirements as the Secretary may by regulation
prescribe, in the case of an employee unable to
return to work because of a death specified in
section 102(a)(1)(F); or''.
(G) Employees of local educational agencies.--
Section 108 of such Act (29 U.S.C. 2618) is amended--
(i) in subsection (c)--
(I) in paragraph (1)--
(aa) in the matter
preceding subparagraph (A), by
inserting after ``medical
treatment'' the following: ``,
or under section 102(a)(1)(F)
that is foreseeable,''; and
(bb) in subparagraph (A),
by inserting after ``to
exceed'' the following:
``(except in the case of leave
under section 102(a)(1)(F))'';
and
(II) in paragraph (2), by striking
``section 102(e)(2)'' and inserting
``paragraphs (2) and (4) of section
102(e), as applicable''; and
(ii) in subsection (d), in paragraph (2)
and (3), by striking ``or (C)'' each place it
appears and inserting ``(C), or (F)''.
(b) Family Leave for Civil Service Employees.--
(1) Entitlement to leave.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(F) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 6382(b)(1) of such title is
amended by inserting after the third sentence the
following new sentence: ``Leave under subsection
(a)(1)(F) shall not be taken by an employee
intermittently or on a reduced leave schedule unless
the employee and the employing agency of the employee
agree otherwise.''.
(B) Substitution of paid leave.--Section 6382(d) of
such title is amended, in the first sentence, by
striking ``or (E)'' and inserting ``(E), or (F)''.
(C) Notice.--Section 6382(e) of such title is
amended by adding at the end the following new
paragraph:
``(4) In any case in which the necessity for leave under subsection
(a)(1)(F) is foreseeable, the employee shall provide such notice to the
employing agency as is reasonable and practicable.''.
(D) Certification requirements.--Section 6383 of
such title is amended by adding at the end the
following:
``(g) An employing agency may require that a request for leave
under section 6382(a)(1)(F) be supported by a certification issued at
such time and in such manner as the Office of Personnel Management may
by regulation prescribe. If the Office issues a regulation requiring
such certification, the employee shall provide, in a timely manner, a
copy of such certification to the employer.''. | Parental Bereavement Act of 2011 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to up to 12 workweeks of leave during any 12-month period because of the death of a son or daughter.
Allows such an employee to substitute any available paid leave for any leave without pay.
Applies the same leave entitlement to federal employees. | {"src": "billsum_train", "title": "A bill to amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter."} | 1,561 | 82 | 0.529086 | 1.299451 | 0.582394 | 2.928571 | 18.028571 | 0.728571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Nevada Land Implementation
Improvement Act''.
SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN
COUNTY, NEVADA.
(a) Facilitation of Pinyon-Juniper Related Projects.--
(1) Availability of special account under lincoln county
land act of 2000.--Section 5(b) of the Lincoln County Land Act
of 2000 (Public Law 106-298; 114 Stat. 1048) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
implementation'' after ``development''; and
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``;
and'' at the end and inserting a
semicolon; and
(II) by adding at the end the
following:
``(iii) development and implementation of
comprehensive, cost-effective, and
multijurisdictional hazardous fuels reduction
projects and wildfire prevention planning
activities (particularly for pinyon-juniper
dominated landscapes) and other rangeland and
woodland restoration projects within the
County, consistent with the Ely Resource
Management Plan or a subsequent amendment to
the plan; and''; and
(B) by adding at the end the following:
``(3) Cooperative agreements.--Establishment of cooperative
agreements between the Bureau of Land Management and the County
shall be required for any County-provided law enforcement and
planning related activities approved by the Secretary
regarding--
``(A) wilderness in the County designated by the
Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
``(B) cultural resources identified, protected, and
managed pursuant to that Act;
``(C) planning, management, and law enforcement
associated with the Silver State OHV Trail designated
by that Act; and
``(D) planning associated with land disposal and
related land use authorizations required for utility
corridors and rights-of-way to serve land that has
been, or is to be, disposed of pursuant to that Act
(other than rights-of-way granted pursuant to that Act)
and this Act.''.
(2) Availability of special account under lincoln county
conservation, recreation, and development act of 2004.--Section
103 of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is
amended--
(A) in subsection (b)(3)--
(i) in subparagraph (E), by striking ``;
and'' at the end and inserting a semicolon;
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) development and implementation of
comprehensive, cost-effective, and multijurisdictional
hazardous fuels reduction and wildfire prevention
planning activities (particularly for pinyon-juniper
dominated landscapes) and other rangeland and woodland
restoration projects within the County, consistent with
the Ely Resource Management Plan or a subsequent
amendment to the plan.''; and
(B) by adding at the end the following:
``(d) Cooperative Agreements.--Establishment of cooperative
agreements between the Bureau of Land Management and the County shall
be required for any County-provided law enforcement and planning
related activities approved by the Secretary regarding--
``(1) wilderness in the County designated by this Act;
``(2) cultural resources identified, protected, and managed
pursuant to this Act;
``(3) planning, management, and law enforcement associated
with the Silver State OHV Trail designated by this Act; and
``(4) planning associated with land disposal and related
land use authorizations required for utility corridors and
rights-of-way to serve land that has been, or is to be,
disposed of pursuant to this Act (other than rights-of-way
granted pursuant to this Act) and the Lincoln County Land Act
of 2000 (Public Law 106-298; 114 Stat. 1046).''.
(b) Disposition of Proceeds.--
(1) Disposition of proceeds under lincoln county land act
of 2000.--Section 5(a)(2) of the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1047) is amended by
inserting ``and the Lincoln County Regional Development
Authority'' after ``schools''.
(2) Disposition of proceeds under lincoln county
conservation, recreation, and development act of 2004.--Section
103(b)(2) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is
amended by striking ``and transportation'' and inserting
``transportation, and the Lincoln County Regional Development
Authority or any other County economic development
organization''.
(c) Realign a Portion of the LCCRDA Utility Corridor.--Section
301(a) of the Lincoln County Conservation, Recreation, and Development
Act of 2004 (Public Law 108-424; 118 Stat. 2413) establishes a 2,640-
foot wide utility corridor as depicted on a map dated October 1, 2004.
The Secretary of the Interior shall realign a portion of the corridor
by removing the designation in sections 5, 6, 7, 8, 9, 10, 11, 14, and
15, T. 7 N., R. 68 E. and realigning the corridor to sections 31, 32,
and 33, T. 8 N., R. 68 E.; sections 4, 5, and 6, T. 7 N., R. 68 E.; and
sections 1 and 12, T. 7 N., 67 E. as shown on the October 1, 2004, map.
(d) Final Corrective Patent in Clark County, Nevada.--
(1) Validation of patent.--Patent number 27-2005-0081
issued by the Bureau of Land Management on February 18, 2005,
is affirmed and validated as having been issued pursuant to,
and in compliance with, the Nevada-Florida Land Exchange
Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52),
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert
tortoise, other species, and the habitat of the desert tortoise
and other species to increase the likelihood of the recovery of
the desert tortoise and other species.
(2) Ratification of reconfiguration.--The process used by
the United States Fish and Wildlife Service and the Bureau of
Land Management in reconfiguring the land described in
paragraph (1), as depicted on Exhibit 1-4 of the Final
Environmental Impact Statement for the Planned Development
Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136) and
the reconfiguration provided for in Special Condition 10 of the
Army Corps of Engineers Permit No. 000005042 are ratified.
(e) Final Land Reconfiguration in Lincoln County, Nevada.--
(1) Definitions.--In this subsection:
(A) Map.--The term ``Map'' means the map prepared
by the Bureau of Land Management entitled ``Proposed
Lincoln County Land Reconfiguration'' and dated January
28, 2016.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the Bureau of Land Management.
(2) Issuance of lincoln county corrective patent.--
(A) In general.--The Secretary may issue a
corrective patent for 7,548 acres of land in Lincoln
County, Nevada, that is depicted on the Map.
(B) Applicable law.--A corrective patent issued
under subparagraph (A) shall be considered to have been
issued pursuant to, and in compliance with, the Nevada-
Florida Land Exchange Authorization Act of 1988 (Public
Law 100-275; 102 Stat. 52).
SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME
WILDERNESS BOUNDARY ADJUSTMENTS.
(a) Amendments to the Pam White Wilderness Act.--Section 323 of the
Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109-
432; 120 Stat. 3031) is amended by striking subsection (e) and
inserting the following:
``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt.
Moriah Wilderness established under section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include--
``(1) the land identified as the `Mount Moriah Wilderness
Area' and `Mount Moriah Additions' on the map entitled `Eastern
White Pine County' and dated November 29, 2006; and
``(2) the land identified as `NFS Lands' on the map
entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah
Wilderness Area' and dated June 18, 2014.
``(f) High Schells Wilderness Adjustment.--The boundary of the High
Schells Wilderness established under subsection (a)(11) is adjusted to
include the land identified as `Include as Wilderness' on the map
entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to
exclude the land identified as `NFS Lands' on the map entitled
`Proposed Wilderness Boundary Adjustment High Schells Wilderness Area'
and dated June 17, 2014.''.
(b) Amendments to the Nevada Wilderness Protection Act of 1989.--
The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note;
Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the
following:
``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT.
``The boundary of the Arc Dome Wilderness established under section
2(2) is adjusted to exclude the land identified as `Exclude from
Wilderness' on the map entitled `Arc Dome Adjustment' and dated
November 3, 2014.''.
SEC. 4. IMPLEMENTATION OF CONSERVATION PLAN, VIRGIN RIVER, NEVADA.
Section 3(d)(3)(B) of Public Law 99-548 (100 Stat. 3061; 116 Stat.
2018) is amended by striking ``development of a multispecies habitat
conservation plan for'' and inserting ``development and implementation
of a conservation plan to benefit fish and wildlife species of''.
SEC. 5. TECHNICAL AMENDMENT.
Section 3(f)(2)(B) of Public Law 99-548 (100 Stat. 3061) is amended
by striking ``(v) Sec. 7.''.
Passed the House of Representatives June 7, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on April 25, 2016. Eastern Nevada Land Implementation Improvement Act (Sec. 2) This bill amends the Lincoln County Land Act of 2000 (LCLA) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Both the LCLA and the Lincoln County Conservation, Recreation, and Development Act of 2004 (LCCRDA) are amended to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan or a subsequent amendment to it. The bill requires cooperative agreements between the Bureau of Land Management (BLM) and Lincoln County for certain county-provided law enforcement and planning related activities approved by the Department of the Interior. Certain portions of land sale proceeds returned to the County under the LCLA and the LCCRDA shall be used in part for the Lincoln County Regional Development Authority. Under the LCCRDA Interior shall realign a specified portion of a 2,640-foot wide utility corridor. The bill: affirms and validates patent number 27-2005-0081 issued by the BLM on February 18, 2005, as having been issued pursuant to and in compliance with specified law for the benefit of the desert tortoise, other species, and their habitat to increase the likelihood of their recovery; and ratifies the processes used by the U.S. Fish and Wildlife Service and the BLM in reconfiguring the land covered by the patent. Interior may issue a corrective patent for 7,548 specified acres of land in Lincoln County. (Sec. 3) The bill amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands, and the boundary of the High Schells Wilderness to include and exclude specified lands. The bill amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. (Sec. 4) The bill amends the Mesquite Lands Act of 1988 to require the proceeds of the sales of certain parcels of land by Interior to the city of Mesquite, Nevada, to be made available for use for the development and implementation of a conservation plan to benefit fish and wildlife species of the Virgin River in Clark County (rather than, as currently, for development of a multispecies habitat conservation plan). | {"src": "billsum_train", "title": "Eastern Nevada Land Implementation Improvement Act"} | 2,580 | 560 | 0.631279 | 2.36162 | 0.611515 | 3.346639 | 4.539916 | 0.834034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Police Retention,
Recruitment, and Authorization Act of 2002''.
SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION.
For fiscal year 2003, the Capitol Police Board shall increase the
annual rate of basic compensation applicable for officers and members
of the Capitol Police for pay periods occurring during the year by 5
percent, except that in the case of officers above the rank of captain
the increase shall be made at a rate determined by the Board at its
discretion (but not to exceed 5 percent).
SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED MEMBERS AND
EMPLOYEES.
The Capitol Police Board may compensate newly-appointed officers,
members, and civilian employees of the Capitol Police at an annual rate
of basic compensation in excess of the lowest rate of compensation
otherwise applicable to the position to which the employee is
appointed, except that in no case may such a rate be greater than the
maximum annual rate of basic compensation otherwise applicable to the
position.
SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS.
Section 909(e) of the Emergency Supplemental Act, 2002 (40 U.S.C.
207b-2(e)), is amended--
(1) in the heading, by inserting ``and Officers Holding
Other Specialty Assignments'' after ``Officers'';
(2) in paragraph (1), by inserting ``or who is assigned to
another specialty assignment designated by the chief of the
Capitol Police'' after ``field training officer''; and
(3) in paragraph (2), by striking ``officer,'' and
inserting ``officer or to be assigned to a designated specialty
assignment,''.
SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED BASIS.
(a) In General.--Any limits on the amount of premium pay which may
be earned by officers and members of the Capitol Police during
emergencies (as determined by the Capitol Police Board) shall be
applied by the Capitol Police Board on an annual basis and not on a pay
period basis.
(b) Effective Date.--Subsection (a) shall apply with respect to
hours of duty occurring on or after September 11, 2001.
SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL LEAVE.
The Capitol Police Board shall provide that an officer or member of
the Capitol Police who completes 3 years of employment with the Capitol
Police (taking into account any period occurring before, on, or after
the date of the enactment of this Act) shall receive 8 hours of annual
leave per pay period.
SEC. 7. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS.
(a) Tuition Reimbursement.--
(1) In general.--The Capitol Police Board shall establish a
tuition reimbursement program for officers and members of the
Capitol Police who are enrolled in or accepted for enrollment
in a degree, certificate, or other program leading to a
recognized educational credential at an institution of higher
education in a course of study relating to law enforcement.
(2) Annual cap on amount reimbursed.--The amount paid as a
reimbursement under the program established under this
subsection with respect to any individual may not exceed $3,000
during any year.
(3) Approval of regulations.--The program established under
this subsection shall take effect upon the approval of the
regulations promulgated by the Capitol Police Board to carry
out the program by the Committee on House Administration of the
House of Representatives and the Committee on Rules and
Administration of the Senate.
(b) Bonus Payments for Completion of Degree.--The Capitol Police
Board may make a one-time bonus payment in an amount not to exceed $500
to any officer or member who participates in the program established
under subsection (a) upon the officer's or member's completion of the
course of study involved.
SEC. 8. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT NEW
OFFICERS.
(a) In General.--The Capitol Police Board may make a one-time bonus
payment in an amount not to exceed $500 to any officer, member, or
civilian employee of the Capitol Police who recruits another individual
to serve as an officer or member of the Capitol Police.
(b) Exemption of Recruitment Officers.--No payment may be made
under subsection (a) to any officer, member, or civilian employee who
carries out recruiting activities for the Capitol Police as part of the
individual's official responsibilities.
(c) Timing.--No payment may be made under subsection (a) with
respect to an individual recruited to serve as an officer or member of
the Capitol Police until the individual completes the training required
for new officers or members and is sworn in as an officer or member.
SEC. 9. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE.
(a) In General.--
(1) Disposal of property.--Any funds from the proceeds of
the disposal of property of the Capitol Police shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board'', or ``security enhancements'' under
the heading ``Capitol Police Board''.
(2) Compensation.--Any funds for compensation for damage
to, or loss of, property of the Capitol Police, including any
insurance payment or payment made by an officer or civilian
employee of the Capitol Police for such compensation, shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board''.
(3) Reimbursement for services provided to governments.--
Any funds from reimbursement made by another entity of the
Federal government or by any State or local government for
assistance provided by the Capitol Police shall be deposited in
the United States Treasury for credit to the appropriation for
``general expenses'' under the heading ``Capitol Police
Board''.
(b) Expenditures.--Funds deposited under subsection (a) may be
expended by the Capitol Police Board for any authorized purpose
(subject to the approval of the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate) and shall remain available until
expended.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2003 and each succeeding fiscal year.
SEC. 10. INCREASE IN NUMBER OF AUTHORIZED POSITIONS.
Effective with respect to fiscal year 2002 and each fiscal year
thereafter, the total number of full-time equivalent positions of the
United States Capitol Police (including positions for members of the
Capitol Police and civilian employees) may not exceed 1,981 positions.
SEC. 11. DISPOSAL OF FIREARMS.
The disposal of firearms by officers and members of the United
States Capitol Police shall be carried out in accordance with
regulations promulgated by the Capitol Police Board and approved by the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
SEC. 12. USE OF VEHICLES TO TRANSPORT POLICE DOGS.
Notwithstanding any other provision of law, an officer of the
United States Capitol Police who works with a police dog and who is
responsible for the care of the dog during non-working hours may use an
official Capitol Police vehicle when the officer is accompanied by the
dog to travel between the officer's residence and duty station and to
otherwise carry out official duties.
SEC. 13. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE.
It is the sense of Congress that, to the greatest extent possible
consistent with the mission of the Capitol Police, the chief of the
Capitol Police should seek to deploy the human and other resources of
the Police in a manner maximizing opportunities for individual officers
to be trained for, and to acquire and maintain proficiency in, all
aspects of the Police's responsibilities, and to rotate regularly among
different posts and duties, in order to utilize fully the skills and
talents of officers, enhance the appeal of their work, and ensure the
highest state of readiness.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2003 and
each succeeding fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 15. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to pay periods occurring during
fiscal year 2003 and each succeeding fiscal year.
Passed the House of Representatives June 26, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Capitol Police Retention, Recruitment, and Authorization Act of 2002 - (Sec. 2) Requires the Capitol Police Board to increase by five percent the annual rate of basic compensation for officers and members of the Capitol Police, except that for officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed five percent).(Sec. 3) Authorizes the Board to compensate newly appointed officers, members, and employees at an annual rate exceeding the lowest rate of compensation otherwise applicable, up to the maximum annual rate of basic compensation otherwise applicable.(Sec. 4) Amends the Emergency Supplemental Act, 2002 to provide additional compensation for each Capitol Police officer assigned to another specialty assignment designated by the Chief of the Capitol Police.(Sec. 5) Requires limits on the amount of premium pay which may be earned by officers and members during emergencies (as determined by the Board) to be applied by the Board on an annual and not pay period basis. Makes such application retrospective to hours of duty occurring on or after September 11, 2001.(Sec. 6) Requires the Board to provide that if an officer or member completes three years of employment with the Capitol Police (taking into account any period occurring before, on, or after this Act's enactment) he or she shall receive eight hours of annual leave per pay period.(Sec. 7) Requires the Board, under certain conditions, to establish a tuition reimbursement program to assist officers and members in higher education costs relating to law-enforcement.Limits such reimbursement to $3,000 yearly. Authorizes the Board to pay a one-time bonus of up to $500 to each participant upon completion of the course of study involved.(Sec. 8) Allows the Board to make a one-time bonus payment in an amount not to exceed $500 to any officer, member, or civilian employee who recruits a new officer or member. Excludes from such bonus officers, members, or civilian employees who carry out recruiting activities as part of their official responsibilities. Prohibits disbursement of such bonus until the recruited individual completes the required training.(Sec. 9) Requires deposit into specified Capitol Police appropriation accounts of any funds: (1) from the proceeds of disposal of property; (2) for compensation for damage to, or loss of, property of the Capitol Police, including any insurance payment or payment made by an Capitol Police officer or civilian employee for such compensation; and (3) from reimbursement made by another entity of the Federal government or by a State or local government for assistance provided by the Capitol Police.(Sec. 10) Limits the total number of full-time equivalent positions of the U.S. Capitol Police (including members and civilian employees) to 1,981.(Sec. 11) Requires the disposal of firearms by officers and members to be carried out in accordance with regulations promulgated by the Board and approved by specified congressional committees.(Sec. 12) Authorizes an officer who works with a police dog and is responsible for its care during non-working hours to use an official Capitol Police vehicle when the officer is accompanied by the dog to travel between the officer's residence and duty station and to otherwise carry out official duties.(Sec. 13) Expresses the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the Chief should seek to deploy the Police's human and other resources in a manner maximizing opportunities for individual officers: (1) to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities; and (2) to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness.(Sec. 14) Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Capitol Police Board to take steps to promote the retention of current officers and members of the Capitol Police and the recruitment of new officers and members of the Capitol Police, and for other purposes."} | 1,955 | 858 | 0.711979 | 2.328737 | 0.74154 | 5.655509 | 2.419805 | 0.930265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Paperwork Reduction Act of
2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The amount of paperwork special education teachers are
required to complete is burdensome, takes valuable time away
from the classroom, and undermines the goal of providing the
best quality education possible to all children.
(2) Special education teachers spend an average of 5 hours
per week on paperwork, compared to general education teachers
who spend an average of 2 hours per week on paperwork.
(3) The average length of an individualized education
program (referred to in this Act as an ``IEP''), 1 of the
biggest sources of paperwork, is between 8 and 16 pages.
(4) More than 60 percent of special education teachers
spend between \1/2\ to 1\1/2\ days a week completing paperwork,
according to a survey by the Council for Exceptional Children
conducted in 2000. Though special education teachers believe
IEPs are essential to providing quality instruction to students
with disabilities, they say IEPs need to be streamlined and
more relevant to their students' educational needs.
(5) 83 percent of special education teachers report
spending from \1/2\ to 1\1/2\ days each week in IEP-related
meetings, and special education teachers estimate they spend 4
hours planning before each IEP meeting, according to the
Council for Exceptional Children.
(6) 14 percent of special education teachers spend 1 hour
or less per week on paperwork while 24 percent spend 1.5 to 3
hours and 8 percent spend 14 hours or more on paperwork.
(7) 53 percent of special education teachers report that,
to a great extent, their routine duties and paperwork interfere
with their interaction with their students.
(8) The causes of burdensome paperwork for special
education teachers include--
(A) Federal regulations;
(B) misconceptions at State and local levels
regarding Federal regulations, resulting in additional
State and local requirements; and
(C) litigation and the threat of litigation.
(9) The benefits of mediation as an alternative to lawsuits
for special education disputes are the following:
(A) Mediation can be a more constructive option for
special education children, parents, and teachers
because it allows families to maintain a positive
relationship with teachers and service providers and
parents have the benefit of working together with
educators and service providers as partners instead of
as adversaries.
(B) Parents and children, most likely, will have
their concerns addressed much more quickly through
mediation than through litigation.
(C) Mediation is a much less costly alternative for
families and school districts.
(D) Mediation often results in agreements with
which both parties are satisfied and the parties tend
to carry out the terms of the agreement, for example,
in Pennsylvania, 85 percent of special education
mediations end in agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Education.
(2) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Individualized education program.--The term
``individualized education program'' has the meaning given the
term in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 4. PAPERWORK REDUCTION.
(a) Gao Study and Report.--
(1) Study.--
(A) In general.--The Comptroller General shall
conduct a study on the paperwork burden on special
education teachers.
(B) Causation.--In the study conducted under
subparagraph (A), the Comptroller General shall--
(i) determine--
(I) how much of the paperwork
burden on special education teachers is
caused by Federal regulations compared
to State and local regulations;
(II) the number of mediations that
have been conducted since mediations
were required to be made available
under the Individuals with Disabilities
Education Act Amendments of 1997; and
(III) the amount of money that
State educational agencies and local
educational agencies have saved as a
result of participating in mediations
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.)
for special education disputes as
opposed to engaging in litigation; and
(ii) examine--
(I) the impact the Individuals with
Disabilities Education Act Amendments
of 1997 have had on the paperwork
burden on special education teachers;
(II) streamlining IEP forms and
regulations; and
(III) the use of technology in
reducing the paperwork burden on
special education teachers.
(2) Report.--
(A) Submission.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General
shall submit a report to Congress on the study
conducted under paragraph (1).
(B) Contents.--The report submitted under
subparagraph (A) shall include recommendations--
(i) on steps that Congress, the Department,
State educational agencies, and local
educational agencies could take to comply with
the requirement of subsection (b); and
(ii) on the use of technology in reducing
the paperwork burden on special education
teachers.
(b) Reduction.--
(1) Required reductions.--Not later than 18 months after
the date of enactment of this Act, the Department, in
cooperation with each State educational agency and local
educational agency that receives Federal funds under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) or the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), shall reduce the amount of paperwork that
such entities require special education teachers to complete by
not less than a net 50 percent.
(2) Reduction goals.--The Department and each State
educational agency and local educational agency that receives
Federal funds under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) or the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) are
encouraged to reduce the amount of paperwork that such entities
require special education teachers to complete by more than a
net 50 percent.
SEC. 5. MANDATORY MEDIATION.
(a) Mediation.--The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) is amended--
(1) in section 615(e)--
(A) in paragraph (1)--
(i) by striking ``allow'' and inserting
``require''; and
(ii) by striking ``process'' and all that
follows and inserting ``process.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``voluntary'' and inserting ``mandatory'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraphs (C)
through (G) as subparagraphs (B) through (F),
respectively; and
(iv) in subparagraph (C), as redesignated
by clause (iii), by striking ``process,'' and
all that follows and inserting ``process.'';
and
(2) in section 682(b)(5), by striking ``, consistent with
subparagraphs (B) and (D) of section 615(e)(2),''.
(b) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
SEC. 6. FUNDING.
From funds appropriated for part D of the Individuals with
Disabilities Education Act (20 U.S.C. 1451 et seq.), the Department
shall award grants--
(1) to conduct research to determine best practices for
successful mediation, including training practices, that can
help contribute to the effort to reduce paperwork, improve
student outcomes, and free up teacher resources for teaching;
and
(2) to provide mediation training support services. | Teacher Paperwork Reduction Act of 2002 - Directs the Comptroller General to study the causes of the paperwork burden of special education teachers and report to Congress with recommendations for reducing it.Requires the Department of Education, along with State and local educational agencies, to reduce such burden by at least 50 percent within 18 months.Amends the Individuals with Disabilities Education Act (IDEA) to make mediation mandatory (currently voluntary) for all legal disputes related to Individual Education Programs.Directs the Department to use certain appropriations under IDEA part D to award grants to: (1) conduct research to determine best practices for successful mediation; and (2) provide mediation training support services. | {"src": "billsum_train", "title": "A bill to reduce the amount of paperwork for special education teachers, to make mediation mandatory for all legal disputes related to individualized education programs, and for other purposes."} | 1,904 | 147 | 0.460423 | 1.361771 | 0.694881 | 2.543307 | 13.724409 | 0.858268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Activity Tax Simplification
Act of 2006''.
SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW
86-272.
(a) Solicitations With Respect to Sales and Transactions of Other
Than Tangible Personal Property.--Section 101 of the Act entitled ``An
Act relating to the power of the States to impose net income taxes on
income derived from interstate commerce, and authorizing studies by
congressional committees of matters pertaining thereto'', approved
September 14, 1959 (15 U.S.C. 381 et seq.), is amended--
(1) in subsection (a)(1) by striking ``of tangible'' and
all that follows through ``State; and'' and inserting the
following: ``or transactions, which orders are sent outside the
State for approval or rejection and, if approved, are--
``(A) in the case of tangible personal property,
filled by shipment or delivery from a point outside the
State; and
``(B) in the case of all other forms of property,
services, and other transactions, fulfilled from a
point outside the State; and'';
(2) in subsection (c)--
(A) by inserting ``or fulfilling transactions''
after ``making sales'';
(B) by inserting ``or transactions'' after
``sales'' the other places it appears; and
(C) by striking ``of tangible personal property''
each place it appears; and
(3) in subsection (d)(1) by striking ``the sale of,
tangible personal property'' and inserting ``a sale or
transaction,''.
(b) Application of Prohibitions to Other Business Activity Taxes.--
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.), is amended by adding at the end the following:
``Sec. 105. Beginning with taxable periods beginning on or after
the first day of the first calendar year that begins after the date of
the enactment of the Business Activity Tax Simplification Act of 2006,
the prohibitions of section 101 that apply with respect to net income
taxes shall also apply with respect to each other business activity
tax, as defined in section 4 of the Business Activity Tax
Simplification Act of 2006. A State or political subdivision thereof
may not assess or collect any tax which by reason of this section the
State or political subdivision may not impose.''.
(c) Effective Date of Subsection (a) Amendments.--The amendments
made by subsection (a) shall apply with respect to the imposition,
assessment, and collection of taxes for taxable periods beginning on or
after the first day of the first calendar year that begins after the
date of the enactment of the Business Activity Tax Simplification Act
of 2006.
SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES
AND OTHER BUSINESS ACTIVITY TAXES.
(a) In General.--No taxing authority of a State shall have power to
impose, assess, or collect a net income tax or other business activity
tax on any person relating to such person's activities in interstate
commerce unless such person has a physical presence in the State during
the taxable period with respect to which the tax is imposed.
(b) Requirements for Physical Presence.--For the purposes of
subsection (a), a person has a physical presence in a State only if
such person's business activities in the State include any of the
following, collectively and on more than 21 days in the aggregate,
during such person's taxable year:
(1) Being an individual physically in the State, or
assigning one or more employees to be in the State, except that
the following shall be excluded in determining whether such 21-
day limit has been exceeded:
(A) Activities in connection with a possible or an
actual purchase of goods or services, for consumption
by the person's business.
(B) Gathering news and covering events for print,
broadcast, or other distribution through the media.
(C) Gathering information needed in order to
perform services outside the State.
(D) Meeting government officials for purposes other
than selling goods or services, for consumption by such
government.
(E) Merely attending educational or training
conferences, seminars or other similar functions.
(F) Participating in charitable activities.
(2) Using the services of an agent (excluding an employee)
to establish or maintain the market in the State, if such agent
does not perform business services in the State for any other
person during such taxable year.
(3) The leasing or owning of tangible personal property or
of real property in the State, except that the following shall
be excluded in determining whether such 21-day limit has been
exceeded:
(A) Tangible personal property located in the State
for purposes of being assembled, manufactured,
processed, or tested by another person for the benefit
of the owner or lessee, or used to furnish a service to
the owner or lessee by another person.
(B) Marketing or promotional materials distributed
in the State.
(C) Any property to the extent used ancillary to an
activity excluded from the computation of the 21-day
period based on paragraph (1) or (2).
(c) Taxable Periods Not Consisting of a Year.--If the taxable
period for which the tax is imposed is not a year, then any
requirements expressed in days for establishing physical presence under
this Act shall be adjusted pro rata accordingly.
(d) Exceptions.--
(1) Domestic business entities and individuals domiciled
in, or residents of, the state.--Subsection (a) does not apply
with respect to--
(A) a person (other than an individual) that is
incorporated or formed under the laws of the State (or
domiciled in the State) in which the tax is imposed; or
(B) an individual who is domiciled in, or a
resident of, the State in which the tax is imposed.
(2) Taxation of partners and similar persons.--This section
shall not be construed to modify or affect any State business
activity tax liability of an owner or beneficiary of an entity
that is a partnership, an S corporation (as defined in section
1361 of the Internal Revenue Code of 1986 (26 U.S.C. 1361)), a
limited liability company, a trust, an estate, or any other
similar entity, if the entity has a physical presence in the
State in which the tax is imposed.
(3) Preservation of authority.--This section shall not be
construed to modify, affect, or supersede the authority of a
State to bring an enforcement action against a person or entity
that may be engaged in an illegal activity, a sham transaction,
or any perceived or actual abuse in its business activities if
such enforcement action--
(A) is of a kind customarily used by the State; and
(B) does not modify, affect, or supersede the
operation of any provision of this Act or of any other
Federal law.
(4) Certain activities.--With respect to the following,
subsection (b) shall be read by substituting ``at least one
day'' for ``more than 21 days in the aggregate'':
(A) The sale within a State of tangible personal
property, if delivery of the property originates and is
completed within the State.
(B) The performance of services that physically
affect real property within a State.
(5) Exception relating to certain performances and sporting
events.--With respect to the taxation of the following,
subsection (b) shall be read by substituting ``at least one
day'' for ``more than 21 days in the aggregate'':
(A) A live performance in a State, before a live
audience of more than 100 individuals.
(B) A live sporting event in a State before more
than 100 spectators present at the event.
(e) Rule of Construction.--This section shall not be construed to
modify, affect, or supersede the operation of title I of the Act
entitled ``An Act relating to the power of the States to impose net
income taxes on income derived from interstate commerce, and
authorizing studies by congressional committees of matters pertaining
thereto'', approved September 14, 1959 (15 U.S.C. 381 et seq.).
SEC. 4. DEFINITIONS.
The following definitions apply in this Act:
(1) Net income tax.--The term ``net income tax'' has the
meaning given that term for the purposes of the Act entitled
``An Act relating to the power of the States to impose net
income taxes on income derived from interstate commerce, and
authorizing studies by congressional committees of matters
pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.).
(2) Other business activity tax.--
(A) The term ``other business activity tax''
means--
(i) a tax imposed on or measured by gross
receipts, gross income, or gross profits;
(ii) a business and occupation tax;
(iii) a franchise tax;
(iv) a single business tax or a capital
stock tax; or
(v) any other tax imposed by a State on a
business measured by the amount of, or economic
results of, business or related activity
conducted in the State.
(B) The term ``other business activity tax'' does
not include a sales tax, a use tax, or a similar tax,
imposed as the result of the sale or acquisition of
goods or services, whether or not denominated a tax
imposed on the privilege of doing business.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any political subdivision
of any of the foregoing.
(4) Tangible personal property.--The term ``tangible
personal property'' does not include computer software that is
owned and licensed by the owner to another person.
SEC. 5. EFFECTIVE DATE.
Except as provided otherwise in this Act, this Act applies with
respect to taxable periods beginning on and after the first day of the
first year that begins after the date of the enactment of this Act. | Business Activity Tax Simplification Act of 2006 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for determining that a person has a physical presence in a state. | {"src": "billsum_train", "title": "A bill to simplify the taxation of business activity, and for other purposes."} | 2,346 | 115 | 0.482099 | 1.277673 | 0.546395 | 2.95 | 21.64 | 0.87 |
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