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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Treatment for Experienced
Pilots Act''.
SEC. 2. AGE STANDARDS FOR PILOTS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44729. Age standards for pilots
``(a) In General.--Subject to the limitation in subsection (c), a
pilot may serve in multicrew covered operations until attaining 65
years of age.
``(b) Covered Operations Defined.--In this section, the term
`covered operations' means operations under part 121 of title 14, Code
of Federal Regulations.
``(c) Limitation for International Flights.--
``(1) Applicability of icao standard.--A pilot who has attained
60 years of age may serve as pilot-in-command in covered operations
between the United States and another country only if there is
another pilot in the flight deck crew who has not yet attained 60
years of age.
``(2) Sunset of limitation.--Paragraph (1) shall cease to be
effective on such date as the Convention on International Civil
Aviation provides that a pilot who has attained 60 years of age may
serve as pilot-in-command in international commercial operations
without regard to whether there is another pilot in the flight deck
crew who has not attained age 60.
``(d) Sunset of Age 60 Retirement Rule.--On and after the date of
enactment of this section, section 121.383(c) of title 14, Code of
Federal Regulations, shall cease to be effective.
``(e) Applicability.--
``(1) Nonretroactivity.--No person who has attained 60 years of
age before the date of enactment of this section may serve as a
pilot for an air carrier engaged in covered operations unless--
``(A) such person is in the employment of that air carrier
in such operations on such date of enactment as a required
flight deck crew member; or
``(B) such person is newly hired by an air carrier as a
pilot on or after such date of enactment without credit for
prior seniority or prior longevity for benefits or other terms
related to length of service prior to the date of rehire under
any labor agreement or employment policies of the air carrier.
``(2) Protection for compliance.--An action taken in
conformance with this section, taken in conformance with a
regulation issued to carry out this section, or taken prior to the
date of enactment of this section in conformance with section
121.383(c) of title 14, Code of Federal Regulations (as in effect
before such date of enactment), may not serve as a basis for
liability or relief in a proceeding, brought under any employment
law or regulation, before any court or agency of the United States
or of any State or locality.
``(f) Amendments to Labor Agreements and Benefit Plans.--Any
amendment to a labor agreement or benefit plan of an air carrier that
is required to conform with the requirements of this section or a
regulation issued to carry out this section, and is applicable to
pilots represented for collective bargaining, shall be made by
agreement of the air carrier and the designated bargaining
representative of the pilots of the air carrier.
``(g) Medical Standards and Records.--
``(1) Medical examinations and standards.--Except as provided
by paragraph (2), a person serving as a pilot for an air carrier
engaged in covered operations shall not be subject to different
medical standards, or different, greater, or more frequent medical
examinations, on account of age unless the Secretary determines
(based on data received or studies published after the date of
enactment of this section) that different medical standards, or
different, greater, or more frequent medical examinations, are
needed to ensure an adequate level of safety in flight.
``(2) Duration of first-class medical certificate.--No person
who has attained 60 years of age may serve as a pilot of an air
carrier engaged in covered operations unless the person has a
first-class medical certificate. Such a certificate shall expire on
the last day of the 6-month period following the date of
examination shown on the certificate.
``(h) Safety.--
``(1) Training.--Each air carrier engaged in covered operations
shall continue to use pilot training and qualification programs
approved by the Federal Aviation Administration, with specific
emphasis on initial and recurrent training and qualification of
pilots who have attained 60 years of age, to ensure continued
acceptable levels of pilot skill and judgment.
``(2) Line evaluations.--Not later than 6 months after the date
of enactment of this section, and every 6 months thereafter, an air
carrier engaged in covered operations shall evaluate the
performance of each pilot of the air carrier who has attained 60
years of age through a line check of such pilot. Notwithstanding
the preceding sentence, an air carrier shall not be required to
conduct for a 6-month period a line check under this paragraph of a
pilot serving as second-in-command if the pilot has undergone a
regularly scheduled simulator evaluation during that period.
``(3) GAO report.--Not later than 24 months after the date of
enactment of this section, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report concerning the effect, if
any, on aviation safety of the modification to pilot age standards
made by subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is amended by adding at the end the following:
``44729. Age standards for pilots.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fair Treatment for Experienced Pilots Act - Amends federal transportation law to allow a pilot who has attained 60 years of age to serve as a passenger airline pilot until the age of 65, provided that a pilot who has attained age 60 may serve as pilot-in-command on international flights only if there is another pilot in the flight crew who has not yet attained 60 years of age.
Prohibits subjecting pilots to different medical examinations and standards on account of age unless to ensure an adequate level of safety in flight, except that no person who has attained 60 years of age may serve as a pilot unless such person has a first-class medical certificate.
Requires air carriers to: (1) continue to provide FAA-approved training to pilots, with specific emphasis on initial and recurring training and qualification of pilots who have attained 60 years of age; and (2) evaluate, every six months, the performance of pilots who have attained 60 years of age through a line check of such pilot.
Requires the Comptroller General to report to Congress on the effect of the modification of pilot age requirements, if any, on aviation safety. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to modify age standards for pilots engaged in commercial aviation operations."} | 1,315 | 257 | 0.601376 | 1.567077 | 0.862797 | 4.202703 | 5.432432 | 0.923423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bounty Hunter Accountability and
Quality Assistance Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) bail enforcement officers, also known as bounty hunters
or recovery agents, provide law enforcement officers with
valuable assistance in recovering fugitives from justice;
(2) regardless of the differences in their duties, skills,
and responsibilities, the public has had difficulty in
discerning the difference between law enforcement officers and
bail enforcement officers;
(3) the American public demands the employment of
qualified, well-trained bail enforcement officers as an
adjunct, but not a replacement for, law enforcement officers;
and
(4) in the course of their duties, bail enforcement
officers often move in and affect interstate commerce.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``bail enforcement employer'' means any person
that--
(A) employs 1 or more bail enforcement officers; or
(B) provides, as an independent contractor, for
consideration, the services of 1 or more bail
enforcement officers (which may include the services of
that person);
(2) the term ``bail enforcement officer''--
(A) means any person employed to obtain the
recovery of any fugitive from justice who has been
released on bail; and
(B) does not include any--
(i) law enforcement officer;
(ii) attorney, accountant, or other
professional licensed under applicable State
law;
(iii) employee whose duties are primarily
internal audit or credit functions; or
(iv) member of the Armed Forces on active
duty; and
(3) the term ``law enforcement officer'' means a public
servant authorized under applicable State law to conduct or
engage in the prevention, investigation, prosecution, or
adjudication of criminal offenses, including any public servant
engaged in corrections, parole, or probation functions.
SEC. 4. BACKGROUND CHECKS.
(a) In General.--
(1) Submission.--An association of bail enforcement
employers, which shall be designated for the purposes of this
section by the Attorney General, may submit to the Attorney
General fingerprints or other methods of positive
identification approved by the Attorney General, on behalf of
any applicant for a State license or certificate of
registration as a bail enforcement officer or a bail
enforcement employer.
(2) Exchange.--In response to a submission under paragraph
(1), the Attorney General may, to the extent provided by State
law conforming to the requirements of the second paragraph
under the heading ``Federal Bureau of Investigation'' and the
subheading ``Salaries and Expenses'' in title II of Public Law
92-544 (86 Stat. 1115), exchange, for licensing and employment
purposes, identification and criminal history records with the
State governmental agencies to which the applicant has applied.
(b) Regulations.--The Attorney General may promulgate such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information submitted or exchanged under subsection
(a) and to audits and recordkeeping requirements relating to that
information.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit to the Committees on the
Judiciary of the Senate and the House of Representatives a report on
the number of submissions made by the association of bail enforcement
employers under subsection (a)(1), and the disposition of each
application to which those submissions related.
(d) State Participation.--It is the sense of Congress that each
State should participate, to the maximum extent practicable, in any
exchange with the Attorney General under subsection (a)(2).
SEC. 5. MODEL GUIDELINES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish in the
Federal Register model guidelines for the State control and regulation
of persons employed or applying for employment as bail enforcement
officers.
(b) Recommendations.--The guidelines published under subsection (a)
shall include recommendations of the Attorney General regarding whether
a person seeking employment as a bail enforcement officer should be--
(1) allowed to obtain such employment if that person has
been convicted of a felony offense under Federal law, or of any
offense under State law that would be a felony if charged under
Federal law;
(2) required to obtain adequate liability insurance for
actions taken in the course of performing duties pursuant to
employment as a bail enforcement officer; or
(3) prohibited, if acting in the capacity of that person as
a bail enforcement officer, from entering any private dwelling,
unless that person first knocks on the front door and announces
the presence of 1 or more bail enforcement officers.
(c) Byrne Grant Preference for Certain States.--
(1) In general.--Section 505 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is
amended by adding at the end the following:
``(e) Preference for Certain States.--Notwithstanding any other
provision of this part, in making grants to States under this subpart,
the Director shall give priority to States that have adopted the model
guidelines published under section 5(a) of the Bounty Hunter
Accountability and Quality Assistance Act of 1999.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 2 years after the date of enactment of this
Act.
SEC. 6. JOINT AND SEVERAL LIABILITY FOR ACTIVITIES OF BAIL ENFORCEMENT
OFFICERS.
Notwithstanding any other provision of law, a bail enforcement
officer, whether acting as an independent contractor or as an employee
of a bail enforcement employer on a bail bond, shall be considered to
be the agent of that bail enforcement employer for the purposes of that
liability. | Bounty Hunter Accountability and Quality Assistance Act of 1999 - Authorizes: (1) an association of bail enforcement employers, which shall be designated by the Attorney General, to submit to the Attorney General fingerprints or other methods of positive identification approved by the Attorney General, on behalf of any applicant for a State license or certificate of registration as a bail enforcement officer or employer; and (2) the Attorney General, in response to such submission, to exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which the applicant has applied (subject to specified limitations).
Authorizes the Attorney General to promulgate such regulations as necessary to carry out such provisions, including measures relating to audits, recordkeeping requirements, and the security, confidentiality, accuracy, use, and dissemination of information submitted or exchanged.
Express the sense of Congress that each State should participate in any such exchange.
(Sec. 5) Directs the Attorney General to publish in the Federal Register model guidelines for the State control and regulation of persons employed or applying for employment as bail enforcement officers, including recommendations regarding whether a person seeking such employment should be: (1) allowed to obtain such employment if that person has been convicted of a Federal felony, or of a State offense that would be a felony if charged under Federal law; (2) required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bail enforcement officer; or (3) prohibited, if acting in the capacity of that person as a bail enforcement officer, from entering any private dwelling without first knocking on the front door and announcing the presence of one or more bail enforcement officers.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to give priority, in making drug control and system improvement (Byrne) grants, to States that have adopted the model guidelines.
(Sec. 6) Declares that a bail enforcement officer, whether acting as an independent contractor or as an employee of a bail enforcement employer on a bail bond, shall be considered to be the agent of that employer for liability purposes. | {"src": "billsum_train", "title": "Bounty Hunter Accountability and Quality Assistance Act of 1999"} | 1,294 | 464 | 0.665219 | 1.990194 | 0.790152 | 6.030588 | 2.84 | 0.957647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``On the Job Training Act''.
SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH
DEMONSTRATION PROJECTS.
(a) Modification of Numerical Limitation.--Subsection (a) of
section 305 of the Social Security Act (42 U.S.C. 505) is amended by
inserting ``per year'' after ``10 States''.
(b) Clarification of Application Requirements.--Subsection (b) of
such section 305 is amended--
(1) by inserting ``or his or her designee'' after ``The
Governor of any State''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for any waiver requested under subsection (c), a
statement describing--
``(A) the specific provision or provisions of law
for which such waiver is requested; and
``(B) the specific aspects of the project to which
such waiver would apply and the reasons why it is
needed;''.
(c) Extension of Eligible Time Period.--Subsection (d) of such
section 305 is amended--
(1) in paragraph (1), by striking ``may'' and all that
follows through the semicolon and inserting ``must be commenced
not later than December 31, 2017; and'';
(2) in paragraph (2)--
(A) by striking ``may not be approved'' and
inserting ``may not be conducted''; and
(B) by striking ``; and'' and inserting a period;
and
(3) by striking paragraph (3).
(d) Clarification of Demonstration Activities.--Subsection (e) of
such section 305 is amended--
(1) in paragraph (1), by striking ``for employer-provided
training, such as'' and inserting ``to employers or claimants
for employer-provided training or''; and
(2) in paragraph (2), by striking ``, not to exceed the
weekly benefit amount for each such individual, to pay part of
the cost of wages that exceed the unemployed individual's prior
benefit level'' and inserting ``that include disbursements
promoting retention''.
(e) Selection of Qualifying Applications on a First-Come, First-
Served Basis and Review of Cost Neutrality.--Subsection (f) of such
section 305 is amended to read as follows:
``(f) The Secretary of Labor shall, in the case of any State for
which an application is submitted under subsection (b)--
``(1) approve completed applications in the order of
receipt;
``(2) before approving an application, determine whether
the assurances that the demonstration project would not result
in any increased costs to the State's account in the
Unemployment Trust Fund required under subsection (b)(4) are
credible and disapprove any application that includes
assurances that are determined to not be credible;
``(3) notify the State as to whether such application has
been approved or denied within 30 days after receipt of a
complete application; and
``(4) provide public notice of the decision within 10 days
after providing notification to the State in accordance with
paragraph (3).
Public notice under paragraph (3) may be provided through the Internet
or other appropriate means. Any application under this section that has
not been denied within the 30-day period described in paragraph (3)
shall be deemed approved, and public notice of any approval under this
sentence shall be provided within 10 days thereafter.''.
(f) Termination of Demonstration Projects.--Subsection (g) of such
section 305 is amended to read as follows:
``(g) The Secretary of Labor may terminate a demonstration project
under this section if the Secretary--
``(1) determines that the State has violated the
substantive terms or conditions of the project;
``(2) notifies the State in writing with sufficient detail
describing the violation; and
``(3) determines that the State has not taken action to
correct the violation within 90 days after the notification.''.
(g) Funding for Administrative Costs.--Such section 305 is amended
by adding at the end the following new subsection:
``(i) In addition to the amounts described in subsection (h),
during the period of fiscal years 2015 through 2020 there is authorized
to be appropriated $6,000,000 to the Secretary of Labor for purposes of
making payments to States that have entered into agreements with the
Secretary to conduct demonstration projects under this section. A
payment to a State under this subsection--
``(1) shall be used by the State to administer a
demonstration project approved under this section;
``(2) shall remain available until expended; and
``(3) shall not exceed $200,000 for any fiscal year.''.
(h) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) Transition rule.--
(A) In general.--Nothing in this Act shall be
considered to terminate or otherwise affect any
demonstration project approved under section 305 of the
Social Security Act before the date of the enactment of
this Act.
(B) Original conditions continue to apply.--A
demonstration project described in subparagraph (A)
shall be conducted in the same manner as if subsections
(a) through (f) had not been enacted.
SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Section 305 of the Social Security Act (42 U.S.C.
505) is amended by adding at the end the following:
``(i) The Secretary of Labor shall conduct an impact evaluation of
each demonstration project conducted under this section, using existing
data sources to the extent possible and methodology appropriate to
determine the effects of the demonstration project, including on
individual skill levels, earnings, and employment retention.''.
(b) Cooperation by State.--Section 305(b) of the Social Security
Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is
further amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) a description of the manner in which the State will
determine the extent to which the goals and outcomes described
in paragraph (3) were achieved;
``(6) assurances that the State will cooperate, in a timely
manner, with the Secretary of Labor with respect to the impact
evaluation conducted under subsection (i); and''.
(c) Reporting.--Not later than 90 days after the end of fiscal year
2014 and each fiscal year thereafter, until the completion of the last
evaluation under section 305(i) of the Social Security Act, the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, a report
that includes a description of--
(1) the status of each demonstration project being carried
out under this section;
(2) the results of the evaluation completed during the
previous fiscal year; and
(3) the Secretary's plan for--
(A) disseminating the findings of the report to
appropriate State agencies; and
(B) incorporating the components of successful
demonstration projects that reduced benefit duration
and increased employment into Federal unemployment law.
(d) Public Dissemination.--In addition to the reporting
requirements under subparagraph (c), evaluation results shall be shared
broadly to inform policymakers, service providers, other partners, and
the public in order to promote wide use of successful strategies,
including by posting evaluation results on the Internet website of the
Department of Labor. | On the Job Training Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act, with respect to grants to states by the Secretary of Labor for reemployment demonstration projects, to allow grants to up to 10 states per year instead of a maximum of 10 states altogether. Allows a designee of a state governor, instead of only the governor, to apply for such a grant. Requires any project to be commenced by December 31, 2017. Allows direct disbursements under a project to employers who hire individuals receiving unemployment compensation to include disbursements promoting retention. Requires the Secretary of Labor to: (1) approve completed grant applications in the order of receipt; (2) determine, before approving an application, whether its assurances are credible that the project would not result in increased costs to the state's account in the Unemployment Trust Fund; and (3) disapprove any application making assurances determined not credible. Revises requirements for termination of a project to require the Secretary to: (1) notify a state in writing with sufficient detail describing any violation of the substantive terms or conditions of a project justifying its termination, and (2) determine that the state has not taken action to correct the violation within 90 days after notification. Authorizes appropriations for FY2015-FY2020 for additional payments to states for the administrative costs of demonstration projects. Directs the Secretary to evaluate the impact of each demonstration project, using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention. | {"src": "billsum_train", "title": "On the Job Training Act"} | 1,676 | 342 | 0.514227 | 1.609635 | 0.730952 | 2.953177 | 5.304348 | 0.87291 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Green Jobs and
Infrastructure Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM
Sec. 101. Clean technology manufacturing incentive program.
TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM
Sec. 201. Advanced technology vehicles manufacturing incentive program.
TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS
Sec. 301. Energy efficiency and conservation block grants.
TITLE IV--GREEN ENERGY JOBS
Sec. 401. Clean Energy Service Corps.
Sec. 402. Green jobs.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM
SEC. 101. CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM.
(a) Loans.--The Secretary shall provide loans to manufacturers to
help finance the cost of--
(1) reequipping, expanding, or establishing (including
applicable engineering costs) a manufacturing facility in the
United States to produce clean technology products and the
significant component parts of those products, including--
(A) wind turbines;
(B) solar energy products;
(C) fuel cells;
(D) advanced batteries and storage devices;
(E) biomass engines;
(F) geothermal equipment;
(G) ocean energy equipment;
(H) carbon capture and storage;
(I) energy efficiency products, including
appliances and products that are used to increase
energy efficiency by at least 30 percent over a
baseline product (and significant components of the
appliances and products), subject to the condition that
the parts shall be integral to the overall efficiency
of the end product; and
(J) products for retrofitting a manufacturing
facility to improve industrial processes and create
greater energy efficiency through the use of
technologies, including--
(i) combined heat and power systems;
(ii) natural gas pressure recovery;
(iii) advanced cogeneration;
(iv) gasification;
(v) anaerobic digestion; and
(vi) landfill gas recovery; and
(2) improving the energy-efficiency of the industrial
processes of the manufacturers other than through the
production of products and component parts described in
paragraph (1)(J).
(b) Period of Availability.--A loan under subsection (a) shall
apply to--
(1) facilities and equipment placed in service before
December 30, 2012; and
(2) clean technology retooling costs, retrofitting costs,
worker training costs, and other costs described in subsection
(a) incurred during the period beginning on the date of
enactment of this Act and ending on December 30, 2020.
(c) Direct Loan Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, subject to the availability of
appropriated funds, the Secretary shall carry out a program to
provide a total of not more than $50,000,000,000 in loans to
eligible individuals and entities (as determined by the
Secretary) for the costs of activities described in subsection
(a).
(2) Application.--An applicant for a loan under this
section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a written assurance that the
wages and benefits that will be provided to each individual
that is employed by the applicant (including a contractor or
subcontractor) in carrying out activities described in
subsection (a) are at least equal to the average in the area,
as determined by the Secretary.
(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this subsection
in cases in which, as determined by the Secretary, the loan
recipient--
(A) has a viable market for the product or
component described in subsection (a);
(B) will provide sufficient information to the
Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and
effectively;
(C) will provide such information as the Secretary
may request to demonstrate that the qualified
investment will preserve or create jobs; and
(D) has met such other criteria as may be
established and published by the Secretary.
(4) Rates, terms, and repayment of loans.--A loan provided
under this subsection--
(A) shall have an interest rate that, as of the
date on which the loan is made, is equal to the cost of
funds to the Department of the Treasury for obligations
of comparable maturity;
(B) shall have a term equal to the lesser of--
(i) the projected life, in years, of the
eligible project to be carried out using funds
from the loan, as determined by the Secretary;
and
(ii) 25 years;
(C) may be subject to a deferral in repayment for
not more than 5 years after the date on which the
eligible project carried out using funds from the loan
first begins operations, as determined by the
Secretary;
(D) shall be made by the Federal Financing Bank;
and
(E) shall be repaid in full if the loan recipient
moves production of activities described in subsection
(a) outside of the United States during the term of the
loan.
(5) Fees.--Administrative costs shall be no more than
$100,000 or 10 basis point of the loan.
(d) Priority.--In making loans to manufacturers under this section,
the Secretary--
(1) shall give priority to those facilities that are
located in regions with the highest unemployment rates; and
(2) may provide awards or loan to facilities that are idle.
(e) Manufacturing Extension Partnership Program.--In carrying out
this section, the Secretary shall coordinate with the Secretary of
Commerce in carrying out the Manufacturing Extension Partnership
program established under sections 25 and 26 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k, 278l).
(f) Funding.--
(1) In general.--Notwithstanding any other provision of
law, not later than 30 days after the date of enactment of this
Act, on October 1, 2009, and on each October 1 thereafter
through October 1, 2012, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary for the cost of loans and loan
guarantees to carry out this section such sums as are necessary
to provide the amount of loans authorized under subsection
(c)(1), to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM
SEC. 201. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) is amended--
(1) in subsection (b), by striking ``30 percent'' and
inserting ``80 percent''; and
(2) in subsection (i)--
(A) by striking ``(i) Authorization of
Appropriations.--There'' and inserting the following:
``(i) Funding.--
``(1) Authorization of appropriations.--There''; and
(B) by adding at the end the following:
``(2) Mandatory funding.--
``(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the date
of enactment of this paragraph, out of any funds in the
Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary for the
cost of awards and loans to carry out this section
$1,000,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.''.
TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS
SEC. 301. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS.
Section 548 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17158) is amended by striking subsection (a) and inserting the
following:
``(a) Mandatory Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of the Green Jobs and Infrastructure Act of 2009, on
October 1, 2009, and on each October 1 thereafter through
October 1, 2011, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out the program $10,000,000,000, to
remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
the program the funds transferred under paragraph (1), without
further appropriation.
``(3) Allocation of grants funds.--Of the amount of funds
made available for grants under the program for a fiscal year
under this subsection--
``(A) 49 percent of the amount shall be distributed
using the definition of eligible unit of local
government-alternative 1 in section 541(3)(A); and
``(B) 49 percent of the amount shall be distributed
using the definition of eligible unit of local
government-alternative 2 in section 541(3)(B).''.
TITLE IV--GREEN ENERGY JOBS
SEC. 401. CLEAN ENERGY SERVICE CORPS.
Section 122(a) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following:
``(15) A Clean Energy Service Corps program in which--
``(A) participants--
``(i) encourage or promote clean energy
technologies; or
``(ii) enable communities and nonprofit
organizations to assist business owners and
households in matters relating to clean energy
technologies, and in becoming more energy
efficient; and
``(B) priority is provided for programs that enroll
corps participants who will be trained for careers that
promote a sustainable economy.''.
SEC. 402. GREEN JOBS.
Section 171(e)(8) of the Workforce Investment Act of 1998 (29
U.S.C. 2916(e)(8)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately; and
(2) by striking ``(8)'' and all that follows through ``of
which--'' and inserting the following:
``(8) Funding.--
``(A) Mandatory funding.--
``(i) In general.--Not later than 30 days
after the date of enactment of the Green Jobs
and Infrastructure Act of 2009, out of any
funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
this subsection $625,000,000, to remain
available until expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
subsection the funds transferred under clause
(i), without further appropriation.
``(B) Discretionary funding.--There is authorized
to be appropriated to carry out this subsection
$125,000,000 for fiscal year 2010 and each subsequent
fiscal year.
``(C) Allocation.--Of the amount available under
subparagraph (A) or (B) for a fiscal year--''. | Green Jobs and Infrastructure Act of 2009 - Requires the Secretary of Energy (Secretary) to provide loans to manufacturers to help finance the cost of: (1) re-equipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products; and (2) improving the energy efficiency of the industrial processes of the manufacturers other than through the production of products and component parts. Applies such loans to: (1) facilities and equipment placed in service before December 30, 2012; and (2) costs that were incurred from this Act's enactment to December 30, 2020. Requires the Secretary to: (1) implement a program to provide up to $50 billion in loans to eligible individuals and entities for such costs; and (2) give priority to those facilities that are located in regions with the highest unemployment rates. Authorizes the Secretary to provide awards or loans to facilities that are idle.
Amends the Energy Independence and Security Act of 2007 to: (1) increase from 30% to 80% the portion of the manufacturing facility and engineering integration costs to be awarded under the advanced technology vehicles manufacturing incentive program; (2) require the Secretary of the Treasury to transfer $1 billion to carry out such program; and (3) require the Secretary of the Treasury to transfer $10 billion on October 1 of 2009, 2010, and 2011 to carry out the Energy Efficiency and Conservation Block Grants program (specifies how such funds are to be allocated).
Amends the National and Community Service Act of 1990 to include a Clean Energy Service Corps program among the types of national service programs eligible for assistance under such Act.
Amends the Workforce Investment Act to require the Secretary of the Treasury to transfer $625 million to carry out the energy efficiency and renewable energy worker training program. | {"src": "billsum_train", "title": "A bill to promote economic recovery through green jobs and infrastructure, and for other purposes."} | 2,711 | 374 | 0.628675 | 1.864153 | 0.851572 | 3.961957 | 6.584239 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Clinical Care Commission
Act''.
SEC. 2. NATIONAL CLINICAL CARE COMMISSION.
(a) Establishment.--There is hereby established, within the
Department of Health and Human Services, a National Clinical Care
Commission (in this section referred to as the ``Commission'') to
evaluate and make recommendations regarding improvements to the
coordination and leveraging of programs within the Department and other
Federal agencies related to awareness and clinical care for at least
one, but not more than two, complex metabolic or autoimmune diseases
resulting from issues related to insulin that represent a significant
disease burden in the United States, which may include complications
due to such diseases.
(b) Membership.--
(1) In general.--The Commission shall be composed of the
following voting members:
(A) The heads of the following Federal agencies and
departments, or their designees:
(i) The Centers for Medicare & Medicaid Services.
(ii) The Agency for Healthcare Research and Quality.
(iii) The Centers for Disease Control and Prevention.
(iv) The Indian Health Service.
(v) The Department of Veterans Affairs.
(vi) The National Institutes of Health.
(vii) The Food and Drug Administration.
(viii) The Health Resources and Services
Administration.
(ix) The Department of Defense.
(x) The Department of Agriculture.
(xi) The Office of Minority Health.
(B) Twelve additional voting members appointed under
paragraph (2).
(2) Additional members.--The Commission shall include
additional voting members, as may be appointed by the Secretary,
with expertise in the prevention, care, and epidemiology of any of
the diseases and complications described in subsection (a),
including one or more such members from each of the following
categories:
(A) Physician specialties, including clinical
endocrinologists, that play a role in the prevention or
treatment of diseases and complications described in subsection
(a).
(B) Primary care physicians.
(C) Non-physician health care professionals.
(D) Patient advocates.
(E) National experts, including public health experts, in
the duties listed under subsection (c).
(F) Health care providers furnishing services to a patient
population that consists of a high percentage (as specified by
the Secretary) of individuals who are enrolled in a State plan
under title XIX of the Social Security Act or who are not
covered under a health plan or health insurance coverage.
(3) Chairperson.--The members of the Commission shall select a
chairperson from the members appointed under paragraph (2).
(4) Meetings.--The Commission shall meet at least twice, and
not more than four times, a year.
(5) Vacancies.--A vacancy on the Commission shall be filled in
the same manner as the original appointments.
(c) Duties.--The Commission shall evaluate and make
recommendations, as appropriate, to the Secretary of Health and Human
Services and Congress regarding--
(1) Federal programs of the Department of Health and Human
Services that focus on preventing and reducing the incidence of the
diseases and complications described in subsection (a);
(2) current activities and gaps in Federal efforts to support
clinicians in providing integrated, high-quality care to
individuals with the diseases and complications described in
subsection (a);
(3) the improvement in, and improved coordination of, Federal
education and awareness activities related to the prevention and
treatment of the diseases and complications described in subsection
(a), which may include the utilization of new and existing
technologies;
(4) methods for outreach and dissemination of education and
awareness materials that--
(A) address the diseases and complications described in
subsection (a);
(B) are funded by the Federal Government; and
(C) are intended for health care professionals and the
public; and
(5) whether there are opportunities for consolidation of
inappropriately overlapping or duplicative Federal programs related
to the diseases and complications described in subsection (a).
(d) Operating Plan.--Not later than 90 days after its first
meeting, the Commission shall submit to the Secretary of Health and
Human Services and the Congress an operating plan for carrying out the
activities of the Commission as described in subsection (c). Such
operating plan may include--
(1) a list of specific activities that the Commission plans to
conduct for purposes of carrying out the duties described in each
of the paragraphs in subsection (c);
(2) a plan for completing the activities;
(3) a list of members of the Commission and other individuals
who are not members of the Commission who will need to be involved
to conduct such activities;
(4) an explanation of Federal agency involvement and
coordination needed to conduct such activities;
(5) a budget for conducting such activities; and
(6) other information that the Commission deems appropriate.
(e) Final Report.--By not later than 3 years after the date of the
Commission's first meeting, the Commission shall submit to the
Secretary of Health and Human Services and the Congress a final report
containing all of the findings and recommendations required by this
section.
(f) Sunset.--The Commission shall terminate 60 days after
submitting its final report, but not later than the end of fiscal year
2021.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 6, 2017. National Clinical Care Commission Act (Sec. 2) This bill establishes within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and make recommendations regarding improvements to the coordination and leveraging of federal programs related to complex metabolic or autoimmune diseases that result from issues related to insulin and represent a significant disease burden (e.g., diabetes). The commission must report on: (1) HHS programs that focus on prevention, (2) current activities and gaps in federal efforts to support clinicians in providing integrated care, (3) improvement in federal education and awareness activities related to prevention and treatment, (4) methods for outreach and dissemination of education and awareness materials, and (5) opportunities for consolidation of overlapping federal programs. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021. | {"src": "billsum_train", "title": "National Clinical Care Commission Act"} | 1,124 | 214 | 0.536183 | 1.651081 | 0.722287 | 3.781553 | 5.490291 | 0.878641 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Noncommercial Broadcasting Freedom
of Expression Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In the additional guidance contained in the Federal
Communication Commission's memorandum opinion and order in WQED
Pittsburgh (FCC 99-393), adopted December 15, 1999, and
released December 29, 1999, the Commission attempted to impose
content-based programming requirements on noncommercial
educational television broadcasters without the benefit of
notice and comment in a rulemaking proceeding.
(2) In doing so, the Commission did not adequately consider
the implications of its proposed guidelines on the rights of
such broadcasters under First Amendment and the Religious
Freedom Restoration Act.
(3) Noncommercial educational broadcasters should be
responsible for using the station to primarily serve an
educational, instructional, cultural, or religious purpose in
its community of license, and for making judgments about the
types of programming that serve those purposes.
(4) Religious programming contributes to serving the
educational and cultural needs of the public, and should be
treated by the Commission on a par with other educational and
cultural programming.
(5) Because noncommercial broadcasters are not permitted to
sell air time, they should not be required to provide free air
time to commercial entities or political candidates.
(6) The Commission should not engage in regulating the
content of speech broadcast by noncommercial educational
stations.
SEC. 3. CLARIFICATION OF SERVICE OBLIGATIONS OF NONCOMMERCIAL
EDUCATIONAL OR PUBLIC BROADCAST STATIONS.
(a) Service Conditions.--Section 309 of the Communications Act of
1934 (47 U.S.C. 309) is amended by adding at the end the following new
subsection:
``(m) Service Conditions on Noncommercial Educational and Public
Broadcast Stations.--
``(1) In general.--A nonprofit organization shall be
eligible to hold a noncommercial educational radio or
television license if the station is used primarily to
broadcast material that the organization determines serves an
educational, instructional, cultural, or religious purpose (or
any combination of such purposes) in the station's community of
license, unless that determination is arbitrary or
unreasonable.
``(2) Additional content-based requirements prohibited.--
The Commission shall not--
``(A) impose or enforce any quantitative
requirement on noncommercial educational radio or
television licenses based on the number of hours of
programming that serve educational, instructional,
cultural, or religious purposes; or
``(B) impose or enforce any other requirement on
the content of the programming broadcast by a licensee,
permittee, or applicant for a noncommercial educational
radio or television license that is not imposed and
enforced on a licensee, permittee, or applicant for a
commercial radio or television license, respectively.
``(3) Rules of construction.--Nothing in this subsection
shall be construed as affecting--
``(A) any obligation of noncommercial educational
television broadcast stations under the Children's
Television Act of 1990 (47 U.S.C. 303a, 303b); or
``(B) the requirements of section 396, 399, 399A,
and 399B of this Act.''.
(b) Political Broadcasting Exemption.--Section 312(a)(7) of the
Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended by
inserting ``, other than a noncommercial educational broadcast
station,'' after ``use of a broadcasting station''.
(c) Audit of Compliance With Donor Privacy Protection
Requirements.--Section 396(l)(3)(B)(ii) of the Communications Act of
1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended--
(1) in subclause (I), by inserting before the semicolon the
following: ``, and shall include a determination of the
compliance of the entity with the requirements of subsection
(k)(12)''; and
(2) in subclause (II), by inserting before the semicolon
the following: ``, except that such statement shall include a
statement regarding the extent of the compliance of the entity
with the requirements of subsection (k)(12)''.
(d) Implementation.--Consistent with the requirements of section 4
of this Act, the Federal Communications Commission shall amend sections
73.1930 through 73.1944 of its rules (47 CFR 73.1930-73.1944) to
provide that those sections do not apply to noncommercial educational
broadcast stations.
SEC. 4. RULEMAKING.
(a) Limitation.--After the date of the enactment of this Act, the
Federal Communications Commission shall not establish, expand, or
otherwise modify requirements relating to the service obligations of
noncommercial educational radio or television stations except by means
of agency rulemaking conducted in accordance with chapter 5 of title 5,
United States Code, and other applicable law (including the amendments
made by section 3).
(b) Rulemaking Deadline.--The Federal Communications Commission
shall prescribe such revisions to its regulations as may be necessary
to comply with the amendment made by section 3 within 270 days after
the date of the enactment of this Act.
Passed the House of Representatives June 20, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Prohibits the Federal Communications Commission (FCC) from: (1) imposing or enforcing any quantitative requirement on NCE licenses based on the number of hours of programming that serve such purposes; or (2) imposing or enforcing any other programming content requirement on an NCE license that is not imposed on a licensee, permittee, or applicant for a commercial radio or television license. Specifies that NCE licensees remain subject to applicable provisions of the Children's Television Act and the requirements of the Public Broadcasting Act.Exempts NCE stations from requirements to make broadcast stations accessible to political candidates and directs the FCC to amend its rules governing political broadcasting to provide that such rules do not apply to NCE stations.Requires each public telecommunications entity that receives funds from donors to undergo an annual audit (current law) which shall include a determination of such entity's compliance with donor privacy protection requirements.Prohibits the FCC from establishing, expanding, or otherwise modifying requirements relating to the service obligations of noncommercial educational radio or television stations except by means of agency rulemaking. | {"src": "billsum_train", "title": "Noncommercial Broadcasting Freedom of Expression Act of 2000"} | 1,203 | 253 | 0.496939 | 1.383263 | 0.914038 | 3 | 5.269036 | 0.807107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of State Sovereignty Act
of 2011''.
SEC. 2. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT EXPRESSLY
WAIVE.
(a) Retention of Rights and Authorities.--No officer, employee, or
other authority of the Federal Government shall enforce against an
authority of a State, nor shall any authority of a State have any
obligation to obey, any requirement imposed as a condition of receiving
Federal financial assistance under a grant program established under
Federal law, nor shall such program operate within a State, unless the
legislature of that State shall have by law expressly approved that
program and, in doing so, have waived the State's rights and
authorities to act inconsistently with any requirement that might be
imposed by the Federal Government as a condition of receiving that
assistance.
(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the Federal
Government may release Federal financial assistance under a grant
program established under Federal law to a State only after the
legislature of the State has by law expressly approved the program (as
described in subsection (a)) or amended the requirements imposed by the
Federal Government as conditions of receiving that assistance. In the
case of amendments made by a State pursuant to the preceding sentence,
such an officer, employee, or other authority may not release such
Federal financial assistance to the extent that any such amendments are
inconsistent with the Federal law under which the assistance is
provided.
(c) Exceptions for Certain Grant Programs.--Subsections (a) and (b)
shall not apply with respect to any grant program under either of the
following:
(1) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(2) Title 38, United States Code.
(d) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature--
(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under Federal law during the most
recent year in which the State legislature did not meet, the
State may by law expressly disapprove the grant program, and,
if such disapproval occurs, an officer, employee, or other
authority of the Federal Government may not release any
additional Federal financial assistance to the State under that
grant program.
(e) Definition of State Authority.--As used in this section, the
term ``authority of a State'' includes any administering agency of the
State, any officer or employee of the State, and any local government
authority of the State.
(f) Effective Date.--This section applies in each State beginning
on the 90th day after the end of the first regular session of the
legislature of that State that begins 5 years after the date of the
enactment of this Act and shall continue to apply in subsequent years
until otherwise provided by law.
SEC. 3. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
(a) Statement of Excess Grant Funds.--Upon the determination of an
officer, employee, or other authority of the Federal Government under
section 2(b) that Federal financial assistance under a grant program
may not be released to a State for a fiscal year, the officer,
employee, or other authority shall prepare a statement of the
determination and the amount of excess grant funds involved, provide
the statement to the Director of the Office of Management and Budget,
and include the statement on the official public Internet website of
the Federal department or agency involved.
(b) Rescission of Excess Grant Funds.--Upon the receipt of a
statement under subsection (a) by the Director of the Office of
Management and Budget, the amount involved shall be rescinded from the
funds made available for the grant program in the applicable
appropriation Act for the fiscal year. All such rescinded amounts shall
be used only for reducing the deficit in the budget of the Government
for that fiscal year.
(c) OMB Annual Report.--Within 30 days after the end of each fiscal
year, the Director of the Office of Management and Budget shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate, and include on its official public Internet website, a
report specifying the total amount of rescissions made during the
fiscal year under subsection (b) and delineating the rescissions by
appropriation Acts, accounts, and programs, projects, and activities.
(d) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature, any statement required
under subsection (a) shall be prepared only with respect to a fiscal
year during which the State legislature meets.
SEC. 4. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
In this Act, the term ``State with a biennial legislature'' means a
State the legislature of which meets every other year. | Restoration of State Sovereignty Act of 2011 - Provides that no federal authority shall enforce against any state authority, nor shall any state authority have any obligation to obey, any requirement imposed as a condition of receiving federal financial assistance under a federal grant program, nor shall such program operate within a state, unless the legislature of that state has expressly approved that program and, in doing so, waived the state's rights and authorities to act inconsistently with any requirement that might be imposed by the federal government as a condition of receiving that assistance. Authorizes a federal authority to release financial assistance under a federal grant program to a state only after the state's legislature has expressly approved the program or amended the requirements imposed by the federal government as conditions of receiving such assistance, provided such amendments are consistent with the federal law under which the assistance is provided. Excepts any grant program under the Individuals with Disabilities Education Act or Title 38 of the United States Code (Veterans Benefits).
Requires a federal authority, upon determining that assistance under a federal grant program may not be released to a state for a fiscal year, to: (1) prepare a statement of the determination and the amount of excess grant funds involved, (2) provide such statement to the Director of the Office of Management and Budget (OMB), and (3) include the statement on the official public website of the federal agency involved. Requires that such amount be rescinded from funds made available for the grant program and used only for reducing the budget deficit. Requires the Director to report on the total amount of such rescissions made each fiscal year, delineated by appropriation Acts, accounts, and programs, projects, and activities.
Makes this Act inapplicable to states with a legislature that meets every other year (biennial legislature) for the year in which the legislature does not meet. | {"src": "billsum_train", "title": "To restore State sovereignty, and to dedicate excess grant funds to deficit reduction."} | 1,170 | 421 | 0.711591 | 2.326478 | 0.803252 | 5.353933 | 2.912921 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prekindergarten-Oriented
Professional Support Act of 2005''.
SEC. 2. GRANTS FOR HIRING AND TRAINING ELIGIBLE PREKINDERGARTEN
TEACHERS.
(a) Grants.--The Secretary of Education, in consultation with the
Secretary of Health and Human Services, may make grants to States and
local educational agencies to pay all or a portion of the salaries,
benefits, and training costs of new eligible prekindergarten teachers
for the purposes of--
(1) increasing the number of such teachers; and
(2) expanding children's access to free or affordable,
high-quality, early education.
(b) Use of Funds.--The Secretary shall require each applicant for a
grant under this section to agree to use the grant to pay all or a
portion of the salaries, benefits, and training costs of new eligible
prekindergarten teachers to serve at eligible prekindergarten providers
described in subsection (c).
(c) Eligible Prekindergarten Providers.--An eligible
prekindergarten provider described in this paragraph is a State, local,
or private non-profit or for-profit prekindergarten provider that--
(1) is a high-quality, prekindergarten provider meeting the
standards issued by the Secretary under subsection (d);
(2) is serving a significant percentage of low-income
children; and
(3) if the provider is a private, tuition-based provider,
agrees to adjust tuition standards or take other appropriate
measures to ensure that not less than 50 percent of the
children to be served through the provider by new eligible
prekindergarten teachers under this section will be low-income
children.
(d) Standards for High-Quality, Prekindergarten Providers.--
(1) Standards.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue standards
to determine whether a prekindergarten provider is a high-
quality, prekindergarten provider.
(2) Criteria.--In issuing standards under this subsection,
the Secretary shall take into consideration the following
criteria:
(A) Administration.
(B) Support services.
(C) Health, safety, and nutrition.
(D) Parental involvement.
(E) Teacher training.
(F) Teacher-to-student ratio.
(G) Curriculum, including pre-literacy, pre-
numeracy, emotion regulation, and behavioral skills
training.
(3) Relation to standards under head start act.--Any
standards issued by the Secretary under this subsection shall
be consistent with or in addition to any standards applicable
to prekindergarten providers under the Head Start Act (42
U.S.C. 9831 et seq.).
(e) Additional Requirements.--The Secretary shall require each
applicant for a grant under this section to comply with the following:
(1) Lead agency.--The chief executive officer of the State
or local educational agency applying for the grant must
designate an agency (which may be an appropriate collaborative
agency) or establish a joint interagency office to serve as the
lead agency for administering the grant.
(2) Coordination.--The applicant must have a mechanism in
place to coordinate the applicant's activities under the grant
with other programs in order to ensure the effective and
efficient use of all available resources to meet early
childhood and family needs.
(3) Matching funds.--
(A) In general.--With respect to the costs of the
program to be carried out through a grant under this
section, a condition for the receipt of the grant is
that the applicant agree to make available (directly or
through donations from public or private entities) non-
Federal contributions toward such costs in an amount
that is not less than 25 percent of such costs.
(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
non-Federal contributions.
(C) Waiver.--The Secretary may waive the
requirements of this paragraph in whole or in part with
respect to any grantee for any fiscal year if the
Secretary determines that such a waiver would be
equitable due to lack of available financial resources.
(4) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to support early
childhood programs.
(f) Application.--
(1) In general.--To seek a grant under this section, a
State or local educational agency shall submit an application
to the Secretary at such time, in such form and manner, and
containing such information as the Secretary may reasonably
require.
(2) Contents.--At a minimum, an application under this
subsection shall include a description of--
(A) the applicant's need for expanded access to
high-quality, early childhood education; and
(B) the applicant's ability to use resources
efficiently and effectively to address such need.
(g) Priority.--In making grants under this section, the Secretary
shall give priority to States and local educational agencies that
demonstrate the greatest need for increased access to high-quality,
early childhood education.
(h) Monitoring; Reports.--The Secretary shall--
(1) require each recipient of a grant under this section to
monitor and report to the Secretary on the progress achieved
through the grant; and
(2) submit an annual report to the Congress on the progress
of grantees under this section.
SEC. 3. GRANTS FOR INCREASING RETENTION OF PREKINDERGARTEN TEACHERS.
(a) Grants.--The Secretary of Education, in consultation with the
Secretary of Health and Human Services, may make grants to States and
local educational agencies to increase retention of prekindergarten
teachers by establishing a career ladder described in subsection (b)
for such teachers.
(b) Career Ladder.--A career ladder described in this subsection--
(1) shall provide incentives for prekindergarten teachers
to obtain additional training and education, such as by
obtaining certification, an associate's degree, a bachelor's
degree, or other recognition of higher education; and
(2) shall not undermine the valuable contributions of
prekindergarten teachers lacking formal education, but having a
wealth of early childhood experience.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``eligible prekindergarten teacher'' means an
individual who has, or is currently enrolled in classes to
obtain, a Bachelor of Arts degree in early childhood
development.
(2) The terms ``local educational agency'' and ``State''
have the meanings given to those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``low-income child'' means a child from a
family with an income below 200 percent of the poverty line.
(4) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the size
involved.
(5) The term ``prekindergarten'' means a program serving
children 3, 4, and 5 years of age that requires teachers to
equip such children with the pre-literacy, pre-numeracy emotion
regulation, and behavioral skills required for school success.
(6) The term ``Secretary'' means the Secretary of
Education.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there is authorized to be appropriated
$50,000,000 for each of fiscal years 2006 through 2010. | Prekindergarten-Oriented Professional Support Act of 2005 - Authorizes the Secretary of Education to make grants to states and local educational agencies to: (1) pay all or a portion of the salaries, benefits, and training costs of new prekindergarten teachers at prekindergarten providers; and (2) increase retention of prekindergarten teachers by establishing a career ladder for them.
Makes high-quality state, local, or private nonprofit or for-profit prekindergarten providers eligible for the new teacher program if they: (1) meet standards issued by the Secretary; (2) serve a significant percentage of low-income children; and (3) if private and tuition-based, agree to ensure that at least one-half of the children served by new teachers will be low-income. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to States and local educational agencies for hiring and training prekindergarten teachers."} | 1,703 | 162 | 0.767238 | 2.140081 | 0.785739 | 3.626667 | 10.473333 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crane Tithe Tax Act of 1993''.
SEC. 2. REPEAL OF TAXATION OF CORPORATIONS.
The following provisions of the Internal Revenue Code of 1986 are
hereby repealed:
(1) section 11 (relating to corporate income tax),
(2) section 55 (relating to alternative minimum tax)
insofar as it applies to corporations,
(3) section 511 (relating to unrelated business income
tax),
(4) section 531 (relating to accumulated earnings tax),
(5) section 541 (relating to personal holding company tax),
(6) section 594 (relating to alternative tax for certain
mutual savings banks),
(7) section 801 (relating to tax imposed on life insurance
companies),
(8) section 821 (relating to tax imposed on certain mutual
insurance companies),
(9) section 831 (relating to tax on certain other insurance
companies),
(10) section 852 (relating to tax on regulated investment
companies),
(11) section 857 (relating to tax on real estate investment
trusts), and
(12) section 882 (relating to tax on income of foreign
corporations connected with United States business).
SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS.
Section 1 of the Internal Revenue Code of 1986 (relating to tax
imposed on individuals) is amended to read as follows:
``SECTION 1. TAX IMPOSED.
``(a) In General.--There is hereby imposed on the income of every
individual a tax equal to 10 percent of the excess of the earned income
of such individual for the taxable year over the exemption amount for
such year.
``(b) Definitions.--For purposes of this section--
``(1) Exemption amount.--
``(A) In general.--The term `exemption amount'
means, for any taxable year, $10,000 increased (for
taxable years beginning after December 31, 1993) by an
amount equal to $10,000 multiplied by the cost-of-
living adjustment for the calendar year in which the
taxable year begins.
``(B) Cost-of-living adjustment.--For purposes of
this paragraph--
``(i) In general.--The cost-of-living
adjustment for any calendar year is the
percentage (if any) by which--
``(I) the CPI for October of the
preceding calendar year, exceeds
``(II) the CPI for October of 1992.
``(ii) CPI.--The term `CPI' means the last
Consumer Price Index for all-urban consumers
published by the Department of Labor.
``(C) Rounding.--If the increase determined under
this paragraph is not a multiple of $10, such increase
shall be rounded to the nearest multiple of $10 (or if
such increase is a multiple of $5, such increase shall
be increased to the next highest multiple of $10).
``(2) Earned income.--
``(A) In general.--Except as provided in
subparagraph (B), the term `earned income' means--
``(i) wages, salaries, and other employee
compensation,
``(ii) the amount of the taxpayer's net
earnings from self-employment for the taxable
year, and
``(iii) the amount of dividends which are
from a personal service corporation or which
are otherwise directly or indirectly
compensation for services.
``(B) Exceptions.--The term `earned income' does
not include--
``(i) any amount received as a pension or
annuity, or
``(ii) any tip unless the amount of the tip
is not within the discretion of the service-
recipient.
``(C) Fringe benefits valued at employer cost.--The
amount of any fringe benefit which is included as
earned income shall be the cost to the employer of such
benefit.''
SEC. 4. AMNESTY FOR ALL PRIOR TAX LIABILITY.
(a) In General.--No person shall be liable for any tax imposed by
chapter 1 of the Internal Revenue Code of 1986 (or for penalties and
interest with respect to such tax) for any taxable year ending on or
before January 1992.
(b) Exceptions.--
(1) Amounts paid.--Subsection (a) shall not apply to
amounts paid before the date of the enactment of this Act.
(2) Tax attributable to illegal activities.--Subsection (a)
shall not apply to any tax (including penalties and interest
with respect to such tax) attributable to any business activity
which is in violation of any Federal, State, or local law.
SEC. 5. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM
INCOME FOR INDIVIDUALS.
Chapter 1 of the Internal Revenue Code of 1986 is amended by
striking out all specific exclusions from gross income, all deductions,
and all credits against income tax to the extent related to the
computation of individual income tax liability.
SEC. 6. REPEAL OF ESTATE AND GIFT TAXES.
Subtitle B of the Internal Revenue Code of 1986 (relating to
estate, gift, and generation-skipping taxes) is hereby repealed.
SEC. 7. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to taxable years beginning
after the date of the enactment of this Act.
(b) Repeal of Estate and Gift Taxes.--The repeal made by section 6
shall apply to estates of decedents dying, and transfers made, after
the date of the enactment of this Act.
(c) Technical and Conforming Changes.--The Secretary of the
Treasury or his delegate shall, as soon as practicable but in any event
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives a draft of any technical and conforming changes in the
Internal Revenue Code of 1986 which are necessary to reflect throughout
such Code the changes in the substantive provisions of law made by this
Act. | Crane Tithe Tax Act of 1993 - Amends the Internal Revenue Code to repeal the following taxes: (1) the corporate income tax; (2) the alternative minimum tax as it applies to corporations; (3) the tax on the unrelated business income of tax-exempt organizations; (4) the tax on the accumulated earnings of certain corporations; (5) the tax applied to personal holding companies; (6) the alternative tax for certain mutual savings banks; (7) income taxes imposed on insurance companies, regulated investment companies, and real estate investment trusts; and (8) the tax on the income of foreign corporations connected with U.S. business.
Revises the individual income tax to impose a ten percent tax on an individual's earned income that exceeds $10,000 (adjusted annually based on the Consumer Price Index). Includes as earned income: (1) wages, salaries, and other employee compensation; (2) net earnings from self-employment; and (3) dividends from a personal service corporation or other direct or indirect compensation for services. Exempts tips and amounts received as a pension or annuity.
Declares tax amnesty with respect to income tax liability and associated penalties and interest for pre-1992 taxable years.
Repeals all tax exclusions, tax deductions, and tax credits currently used to determine individual income tax liability.
Repeals the estate tax, the gift tax, and the tax on certain generation-skipping transfers. | {"src": "billsum_train", "title": "Crane Tithe Tax Act of 1993"} | 1,380 | 306 | 0.580141 | 1.705395 | 0.742146 | 2.312057 | 4.429078 | 0.865248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wekiva Wild and Scenic River Act of
2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Public Law 104-311 (110 Stat. 3818) amended section 5 of
the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require the
study of the Wekiva River and its tributaries of Rock Springs Run
and Seminole Creek for potential inclusion in the national wild and
scenic rivers system.
(2) The study determined that the Wekiva River, Wekiwa Springs
Run, Rock Springs Run, and Black Water Creek are eligible for
inclusion in the national wild and scenic rivers system.
(3) The State of Florida has demonstrated its commitment to
protecting these rivers and streams by the enactment of the Wekiva
River Protection Act (Florida Statute chapter 369), by the
establishment of a riparian wildlife protection zone and water
quality protection zone by the St. Johns River Water Management
District, and by the acquisition of lands adjacent to these rivers
and streams for conservation purposes.
(4) The Florida counties of Lake, Seminole, and Orange have
demonstrated their commitment to protect these rivers and streams
in their comprehensive land use plans and land development
regulations.
(5) The desire for designation of these rivers and streams as
components of the national wild and scenic rivers system has been
demonstrated through strong public support, State and local agency
support, and the endorsement of designation by the Wekiva River
Basin Ecosystem Working Group, which represents a broad cross
section of State and local agencies, landowners, environmentalists,
nonprofit organizations, and recreational users.
(6) The entire lengths of the Wekiva River, Rock Springs Run,
and Black Water Creek are held in public ownership or conservation
easements or are defined as waters of the State of Florida.
SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA, AS
COMPONENTS OF NATIONAL WILD AND SCENIC RIVERS SYSTEM.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``(161) Wekiva River, Wekiwa Springs Run, Rock Springs Run, and
Black Water Creek, Florida.--The 41.6-mile segments referred to in this
paragraph, to be administered by the Secretary of the Interior:
``(A) Wekiva river and wekiwa springs run.--The 14.9 miles of
the Wekiva River, along Wekiwa Springs Run from its confluence with
the St. Johns River to Wekiwa Springs, to be administered in the
following classifications:
``(i) From the confluence with the St. Johns River to the
southern boundary of the Lower Wekiva River State Preserve,
approximately 4.4 miles, as a wild river.
``(ii) From the southern boundary of the Lower Wekiva River
State Preserve to the northern boundary of Rock Springs State
Reserve at the Wekiva River, approximately 3.4 miles, as a
recreational river.
``(iii) From the northern boundary of Rock Springs State
Reserve at the Wekiva River to the southern boundary of Rock
Springs State Reserve at the Wekiva River, approximately 5.9
miles, as a wild river.
``(iv) From the southern boundary of Rock Springs State
Reserve at the Wekiva River upstream along Wekiwa Springs Run
to Wekiwa Springs, approximately 1.2 miles, as a recreational
river.
``(B) Rock springs run.--The 8.8 miles from the confluence of
Rock Springs Run with the Wekiwa Springs Run forming the Wekiva
River to its headwaters at Rock Springs, to be administered in the
following classifications:
``(i) From the confluence with Wekiwa Springs Run to the
western boundary of Rock Springs Run State Reserve at Rock
Springs Run, approximately 6.9 miles, as a wild river.
``(ii) From the western boundary of Rock Springs Run State
Reserve at Rock Springs Run to Rock Springs, approximately 1.9
miles, as a recreational river.
``(C) Black water creek.--The 17.9 miles from the confluence of
Black Water Creek with the Wekiva River to outflow from Lake
Norris, to be administered in the following classifications:
``(i) From the confluence with the Wekiva River to
approximately .25 mile downstream of the Seminole State Forest
road crossing, approximately 4.1 miles, as a wild river.
``(ii) From approximately .25 mile downstream of the
Seminole State Forest road to approximately .25 mile upstream
of the Seminole State Forest road crossing, approximately .5
mile, as a scenic river.
``(iii) From approximately .25 mile upstream of the
Seminole State Forest road crossing to approximately .25 mile
downstream of the old railroad grade crossing (approximately
River Mile 9), approximately 4.4 miles, as a wild river.
``(iv) From approximately .25 mile downstream of the old
railroad grade crossing (approximately River Mile 9), upstream
to the boundary of Seminole State Forest (approximately River
Mile 10.6), approximately 1.6 miles, as a scenic river.
``(v) From the boundary of Seminole State Forest
(approximately River Mile 10.6) to approximately .25 mile
downstream of the State Road 44 crossing, approximately .9
mile, as a wild river.
``(vi) From approximately .25 mile downstream of State Road
44 to approximately .25 mile upstream of the State Road 44A
crossing, approximately .6 mile, as a recreational river.
``(vii) From approximately .25 mile upstream of the State
Road 44A crossing to approximately .25 mile downstream of the
Lake Norris Road crossing, approximately 4.7 miles, as a wild
river.
``(viii) From approximately .25 mile downstream of the Lake
Norris Road crossing to the outflow from Lake Norris,
approximately 1.1 miles, as a recreational river.''.
SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND
TRIBUTARIES.
(a) Definitions.--In this section and section 5:
(1) Wekiva river system.--The term ``Wekiva River system''
means the segments of the Wekiva River, Wekiwa Springs Run, Rock
Springs Run, and Black Water Creek in the State of Florida
designated as components of the national wild and scenic rivers
system by paragraph (161) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)), as added by this Act.
(2) Committee.--The term ``Committee'' means the Wekiva River
System Advisory Management Committee established pursuant to
section 5.
(3) Comprehensive management plan.--The terms ``comprehensive
management plan'' and ``plan'' mean the comprehensive management
plan to be developed pursuant to section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Cooperative Agreements.--
(1) Use authorized.--In order to provide for the long-term
protection, preservation, and enhancement of the Wekiva River
system, the Secretary shall offer to enter into cooperative
agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of
Florida, appropriate local political jurisdictions of the State,
namely the counties of Lake, Orange, and Seminole, and appropriate
local planning and environmental organizations.
(2) Effect of agreement.--Administration by the Secretary of
the Wekiva River system through the use of cooperative agreements
shall not constitute National Park Service administration of the
Wekiva River system for purposes of section 10(c) of such Act (10
U.S.C. 1281(c)) and shall not cause the Wekiva River system to be
considered as being a unit of the National Park System. Publicly
owned lands within the boundaries of the Wekiva River system shall
continue to be managed by the agency having jurisdiction over the
lands, in accordance with the statutory authority and mission of
the agency.
(c) Compliance Review.--After completion of the comprehensive
management plan, the Secretary shall biennially review compliance with
the plan and shall promptly report to the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate any deviation from the plan that could result
in any diminution of the values for which the Wekiva River system was
designated as a component of the national wild and scenic rivers
system.
(d) Technical Assistance and Other Support.--The Secretary may
provide technical assistance, staff support, and funding to assist in
the development and implementation of the comprehensive management
plan.
(e) Limitation on Federal Support.--Nothing in this section shall
be construed to authorize funding for land acquisition, facility
development, or operations.
SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.
(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Wekiva River System Advisory Management
Committee, to assist in the development of the comprehensive management
plan for the Wekiva River system.
(b) Membership.--The Committee shall be composed of a
representative of each of the following agencies and organizations:
(1) The Department of the Interior, represented by the Director
of the National Park Service or the Director's designee.
(2) The East Central Florida Regional Planning Council.
(3) The Florida Department of Environmental Protection,
Division of Recreation and Parks.
(4) The Florida Department of Environmental Protection, Wekiva
River Aquatic Preserve.
(5) The Florida Department of Agriculture and Consumer
Services, Division of Forestry, Seminole State Forest.
(6) The Florida Audubon Society.
(7) The nonprofit organization known as the Friends of the
Wekiva.
(8) The Lake County Water Authority.
(9) The Lake County Planning Department.
(10) The Orange County Parks and Recreation Department, Kelly
Park.
(11) The Seminole County Planning Department.
(12) The St. Johns River Water Management District.
(13) The Florida Fish and Wildlife Conservation Commission.
(14) The City of Altamonte Springs.
(15) The City of Longwood.
(16) The City of Apopka.
(17) The Florida Farm Bureau Federation.
(18) The Florida Forestry Association.
(c) Additional Members.--Other interested parties may be added to
the Committee by request to the Secretary and unanimous consent of the
existing members.
(d) Appointment.--Representatives and alternates to the Committee
shall be appointed as follows:
(1) State agency representatives, by the head of the agency.
(2) County representatives, by the Boards of County
Commissioners.
(3) Water management district, by the Governing Board.
(4) Department of the Interior representative, by the Southeast
Regional Director, National Park Service.
(5) East Central Florida Regional Planning Council, by
Governing Board.
(6) Other organizations, by the Southeast Regional Director,
National Park Service.
(e) Role of Committee.--The Committee shall assist in the
development of the comprehensive management plan for the Wekiva River
system and provide advice to the Secretary in carrying out the
management responsibilities of the Secretary under this Act. The
Committee shall have an advisory role only, it will not have regulatory
or land acquisition authority.
(f) Voting and Committee Procedures.--Each member agency, agency
division, or organization referred to in subsection (b) shall have one
vote and provide one member and one alternate. Committee decisions and
actions will be made with consent of three-fourths of all voting
members. Additional necessary Committee procedures shall be developed
as part of the comprehensive management plan.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and paragraph (161) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Interior to offer to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva river system. Declares that use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands.
Requires the Secretary to establish the Wekiva River System Advisory Management Committee to assist in the development of the comprehensive management plan required by the Act for the system. Authorizes appropriations. | {"src": "billsum_train", "title": "Wekiva Wild and Scenic River Act of 2000"} | 2,786 | 168 | 0.575086 | 1.705835 | 0.615782 | 5 | 17.304965 | 0.957447 |
SECTION 1. EXPANSION OF WILD ROGUE WILDERNESS AREA.
(a) Expansion.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain Federal land managed by the Bureau of Land
Management, comprising approximately 58,100 acres, as generally
depicted on the map entitled ``Wild Rogue'', dated September 16, 2010,
are hereby included in the Wild Rogue Wilderness, a component of the
National Wilderness Preservation System.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall file
a map and a legal description of the wilderness area designated
by this section, with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration.--Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary of the Interior in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this section is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.
(a) Amendments.--Section 3(a)(5) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is amended
by adding at the end the following:
``In addition to the segment described in the previous
sentence, the following segments in the Rogue River area are
designated:
``(A) Kelsey creek.--The approximately 4.8 miles of
Kelsey Creek from east section line of T32S, R9W, sec.
34, W.M. to the confluence with the Rogue River as a
wild river.
``(B) East fork kelsey creek.--The approximately
4.6 miles of East Fork Kelsey Creek from the Wild Rogue
Wilderness boundary in T33S, R8W, sec. 5, W.M. to the
confluence with Kelsey Creek as a wild river.
``(C) Whisky creek.--
``(i) The approximately 0.6 miles of Whisky
Creek from the confluence of the East Fork and
West Fork to 0.1 miles downstream from road 33-
8-23 as a recreational river.
``(ii) The approximately 1.9 miles of
Whisky Creek from 0.1 miles downstream from
road 33-8-23 to the confluence with the Rogue
River as a wild river.
``(D) East fork whisky creek.--
``(i) The approximately 2.8 miles of East
Fork Whisky Creek from the Wild Rogue
Wilderness boundary in T33S, R8W, sec. 11, W.M.
to 0.1 miles downstream of road 33-8-26
crossing as a wild river.
``(ii) The approximately .3 miles of East
Fork Whisky Creek from 0.1 miles downstream of
road 33-8-26 to the confluence with Whisky
Creek as a recreational river.
``(E) West fork whisky creek.--The approximately
4.8 miles of West Fork Whisky Creek from its headwaters
to the confluence with Whisky Creek as a wild river.
``(F) Big windy creek.--
``(i) The approximately 1.5 miles of Big
Windy Creek from its headwaters to 0.1 miles
downstream from road 34-9-17.1 as a scenic
river.
``(ii) The approximately 5.8 miles of Big
Windy Creek from 0.1 miles downstream from road
34-9-17.1 to the confluence with the Rogue
River as a wild river.
``(G) East fork big windy creek.--
``(i) The approximately 0.2 miles of East
Fork Big Windy Creek from its headwaters to 0.1
miles downstream from road 34-8-36 as a scenic
river.
``(ii) The approximately 3.7 miles of East
Fork Big Windy Creek from 0.1 miles downstream
from road 34-8-36 to the confluence with Big
Windy Creek as a wild river.
``(H) Little windy creek.--The approximately 1.9
miles of Little Windy Creek from 0.1 miles downstream
of road 34-8-36 to the confluence with the Rogue River
as a wild river.
``(I) Howard creek.--
``(i) The approximately 0.3 miles of Howard
Creek from its headwaters to 0.1 miles
downstream of road 34-9-34 as a scenic river.
``(ii) The approximately 6.9 miles of
Howard Creek from 0.1 miles downstream of road
34-9-34 to the confluence with the Rogue River
as a wild river.
``(J) Mule creek.--The approximately 6.3 miles of
Mule Creek from east section line of T32S, R10W, sec.
25, W.M to the confluence with the Rogue River as a
wild river.
``(K) Anna creek.--The approximately 3.5-mile
section of Anna Creek from its headwaters to the
confluence with Howard Creek as a wild river.
``(L) Missouri creek.--The approximately 1.6 miles
of Missouri Creek from the Wild Rogue Wilderness
boundary in T33S, R10W, sec. 24, W.M. to the confluence
with the Rogue River as a wild river.
``(M) Jenny creek.--The approximately 1.8 miles of
Jenny Creek from the Wild Rogue Wilderness boundary in
T33S, R9W, sec.28, W.M. to the confluence with the
Rogue River as a wild river.
``(N) Rum creek.--The approximately 2.2 miles of
Rum Creek from the Wild Rogue Wilderness boundary in
T34S, R8W, sec. 9, W.M. to the confluence with the
Rogue River as a wild river.
``(O) East fork rum creek.--The approximately 1.5
miles of East Rum Creek from the Wild Rogue Wilderness
boundary in T34S, R8W, sec. 10, W.M. to the confluence
with Rum Creek as a wild river.
``(P) Wildcat creek.--The approximately 1.7-mile
section of Wildcat Creek from its headwaters downstream
to the confluence with the Rogue River as a wild river.
``(Q) Montgomery creek.--The approximately 1.8-mile
section of Montgomery Creek from its headwaters
downstream to the confluence with the Rogue River as a
wild river.
``(R) Hewitt creek.--The approximately 1.2 miles of
Hewitt Creek from the Wild Rogue Wilderness boundary in
T33S, R9W, sec. 19, W.M. to the confluence with the
Rogue River as a wild river.
``(S) Bunker creek.--The approximately 6.6 miles of
Bunker Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(T) Dulog creek.--
``(i) The approximately 0.8 miles of Dulog
Creek from its headwaters to 0.1 miles
downstream of road 34-8-36 as a scenic river.
``(ii) The approximately 1.0 miles of Dulog
Creek from 0.1 miles downstream of road 34-8-36
to the confluence with the Rogue River as a
wild river.
``(U) Quail creek.--The approximately 1.7 miles of
Quail Creek from the Wild Rogue Wilderness boundary in
T33S, R10W, sec. 1, W.M. to the confluence with the
Rogue River as a wild river.
``(V) Meadow creek.--The approximately 4.1 miles of
Meadow Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(W) Russian creek.--The approximately 2.5 miles
of Russian Creek from the Wild Rogue Wilderness
boundary in T33S, R8W, sec. 20, W.M. to the confluence
with the Rogue River as a wild river.
``(X) Alder creek.--The approximately 1.2 miles of
Alder Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(Y) Booze creek.--The approximately 1.5 miles of
Booze Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(Z) Bronco creek.--The approximately 1.8 miles of
Bronco Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(AA) Copsey creek.--The approximately 1.5 miles
of Copsey Creek from its headwaters to the confluence
with the Rogue River as a wild river.
``(BB) Corral creek.--The approximately 0.5 miles
of Corral Creek from its headwaters to the confluence
with the Rogue River as a wild river.
``(CC) Cowley creek.--The approximately 0.9 miles
of Cowley Creek from its headwaters to the confluence
with the Rogue River as a wild river.
``(DD) Ditch creek.--The approximately 1.8 miles of
Ditch Creek from the Wild Rogue Wilderness boundary in
T33S, R9W, sec. 5, W.M. to its confluence with the
Rogue River as a wild river.
``(EE) Francis creek.--The approximately 0.9 miles
of Francis Creek from its headwaters to the confluence
with the Rogue River as a wild river.
``(FF) Long gulch.--The approximately 1.1 miles of
Long Gulch from the Wild Rogue Wilderness boundary in
T33S, R10W, sec. 23, W.M. to the confluence with the
Rogue River as a wild river.
``(GG) Bailey creek.--The approximately 1.7 miles
of Bailey Creek from the west section line of T34S,
R8W, sec.14, W.M. to the confluence of the Rogue River
as a wild river.
``(HH) Shady creek.--The approximately 0.7 miles of
Shady Creek from its headwaters to the confluence with
the Rogue River as a wild river.
``(II) Slide creek.--
``(i) The approximately 0.5-mile section of
Slide Creek from its headwaters to 0.1 miles
downstream from road 33-9-6 as a scenic river.
``(ii) The approximately 0.7-mile section
of Slide Creek from 0.1 miles downstream of
road 33-9-6 to the confluence with the Rogue
River as a wild river.''.
(b) Management.--All wild, scenic, and recreation classified
segments designated by the amendment made by subsection (a) shall be
managed as part of the Rogue Wild and Scenic River.
(c) Withdrawal.--Subject to valid rights, the Federal land within
the boundaries of the river segments designated by the amendment made
by subsection (a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 3. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.
(a) Protections.--The Federal Energy Regulatory Commission shall
not license the construction of any dam, water conduit, reservoir,
powerhouse, transmission line, or other project works on or directly
affecting any stream which is listed in this section, and no department
or agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project on or
directly affecting any stream which is listed in this section of this
Act, except to maintain or repair water resources projects that exist
on the date of enactment of this Act. Nothing in this section shall
prohibit any department or agency of the United States in assisting by
loan, grant, license, or otherwise, water resources projects whose
primary purpose is ecological or aquatic restoration and which provide
a net benefit to water quality and aquatic resources.
(b) Withdrawal.--Subject to valid rights, the Federal land within a
quarter-mile on each side of the streams listed in this section, is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(c) Stream Segments.--
(1) Kelsey creek.--The approximately 4.5 miles of Kelsey
Creek from its headwaters to the east section line of 32S 9W
sec. 34.
(2) East fork kelsey creek.--The approximately .2 miles of
East Fork Kelsey Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W sec. 5.
(3) East fork whisky creek.--The approximately .7 miles of
East Fork Whisky Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W section 11.
(4) Little windy creek.--The approximately 1.2 miles of
Little Windy Creek from its headwaters to west section line of
33S 9W sec. 34.
(5) Mule creek.--The approximately 5.1 miles of Mule Creek
from its headwaters to east section line of 32S 10W sec. 25.
(6) Missouri creek.--The approximately 3.1 miles of
Missouri Creek from its headwaters to the Wild Rogue Wilderness
boundary in 33S 10W sec. 24.
(7) Jenny creek.--The approximately 3.1 miles of Jenny
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 28.
(8) Rum creek.--The approximately 2.2 miles of Rum Creek
from its headwaters to the Wild Rogue Wilderness boundary in
34S 8W sec. 9.
(9) East fork rum creek.--The approximately .5 miles of
East Fork Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in 34S 8W sec. 10.
(10) Hewitt creek.--The approximately 1.4 miles of Hewitt
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 19.
(11) Quail creek.--The approximately .8 miles of Quail
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 10W sec. 1.
(12) Russian creek.--The approximately .1 miles of Russian
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 8W sec. 20.
(13) Ditch creek.--The approximately .7 miles of Ditch
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 5.
(14) Long gulch.--The approximately 1.4 miles of Long Gulch
from its headwaters to the Wild Rogue Wilderness boundary in
33S 10W sec. 23.
(15) Bailey creek.--The approximately 1.4 miles of Bailey
Creek from its headwaters to west section line of 34S 8W sec.
14.
(16) Quartz creek.--The approximately 3.3 miles of Quartz
Creek from its headwaters to its confluence with the North Fork
Galice Creek.
(17) North fork galice creek.--The approximately 5.7 miles
of the North Fork Galice Creek from its headwaters to its
confluence with Galice Creek.
(18) Grave creek.--The approximately 10.2 mile section of
Grave Creek from the confluence of Wolf Creek downstream to the
confluence with the Rogue River.
(19) Centennial gulch.--The approximately 2.2 miles of
Centennial Gulch from its headwaters to its confluence with the
Rogue River. | Adds specified federal land managed by the Bureau of Land Management (BLM) in the Wild Rogue Wilderness as a component of the National Wilderness Preservation System (NWPS).
Amends the Wild and Scenic Rivers Act to add specified segments of creeks to the designation of the Rogue River in Oregon as a component of the national wild and scenic rivers system.
Prohibits: (1) the Federal Energy Regulatory Commission (FERC) from licensing the construction of any dam, conduit, reservoir, powerhouse, transmission line, or other project works affecting specified stream segments; and (2) any federal department or agency from assisting in the construction of any water resources project affecting any such segment, except for maintaining or repairing existing projects. | {"src": "billsum_train", "title": "To expand the Wild Rogue Wilderness Area in the State of Oregon, to make additional wild and scenic river designations in the Rogue River area, and to provide additional protections for Rogue River tributaries, and for other purposes."} | 3,840 | 161 | 0.503599 | 1.406868 | 0.766761 | 3.47482 | 22.503597 | 0.884892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respect for Rights of Conscience Act
of 2010''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) As Thomas Jefferson declared to New London Methodists
in 1809, ``[n]o provision in our Constitution ought to be
dearer to man than that which protects the rights of conscience
against the enterprises of the civil authority''.
(2) Jefferson's statement expresses a conviction on respect
for conscience that is deeply embedded in the history and
traditions of our Nation and codified in numerous State and
Federal laws, including laws on health care.
(3) Until enactment of the Patient Protection and
Affordable Care Act (Public Law 111-148, in this section
referred to as ``PPACA''), the Federal Government has not
sought to impose specific coverage or care requirements that
infringe on the rights of conscience of insurers, purchasers of
insurance, plan sponsors, beneficiaries, and other
stakeholders, such as individual or institutional health care
providers.
(4) PPACA creates a new nationwide requirement for health
plans to cover ``essential health benefits'' and ``preventive
services'' (including a distinct set of ``preventive services
for women''), delegating to the Department of Health and Human
Services the authority to provide a list of detailed services
under each category, and imposes other new requirements with
respect to the provision of health care services.
(5) While PPACA provides an exemption for some religious
groups that object to participation in Government health
programs generally, it does not allow purchasers, plan
sponsors, and other stakeholders with religious or moral
objections to specific items or services to decline providing
or obtaining coverage of such items or services, or allow
health care providers with such objections to decline to
provide them.
(6) By creating new barriers to health insurance and
causing the loss of existing insurance arrangements, these
inflexible mandates in PPACA jeopardize the ability of
individuals to exercise their rights of conscience and their
ability to freely participate in the health insurance and
health care marketplace.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that health care stakeholders retain the
right to provide, purchase, or enroll in health coverage that
is consistent with their religious beliefs and moral
convictions, without fear of being penalized or discriminated
against under PPACA; and
(2) to ensure that no requirement in PPACA creates new
pressures to exclude those exercising such conscientious
objection from health plans or other programs under PPACA.
SEC. 3. RESPECT FOR RIGHTS OF CONSCIENCE.
(a) In General.--Section 1302(b) of the Patient Protection and
Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended
by adding at the end the following new paragraph:
``(6) Respecting rights of conscience with regard to
specific items or services.--
``(A) For health plans.--A health plan shall not be
considered to have failed to provide the essential
health benefits package described in subsection (a) (or
preventive health services described in section 2713 of
the Public Health Service Act), to fail to be a
qualified health plan, or to fail to fulfill any other
requirement under this title on the basis that it
declines to provide coverage of specific items or
services because--
``(i) providing coverage (or, in the case
of a sponsor of a group health plan, paying for
coverage) of such specific items or services is
contrary to the religious beliefs or moral
convictions of the sponsor, issuer, or other
entity offering the plan; or
``(ii) such coverage (in the case of
individual coverage) is contrary to the
religious beliefs or moral convictions of the
purchaser or beneficiary of the coverage.
``(B) For health care providers.--Nothing in this
title (or any amendment made by this title) shall be
construed to require an individual or institutional
health care provider, or authorize a health plan to
require a provider, to provide, participate in, or
refer for a specific item or service contrary to the
provider's religious beliefs or moral convictions.
Notwithstanding any other provision of this title, a
health plan shall not be considered to have failed to
provide timely or other access to items or services
under this title (or any amendment made by this title)
or to fulfill any other requirement under this title
because it has respected the rights of conscience of
such a provider pursuant to this paragraph.
``(C) Nondiscrimination in exercising rights of
conscience.--No Exchange or other official or entity
acting in a governmental capacity in the course of
implementing this title (or any amendment made by this
title) shall discriminate against a health plan, plan
sponsor, health care provider, or other person because
of such plan's, sponsor's, provider's, or person's
unwillingness to provide coverage of, participate in,
or refer for, specific items or services pursuant to
this paragraph.
``(D) Construction.--Nothing in subparagraph (A) or
(B) shall be construed to permit a health plan or
provider to discriminate in a manner inconsistent with
subparagraphs (B) and (D) of paragraph (4).
``(E) Private rights of action.--The various
protections of conscience in this paragraph constitute
the protection of individual rights and create a
private cause of action for those persons or entities
protected. Any person or entity may assert a violation
of this paragraph as a claim or defense in a judicial
proceeding.
``(F) Remedies.--
``(i) Federal jurisdiction.--The Federal
courts shall have jurisdiction to prevent and
redress actual or threatened violations of this
paragraph by granting all forms of legal or
equitable relief, including, but not limited
to, injunctive relief, declaratory relief,
damages, costs, and attorney fees.
``(ii) Initiating party.--An action under
this paragraph may be instituted by the
Attorney General of the United States, or by
any person or entity having standing to
complain of a threatened or actual violation of
this paragraph, including, but not limited to,
any actual or prospective plan sponsor, issuer,
or other entity offering a plan, any actual or
prospective purchaser or beneficiary of a plan,
and any individual or institutional health care
provider.
``(iii) Interim relief.--Pending final
determination of any action under this
paragraph, the court may at any time enter such
restraining order or prohibitions, or take such
other actions, as it deems necessary.
``(G) Administration.--The Office for Civil Rights
of the Department of Health and Human Services is
designated to receive complaints of discrimination
based on this paragraph and coordinate the
investigation of such complaints.
``(H) Actuarial equivalence.--Nothing in this
paragraph shall prohibit the Secretary from issuing
regulations or other guidance to ensure that health
plans excluding specific items or services under this
paragraph shall have an aggregate actuarial value at
least equivalent to that of plans at the same level of
coverage that do not exclude such items or services.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Public Law 111-148. | Respect for Rights of Conscience Act of 2010 - Amends the Patient Protection and Affordable Care Act (PPACA) to permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty. Declares that such plans are still considered to: (1) be providing the essential health benefits package or preventive health services, (2) be a qualified health plan, and (3) have fulfilled other requirements under PPACA.
Declares that nothing in PPACA shall be construed to authorize a health plan to require a provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Prohibits a health plan from being considered to have failed to provide timely or other access to items or services or to fulfill any other requirement under PPACA because it has respected the rights of conscience of such a provider. Prohibits an American Health Benefit Exchange or other official or entity acting in a governmental capacity in the course of implementing PPACA from discriminating against a health plan, plan sponsor, health care provider, or other person because of an unwillingness to provide coverage of, participate in, or refer for, specific items or services. Creates a private cause of action for the protection of individual rights created under this Act. Authorizes any person or entity to assert a violation of this Act as a claim or defense in a judicial proceeding. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints of discrimination based on this Act. Makes this Act effective as if it were included in PPACA. | {"src": "billsum_train", "title": "To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services."} | 1,632 | 389 | 0.629077 | 2.104145 | 0.727434 | 4.667647 | 4.444118 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2002''.
SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS UNDER THE LOWER RIO GRANDE
VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT ACT
OF 2000.
Section 4(a) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat.
3067) is amended by adding at the end the following:
``(5) In the United Irrigation District of Hidalgo County,
Texas, a pipeline and pumping system as identified in the Sigler,
Winston, Greenwood, Associates, Incorporated, study dated January
2001.
``(6) In the Cameron County, Texas, Irrigation District No. 2,
proposed improvements to Canal C, as identified in the February 8,
2001, engineering report by Martin, Brown, and Perez.
``(7) In the Cameron County, Texas, Irrigation District No. 2,
a proposed Canal C and Canal 13 Inner Connect, as identified in the
February 12, 2001, engineering report by Martin, Brown, and Perez.
``(8) In Delta Lake Irrigation District of Hidalgo and Willacy
Counties, Texas, proposed water conservation projects, as
identified by the AW Blair Engineering report of February 13, 2001.
``(9) In the Hidalgo and Cameron County, Texas, Irrigation
District No. 9, a proposed project to salvage spill water using
automatic control of canal gates as identified in the AW Blair
Engineering report dated February 14, 2001.
``(10) In the Brownsville Irrigation District of Cameron
County, Texas, a proposed main canal replacement as outlined in the
Holdar-Garcia & Associates engineering report dated February 14,
2001.
``(11) In the Hidalgo County, Texas, Irrigation District No.
16, a proposed off-district pump station project as identified by
the Melden & Hunt, Incorporated, engineering report dated February
14, 2001.
``(12) In the Hidalgo County, Texas, Irrigation District No. 1,
a proposed canal replacement of the North Branch East Main, as
outlined in the Melden & Hunt, Incorporated, engineering analysis
dated February, 2001.
``(13) In the Donna (Texas) Irrigation District, a proposed
improvement project as identified by the Melden & Hunt,
Incorporated, engineering analysis dated February 13, 2001.
``(14) In the Hudspeth County, Texas, Conservation and
Reclamation District No. 1, the Alamo Arroyo Pumping Plant water
quality project as identified by the engineering report and
drawings by Gebhard-Sarma and Associates dated July 1996 and the
construction of a 1,000 acre-foot off-channel regulating reservoir
for the capture and conservation of irrigation water, as identified
in the engineering report by AW Blair Engineering dated June 2002.
``(15) In the El Paso County, Texas, Water Improvement District
No. 1, the Riverside Canal Improvement Project Phase I Reach A, a
canal lining and water conservation project as identified by the
engineering report by AW Blair Engineering dated June 2002.
``(16) In the Maverick County, Texas, Water Improvement and
Control District No. 1, the concrete lining project of 12 miles of
the Maverick Main Canal, identified in the engineering report by AW
Blair Engineering dated June 2002.
``(17) In the Hidalgo County, Texas, Irrigation District No. 6,
rehabilitation of 10.2 miles of concrete lining in the main canal
between Lift Stations Nos. 2 and 3 as identified in the engineering
report by AW Blair Engineering dated June 2002.
``(18) In the Hidalgo County, Texas, Irrigation District No. 2,
Wisconsin Canal Improvements as identified in the Sigler, Winston,
Greenwood & Associates, Incorporated, engineering report dated
February 2001.
``(19) In the Hidalgo County, Texas, Irrigation District No. 2,
Lateral `A' Canal Improvements as identified in the Sigler,
Winston, Greenwood & Associates, Incorporated, engineering report
dated July 25, 2001.''.
SEC. 3. AMENDMENTS TO THE LOWER RIO GRANDE VALLEY WATER RESOURCES
CONSERVATION AND IMPROVEMENT ACT OF 2000.
The Lower Rio Grande Valley Water Resources Conservation and
Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065 et seq.) is
further amended as follows:
(1) Section 3(a) is amended in the first sentence by striking
``The Secretary'' and all that follows through ``in cooperation''
and inserting ``The Secretary, acting through the Bureau of
Reclamation, shall undertake a program under cooperative
agreements''.
(2) Section 3(b) is amended to read as follows:
``(b) Project Review.--Project proposals shall be reviewed and
evaluated under the guidelines set forth in the document published by
the Bureau of Reclamation entitled `Guidelines for Preparing and
Reviewing Proposals for Water Conservation and Improvement Projects
Under P.L. 106-576', dated June 2001.''.
(3) Section 3(d) is amended by inserting before the period at
the end the following: ``, including operation, maintenance,
repair, and replacement''.
(4) Section 3(e) is amended by striking ``the criteria
established pursuant to this section'' and inserting ``the
guidelines referred to in subsection (b)''.
(5) Subsection (f) of section 3 is amended by striking ``to
prepare'' and all that follows through the end of the subsection
and inserting ``to have the Secretary prepare the reports required
under this section. The Federal share of the cost of such
preparation by the Secretary shall not exceed 50 percent of the
total cost of such preparation.''.
(6) Section 3(g) is amended by striking ``$2,000,000'' and
inserting ``$8,000,000''.
(7) Section 4(b) is amended--
(A) in the first sentence by striking ``costs of any
construction'' and inserting ``total project cost of any
project''; and
(B) in the last sentence by inserting ``the actual'' before
``funds''.
(8) Section 4(c) is amended by striking ``$10,000,000'' and
inserting ``$47,000,000 (2001 dollars)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2002 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of 20 additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require that project proposals be reviewed and evaluated under the guidelines set forth in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to contract with the Secretary to have the Secretary prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent. | {"src": "billsum_train", "title": "To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act, and for other purposes."} | 1,501 | 240 | 0.457261 | 1.331782 | 0.609646 | 2.872807 | 5.850877 | 0.846491 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) According to the United Nations, economic and social
factors contribute to the spread of HIV/AIDS, which now infects
an average of 16,000 people every day.
(2) Due to the debt crisis in the majority of impoverished
countries, substantially more money is spent on debt repayment
each year than on HIV/AIDS prevention and treatment programs.
(3) Structural adjustment programs in the developing world,
in an attempt to enable the impoverished nations to repay their
debt, have required governments to impose failed and often
harmful policies including charging user fees for the use of
medical clinics. These user fees can create an obstacle to
effective prevention and treatment programs.
(4) In Kenya, when user fees were imposed at Nairobi's
Sexually Transmitted Disease clinics, attendance decreased 35-
60 percent.
(5) User fees have also been shown to decrease the use of
health clinics in Mozambique, the Congo, Ghana, and Zimbabwe.
(6) Cuts in health clinic budgets, required by structural
adjustment programs, may also contribute to the spread of HIV/
AIDS.
(7) Structural adjustment programs have also contributed to
internal and international labor migration. Labor migration is
associated with increase in HIV transmission rates in Senegal,
Ghana, Benin, Nigeria, and Kenya.
(8) The HIV/AIDS pandemic will result in tens of millions
of orphaned children worldwide, creating an unprecedented
strain on the world's economic resources and relief efforts.
(9) Secretary General of the United Nations, Kofi Annan,
stated in 1999 that ``the impact of AIDS is no less destructive
than that of warfare itself, and by some measures, far worse''.
(10) Many of the same nations in Sub-Saharan Africa which
are crushed beneath the weight of foreign debt are experiencing
catastrophic loss of life and negative economic growth due
largely to the HIV/AIDS pandemic.
(11) The decision of the G-8 countries at the Cologne
Summit in 1999 to reduce by $100,000,000,000 the debt of the
countries listed by the World Bank and the International
Monetary Fund (IMF) as Heavily Indebted Poor Countries (HIPCs)
(which combined owe approximately $220,000,000,000 in debt) is
a measure for which only 22 have qualified. These countries
have seen their annual debt service reduced by an average of 26
percent, a level of reduction which is neither allowing these
countries a sustainable exit from debt, nor freeing up
substantial resources to combat poverty and the AIDS pandemic.
(12) Per capita government expenditure on health care in
most African countries is below $10, and the per capita share
of debt service to foreign creditors is up to 5 times as high
as public health expenditure.
(13) The Congress enacted section 596 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001. This demonstrated the political
commitment to eliminate user fees for primary health care and
education.
(14) A large-scale program of multilateral and bilateral
debt cancellation explicitly linked to HIV/AIDS control would
have minimal impact on creditor country taxpayers and budgets.
(15) The active participation of all stakeholders in the
epidemic, in the process of negotiating debt cancellation for
HIV/AIDS prevention and care, is a precondition for the
implementation of effective programs.
(16) The United States has shown good faith by providing
$435,000,000 in fiscal year 2001 for bilateral debt
cancellation and multilateral debt reduction. This action
should encourage international financial institutions to match
the debt cancellation efforts of the G-8 countries to ensure
burden sharing.
SEC. 2. MULTILATERAL DEBT CANCELLATION EFFORTS FOR COUNTRIES ELIGIBLE
TO BE CONSIDERED FOR ASSISTANCE UNDER THE HEAVILY
INDEBTED POOR COUNTRIES (HIPC) INITIATIVE OR HEAVILY
AFFECTED BY HIV/AIDS.
The Secretary of the Treasury shall instruct the United States
Executive Directors at the International Bank for Reconstruction and
Development and the International Monetary Fund to use the voice, vote,
and influence of the United States to call for a vote in their
respective institutions on (and call for the publication of the outcome
of any such vote)--
(1) negotiating a strategy for cancelling the debts owed to
the institution by any country that is eligible to be
considered for assistance under the Heavily Indebted Poor
Countries (HIPC) Initiative or is heavily affected by HIV/AIDS,
which should ensure that the savings from debt cancellation
are used for poverty reduction in a process that is fair and
transparent, and that includes the participation of national
governments, including parliamentary bodies, nongovernmental
organizations, and civil society;
(2) in the interim, accepting an immediate moratorium on
debt service payments and accrual of interest on such debt owed
by any such country;
(3) encouraging each such country and civil society
stakeholders to ensure that--
(A) the national HIV/AIDS strategic plan is fully
funded, and that a significant proportion of the
savings from debt cancellation is used for the HIV/AIDS
response and other health priorities, as determined
locally; and
(B) HIV/AIDS and infectious disease control
strategies are based upon best practices, including
prevention, care, treatment, orphan response, and
accessibility to affordable drugs and social and health
infrastructure; and
(4) using the reserve accounts or net income of the
institution to offset the costs of any such debt cancellation.
SEC. 3. OPPOSITION TO USER FEES FOR PRIMARY EDUCATION OR PRIMARY HEALTH
CARE.
The Secretary of the Treasury shall instruct the United States
Executive Directors at at the International Bank for Reconstruction and
Development and the International Monetary Fund to oppose and vote
against any program of these institutions that would include user fees
or service charges for primary education or primary health care,
including prevention and treatment efforts for HIV/AIDS, malaria,
tuberculosis, and infant, child, and maternal well-being.
SEC. 4. ANTICORRUPTION STRATEGIES.
The Secretary of the Treasury, in consultation with appropriate
governmental agencies, nongovernmental organizations, and civil
society, shall develop strategies to counter corruption in the
countries described in section 2.
SEC. 5. REPORTS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Treasury shall submit to the Committees on
Financial Services and on International Relations of the House of
Representatives and the Committees on Banking, Housing, and Urban
Affairs and on Foreign Relations of the Senate a written report on all
progress in debt cancellation efforts undertaken pursuant to this Act
and on the effects of the debt cancellation provided pursuant to this
Act on funding for HIV/AIDS programs, projects, activities (including
any vaccination approaches, health care delivery system infrastructure
development, HIV prevention education), and the effectiveness of such
programs, projects, and activities in reducing the worldwide spread of
HIV/AIDS. The report should include recommendations for measures to
ensure accountability in the use of the savings from such debt
cancellation.
SEC. 6. DEFINITIONS.
In this Act:
(1) G-8 countries.--The term ``G-8 countries'' means the
group consisting of France, Germany, Japan, the United Kingdom,
the United States, Canada, Italy, and Russia established to
facilitate economic cooperation among the 8 major economic
powers.
(2) Heavily affected by hiv/aids.--The term ``heavily
affected by HIV/AIDS'' means, with respect to a country, that
the country has an HIV/AIDS incidence of at least 3 percent or
the country has declared a national health emergency related to
HIV/AIDS.
(3) Heavily indebted poor countries (hipc) initiative.--The
term ``Heavily Indebted Poor Countries (HIPC) Initiative''
means countries that are eligible for consideration for highly
concessional assistance from the International Development
Association, and from the Poverty Reduction and Growth Facility
of the International Monetary Fund.
(4) HIV/AIDS.--The term ``HIV/AIDS'' means infection with
the human immunodeficiency virus. Such term includes the
acquired immune deficiency syndrome. | Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at the International Bank for Reconstruction and Development (World Bank) and the International Monetary Fund (IMF) to use the U.S. voice, vote, and influence to call for a vote by such institutions on: (1) negotiating a strategy to cancel debts owed them by any country eligible for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative or heavily affected by HIV/AIDS, which should ensure that the savings from such cancellation are used for fair and transparent poverty reduction; (2) accepting an immediate moratorium on debt service payments and accrual of interest on the debt owed by such country; (3) encouraging each country to ensure that the national HIV/AIDS strategic plan is fully funded, with a significant proportion of the savings from the debt cancellation to be used for HIV/AIDS response and other health priorities, and HIV/AIDS and infectious disease control strategies are based upon best practices, including prevention, care, treatment, orphan response, and accessibility to affordable drugs and social and health infrastructure; and (4) using their reserve accounts or net income to offset debt cancellation costs.Directs the Secretary to instruct the U.S. Executive Directors at the World Bank and the IMF to oppose any of their programs that would include user fees for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being.Directs the Secretary to develop strategies to counter corruption in beneficiary countries under this Act. | {"src": "billsum_train", "title": "To encourage the provision of multilateral debt cancellation for countries eligible to be considered for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative or heavily affected by HIV/AIDS, and for other purposes."} | 1,752 | 335 | 0.533593 | 1.843948 | 0.672548 | 5.328904 | 5.495017 | 0.9701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Reliable Medical Justice
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to restore fairness and reliability to the medical
justice system by fostering alternatives to current medical
tort litigation that promote early disclosure of health care
errors and provide prompt, fair, and reasonable compensation to
patients who are injured by health care errors;
(2) to promote patient safety through disclosure of health
care errors; and
(3) to support and assist States in developing such
alternatives.
SEC. 3. STATE DEMONSTRATION PROGRAMS TO EVALUATE ALTERNATIVES TO
CURRENT MEDICAL TORT LITIGATION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. STATE DEMONSTRATION PROGRAMS TO EVALUATE ALTERNATIVES TO
CURRENT MEDICAL TORT LITIGATION.
``(a) In General.--The Secretary is authorized to award
demonstration grants to States for the development, implementation, and
evaluation of alternatives to current tort litigation for resolving
disputes over injuries allegedly caused by health care providers or
health care organizations. In awarding such grants, the Secretary shall
ensure the diversity of the alternatives so funded.
``(b) Duration.--The Secretary may award up to 10 grants under
subsection (a) and each grant awarded under such subsection may not
exceed a period of 5 years.
``(c) Conditions for Demonstration Grants.--
``(1) Requirements.--Each State desiring a grant under
subsection (a) shall--
``(A) develop an alternative to current tort
litigation for resolving disputes over injuries
allegedly caused by health care providers or health
care organizations; and
``(B) promote a reduction of health care errors by
allowing for patient safety data related to disputes
resolved under subparagraph (A) to be collected and
analyzed by organizations that engage in efforts to
improve patient safety and the quality of health care.
``(2) Alternative to current tort litigation.--Each State
desiring a grant under subsection (a) shall demonstrate how the
proposed alternative described in paragraph (1)(A)--
``(A) makes the medical liability system more
reliable through prompt and fair resolution of
disputes;
``(B) encourages the disclosure of health care
errors;
``(C) enhances patient safety by detecting,
analyzing, and reducing medical errors and adverse
events;
``(D) maintains access to liability insurance; and
``(E) provides patients the opportunity to opt out
of or voluntarily withdraw from participating in the
alternative.
``(3) Sources of compensation.--Each State desiring a grant
under subsection (a) shall identify the sources from and
methods by which compensation would be paid for claims resolved
under the proposed alternative to current tort litigation,
which may include public or private funding sources, or a
combination of such sources. Funding methods shall to the
extent practicable provide financial incentives for activities
that improve patient safety.
``(4) Scope.--
``(A) In general.--Each State desiring a grant
under subsection (a) may establish a scope of
jurisdiction (such as a designated geographic region, a
designated area of health care practice, or a
designated group of health care providers or health
care organizations) for the proposed alternative to
current tort litigation that is sufficient to evaluate
the effects of the alternative.
``(B) Notification of patients.--A State proposing
a scope of jurisdiction under subparagraph (A) shall
demonstrate how patients would be notified that they
are receiving health care services that fall within
such scope, and that they may opt out of or voluntarily
withdraw from participating in the alternative.
``(5) Preference in awarding demonstration grants.--In
awarding grants under subsection (a), the Secretary shall give
preference to States--
``(A) that have developed the proposed alternative
through substantive consultation with relevant
stakeholders, including patient advocates, health care
providers and health care organizations, attorneys with
expertise in representing patients and health care
providers, medical malpractice insurers, and patient
safety experts;
``(B) that make proposals that are likely to
enhance patient safety by detecting, analyzing, and
reducing medical errors and adverse events; and
``(C) in which State law at the time of the
application would not prohibit the adoption of an
alternative to current tort litigation.
``(d) Application.--
``(1) In general.--Each State desiring a grant under
subsection (a) shall submit to the Secretary an application, at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Review panel.--
``(A) In general.--In reviewing applications under
paragraph (1), the Secretary shall consult with a
review panel composed of relevant experts appointed by
the Comptroller General.
``(B) Composition.--
``(i) Nominations.--The Comptroller General
shall solicit nominations from the public for
individuals to serve on the review panel.
``(ii) Appointment.--The Comptroller
General shall appoint, at least 14 but not more
than 19, highly qualified and knowledgeable
individuals to serve on the review panel and
shall ensure that the following entities
receive fair representation on such panel:
``(I) Patient advocates.
``(II) Health care providers and
health care organizations.
``(III) Attorneys with expertise in
representing patients and health care
providers.
``(IV) Medical malpractice
insurers.
``(V) State officials.
``(VI) Patient safety experts.
``(C) Chairperson.--The Comptroller General, or an
individual within the Government Accountability Office
designated by the Comptroller General, shall be the
chairperson of the review panel.
``(D) Availability of information.--The Comptroller
General shall make available to the review panel such
information, personnel, and administrative services and
assistance as the review panel may reasonably require
to carry out its duties.
``(E) Information from agencies.--The review panel
may request directly from any department or agency of
the United States any information that such panel
considers necessary to carry out its duties. To the
extent consistent with applicable laws and regulations,
the head of such department or agency shall furnish the
requested information to the review panel.
``(e) Reports.--
``(1) By state.--Each State receiving a grant under
subsection (a) shall submit to the Secretary an annual report
evaluating the effectiveness of activities funded with grants
awarded under such subsection.
``(2) By secretary.--The Secretary shall submit to Congress
an annual compendium of the reports submitted under paragraph
(1).
``(f) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance to the States applying for or awarded grants under
subsection (a).
``(2) Requirements.--Technical assistance under paragraph
(1) shall include--
``(A) guidance on non-economic damages, including
the consideration of individual facts and circumstances
in determining appropriate payment, guidance on
identifying avoidable injuries, and guidance on
disclosure to patients of health care errors and
adverse events; and
``(B) the development, in consultation with States,
of common definitions, formats, and data collection
infrastructure for States receiving grants under this
section to use in reporting to facilitate aggregation
and analysis of data both within and between States.
``(3) Use of common definitions, formats, and data
collection infrastructure.--States not receiving grants under
this section may also use the common definitions, formats, and
data collection infrastructure developed under paragraph
(2)(B).
``(g) Evaluation.--
``(1) In general.--The Secretary, in consultation with the
review panel established under subsection (d)(2), shall enter
into a contract with an appropriate research organization to
conduct an overall evaluation of the effectiveness of grants
awarded under subsection (a) and to annually prepare and submit
a report to Congress. Such an evaluation shall begin not later
than 18 months following the date of implementation of the
first program funded by a grant under subsection (a).
``(2) Contents.--The evaluation under paragraph (1) shall
include--
``(A) an analysis of the effects of the grants
awarded under subsection (a) on the measures described
in paragraph (3);
``(B) a comparison between and among the
alternatives approved under subsection (a) of the
measures described in paragraph (3); and
``(C) a comparison between and among States
receiving grants approved under subsection (a) and
similar States not receiving such grants of the
measures described in paragraph (3).
``(3) Measures.--The evaluations under paragraph (2) shall
analyze and make comparisons on the basis of--
``(A) the nature and number of disputes over
injuries allegedly caused by health care providers or
health care organizations;
``(B) the nature and number of claims in which tort
litigation was pursued despite the existence of an
alternative under subsection (a);
``(C) the disposition of disputes and claims
described in clauses (i) and (ii), including the length
of time and estimated costs to all parties;
``(D) the medical liability environment;
``(E) health care quality;
``(F) patient safety in terms of detecting,
analyzing, and reducing medical errors and adverse
events; and
``(G) patient and health care provider and
organization satisfaction with the alternative under
subsection (a) and with the medical liability
environment.
``(4) Funding.--The Secretary shall reserve 5 percent of
the amount appropriated in each fiscal year under subsection
(j) to carry out this subsection.
``(h) Option to Provide for Initial Planning Grants.--Of the funds
appropriated pursuant to subsection (j), the Secretary may use a
portion not to exceed $500,000 per State to provide planning grants to
such States for the development of demonstration project applications
meeting the criteria described in subsection (c). In selecting States
to receive such planning grants, the Secretary shall give preference to
those States in which State law at the time of the application would
not prohibit the adoption of an alternative to current tort litigation.
``(i) Definitions.--In this section:
``(1) Health care services.--The term `health care
services' means any services provided by a health care
provider, or by any individual working under the supervision of
a health care provider, that relate to--
``(A) the diagnosis, prevention, or treatment of
any human disease or impairment; or
``(B) the assessment of the health of human beings.
``(2) Health care organization.--The term `health care
organization' means any individual or entity which is obligated
to provide, pay for, or administer health benefits under any
health plan.
``(3) Health care provider.--The term `health care
provider' means any individual or entity--
``(A) licensed, registered, or certified under
Federal or State laws or regulations to provide health
care services; or
``(B) required to be so licensed, registered, or
certified but that is exempted by other statute or
regulation.
``(4) Net economic loss.--The term `net economic loss'
means--
``(A) reasonable expenses incurred for products,
services, and accommodations needed for health care,
training, and other remedial treatment and care of an
injured individual;
``(B) reasonable and appropriate expenses for
rehabilitation treatment and occupational training;
``(C) 100 percent of the loss of income from work
that an injured individual would have performed if not
injured, reduced by any income from substitute work
actually performed; and
``(D) reasonable expenses incurred in obtaining
ordinary and necessary services to replace services an
injured individual would have performed for the benefit
of the individual or the family of such individual if
the individual had not been injured.
``(5) Non-economic damages.--The term `non-economic
damages' means losses for physical and emotional pain,
suffering, inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), injury to reputation, and all other non-pecuniary
losses of any kind or nature, to the extent permitted under
State law.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
Amounts appropriated pursuant to this subsection shall remain available
until expended.''. | Fair and Reliable Medical Justice Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award up to ten demonstration grants to states for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations. Requires such states to: (1) develop such an alternative to current tort litigation; and (2) promote a reduction of health care errors by allowing for patient safety data related to such disputes to be collected and analyzed by organizations that engage in efforts to improve patient safety and the quality of health care. | {"src": "billsum_train", "title": "A bill to restore fairness and reliability to the medical justice system and promote patient safety by fostering alternatives to current medical tort litigation, and for other purposes."} | 2,778 | 133 | 0.706774 | 1.861736 | 0.756904 | 6.173554 | 22.115702 | 0.966942 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Government Decentralization
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established in the General Services Administration a
commission to be known as the ``Federal Government Decentralization
Commission'' (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) study the relocation of executive agencies or divisions
of executive agencies outside the Washington metropolitan area;
and
(2) submit to Congress a plan for the relocation of
recommended agencies or divisions.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
the Administrator of General Services (or a designee) and 10 other
members, appointed as follows:
(1) Two members shall be appointed by the majority leader
of the Senate.
(2) Two members shall be appointed by the Speaker of the
House of Representatives.
(3) Two members shall be appointed by the minority leader
of the Senate.
(4) Two members shall be appointed by the minority leader
of the House of Representative.
(5) Two members shall be appointed by the Administrator of
the General Service Administration.
(b) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later 90 days after the date of the
enactment of this Act.
(c) Vacancies.--A vacancy in the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the same manner as the original
appointment was made.
(d) Compensation.--Each member of the Commission shall serve
without pay.
(e) Travel Expenses.--Each member of the Commission shall be
allowed a per diem allowance for travel expenses, at rates consistent
with those authorized under subchapter I of chapter 57 of title 5,
United States Code.
(f) Chairperson.--The Chairperson of the Commission shall be the
Administrator of General Services (or a designee).
SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL
SERVICES ADMINISTRATION.
Administrative and support staff for the Commission shall be
provided by the General Services Administration.
SEC. 6. SUBMISSION OF PLAN TO CONGRESS.
(a) In General.--Not later than September 30, 2019, the Commission
shall develop and submit to Congress a plan for the relocation of
executive agencies or divisions of executive agencies outside the
Washington metropolitan area.
(b) Requirements for Plan.--The plan shall include the following:
(1) An identification of new locations for executive
agencies or divisions of executive agencies outside the
Washington metropolitan area, which shall be prioritized--
(A) by relocation to a low-income community; or
(B) by relocation to areas with expertise in the
mission and goal of the executive agency or division.
(2) A consideration of national security implications of
the relocation.
(3) An economic and workforce development study on how the
relocation of an executive agency or division would impact the
new location.
(4) A list of potential site acquisitions and partial
prospectus for executive agencies or divisions of executive
agencies, which shall include--
(A) a brief description of the building to be
constructed, altered, or leased;
(B) the location of the building; and
(C) an estimate of the maximum cost of the
acquisition and the relocation.
SEC. 7. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code, except that the term does not
include the Executive Office of the President.
(2) Low-income community.--The term ``low-income
community'' has the meaning given that term in section 45D(e)
of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e).
(3) Washington metropolitan area.--The term ``Washington
metropolitan area'' means the geographic area located within
the boundaries of--
(A) the District of Columbia;
(B) Montgomery and Prince George's Counties in the
State of Maryland; and
(C) Arlington, Fairfax, Loudon, and Prince William
Counties and the City of Alexandria in the Commonwealth
of Virginia.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the submission of the
plan under section 6.
SEC. 9. FUNDING.
No new appropriations may be obligated to carry out this Act. | Federal Government Decentralization Commission Act This bill establishes in the General Services Administration the Federal Government Decentralization Commission to study and submit a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. The plan shall include: an identification of such new locations, prioritized by relocation to low-income communities or to areas with expertise in the mission and goal of the agency or division; a consideration of national security implications; an economic and workforce development study on how the relocation would impact the new location; and a list of potential site acquisitions and a partial prospectus for such agencies or divisions, including a brief description of the building to be constructed, altered, or leased, the location of the building, and an estimate of the maximum cost of the acquisition and the relocation. | {"src": "billsum_train", "title": "Federal Government Decentralization Commission Act"} | 1,003 | 171 | 0.538357 | 1.452468 | 0.808631 | 4.615385 | 5.967949 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Modernization and
Reporting Act of 2009''.
SEC. 2. DEFINITIONS.
Subsection (a) of section 3001 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended--
(1) in the matter preceding paragraph (1) by striking ``In
this section:'' and inserting ``Except as otherwise
specifically provided, in this title:'';
(2) by redesignating paragraph (1) as paragraph (2);
(3) by redesignating paragraph (2) as paragraph (5);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by redesignating paragraph (4) as paragraph (12);
(6) by redesignating paragraph (5) as paragraph (10);
(7) by redesignating paragraph (6) as paragraph (15);
(8) by redesignating paragraph (7) as paragraph (14);
(9) by redesignating paragraph (8) as paragraph (3);
(10) by inserting before paragraph (2), as redesignated by
paragraph (2), the following:
``(1) Adjudication.--The term `adjudication' means the
evaluation of pertinent data in a background investigation and
any other available information that is relevant and reliable
to determine whether an individual is--
``(A) suitable for Federal Government employment;
``(B) eligible for logical and physical access to
federally controlled information systems;
``(C) eligible for physical access to federally
controlled facilities;
``(D) eligible for access to classified
information;
``(E) eligible to hold a sensitive position; or
``(F) fit to perform work for or on behalf of the
Federal Government as a contractor employee.'';
(11) by inserting after paragraph (5), as redesignated by
paragraph (3), the following:
``(6) Classified information.--The term `classified
information' means information that has been determined,
pursuant to Executive Order 12958 (60 Fed. Reg. 19825) or a
successor or predecessor order, or the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.), to require protection against
unauthorized disclosure.
``(7) Continuous evaluation.--The term `continuous
evaluation' means a review of the background of an individual
who has been determined to be eligible for access to classified
information (including additional or new checks of commercial
databases, Government databases, and other information lawfully
available to security officials) at any time during the period
of eligibility to determine whether that individual continues
to meet the requirements for eligibility for access to
classified information.
``(8) Contractor.--The term `contractor' means an expert or
consultant, who is not subject to section 3109 of title 5,
United States Code, to an agency, an industrial or commercial
contractor, licensee, certificate holder, or grantee of any
agency, including all subcontractors, a personal services
contractor, or any other category of person who performs work
for or on behalf of an agency and who is not an employee of an
agency.
``(9) Contractor employee fitness.--The term `contractor
employee fitness' means fitness based on character and conduct
for work for or on behalf of an agency as a contractor
employee.'';
(12) by inserting after paragraph (10), as redesignated by
paragraph (6), the following:
``(11) Federally controlled facilities; federally
controlled information systems.--The term `federally controlled
facilities' and `federally controlled information systems' have
the meanings prescribed in guidance pursuant to the Federal
Information Security Management Act of 2002 (title III of
Public Law 107-347; 116 Stat. 2946), the amendments made by
that Act, and Homeland Security Presidential Directive 12, or
any successor Directive.'';
(13) by inserting after paragraph (12), as redesignated by
paragraph (5), the following:
``(13) Logical access.--The term `logical access' means,
with respect to federally controlled information systems,
access other than occasional or intermittent access to
federally controlled information systems.''; and
(14) by inserting after paragraph (15), as redesignated by
paragraph (7), the following:
``(16) Physical access.--The term `physical access' means,
with respect to federally controlled facilities, access other
than occasional or intermittent access to federally controlled
facilities.
``(17) Sensitive position.--The term `sensitive position'
means any position designated as a sensitive position under
Executive Order 10450 or any successor Executive Order.
``(18) Suitability.--The term `suitability' has the meaning
of that term in part 731, of title 5, Code of Federal
Regulations or any successor similar regulation.''.
SEC. 3. SECURITY CLEARANCE AND SUITABILITY DETERMINATION REPORTING.
(a) Extension of Reporting Requirements.--Paragraph (1) of section
3001(h) of the Intelligence Reform and Terrorism Prevention Act of 2004
(50 U.S.C. 435b(h)) is amended by striking ``through 2011,'' and
inserting ``until the earlier of the date that is 2 years after the
date that the Comptroller General of the United States has removed all
items related to security clearances from the list maintained by the
Comptroller General known as the High-Risk List or 2017,''.
(b) Reports on Security Clearance Review Processes.--Paragraph (2)
of such section 3001(h) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (E) and (F), respectively; and
(2) by striking subparagraph (A) and inserting the
following:
``(A) a description of the full range of time required to
complete initial clearance applications, including time
required by each authorized investigative agency and each
authorized adjudicative agency--
``(i) to respond to requests for security
clearances for individuals, including the periods
required to initiate security clearance investigations,
conduct security clearance investigations, deliver
completed investigations to the requesting agency,
adjudicate such requests, make final determinations on
such requests, and notify individuals and individuals'
employers of such determinations, from date of
submission of the requests to the date of the ultimate
disposition of the requests and notifications,
disaggregated by the type of security clearance,
including Secret, Top Secret, and Top Secret with
Special Program Access, including sensitive
compartmented information clearances--
``(I) for civilian employees of the United
States;
``(II) for members of the Armed Forces of
the United States; and
``(III) for contractor employees; and
``(ii) to conduct investigations for suitability
determinations for individuals from successful
submission of applications to ultimate disposition of
applications and notifications to the individuals--
``(I) for civilian employees of the United
States;
``(II) for members of the Armed Forces of
the United States; and
``(III) for contractor employees;
``(B) a listing of the agencies and departments of the
United States that have established and utilize policies to
accept all security clearance background investigations and
determinations completed by an authorized investigative agency
or authorized adjudicative agency;
``(C) a description of the progress in implementing the
strategic plan referred to in section 3004; and
``(D) a description of the progress made in implementing
the information technology strategy referred to in section
3005;''.
SEC. 4. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE ACCOUNTABILITY
COUNCIL.
Title III of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 435b et seq.) is amended by adding at the end the
following new section:
``SEC. 3003. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE
ACCOUNTABILITY COUNCIL.
``(a) Establishment.--There is established a Security Clearance and
Suitability Performance Accountability Council (hereinafter referred to
as the `Council').
``(b) Chair.--
``(1) Designation.--The Deputy Director for Management,
Office of Management and Budget, shall serve as Chair of the
Council.
``(2) Authority.--The Chair of the Council shall have
authority, direction, and control over the functions of the
Council.
``(c) Vice Chair.--The Chair of the Council shall select a Vice
Chair to act in the Chair's absence.
``(d) Membership.--
``(1) In general.--The members of the Council shall
include--
``(A) the Chair of the Council; and
``(B) an appropriate senior officer from each of
the following:
``(i) The Office of the Director of
National Intelligence.
``(ii) The Department of Defense.
``(iii) The Office of Personnel Management.
``(2) Other members.--The Chair of the Council may
designate appropriate employees of other agencies or
departments of the United States as members of the Council.
``(e) Duties.--The Council shall--
``(1) ensure alignment of suitability, security, and, as
appropriate, contractor employee fitness, investigative, and
adjudicative processes;
``(2) ensure alignment of investigative requirements for
suitability determinations and security clearances to reduce
duplication in investigations;
``(3) oversee the establishment of requirements for
enterprise information technology;
``(4) oversee the development of techniques and tools,
including information technology, for enhancing background
investigations and eligibility determinations and ensure that
such techniques and tools are utilized;
``(5) ensure that each agency and department of the United
States establishes and utilizes policies for ensuring
reciprocal recognition of clearances that allow access to
classified information granted by all other agencies and
departments;
``(6) ensure sharing of best practices among agencies and
departments of the United States;
``(7) hold each agency and department of the United States
accountable for the implementation of suitability, security,
and, as appropriate, contractor employee fitness processes and
procedures; and
``(8) hold each agency and department of the United States
accountable for recognizing clearances that allow access to
classified information granted by all other agencies and
departments of the United States.
``(f) Assignment of Duties.--The Chair may assign, in whole or in
part, to the head of any agency or department of the United States,
solely or jointly, any duty of the Council relating to--
``(1) alignment and improvement of investigations and
determinations of suitability;
``(2) determinations of contractor employee fitness; and
``(3) determinations of eligibility--
``(A) for logical access to federally controlled
information systems;
``(B) for physical access to federally controlled
facilities;
``(C) for access to classified information; or
``(D) to hold a sensitive position.''.
SEC. 5. STRATEGIC PLAN FOR REFORM.
Title III of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 435b et seq.), as amended by section 4, is further
amended by adding at the end the following new section:
``SEC. 3004. SECURITY CLEARANCE AND SUITABILITY REFORM STRATEGIC PLAN.
``(a) Requirement for Plan.--Not later than 90 days after the date
of the enactment of the Security Clearance Modernization and Reporting
Act of 2009, the Security Clearance and Suitability Performance
Accountability Council established in section 3003 shall develop a
strategic plan that identifies the causes of problems with the issuance
of security clearances and a description of actions to be taken to
correct such problems.
``(b) Contents.--The plan required by subsection (a) shall include
a description of--
``(1) the clear mission and strategic goals of the plan;
``(2) performance measures to be used to determine the
effectiveness of security clearance procedures, including
measures for the quality of security clearance investigations
and adjudications;
``(3) a formal communications strategy related to the
issuance of security clearances;
``(4) the roles and responsibilities for agencies
participating in security clearance reform efforts; and
``(5) the long-term funding requirements for security
clearance reform efforts.
``(c) Submission to Congress.--The plan required by subsection (a)
shall be submitted to the appropriate committees of Congress.
``(d) Government Accountability Office Review.--The plan required
by subsection (a) shall be reviewed by the Comptroller General of the
United States following its submission to the appropriate committees of
Congress under subsection (c).''.
SEC. 6. INFORMATION TECHNOLOGY STRATEGY.
Title III of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 435b et seq.), as amended by sections 4 and 5, is
further amended by adding at the end the following new section:
``SEC. 3005. INFORMATION TECHNOLOGY STRATEGY.
``(a) Requirement for Strategy.--Not later than 120 days after the
date of the enactment of the Security Clearance Modernization and
Reporting Act of 2009, the Director of the Office of Management and
Budget shall submit to the appropriate committees of Congress an
information technology strategy that describes the plans to expedite
investigative and adjudicative processes, verify standard information
submitted as part of an application for a security clearance, and
provide security clearance and suitability determination reform
consistent with the strategy required by section 3004(a), by carrying
out the Enterprise Information Technology Strategy referred to in the
Report of the Joint Security and Suitability Reform Team, dated
December 30, 2008.
``(b) Content.--The strategy required by subsection (a) shall
include--
``(1) a description of information technology required to
request a security clearance or suitability investigation;
``(2) a description of information technology required to
apply for a security clearance or suitability investigation;
``(3) a description of information technology systems
needed to support such investigations;
``(4) a description of information technology required to
transmit common machine readable investigation files to
agencies for adjudication;
``(5) a description of information technology required to
support agency adjudications of security clearance and
suitability determinations;
``(6) a description of information technology required to
support continuous evaluations;
``(7) a description of information technology required to
implement a single repository containing all security clearance
and suitability determinations of each agency and department of
the United States that is accessible by each such agency and
department in support of ensuring reciprocal recognition of
access to classified information among such agencies and
departments;
``(8) a description of the efforts of the Security
Clearance and Suitability Performance Council established in
section 3003, and each of the Department of Defense, the Office
of Personnel Management, and the Office of the Director of
National Intelligence to carry out the strategy submitted under
subsection (a);
``(9) the plans of the agencies and departments of the
United States to develop, implement, fund, and provide
personnel to carry out the strategy submitted under subsection
(a);
``(10) cost estimates to carry out the strategy submitted
under subsection (a); and
``(11) a description of the schedule for carrying out the
strategy submitted under subsection (a).''.
SEC. 7. TECHNICAL AND CLERICAL AMENDMENTS.
(1) Technical correction.--The table of contents in section
1(b) of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) is amended by adding
after the item relating to section 3001 the following:
``Sec. 3002. Security clearances; limitations.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Intelligence Reform and Terrorism Prevention Act of
2004, as amended by paragraph (1), is further amended by adding
after the item relating to section 3002, as added by such
paragraph, the following:
``Sec. 3003. Security Clearance and Suitability Performance
Accountability Council.
``Sec. 3004. Security clearance and suitability reform strategic plan.
``Sec. 3005. Information technology strategy.''. | Security Clearance Modernization and Reporting Act of 2009 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend national security clearance report requirements to the earlier of two years after the Comptroller General has removed all security clearance-related items from the list known as the High-Risk List, or 2017. (Under current law, such report requirement runs through 2011.) Adds to required report information a description of the full range of time required to complete initial clearance applications.
Establishes the Security Clearance and Suitability Performance Accountability Council to perform specified duties, and oversee the development of techniques, relating to the enhancement of applicant suitability determinations and security clearances, including holding each U.S. agency accountable for its security procedures.
Directs the Council to develop and submit to Congress a strategic plan that identifies the causes of problems with the issuance of security clearances and a description of corrective actions to address such problems.
Requires the Director of the Office of Management and Budget (OMB) to submit to Congress an information technology strategy for expediting the security clearance process and for providing security clearance and suitability determination reform consistent with the Report of the Joint Security and Suitability Reform Team, dated December 20, 2008. | {"src": "billsum_train", "title": "A bill to amend the Intelligence Reform and Terrorism Prevention Act of 2004 to establish a Security Clearance and Suitability Performance Accountability Council and for other purposes."} | 3,611 | 270 | 0.435895 | 1.232803 | 0.745328 | 4.214912 | 14.824561 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Office of Examination Ombudsman
describing with particularity the reasons that a longer period
is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
SEC. 3. EXAMINATION STANDARDS.
(a) In General.--The Federal Financial Institutions Examination
Council Act of 1978 is further amended by adding after section 1012 the
following:
``SEC. 1013. EXAMINATION STANDARDS.
``(a) In General.--In the examination of financial institutions--
``(1) a commercial loan shall not be placed in non-accrual
status solely because the collateral for such loan has
deteriorated in value;
``(2) a modified or restructured commercial loan shall be
removed from non-accrual status if the borrower demonstrates
the ability to perform on such loan over a maximum period of 6
months, except that with respect to loans on a quarterly,
semiannual, or longer repayment schedule such period shall be a
maximum of 3 consecutive repayment periods;
``(3) a new appraisal on a performing commercial loan shall
not be required unless an advance of new funds is involved;
``(4) in classifying a commercial loan in which there has
been deterioration in collateral value, the amount to be
classified shall be the portion of the deficiency relating to
the decline in collateral value and repayment capacity of the
borrower.
``(b) Well Capitalized Institutions.--The Federal financial
institutions regulatory agencies may not require a financial
institution that is well capitalized to raise additional capital in
lieu of an action prohibited under subsection (a).
``(c) Consistent Loan Classifications.--The Federal financial
institutions regulatory agencies shall develop and apply identical
definitions and reporting requirements for non-accrual loans.''.
(b) Definition of Material Supervisory Determination.--Section
309(f)(1)(A) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4806(f)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end; and
(2) by inserting after clause (iii) the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and''.
SEC. 4. EXAMINATION OMBUDSMAN.
(a) In General.--The Federal Financial Institutions Examination
Council Act of 1978 is further amended by adding after section 1013 the
following:
``SEC. 1014. OFFICE OF EXAMINATION OMBUDSMAN.
``(a) Establishment.--There is established in the Council an Office
of Examination Ombudsman.
``(b) Head of Office.--There is established the position of the
Ombudsman, who shall serve as the head of the Office of Examination
Ombudsman, and who shall be hired separately by the Council and shall
be independent from any member agency of the Council.
``(c) Staffing.--The Ombudsman is authorized to hire staff to
support the activities of the Office of Examination Ombudsman.
``(d) Duties.--The Ombudsman shall--
``(1) receive and, at the Ombudsman's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) review examination procedures of the Federal
financial institutions regulatory agencies to ensure that the
written examination policies of those agencies are being
followed in practice and adhere to the standards for
consistency established by the Council;
``(4) conduct a continuing and regular program of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) process any supervisory appeal initiated under
section 1015 or section 309(e) of the Riegle Community
Development and Regulatory Improvement Act of 1994; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(e) Confidentiality.--The Ombudsman shall keep confidential all
meetings, discussions, and information provided by financial
institutions.''.
(b) Definition.--Section 1003 of the Federal Financial Institutions
Examination Council Act of 1978 is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(4) the term `Ombudsman' means the Ombudsman established
under section 1014(a).''.
SEC. 5. RIGHT TO APPEAL BEFORE AN INDEPENDENT ADMINISTRATIVE LAW JUDGE.
The Federal Financial Institutions Examination Council Act of 1978
is further amended by adding after section 1014 the following:
``SEC. 1015. RIGHT TO APPEAL BEFORE AN INDEPENDENT ADMINISTRATIVE LAW
JUDGE.
``(a) In General.--A financial institution shall have the right to
appeal a material supervisory determination contained in a final report
of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking an appeal
under this section shall file a written notice with the
Ombudsman within 60 days after receiving the final report or
examination that is the subject of such appeal.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the appeal, and a statement of the reasons why
the institution believes that the determination is incorrect or
should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Hearing Before Independent Administrative Law Judge.--
``(1) In general.--The Ombudsman shall determine the merits
of the appeal on the record, after an opportunity for a hearing
before an independent administrative law judge.
``(2) Hearing procedures.--If a hearing is requested by the
financial institution, the hearing shall--
``(A) take place not later than 60 days after the
notice of the appeal was received by the Ombudsman; and
``(B) be conducted pursuant to the procedures set
forth under sections 556 and 557 of title 5, United
States Code.
``(3) Judge recommendation; standard of review.--In any
hearing under this subsection--
``(A) the administrative law judge shall recommend
to the Ombudsman what determination should be made; and
``(B) in making such recommendation, the
administrative law judge shall not defer to the
opinions of the examiner or agency, but shall
independently determine the appropriateness of the
agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance.
``(d) Final Decision.--A decision by the Ombudsman on an appeal
under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) be final agency action and shall bind the agency
whose supervisory determination was the subject of the appeal
and the financial institution making the appeal.
``(e) Report.--The Ombudsman shall report annually to the Committee
on Financial Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate on actions taken on
appeals under this section, including the types of issues that
financial institutions have appealed and the results of those appeals.
In no case shall such a report contain information about individual
financial institutions or any confidential or privileged information
shared by financial institutions.
``(f) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party, for
exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.''.
SEC. 6. ADDITIONAL AMENDMENTS.
(a) Riegle Community Development and Regulatory Improvement Act of
1994.--Section 309 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4806), is amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant
from retaliation by agency examiners'' and inserting
``the insured depository institution or insured credit
union from retaliation by the agencies referred to in
subsection (a)''; and
(B) by adding at the end the following flush-left
text:
``For purposes of this subsection and subsection (e), retaliation
includes delaying consideration of, or withholding approval of, any
request, notice, or application that otherwise would have been
approved, but for the exercise of the institution's or credit union's
rights under this section.''; and
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''.
(b) Federal Deposit Insurance Act.--Section 18(x) of the Federal
Deposit Insurance Act (12 U.S.C. 1828(x)) is amended by inserting ``the
Bureau of Consumer Financial Protection,'' before ``any Federal banking
agency'' each place such term appears.
(c) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place such term appears.
(d) Technical Corrections.--The Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003(1), by striking ``the Office of Thrift
Supervision,''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''. | Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination.
Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program.
Sets forth examination standards for financial institutions.
Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards.
Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman.
Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination.
Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge.
Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal.
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights. | {"src": "billsum_train", "title": "To improve the examination of depository institutions, and for other purposes."} | 2,864 | 377 | 0.628771 | 1.835046 | 0.824206 | 4.347561 | 7.79878 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Government Officer Benefit
Limitation Act of 1993''.
SEC. 2. PROHIBITION OF PERSONAL OR POLITICAL USE OF UNITED STATES
GOVERNMENT AIRCRAFT.
(a) In General.--(1) Notwithstanding any other provision of law, no
aircraft which is owned or leased by the United States Government
(including military aircraft) may be used for--
(A) any personal, political, or authorized special use
travel; or
(B) any official travel which is mixed with personal or
political activities.
(2) For purposes of this section the term ``authorized special
use'' means use of a Government aircraft for the travel of an executive
agency officer or employee, where the use of the Government aircraft is
required because of bona fide communications or security needs of the
agency or exceptional scheduling requirements.
(b) Exceptions.--Subsection (a) shall not apply to use of aircraft
by--
(1) the President or his immediate family (subject to
reimbursement as provided under law);
(2) the Vice President or his immediate family if the full
costs, including the costs of operating and maintaining such
aircraft, for such travel are reimbursed to the United States
Government; or
(3) civilian personnel and their dependents in remote
locations for space available travel as authorized under
section 4744 of title 10, United States Code.
(c) Certain Political Travel.--Notwithstanding any other provision
of law or regulation, the reimbursement for political travel on
Government aircraft during a Presidential election campaign shall be
the commercial equivalent rate for applicable charter aircraft for such
travel.
(d) Reports on Use.--(1) Each executive agency which maintains or
uses Government owned or leased aircraft (including military aircraft)
shall--
(A) require each traveler, except immediate family members
and the spouse of such a traveler who is a Federal officer or
employee, to certify that any travel on such aircraft is
necessary for official purposes; and
(B) beginning on April 15, 1993, and on the fifteenth day
of every third month thereafter, submit a report to the
Administrator of the General Services Administration with
regard to the preceding 3-month period that--
(i) certifies that the use of such aircraft
complied with Office of Management and Budget Circular
A-126 as modified by the provisions of this Act; and
(ii) identifies each traveler on such aircraft.
(2) After the receipt of each report, the Administrator shall
review each certification to ensure that the use of such aircraft
complied with Office of Management and Budget Circular A-126 as
modified. The Administrator shall make the information in any such
report available to the public.
(e) Legislative Agencies.--Each agency in the legislative branch of
the Government (including each office and committee of the Congress)
shall submit reports comparable to the reports submitted under
subsection (c), with the appropriate administrative office of such
agency. The reports submitted under this subsection shall be made
available to the public for inspection.
SEC. 3. GOLF COURSES.
(a) Limitation.--No funds appropriated or otherwise made available
to any agency may be expended to equip, operate, or maintain any golf
course owned or operated by an agency. Any such golf course shall be
operated by concessionaire contract and open to use by the general
public.
(b) Exception.--Subsection (a) shall not apply to--
(1) any golf course located in a remote or isolated area or
those for the use of patients or residents at Veterans'
Administration Hospitals, United States Soldiers' and Airmen's
Home, or the National Institutes of Health; or
(2) funds made available from gift funds or representation
funds for activities authorized under law.
(c) Use of Funds.--No more than 10 percent of the gross revenues
generated from the operations of any golf course to which subsection
(a) applies may be retained by the contracting military base to support
morale, welfare or recreational purposes of the personnel at such base.
The Secretary of Defense shall submit annual reports to the Congress
which identify in detail how the funds retained have been expended. The
Secretary of Defense is authorized to subsidize the golf fees for
active and retired enlisted personnel utilizing such contracted courses
and give priority access for military personnel.
(d) Effective Date.--The provisions of this section shall take
effect no later than June 1, 1993.
SEC. 4. EXECUTIVE DINING FACILITIES.
No funds appropriated or otherwise made available to any executive
agency may be expended to subsidize the costs to equip, operate, or
maintain dining rooms or kitchen facilities for the exclusive use of
senior Government officers or to purchase or prepare food for
consumption by such officers. This section shall not apply to dining
rooms, facilities, or food for--
(1) the exclusive use or consumption of the President of
the United States or his immediate family; or
(2) use to carry out the official representational
functions of the President or for those official activities
conducted by executive branch departments or agencies for which
representation funds have been authorized and appropriated.
SEC. 5. LUXURY VEHICLES FOR TRANSPORTING GOVERNMENT OFFICERS.
(a) Luxury Vehicles.--No funds appropriated or otherwise made
available to any agency or the Congress may be expended to acquire,
through lease or purchase, luxury vehicles for the purpose of
transporting senior Government officers, except for--
(1) a Government officer as authorized under section 1344
of title 31, United States Code;
(2) a Government officer who holds the office of Assistant
Secretary or higher;
(3) the head of any executive agency and the second highest
ranking officer in such agency;
(4) officials commissioned by the President or paid at a
rate of pay equal to or greater than the rate payable for level
IV of the Executive Schedule in the Executive Office of the
President; or
(5) Members of Congress serving in leadership positions
(including any former President pro tempore of the Senate) or
elected or appointed officers of the Congress.
(b) Drivers.--(1) Subject to paragraph (2), no funds appropriated
or otherwise made available to any agency may be expended to employ
drivers for the exclusive use of transporting senior Government
officers, except the officers described under subsection (a)(1) through
(5).
(2) The provisions of this subsection shall not be construed to
prohibit the expenditure of funds to employ drivers of multipassenger
vehicles, such as vans or buses, which are not luxury vehicles.
(c) Purchase or Lease of Luxury Vehicles.--The General Services
Administration, in consultation with the Office of Management and
Budget shall prescribe regulations and uniform guidelines for all
executive agencies for the purchase or lease of luxury vehicles for or
by the United States Government, that shall ensure the least cost to
the United States Government. On October 1, 1993, and on October 1 of
each year thereafter, the General Services Administration shall submit
a report to the Congress on--
(1) executive agency compliance with such regulations;
(2) the number of all vehicles purchased or leased by each
executive agency;
(3) the costs of executive agency vehicle purchases or
leases;
(4) the type of each such executive agency vehicle and the
purpose for which it is used; and
(5) the identification of executive agency Federal officers
and employees who used such vehicles.
(d) Legislative Agencies.--Each agency in the legislative branch of
the Government (including each office and committee of the Congress)
shall submit reports comparable to reports submitted under subsection
(c) with the appropriate administrative offices of such agency.
(e) Definition.--For purposes of this section the term ``luxury
vehicle'' means a vehicle that is--
(1) a class IV or V sedan (as classified under section 101-
38.101-1 of title 41 of the Code of Federal Regulations as in
effect on the date of the enactment of this Act) or other large
sedan-type vehicle with above standard features; and
(2) owned or leased by the United States Government.
(f) Exception.--The provisions of this section shall not apply with
regard to emergency vehicles or vehicles equipped for law enforcement
purposes.
(g) Regulations.--The Administrator of General Services shall issue
regulations subject to the approval of the Office of Management and
Budget, to implement the provisions of this section for executive
agencies.
SEC. 6. PHYSICAL FITNESS FACILITIES.
(a) Costs and Fees.--Subject to the provisions of subsection (c),
no appropriated funds made available to any executive or legislative
agency (including any office or committee of the Congress) shall be
expended for the costs of membership or other fees for the use of
physical fitness facilities, including exercise equipment and classes.
(b) Administrative Leave.--No executive or legislative agency
(including any office or committee of the Congress) may grant
administrative leave to an employee for the purpose of physical fitness
activities, except with regard to an employee described under
subsection (c).
(c) Exception.--(1) The provisions of subsections (a) and (b) shall
not apply to any agency with regard to--
(A) employees in positions which require such employees to
meet physical fitness standards as a condition of employment;
or
(B) benefits provided to employees under a collective
bargaining agreement.
(2) Funds for purposes described under subsection (a), may be
expended only for the costs of maintaining the physical fitness of such
employees.
(d) Definition.--For purposes of this section the term ``physical
fitness facility'' means any facility used for physical exercise that
provides equipment and services for such use in addition to lockers and
showers.
SEC. 7. MEDICAL SERVICES.
(a) Limitation.--No funds appropriated or otherwise made available
to an executive or legislative agency may be used for the provision of
medical services provided by the Public Health Service, the employing
agency, any other Federal agency or other medical service provider to a
Government officer or employee.
(b) Exception.--Subsection (a) shall not apply to medical
services--
(1) provided by agencies to Government officers or
employees in cases of emergency;
(2) determined by the head of an agency to be in the best
interest of the agency such as occupational health and safety
programs, preventive health care, or environmental safety
programs;
(3) provided to uniformed military personnel and military
retirees under law;
(4) including medical and dental care provided under
section 1074 of title 10, United States Code, and regulations
issued pursuant thereto;
(5) agency contributions for employee health plans under
chapter 89 of title 5, United States Code, or any other
provision of law; or
(6) services required under the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.).
(c) Regulations.--The Secretary of Health and Human Services and
the Department of Defense, in consultation with the Office of Personnel
Management, shall issue regulations for executive agencies that provide
additional guidance including uniform fee schedules, as appropriate, to
implement this section.
SEC. 8. SOUVENIRS.
(a) Limitation.--No funds appropriated or otherwise made available
to any executive or legislative agency or Congress may be used for the
purchase or distribution of souvenirs.
(b) Exception.--Subsection (a) shall not apply to those tokens or
mementos authorized--
(1) in guidelines to be issued by the Director of the
Office of Management and Budget prepared in consultation with
the Comptroller General of the United States; or
(2) by law or resolution of the Congress.
SEC. 9. REDUCTION OF NONCAREER SENIOR EXECUTIVE SERVICE POSITIONS AND
SCHEDULE C POSITIONS.
(a) Limitations.--The total number of Senior Executive Service
positions in all executive agencies filled by noncareer appointees and
the total number of positions in all executive agencies of a
confidential or policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal Regulations,
shall each be reduced--
(1) on no later than October 1, 1993, by 5 percent of the
respective total numbers of such positions as existed on
September 30, 1991;
(2) on no later than October 1, 1994, by an additional 5
percent of the respective total numbers of such positions as
existed on September 30, 1991; and
(3) on no later than October 1, 1995, and thereafter, by an
additional 5 percent of the respective total numbers of such
positions as existed on September 30, 1991.
(b) Conforming Amendments.--(1) Section 3133 of title 5, United
States Code, is amended by adding at the end thereof the following new
subsection:
``(f) This section is subject to the limitations of section 9 of
the Senior Government Officer Benefit Limitation Act of 1993.''.
(2) Section 3134 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
``(f) This section is subject to the limitations of section 9 of
the Senior Government Officer Benefit Limitation Act of 1993. The
provisions of this subsection shall apply notwithstanding any other
provision of this section. In the administration of this section, the
percentages referred to in subsections (b), (c), (d), and (e) (relating
to authority to employ certain appointees) shall each be reduced as
necessary to carry out the provisions of this subsection.''.
SEC. 10. DEFINITIONS.
For purposes of this Act the term--
(1) ``executive agency'' means an Executive agency as such
term is defined under section 105 of title 5, United States
Code (except for the General Accounting Office) and includes
the Executive Office of the President; and
(2) ``senior Government officer'' means any person--
(A) employed at a rate of pay specified in or fixed
according to subchapter II of chapter 53 of title 5,
United States Code;
(B) employed in a position in an executive agency,
including any independent agency, at a rate of pay
payable for level I of the Executive Schedule or
employed in the Executive Office of the President at a
rate of pay payable for level II of the Executive
Schedule;
(C) employed in an executive agency in a position
that is not referred to under paragraph (1) (other than
a position that is subject to pay adjustment under
section 1009 of title 37, United States Code) and for
which the basic rate of pay, exclusive of any locality-
based pay adjustment under section 5304 of title 5,
United States Code (or any comparable adjustment
pursuant to interim authority of the President), is
equal to or greater than the rate of basic pay payable
for level V of the Executive Schedule;
(D) appointed by the President to a position under
section 105(a)(2) (A) or (B) of title 3, United States
Code, or by the Vice President to a position under
section 106(a)(1) (A) or (B) of title 3, United States
Code; or
(E) who is a Member of Congress, or an elected or
appointed officer of the Congress.
SEC. 11. REPORT.
(a) In General.--No later than September 30, 1994, and on September
30 of each year thereafter the Office of Management and Budget shall
submit a report to the Congress on the compliance of the executive
branch of Government with the provisions of this Act.
(b) Senior Position Reductions.--No later than September 30, 1993,
and again on September 30, 1994, the Office of Management and Budget
shall submit a report to the Congress on the compliance of the
executive branch of Government with the provisions of section 8 of this
Act.
SEC. 12. GIFT FUNDS.
In the administration of sections 3, 4, 5 and 8, restrictions on
expenditures shall not be deemed to apply to gift funds that an agency
is otherwise authorized to collect under law.
SEC. 13. REGULATIONS.
Except as otherwise provided by this Act, regulations implementing
the provisions of this Act shall be promulgated--
(1) by the President, or his designee, with regard to each
executive agency; and
(2)(A) by the Majority Leader and Minority Leader of the
Senate, or their designee, with regard to each office and
committee of the Senate;
(B) by the Speaker of the House of Representatives, or his
designee, with regard to each office and committee of the House
of Representatives; and
(C) by the Majority Leader and Minority Leader of the
Senate and the Speaker of the House of Representatives, or
their designee, with regard to any joint committee of the
Congress, or any agency of the legislative branch of
Government.
SEC. 14. NONAPPLICABILITY.
The provisions of this Act shall not apply to the judicial branch
of the Government.
SEC. 15. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act shall be effective on and after October 1, 1993.
(b) Exception.--The President, the Office of Management and Budget,
and the Office of Personnel Management shall take such necessary
actions on and after the date of the enactment of this Act to carry out
the provisions of sections 9(a) and 11(b) of this Act.
S 234 IS----2 | Senior Government Officer Benefit Limitation Act of 1993 - Prohibits the use of aircraft owned or leased by the Federal Government for: (1) any personal, political, or authorized special use travel; or (2) any official travel mixed with personal or political activities. Lists exceptions to such prohibition, which include the President, Vice President, and their families, if they reimburse the Federal Government for the travel. Requires the reimbursement for political travel on Government aircraft during a Presidential election campaign to be the commercial equivalent rate for applicable charter aircraft. Requires agency reports on the use of Government owned or leased aircraft.
Prohibits the expenditure of Federal agency funds to equip, operate, or maintain any golf course owned or operated by an agency, except under certain circumstances. Requires any such golf course to be operated by concessionaire contract and be open to the general public. Limits use of golf course revenues.
Prohibits the expenditure of Federal agency funds to: (1) subsidize dining rooms, kitchen facilities, or food preparation for the exclusive use of senior Government officers, except in certain circumstances; (2) acquire luxury vehicles to transport senior Government officers, except for cabinet officers and executive agency heads, among others; or (3) employ drivers for the exclusive use of transporting any senior Government officers except those specified.
Requires the General Services Administration to prescribe regulations and uniform guidelines for all executive agencies for the purchase or lease of luxury vehicles that ensure the least cost of the Government.
Sets forth additional limitations on other perquisites, namely: (1) physical fitness facilities; (2) medical services; and (3) souvenirs.
Establishes a schedule for reductions in executive agency noncareer Senior Executive Service positions and Schedule C positions. | {"src": "billsum_train", "title": "Senior Government Officer Benefit Limitation Act of 1993"} | 3,694 | 361 | 0.640813 | 2.101637 | 0.836137 | 3.549708 | 10.482456 | 0.900585 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``VA Expiring
Authorities Extension Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.
Sec. 4. Extension of authorization of appropriations for payment of a
monthly assistance allowance to disabled veterans training or
competing in large-scale adaptive sports programs.
Sec. 5. Reauthorization and modification of adaptive sports assistance
program.
Sec. 6. Extension of authority to transport certain individuals to and
from Department of Veterans Affairs facilities.
Sec. 7. Extension of authority for operation of the Department of
Veterans Affairs regional office in Manila, the Republic of
the Philippines.
Sec. 8. Extension of requirement to provide nursing home care to certain
veterans with service-connected disabilities.
Sec. 9. Extension of treatment and rehabilitation services for seriously
mentally ill and homeless veterans.
Sec. 10. Extension of authority to provide housing assistance for
homeless veterans.
Sec. 11. Extension of authority for the Advisory Committee on Homeless
Veterans.
Sec. 12. Extension of authority for the Veterans' Advisory Commission on
Education.
Sec. 13. Extension of requirements relating to vendee loans.
Sec. 14. Extension of authority for the performance of medical
disabilities examinations by contract physicians.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 3. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 4. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR PAYMENT OF A
MONTHLY ASSISTANCE ALLOWANCE TO DISABLED VETERANS TRAINING OR COMPETING
IN LARGE-SCALE ADAPTIVE SPORTS PROGRAMS.
(a) Reauthorization and Use of Certain Funds.--Subsection (d)(4) of
section 322 is amended by striking ``through 2013'' and all that
follows and inserting ``through 2015.''.
(b) Cooperation With Organization.--Subsection (b)(4) of such
section is amended by striking ``cooperate with the United States
Olympic Committee'' and all that follows through ``its partners;'' and
inserting ``cooperate with entities with significant experience in
managing large-scale adaptive sports programs;''.
(c) Applicability to Commonwealths and Territories of the United
States.--Such section is further amended by redesignating subsection
(e) as subsection (f) and inserting after subsection (d) the following
new subsection (e):
``(e) Applicability to Commonwealths and Territories of the United
States.--The provisions of this subsection shall apply in the same
manner and to the same degree as to the United States Olympic Committee
to the Paralympic sport entities the Secretary considers appropriate to
represent the interests of each of the following:
``(1) American Samoa.
``(2) Guam.
``(3) Puerto Rico.
``(4) The Northern Mariana Islands.
``(5) The United States Virgin Islands.''.
SEC. 5. REAUTHORIZATION AND MODIFICATION OF ADAPTIVE SPORTS ASSISTANCE
PROGRAM.
(a) Reauthorization.--Subsection (a) of section 521A is amended to
read as follows:
``(a) Adaptive Sports Program.--(1) The Secretary may carry out a
program under which the Secretary may make grants to eligible entities
for planning, developing, managing, and implementing programs to
provide adaptive sports opportunities for disabled veterans and
disabled members of the Armed Forces.
``(2) For purposes of this section, an eligible entity is an entity
with significant experience in managing a large-scale adaptive sports
program.''.
(b) Additional Application Requirements.--Subsection (c)(2)(A) of
such section is amended--
(1) by striking ``of all partnerships'' and all that follows
through the end and inserting ``of--''; and
(2) by adding at the end the following new clauses:
``(i) all partnerships referred to in paragraph (3) at the
national and local levels that will be participating in such
activities and the amount of grant funds that the eligible
entity proposes to make available for each of such
partnerships;
``(ii) the anticipated personnel, travel, and
administrative costs that will be paid for by the eligible
entity using grant funds;
``(iii) the financial controls implemented by the eligible
entity, including methods to track expenditures of grant funds;
``(iv) the performance metrics to be used by the eligible
entity to evaluate the effectiveness of the activities to be
carried out using grant funds; and
``(v) the anticipated personnel, travel, and administrative
costs that will be paid for by grantees under this subsection
using grant funds; and''.
(c) Use of Funds for Administrative Expenses.--Paragraph (4) of
subsection (d) of such section is amended to read as follows:
``(4)(A) At the discretion of the Secretary, an eligible entity
that receives a grant under this section may use a portion of the grant
for the administrative expenses and personnel expenses of the eligible
entity. The amount that may be used for such expenses may not exceed--
``(i) in the case of a grant made for adaptive sports
opportunities taking place during fiscal year 2014, 10 percent of
the total amount of the grant;
``(ii) in the case of a grant made for adaptive sports
opportunities taking place during fiscal year 2015, 7.5 percent of
the total amount of the grant; and
``(iii) in the case of a grant made for adaptive sports
opportunities taking place during any subsequent fiscal year, 5
percent of the total amount of the grant.
``(B) For purposes of this paragraph, personnel expenses include
any costs associated with an employee of the eligible entity other than
reimbursement for time spent by such an employee directly providing
coaching or training for disabled veterans or members of the Armed
Forces.''.
(d) Funding.--Subsection (g) of such section is amended--
(1) by striking ``There is'' and inserting ``(1) There is'';
(2) by striking ``through 2013'' and all that follows and
inserting ``through 2015.''; and
(3) by adding at the end the following new paragraph:
``(2) Amounts appropriated pursuant to this subsection shall remain
available without fiscal year limitation.''.
(e) Reauthorization.--Subsection (l) of such section is amended by
striking ``may not provide assistance under this section after December
31, 2013'' and inserting ``may only provide assistance under this
section for adaptive sports opportunities occurring during fiscal years
2010 through 2016''.
(f) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the use of the
grants, if any, awarded under section 521A of title 38, United States
Code, as amended by this section, during the first program year that
begins after the date of the enactment of this Act. Such report shall
include each of the following:
(1) An assessment of how the Secretary of Veterans Affairs,
eligible entities that received grants under such section, and
grantees under subsection (c) of such section have provided
adaptive sports opportunities to veterans and members of the Armed
Forces through grants awarded under such section.
(2) An assessment of how the Secretary oversees the use of
funds provided under such section.
(3) A description of the benefit provided to veterans and
members of the Armed Forces through programs and activities
developed through grants awarded under such section.
(g) Technical and Conforming Amendments.--Section 521A, as amended
by this section, is further amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``the United States
Olympic Committee'' and inserting ``an eligible entity''; and
(B) in the second sentence, by striking ``The United States
Olympic Committee'' and inserting ``An eligible entity that
receives a grant under this section'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``the United States Olympic Committee''
the first time it appears and inserting ``an eligible
entity''; and
(ii) by striking ``the United States Olympic
Committee'' the second time it appears and inserting ``the
eligible entity''; and
(B) in paragraphs (2) and (3), by striking ``the United
States Olympic Committee'' each place it appears and inserting
``the eligible entity'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``The United States Olympic Committee''
and inserting ``An eligible entity that receives a grant
under this section,'';
(ii) by striking ``a grant under this section'' and
inserting ``the grant''; and
(iii) by striking ``the United States Olympic
Committee'' and inserting ``the eligible entity''; and
(B) in paragraph (5), by striking ``the United States
Olympic Committee'' and inserting ``an eligible entity that
receives a grant under this section'';
(4) in subsection (e)--
(A) by striking ``the United States Olympic Committee'' and
inserting ``an eligible entity''; and
(B) by striking ``the integrated adaptive sports program''
and inserting ``the adapted sports opportunities funded by the
grant'';
(5) in subsection (f), by striking ``the integrated adaptive
sports program'' and inserting ``adapted sports opportunities
funded under this section''; and
(6) in subsection (j)--
(A) in paragraph (1)--
(i) by striking ``the United States Olympic Committee''
the first place it appears and inserting ``an eligible
entity'';
(ii) by striking ``the United States Olympic
Committee'' the second place it appears and inserting ``the
eligible entity'';
(iii) by striking ``the integrated adaptive sports
program,'' and inserting ``the adapted sports opportunities
funded by the grant,''; and
(iv) by striking ``the integrated adaptive sports
program.'' and inserting ``such opportunities and
programs.'';
(B) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) If an eligible entity that receives a grant under this
section for any fiscal year does not submit the report required by
paragraph (1) for such fiscal year, the entity shall not be eligible to
receive a grant under this section for the subsequent fiscal year.'';
and
(7) by striking subsection (m).
(h) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 521A. Adaptive sports programs for disabled veterans and members
of the Armed Forces''.
(2) Table of sections.--The table of sections at the beginning
of chapter 5 is amended by striking the item relating to section
521A and inserting the following new item:
``512A. Adaptive sports programs for disabled veterans and members of
the Armed Forces.''.
(i) Implementation.--To ensure the uninterrupted provision of
adaptive sports for disabled veterans and disabled members of the Armed
Forces, any regulations that the Secretary of Veterans Affairs
determines are necessary to implement the amendments made by this
section may be promulgated by interim final rules to ensure the award
of grants under section 521A of title 38, United States Code, as
amended by this section, before the end of fiscal year 2014.
SEC. 6. EXTENSION OF AUTHORITY TO TRANSPORT CERTAIN INDIVIDUALS TO AND
FROM DEPARTMENT OF VETERANS AFFAIRS FACILITIES.
Section 111A(a)(2) is amended by striking ``the date that is one
year after the date of the enactment of this section'' and inserting
``December 31, 2014''.
SEC. 7. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF
VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE
PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
SEC. 8. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE TO
CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 1710A(d) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
SEC. 9. EXTENSION OF TREATMENT AND REHABILITATION SERVICES FOR
SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS.
(a) General Treatment.--Section 2031(b) is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(b) Additional Services at Certain Locations.--Section 2033(d) is
amended by striking ``December 31, 2013'' and inserting ``December 31,
2014''.
SEC. 10. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR
HOMELESS VETERANS.
Section 2041(c) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
SEC. 11. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON
HOMELESS VETERANS.
Section 2066(d) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
SEC. 12. EXTENSION OF AUTHORITY FOR THE VETERANS' ADVISORY COMMISSION
ON EDUCATION.
Section 3692(c) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
SEC. 13. EXTENSION OF REQUIREMENTS RELATING TO VENDEE LOANS.
Section 3733(a)(7) is amended by striking ``September 30, 2013''
each place it appears and inserting ``September 30, 2014''.
SEC. 14. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF MEDICAL
DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public Law
108-183; 38 U.S.C. 5101 note) is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on December 10, 2013. VA Expiring Authorities Extension Act of 2013 - (Sec. 4) Extends through FY2015 the authorization of appropriations to the Department of Veterans Affairs (VA) for: (1) payment by the VA Secretary of a monthly assistance allowance to disabled veterans (veterans) and members of the Armed Forces (members) training or competing for the U.S. Paralympic Team, and (2) a program for establishing and carrying out related programs and events. (Sec. 5) Allows any entity with significant experience in managing large-scale adaptive sports programs (under current law, only the United States Olympic Committee) to receive VA grants for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for veterans and members. Extends funding assistance to include any such opportunities occurring during FY2010-FY2016. Requires a report from the Comptroller General on the use of such funds during the first program year after the date of enactment of this Act. (Sec. 6) Extends through 2014: (1) VA authority to transport individuals to and from VA facilities in connection with vocational rehabilitation, counseling, examination, treatment, or care; (2) VA authority to operate a regional office in the Republic of the Philippines; (3) the VA requirement to provide nursing home care to any veteran with a service-connected disability rated at 70% or more and in need of such care; (4) VA authority to provide treatment, rehabilitation, and related services for seriously mentally ill and homeless veterans; (5) VA authority to provide expanded services and housing assistance to homeless veterans; (6) the Advisory Committee on Homeless Veterans; (7) the Veterans' Advisory Commission on Education; and (8) the temporary authority for the performance of VA medical disability examinations by contract physicians. (Sec. 13) Extends through FY2014 VA requirements resulting from default on VA-guaranteed loans. | {"src": "billsum_train", "title": "VA Expiring Authorities Extension Act of 2013"} | 3,524 | 435 | 0.619391 | 2.177006 | 0.661329 | 2.705729 | 8.122396 | 0.888021 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforestation Tax Act of 1998''.
SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section, the
term `qualified timber gain' means long-term capital gain from the sale
or exchange of timber.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 3 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion of (if any) 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.''
(b) Coordination With Maximum Rates of Tax on Net Capital Gains.--
(1) Subsection (h)(4) of section 1 of such Code (relating
to maximum capital gains rate) is amended by striking ``and''
at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, and'', and by adding
after subparagraph (D) the following new subparagraph:
``(E) qualified timber gain with respect to which
an election is in effect under section 1203.''
(2) Subsection (a) of section 1201 of such Code (relating
to the alternative tax for corporations) is amended by
inserting at the end thereof the following new sentence:
``For purposes of this section, net capital gain shall be determined
without regard to qualified timber gain (as defined in section 1203)
with respect to which an election is in effect under section 1203.''
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by inserting after paragraph (17) the
following new paragraph:
``(18) Partial inflation adjustment for timber.--The
deduction allowed by section 1203.''
(d) Technical Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of such Code is
amended to read as follows:
``(B) the exclusion under section 1202 and the
deduction under section 1203 shall not be allowed.''
(2) The last sentence of section 453A(c)(3) of such Code is
amended by striking ``(whichever is appropriate)'' and
inserting ``or the deduction under section 1203 (whichever is
appropriate)''.
(3) Section 641(d)(2)(C) of such Code is amended by
inserting after clause (iii) the following new clause:
``(iv) The deduction under section 1203.''
(4) The first sentence of section 642(c)(4) of such Code is
amended to read as follows: ``To the extent that the amount
otherwise allowable as a deduction under this subsection
consists of gain described in section 1202(a) or qualified
timber gain (as defined in section 1203(b)), proper adjustment
shall be made for any exclusion allowable under section 1202,
and any deduction allowable under section 1203, to the estate
or trust.''
(5) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The exclusion under section 1202
and the deduction under section 1203 shall not be taken into
account.''
(6) 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 1203 (relating to partial inflation adjustment for
timber) shall not be taken into account''.
(7) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(8) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by striking ``section 1202'' and
inserting ``sections 1202 and 1203''.
(e) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1203. Partial inflation adjustment
for timber.''
(f) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after December 31, 1997.
SEC. 3. AMORTIZATION OF REFORESTATION EXPENDITURES AND REFORESTATION
TAX CREDIT.
(a) Decrease in Amortization Period.--
(1) In general.--Section 194(a) of the Internal Revenue
Code of 1986 is amended by striking ``84 months'' and inserting
``60 months''.
(2) Conforming amendment.--Section 194(a) of such Code is
amended by striking ``84-month period'' and inserting ``60-
month period''.
(b) Remove Cap on Amortizable Basis.--
(1) Section 194 of such Code is amended by striking
subsection (b) and by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(2) Subsection (b) of section 194 of such Code (as
redesignated by paragraph (1)) is amended by striking paragraph
(4).
(3) Paragraph (1) of section 48(b) of such Code is amended
by striking ``(after the application of section 194(b)(1))''.
(c) Effective Date.--The amendments made by this section shall
apply to additions to capital account made after December 31, 1997. | Reforestation Tax Act of 1998 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Decreases the amortization period for reforestation expenditures. | {"src": "billsum_train", "title": "Reforestation Tax Act of 1998"} | 1,490 | 62 | 0.541853 | 1.234095 | 0.81382 | 3.044444 | 29.4 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Old Mint Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Granite Lady played an important role in the
history of the Nation.
(2) The San Francisco Mint was established pursuant to an
Act of Congress of July 3, 1852, to convert miners' gold from
the California gold rush into coins.
(3) The San Francisco Old Mint Building was designed by
architect A.B. Mullett, who also designed the United States
Treasury Building and the Old Executive Office Building.
(4) The solid construction of the Granite Lady enabled it
to survive the 1906 San Francisco earthquake and fire, making
it the only financial institution that was able to operate
immediately after the earthquake as the treasury for disaster
relief funds for the city of San Francisco.
(5) Coins struck at the San Francisco Old Mint are
distinguished by the ``S'' mint mark.
(6) The San Francisco Old Mint is famous for having struck
many rare, legendary issues, such as the 1870-S $3 coin, which
is valued today at well over $1,000,000, and the 1894-S dime
which is comparatively rare.
(7) The San Francisco Old Mint Commemorative Coin will be
the first commemorative coin to honor a United States mint
facility.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--Notwithstanding any other provision of law, and
in commemoration of the San Francisco Old Mint, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the San Francisco Old Mint Building,
its importance to California and the history of the United
States, and its role in rebuilding San Francisco after the 1906
earthquake and fire.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts, and the Board of the San Francisco
Museum and Historical Society; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--The coins authorized under this Act shall be
struck at the San Francisco Mint, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the San Francisco Museum and Historical Society for the purposes of
rehabilitating the Historic Old Mint in San Francisco as a city museum
and an American Coin and Gold Rush Museum.
(c) Audits.--The San Francisco Museum and Historical Society shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b). | San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco otherwise known as the \"Granite Lady\", and for other purposes."} | 1,296 | 129 | 0.568115 | 1.570819 | 0.663179 | 6.046296 | 10.990741 | 0.953704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Democracy Act of 2010''.
SEC. 2. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
DETERMINATION.
(a) First Plebiscite.--The Government of Puerto Rico is authorized
to conduct a plebiscite in Puerto Rico. The 2 options set forth on the
ballot shall be preceded by the following statement: ``Instructions:
Mark one of the following 2 options:
``(1) Puerto Rico should continue to have its present form
of political status. If you agree, mark here __.
``(2) Puerto Rico should have a different political status.
If you agree, mark here __.''.
(b) Procedure if Majority in First Plebiscite Favors Option 1.--If
a majority of the ballots in the plebiscite are cast in favor of Option
1, the Government of Puerto Rico is authorized to conduct additional
plebiscites under subsection (a) at intervals of every 8 years from the
date that the results of the prior plebiscite are certified under
section 3(d).
(c) Procedure if Majority in First Plebiscite Favors Option 2.--If
a majority of the ballots in a plebiscite conducted pursuant to
subsection (a) or (b) are cast in favor of Option 2, the Government of
Puerto Rico is authorized to conduct a plebiscite on the following 4
options:
(1) Independence: Puerto Rico should become fully
independent from the United States. If you agree, mark here __.
(2) Sovereignty in Association with the United States:
Puerto Rico and the United States should form a political
association between sovereign nations that will not be subject
to the Territorial Clause of the United States Constitution. If
you agree, mark here __.
(3) Statehood: Puerto Rico should be admitted as a State of
the Union. If you agree, mark here __.
(4) Commonwealth: Puerto Rico should continue to have its
present form of political status. If you agree, mark here ___.
SEC. 3. APPLICABLE LAWS AND OTHER REQUIREMENTS.
(a) Applicable Laws.--All Federal laws applicable to the election
of the Resident Commissioner shall, as appropriate and consistent with
this Act, also apply to any plebiscites held pursuant to this Act. Any
reference in such Federal laws to elections shall be considered, as
appropriate, to be a reference to the plebiscites, unless it would
frustrate the purposes of this Act.
(b) Rules and Regulations.--The Puerto Rico State Elections
Commission shall issue all rules and regulations necessary to carry out
the plebiscites under this Act.
(c) Eligibility To Vote.--Each of the following shall be eligible
to vote in any plebiscite held under this Act:
(1) All eligible voters under the electoral laws in effect
in Puerto Rico at the time the plebiscite is held.
(2) All United States citizens born in Puerto Rico who
comply, to the satisfaction of the Puerto Rico State Elections
Commission, with all Commission requirements (other than the
residency requirement) applicable to eligibility to vote in a
general election in Puerto Rico. Persons eligible to vote under
this subsection shall, upon timely request submitted to the
Commission in compliance with any terms imposed by the
Electoral Law of Puerto Rico, be entitled to receive an
absentee ballot for the plebiscite.
(d) Certification of Plebiscite Results.--The Puerto Rico State
Elections Commission shall certify the results of any plebiscite held
under this Act to the President of the United States and to the Members
of the Senate and House of Representatives of the United States.
(e) English Language Requirements.--The Puerto Rico State Elections
Commission shall--
(1) ensure that all ballots used for any plebiscite held
under this Act include the full content of the ballot printed
in English;
(2) inform persons voting in any plebiscite held under this
Act that, if Puerto Rico retains its current political status
or is admitted as a State of the United States, the official
language requirements of the Federal Government shall apply to
Puerto Rico in the same manner and to the same extent as
throughout the United States; and
(3) inform persons voting in any plebiscite held under this
Act that, if Puerto Rico retains its current political status
or is admitted as a State of the United States, it is the Sense
of Congress that it is in the best interest of the United
States for the teaching of English to be promoted in Puerto
Rico as the language of opportunity and empowerment in the
United States in order to enable students in public schools to
achieve English language proficiency.
(f) Plebiscite Costs.--All costs associated with any plebiscite
held under this Act (including the printing, distribution,
transportation, collection, and counting of all ballots) shall be paid
for by the Commonwealth of Puerto Rico.
Passed the House of Representatives April 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Puerto Rico Democracy Act of 2010 - Authorizes the government of Puerto Rico: (1) to conduct a plebiscite giving voters the option to vote to continue Puerto Rico's present political status or to have a different political status; (2) if a majority of ballots favor continuing the present status, to conduct additional such plebiscites every eight years; and (3) if a majority of ballots favor having a different status, to conduct a plebiscite on the options of becoming fully independent from the United States, forming with the United States a political association between sovereign nations that will not be subject to the Territorial Clause of the Constitution, being admitted as a state of the Union, or continuing its present political status.
Prescribes the eligibility requirements for voting in a plebiscite. Requires the Puerto Rico State Elections Commission to: (1) certify plebiscite results to the President and Congress; and (2) ensure that all ballots used for a plebiscite include the full content of the ballot printed in English. Directs the Commission to inform persons voting in a plebiscite that if Puerto Rico retains its current political status or is admitted as a state: (1) the official language requirements of the federal government shall apply to Puerto Rico; and (2) it is the best interest of the United States for the teaching of English to be promoted in Puerto Rico as the language of opportunity and empowerment in order to enable students in public schools to achieve English language proficiency.
Requires the Commonwealth of Puerto Rico to pay all costs associated with such plebiscite (including the costs of printing, distribution, transportation, collection, and counting of all ballots). | {"src": "billsum_train", "title": "To provide for a federally sanctioned self-determination process for the people of Puerto Rico."} | 1,126 | 363 | 0.684427 | 2.099854 | 0.858713 | 4.32381 | 3.203175 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudanese Diaspora Loan Forgiveness
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The 21-year civil war between the North and the South
in Sudan caused many Sudanese people to flee their homeland and
seek refuge in other countries, including the United States.
(2) The United States has assisted many Sudanese citizens
fleeing the violence in their homeland, including the Lost Boys
in 2001, a group of approximately 3,800 children that were
separated from their parents during the civil war and who fled
on foot to Ethiopia, walking more than 1,000 kilometers on the
four-month journey, and who then fled again to Kenya to avoid
forcible repatriation to Sudan.
(3) Approximately 5,640 Sudanese citizens have been granted
refugee status in the United States in Fiscal Years 2003 and
2004 alone.
(4) The National Congress Party Government and the Sudanese
People's Liberation Movement (SPLM) signed the Comprehensive
Peace Agreement in Nairobi, Kenya, on January 9, 2005, formally
ending the conflict between the North and the South and
creating a new Government of Sudan that consists of a coalition
of opposition groups and the former regime.
(5) With the signing of the Comprehensive Peace Agreement
in Nairobi, Kenya, on January 9, 2005, the Government of
Southern Sudan's plans for reconstruction in Southern Sudan are
moving forward.
(6) Sudanese refugees in the United States have acquired a
reputation for being an extremely resilient group, and a number
of them have, after adjusting to a new life in the United
States, chosen to pursue a higher education, and now have
professional skills to contribute to the rebuilding of their
homeland.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) Stafford Loans.--Part B of title IV of the Higher Education Act
of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11)
the following new section:
``SEC. 428L. LOAN FORGIVENESS FOR MEMBERS OF THE SUDANESE DIASPORA.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage members of the Sudanese Diaspora in the United States to
return to Southern Sudan for purposes of contributing to the
reconstruction efforts there.
``(b) Program Authorized.--From the amount appropriated under
subsection (f) for any fiscal year, the Secretary of Education shall,
in accordance with subsection (c) and in consultation with the
Secretary of State, carry out a program, through the holder of the
loan, of assuming the obligation to repay a qualified loan amount for a
loan made under section 428 or 428H for any borrower who--
``(1) as of the date of the enactment of this section, is a
Sudanese citizen who--
``(A) has been granted refugee or asylum status in
the United States;
``(B) has been granted lawful permanent resident
status in the United States; or
``(C) is a naturalized United States citizen;
``(2) commits to returning to Southern Sudan for a period
of five or more years for purposes of contributing professional
skills to repairing the damage to the infrastructure of
Southern Sudan caused by the Sudanese civil war, as approved by
the Secretary for purposes of this section; and
``(3) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Of the aggregate of the loan obligation
on a loan made under section 428 or 428H that is outstanding to
an individual who meets the requirements of subsection (b), the
Secretary may, from funds appropriated under subsection (f),
repay not more than--
``(A) $3,000 after the first calendar year of
service described in subsection (b)(2);
``(B) $4,000 after the second such year of service;
``(C) $5,000 after the third such year of service;
``(D) $6,000 after the fourth such year of service;
and
``(E) $7,000 after the fifth such year of service.
``(2) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(d) Additional Provisions.--
``(1) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(2) Double benefits prohibited.--No borrower may receive
a reduction of loan obligations under both this section and
section 460A.
``(e) Regulations.--The Secretary shall, in consultation with the
Secretary of State, issue such regulations as may be necessary to carry
out the provisions of this section.
``(f) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(g) Authorization of Appropriations.--For fiscal year 2006 and
for each of the 5 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary to repay loans in the
amounts specified in subsection (c)(1).''.
(b) Direct Loans.--Part D of title IV is amended by inserting after
section 460 (20 U.S.C. 1087j) the following new section:
``SEC. 460A. LOAN FORGIVENESS FOR MEMBERS OF THE SUDANESE DIASPORA.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage members of the Sudanese Diaspora in the United States to
return to Southern Sudan for purposes of contributing to the
reconstruction efforts there.
``(b) Program Authorized.--From the amount appropriated under
subsection (f) for any fiscal year, the Secretary of Education shall,
in accordance with subsection (c) and in consultation with the
Secretary of State, carry out a program of canceling the obligation to
repay a qualified loan amount in accordance with subsection (c) for
Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford
Loans made under this part for any borrower who--
``(1) as of the date of the enactment of this section, is a
Sudanese citizen who--
``(A) has been granted refugee or asylum status in
the United States;
``(B) has been granted lawful permanent resident
status in the United States; or
``(C) is a naturalized United States citizen;
``(2) commits to returning to Southern Sudan for a period
of five or more years for purposes of contributing professional
skills to repairing the damage to the infrastructure of
Southern Sudan caused by the Sudanese civil war, as approved by
the Secretary for purposes of this section; and
``(3) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Of the aggregate of the loan obligation
on a Federal Direct Stafford Loans and Federal Direct
Unsubsidized Stafford Loan that is outstanding to an individual
who meets the requirements of subsection (b), the Secretary
may, from funds appropriated under subsection (f), repay not
more than--
``(A) $3,000 after the first calendar year of
service described in subsection (b)(2);
``(B) $4,000 after the second such year of service;
``(C) $5,000 after the third such year of service;
``(D) $6,000 after the fourth such year of service;
and
``(E) $7,000 after the fifth such year of service.
``(2) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(d) Additional Provisions.--
``(1) Treatment of consolidation loans.--A loan amount for
Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(2) Double benefits prohibited.--No borrower may receive
a reduction of loan obligations under both this section and
section 428L.
``(e) Regulations.--The Secretary shall, in consultation with the
Secretary of State, issue such regulations as may be necessary to carry
out the provisions of this section.
``(f) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(g) Authorization of Appropriations.--For fiscal year 2006 and
for each of the 5 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary to repay loans in the
amounts specified in subsection (c)(1).''. | Sudanese Diaspora Loan Forgiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish education loan forgiveness programs for Sudanese citizens who have become naturalized U.S. citizens or who are lawfully residing in the United States if they commit to returning to Southern Sudan for five or more years to help repair damage to infrastructure caused by the Sudanese civil war. | {"src": "billsum_train", "title": "To establish a student loan forgiveness program for members of the Sudanese Diaspora to enable them to return to southern Sudan and contribute to the reconstruction effort of southern Sudan."} | 2,114 | 93 | 0.500382 | 1.47384 | 0.416831 | 2.681159 | 27.710145 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Passenger Disaster Family
Assistance Act of 1999''.
SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1137. Assistance to families of passengers involved in rail
passenger accidents
``(a) In General.--As soon as practicable after being notified of a
rail passenger accident within the United States involving a rail
passenger carrier and resulting in a major loss of life, the Chairman
of the National Transportation Safety Board shall--
``(1) designate and publicize the name and phone number of
a director of family support services who shall be an employee
of the Board and shall be responsible for acting as a point of
contact within the Federal Government for the families of
passengers involved in the accident and a liaison between the
rail passenger carrier and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and posttrauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families of
passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for--
``(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident described in
subsection (a); and
``(2) communicating with the families of passengers
involved in the accident as to the roles of--
``(A) the organization designated for an accident
under subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved,
with respect to the accident and the post-accident activities.
``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2) shall
have the following responsibilities with respect to the families of
passengers involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail
passenger carrier involved.
``(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization, in
consultation with the director of family support services
designated for the accident under subsection (a)(1), determines
that further assistance is no longer needed.
``(4) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support
services.--It shall be the responsibility of the
director of family support services designated for an
accident under subsection (a)(1) to request, as soon as
practicable, from the rail passenger carrier involved
in the accident a list, which is based on the best
available information at the time of the request, of
the names of the passengers that were aboard the rail
passenger carrier's train involved in the accident. A
rail passenger carrier shall use reasonable efforts,
with respect to its unreserved trains, and passengers
not holding reservations on its other trains, to
ascertain the names of passengers aboard a train
involved in an accident.
``(B) Requests by designated organization.--The
organization designated for an accident under
subsection (a)(2) may request from the rail passenger
carrier involved in the accident a list described in
subparagraph (A).
``(2) Use of information.--The director of family support
services and the organization may not release to any person
information on a list obtained under paragraph (1) but may
provide information on the list about a passenger to the family
of the passenger to the extent that the director of family
support services or the organization considers appropriate.
``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
``(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend
any public hearings and meetings of the Board about the
accident.
``(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the reasonable
use of the resources of the carrier.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision) may impede the ability of the
Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection
(a)(2), to carry out its responsibilities under this section or
the ability of the families of passengers involved in the
accident to have contact with one another.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action for personal injury
or wrongful death may be made by an attorney (including any
associate, agent, employee, or other representative of an
attorney) or any potential party to the litigation to an
individual (other than an employee of the rail passenger
carrier) injured in the accident, or to a relative of an
individual involved in the accident, before the 45th day
following the date of the accident.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision may
prevent the employees, agents, or volunteers of an organization
designated for an accident under subsection (a)(2) from
providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the accident. The director of family support services
designated for the accident under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet the
needs of the families and if State and local authorities are
notified of the determination.
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster occurring in the
provision of--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
except that such term shall not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier
aboard a train;
``(B) any other person aboard the train without
regard to whether the person paid for the
transportation, occupied a seat, or held a reservation
for the rail transportation; and
``(C) any other person injured or killed in the
accident.
``(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by inserting after the item relating to section 1136 the
following:
``1137. Assistance to families of passengers involved in rail passenger
accidents.''.
SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 251--FAMILY ASSISTANCE
``Sec.
``25101. Plans to address needs of families of passengers involved in
rail passenger accidents.
``Sec. 25101. Plans to address needs of families of passengers
involved in rail passenger accidents
``(a) Submission of Plans.--Not later than 6 months after the date
of the enactment of this section, each rail passenger carrier shall
submit to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the needs of
the families of passengers involved in any rail passenger accident
involving a train of the rail passenger carrier and resulting in a
major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a minimum, the
following:
``(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle calls from
the families of the passengers.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, either by utilizing the services of the
organization designated for the accident under section
1137(a)(2) of this title or the services of other suitably
trained individuals.
``(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as
the rail passenger carrier has verified that the passenger was
aboard the train (whether or not the names of all of the
passengers have been verified) and, to the extent practicable,
in person.
``(4) An assurance that the rail passenger carrier will
provide to the director of family support services designated
for the accident under section 1137(a)(1) of this title, and to
the organization designated for the accident under section
1137(a)(2) of this title, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for the rail passenger
carrier to use reasonable efforts to ascertain the names of
passengers aboard a train involved in an accident.
``(5) An assurance that the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within the control of the rail
passenger carrier.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the rail passenger carrier (regardless of its condition) will be
returned to the family unless the possession is needed for the accident
investigation or any criminal investigation.
``(7) An assurance that any unclaimed possession of a
passenger within the control of the rail passenger carrier will
be retained by the rail passenger carrier for at least 18
months.
``(8) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument to
the passengers, including any inscription on the monument.
``(9) An assurance that the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(10) An assurance that the rail passenger carrier will
work with any organization designated under section 1137(a)(2)
of this title on an ongoing basis to ensure that families of
passengers receive an appropriate level of services and
assistance following each accident.
``(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization designated
under section 1137(a)(2) of this title for services provided by
the organization.
``(12) An assurance that the rail passenger carrier will
assist the family of a passenger in traveling to the location
of the accident and provide for the physical care of the family
while the family is staying at such location.
``(13) An assurance that the rail passenger carrier will
commit sufficient resources to carry out the plan.
``(14) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
``(15) An assurance that, upon request of the family of a
passenger, the rail passenger carrier will inform the family of
whether the passenger's name appeared on any preliminary
passenger manifest for the train involved in the accident.
``(c) Limitation on Liability.--A rail passenger carrier shall not
be liable for damages in any action brought in a Federal or State court
arising out of the performance of the rail passenger carrier in
preparing or providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted by the
rail passenger carrier under subsection (b), unless such liability was
caused by conduct of the rail passenger carrier which was grossly
negligent or which constituted intentional misconduct.
``(d) Definitions.--In this section--
``(1) the terms `rail passenger accident' and `rail
passenger carrier' have the meanings such terms have in section
1137 of this title; and
``(2) the term `passenger' means a person aboard a rail
passenger carrier's train that is involved in a rail passenger
accident.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
(b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is
amended by adding after the item relating to chapter 249 the following
new item:
``251. FAMILY ASSISTANCE................................... 25101''.
Passed the House of Representatives October 4, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan. | {"src": "billsum_train", "title": "Rail Passenger Disaster Family Assistance Act of 1999"} | 3,213 | 120 | 0.53828 | 1.46072 | 0.459 | 6.078431 | 30.186275 | 0.960784 |
SECTION 1. EXCHANGE OF LANDS WITH THE WATER CONSERVANCY DISTRICT OF
WASHINGTON COUNTY, UTAH.
(a) In General.--Subject to the provisions of this Act, if within
18 months after the date of the enactment of this Act, the Water
Conservancy District of Washington
County, Utah, offers to transfer to the United States all right, title,
and interest of the District in and to the Bulloch Site, the Secretary
of the Interior shall, in exchange, transfer to the District all right,
title, and interest of the United States in and to the Sand Hollow
Site, the Quail Creek Pipeline and Quail Creek Reservoir, subject to
valid existing rights.
(b) Water Rights Associated With the Bulloch Site.--The water
rights associated with the Bulloch Site shall not be included in the
transfer under subsection (a) but shall be subject to an agreement
between the District and the Secretary that the water remain in the
Virgin River as an instream flow from the Bulloch Site to the diversion
point of the District at the Quail Creek Reservoir.
(c) Withdrawal of Mineral Interests.--Subject to valid existing
rights, the mineral interests underlying the Sand Hollow Site, the
Quail Creek Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land laws and from
location, entry, and patent under the mining laws of the United States,
from the operation of the mineral leasing laws of the United States,
from the operation of the Geothermal Steam Act of 1970, and from the
operation of the Act of July 31, 1947, commonly known as the
``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
(d) Grazing.--The exchange of lands under subsection (a) shall be
subject to agreement by the District to continue to permit the grazing
of domestic livestock on the Sand Hollow Site under the terms and
conditions of existing Federal grazing leases or permits, except that
the District, upon terminating any such lease or permit, shall fully
compensate the holder of the terminated lease or permit.
SEC. 2. EQUALIZATION OF VALUES.
The value of the lands transferred out of Federal ownership under
section 1 either shall be equal to the value of the lands received by
the Secretary under section 1 or, if not, shall be equalized by--
(1) to the extent possible, transfer of all right, title,
and interest of the District in and to lands in Washington
County, Utah, and water rights of the District associated
thereto, which are within the area providing habitat for the
desert tortoise, as determined by the Director of the Bureau of
Land Management;
(2) transfer of all right, title, and interest of the
District in and to lands in the Smith Site and water rights of
the District associated thereto; and
(3) the payment of money of the Secretary, to the extent
that lands and rights transferred under paragraphs (1) and (2)
are not sufficient to equalize the values of the lands
exchanged under section 1.
SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary under this Act shall be
administered by the Secretary, acting through the Director of the
Bureau of Land Management, in accordance with the provisions of law
generally applicable to the public lands, including the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
The exchange of lands under this Act is not subject to section 102
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
SEC. 5. DEFINITIONS.
As used in this Act:
(1) District.--The term ``District'' means the Water
Conservancy District of Washington County, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Bulloch site.--The term ``Bulloch Site'' means the
lands located in Kane County, Utah, adjacent to Zion National
Park, more particularly described as follows:
BULLOCH SITE
Section Acres
T 39 S R 9 W (Private) 32 S\1/2\ 320
33 SW\1/4\, S\1/2\ 180
SW\1/4\ NW\1/4\
----------
Total 500
----------
T 40 S R 9 W (State) 5 S\1/2\, SW\1/4\ 400
NE\1/4\, NE\1/
4\ NE\1/4\
6 S\1/2\, NE\1/4\ 480
----------
Total 880
----------
GRAND TOTAL 1,380
(4) Sand hollow site.--The term ``Sand Hollow Site'' means
the lands located in Washington County, Utah, more particularly
described as follows:
SAND HOLLOW RESERVOIR SITE
Section Acres
T 42 S R 14 W 13 SW\1/4\ 160
23 E\1/2\, E\1/2\ 480
W\1/2\
24 All 640
26 NE\1/4\, E\1/2\ 320
NW\1/4\, N\1/2\
SE\1/2\
25 All 640
T 42 S R 13 W 19 W\1/2\, SW\1/4\ 360
SE\1/4\
30 W\1/2\, W\1/2\ 400
NE\1/4\
----------
GRAND TOTAL 3,000
(5) Quail creek pipeline.--The term ``Quail Creek
Pipeline'' means the lands located in Washington County, Utah,
more particularly described as follows:
QUAIL CREEK PIPELINE
Section Acres
T 41 S R 12 W 30 NW\1/4\ NW\1/4\ 40
River-pipeline
----------
Total 40
(6) Quail creek reservoir.--The term ``Quail Creek
Reservoir'' means the lands located in Washington County, Utah,
more particularly described as follows:
QUAIL CREEK RESERVOIR
Section Acres
T 41 S R 14 W 23 Tract 38 9.51
23 Lot 2 40.00
23 SW\1/4\ SW\1/4\ 2.50
SE\1/4\ SE\1/4\
----------
Total 52.01
25 W\1/2\ SW\1/4\ 20
NW\1/4\
25 SE\1/4\ SW\1/4\ 10
NW\1/4\
25 W\1/2\ SE\1/4\ 5
SE\1/4\ NW\1/4\
25 NW\1/4\ SW\1/4\ 40
25 W\1/2\ W\1/2\ 10
NE\1/4\ SW\1/4\
----------
Total 85
26 Lot 1 15.97
26 Lot 8 40.00
26 Lot 12 17.45
26 Lot 15 42.23
26 Lot 16 42.39
26 SE\1/4\ NE\1/4\ 40.00
----------
Total 198.04
35 E\1/2\ E\1/2\ 40.00
NW\1/4\
35 SW\1/4\ NE\1/4\ 40.00
35 W\1/2\ SE\1/4\ 20.00
NE\1/4\
35 NE\1/4\ SE\1/4\ 10.00
NE\1/4\
35 N\1/2\ NW\1/4\ 20.00
SE\1/4\
35 NW\1/4\ NE\1/4\ 10.00
SE\1/4\
35 N\1/2\ SE\1/4\ 5.00
NW\1/4\ SE\1/4\
----------
Total 145.00
----------
Grand Total 480.05
(7) Smith site.--The term ``Smith Site'' means the lands
located in Washington County, Utah, adjacent to Zion National
Park and more particularly described as follows:
SMITH PROPERTY
Section
T 40 S R 11 W 5 Lots 3, 4, 5, 6, 7, 8,
9, 10, & 11 E\1/2\
SW\1/4\, SE\1/4\ NW\1/
4\
6 Lot 1, S\1/2\, NE\1/4\
and beginning at a
point 2 rods west of
the northeast corner
of the northeast
quarter of the
southeast quarter;
thence east 2 rods;
thence south 80 rods;
thence west 16 rods;
thence in a
northeasterly
direction to the
point of beginning
8 E\1/2\ NW\1/4\, E\1/2\
SW\1/4\ and lots 1 &
2 excepting the south
1200 feet of the SE\1/
4\ SW\1/4\
T 39 S R 11 W 30 W\1/2\ NE\1/4\, W\1/2\
SE\1/4\, SE\1/4\ SW\1/
4\, W\1/2\ SE\1/4\
NE\1/4\, W\1/2\ E\1/
2\ SE\1/4\
31 E\1/2\, E\1/2\ SW\1/4\
and lots 3 & 4
32 SW\1/4\
Containing 1,550 acres
more or less
Passed the House of Representatives November 7, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Directs the Secretary of the Interior to transfer to the Water Conservancy District of Washington County, Utah, the Sand Hollow Site, the Quail Creek Pipeline, and the Quail Creek Reservoir, if the District offers to transfer to the United States the Bulloch Site in Kane County, excluding water rights.
Withdraws the mineral interests underlying the Sand Hollow Site, the Quail Creek Reservoir, and the Quail Creek Pipeline from disposition under the public land laws, from location, entry, and patent under U.S. mining laws, and from the operation of the U.S. mineral leasing laws, the Geothermal Steam Act of 1970, and the Act of July 31, 1947.
Conditions the exchange of lands upon the District's agreement to continue to permit the grazing of domestic livestock on the Sand Hollow Site under existing Federal grazing leases or permits. | {"src": "billsum_train", "title": "To provide for an exchange of lands with the Water Conservancy District of Washington County, Utah."} | 2,044 | 193 | 0.764282 | 2.537382 | 0.862827 | 5.292994 | 10.22293 | 0.961783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Fair Debt Notice Act of
2018''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS NOTICE RELATING TO DEBT
COLLECTION ACTIVITIES.
(a) Debt Notification Letter Formats.--The Secretary of Veterans
Affairs shall collaborate with veterans service organizations to
develop a standard format for any letter provided to individuals who
the Secretary determines are indebted to the United States by virtue of
such person's participation in a benefits program administered by the
Secretary. Such letter shall be written in plain language and shall
include a notice of the debt and a clear explanation of--
(1) why the individual is indebted to the United States by
virtue of such person's participation in a benefits program
administered by the Secretary; and
(2) the options available to the individual.
(b) Delivery of Debt Notices by Standard Mail and Electronic
Means.--The Secretary shall develop a method by which individuals may
elect to receive notice of debt by electronic means and shall ensure,
to the extent practicable, that the letter developed under subsection
(a) is delivered--
(1) by both standard mail and by electronic means to
intended recipients who have made such an election; and
(2) only by standard mail to intended recipients who have
not made such an election.
(c) Notice to Congress.--
(1) Notices of completion.--Upon completion of the
development of the standard letter format required under
subsection (a) and upon completion of development of the method
under subsection (b), the Secretary shall submit to Congress
notice of the completion of the development.
(2) Progress reports.--If the Secretary has not submitted
each notice required by paragraph (1) by the date that is 90
days after the date of the enactment of this Act, the Secretary
shall--
(A) submit to Congress a report describing the
progress of the Secretary toward implementing
subsections (a) and (b) and an explanation for why the
respective development has not been completed; and
(B) every 30 days thereafter until all of the
notices required by paragraph (1) have been submitted,
submit to Congress an update to the report under
subparagraph (A) that includes an additional
explanation for the failure to complete the respective
development.
(d) Study and Report.--
(1) Study.--The Secretary of Veterans Affairs, in
coordination with the Secretary of the Treasury, shall conduct
a study on the process by which individuals who are indebted to
the United States by virtue of their participation in a
benefits program administered by the Secretary of Veterans
Affairs are notified of debt collection efforts relating to
such indebtedness.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An analysis of the scope of the problem of
individuals who are indebted to the United States by
virtue of their participation in a benefits program
administered by the Secretary of Veterans Affairs not
receiving debt collection notices relating to such
indebtedness.
(B) Identification of administrative actions the
Secretary of Veterans Affairs and the Secretary of the
Treasury can carry out to reduce the number of
incorrect or unknown addresses of such individuals in
the databases of the Department Veterans Affairs and
the Department of the Treasury and a timeline for
carrying out such actions.
(C) An estimate of the costs associated with
sending debt collection notices to such individuals by
certified mail.
(D) An analysis of whether, or to what extent,
sending debt collection notices to such individuals by
certified mail would address the problem analyzed under
subparagraph (A).
(E) An analysis of the requirements and resources
that would be necessary to develop the capability for
creating a single consolidated snapshot of a veteran's
debt.
(F) An analysis of the extent to which individuals
indebted to the United States by virtue of their
participation in a benefits program administered by the
Secretary of Veterans Affairs are so indebted as a
result of an error, misrepresentation, or fraud by such
individuals.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
coordination with the Secretary of the Treasury, shall submit
to Congress a report on the findings of the Secretaries with
respect to the study conducted under paragraph (1). | Veterans Fair Debt Notice Act of 2018 This bill directs the Department of Veterans Affairs (VA) to collaborate with veterans service organizations to write a standard letter to be provided to individuals who owe debts to the VA. Such letter shall be written in plain language and shall include a notice of the debt and a clear explanation of: (1) why the individual owes such money, and (2) available options. The VA shall develop a method by which individuals may elect to receive debt notification letters by electronic means and shall ensure that the letter is delivered: (1) by both standard mail and electronic means to individuals who have made such election, and (2) only by standard mail to individuals who have not made such election. | {"src": "billsum_train", "title": "Veterans Fair Debt Notice Act of 2018"} | 926 | 148 | 0.680377 | 1.865332 | 0.734638 | 4.706294 | 6.230769 | 0.916084 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``College Debt Swap
Act of 2010''.
(b) Purpose.--The purposes of this Act are to provide additional
funds for Pell Grants, and to establish a temporary private education
loan debt consolidation program to assist eligible borrowers in
refinancing all or a portion of their private education debt as Federal
Direct Consolidation Loans.
TITLE I--CONSOLIDATION OF PRIVATE EDUCATION LOANS
SEC. 101. CONSOLIDATION OF PRIVATE EDUCATION LOANS.
Section 455(g) of the Higher Education Act of 1965 (20 U.S.C.
1087e(g)) is amended--
(1) by striking ``A borrower''; and inserting the
following:
``(1) In general.--A borrower'';
(2) by inserting ``, including any loan made under part B
and first disbursed before July 1, 2010, and any loan described
in paragraph (2),'' after ``section 428C(a)(4)'';
(3) by striking the third sentence; and
(4) by adding at the end the following new paragraph:
``(2) Consolidation of private education loans as a federal
direct consolidation loan.--
``(A) In general.--Notwithstanding any other
provision of law, a borrower who meets the eligibility
criteria described in paragraph (1) and subparagraph
(B) of this paragraph may be eligible to obtain a
Federal Direct Consolidation loan under this paragraph
that--
``(i) shall include an eligible private
education loan; and
``(ii) may include a loan described in
section 428C(a)(4).
``(B) Eligible borrower.--A borrower of an eligible
private education loan is eligible to obtain a Federal
Direct Consolidation Loan under this paragraph if the
borrower--
``(i) is not in default on a loan made,
insured, or guaranteed under this title or in
default (as such term is defined in section
435(l)) on any eligible private education loan
that the borrower is seeking to consolidate
under this paragraph, except that a borrower
who entered such default at any time during the
period beginning on December 1, 2007, through
December 31, 2009, due to an economic hardship
(as such term is defined in section 435(o)), as
determined by the Secretary, shall not be
ineligible under this clause;
``(ii) was--
``(I) at any time on or after July
1, 1994, and before July 1, 2010,
enrolled as an undergraduate, graduate,
or professional student who was
eligible to borrow a loan under section
428H or a Federal Direct Unsubsidized
Stafford Loan; or
``(II) at any time on or after July
1, 2006, and July 1, 2010, enrolled as
a graduate or professional student who
was eligible to borrow a loan under
section 428B or a Federal Direct PLUS
loan;
``(iii) borrowed at least one eligible
private education loan for a period of
enrollment described in clause (ii);
``(iv) is in--
``(I) repayment status on the
eligible private education loan that
the borrower is seeking to consolidate
under this paragraph; or
``(II) a grace period preceding
repayment on such loan;
``(v) does not have an adverse credit
history, as such term is defined by the
Secretary, by regulation, with respect to
Federal Direct PLUS loans; and
``(vi) has not previously obtained a
Federal Direct Consolidation Loan under this
paragraph.
``(C) Definition of eligible private education
loan.--For purposes of this paragraph, the term
`eligible private education loan' means a private
education loan (as such term is defined in section 140
of the Truth in Lending Act (15 U.S.C. 1650)) that was
disbursed to a borrower on or after July 1, 1994, and
before July 1, 2010.
``(D) Amount that may be consolidated.--The
aggregate maximum amount of eligible private education
loans that may be consolidated by a borrower under this
paragraph is--
``(i) for loans made to a borrower for a
period of enrollment described in subparagraph
(B)(ii)(I), an amount equal to the amount of
outstanding principal, accrued interest, and
related fees and costs (as determined by the
Secretary) owed by the borrower on eligible
private education loans, except that the
outstanding principal on the eligible private
education loans shall not exceed--
``(I) the maximum aggregate amount
of loans under section 428H, as of the
date of the enactment of the College
Debt Swap Act of 2010--
``(aa) for an undergraduate
dependent student, if the
borrower was enrolled as an
undergraduate dependent student
during the period of
enrollment;
``(bb) for an undergraduate
independent student, if the
borrower was enrolled as an
undergraduate independent
student during the period of
enrollment; or
``(cc) for a graduate or
professional student, if the
borrower was enrolled as a
graduate or professional
student during the period of
enrollment;
minus
``(II) the aggregate amount of
loans under section 428H and Federal
Direct Unsubsidized Stafford Loans
borrowed by the borrower for such
period of enrollment; plus
``(ii) for loans made to a borrower for a
period of enrollment described in subparagraph
(B)(ii)(II), an amount equal to--
``(I) the total outstanding
principal, accrued interest, and
related fees and costs (as determined
by the Secretary) owed by the borrower
on eligible private education loans;
minus
``(II) the aggregate amount of
loans under section 428B and Federal
Direct PLUS loans borrowed by the
borrower for such period of enrollment.
``(E) Interest rate.--Notwithstanding subsection
(b), a Federal Direct Consolidation loan made under
this paragraph shall bear interest at an annual rate on
the unpaid principal balance of the loan that is the
weighted average, rounded to the nearest higher one-
eighth of 1 percent, of--
``(i) for loans consolidated under this
paragraph that were made to a borrower for a
period described in subparagraph (B)(ii)(I),
the interest rate for a Federal Direct
Unsubsidized Stafford Loan for which the first
disbursement is made on the date of enactment
of the College Debt Swap Act of 2010; and
``(ii) for loans consolidated under this
paragraph that were made to a borrower for a
period described in subparagraph (B)(ii)(II),
the interest rate for a Federal Direct PLUS
loan for which the first disbursement is made
on the date of enactment of the College Debt
Swap Act of 2010.
``(F) Payment to the holder.--
``(i) Secretary.--For each eligible private
education loan that a borrower is consolidating
under this paragraph, the Secretary shall make
a payment to the holder of such loan that is
equal to the amount of such loan, in whole or
in part, based on the amount (all or a portion)
of such loan the borrower consolidated under
this paragraph.
``(ii) Holder.--Upon receipt of a payment
described in clause (i), a holder shall
discharge the liability on the loan (in whole
or in part, based on the amount of the payment)
for which such payment was made.
``(G) Outreach activities required.--
``(i) In general.--The Secretary shall
conduct outreach activities described in clause
(ii) to inform and educate students and their
families about the temporary private education
loan consolidation program under this
paragraph.
``(ii) Required components of outreach.--
The Secretary shall provide for the broad
dissemination of information on the program
under this paragraph by--
``(I) operating and maintaining an
Internet website through which
individuals may obtain information on
changes made to the program;
``(II) developing and disseminating
information to alumni of undergraduate,
graduate, and professional schools who
may be eligible for the program;
``(III) providing assistance to
institutions of higher education to
educate graduates on the availability
of the program; and
``(IV) ensuring that all outreach
efforts are developed using plain
language and are culturally- and
language-appropriate.
``(iii) Use of other entities.--In carrying
out this subparagraph, the Secretary may work
with other appropriate entities to facilitate
the dissemination of information under this
subparagraph and provide assistance as
described in this subparagraph.
``(H) Authorization and appropriation.--There are
authorized to be appropriated, and there are
appropriated, such sums as may be necessary to carry
out this paragraph. The amounts made available under
this subparagraph shall remain available until June 30,
2012.
``(I) Period of authority.--The authority to make
Federal Direct Consolidation loans under this paragraph
shall begin 30 days after the date of the enactment of
the College Debt Swap Act of 2010 and shall expire on
June 30, 2012.''.
SEC. 102. CONFORMING AMENDMENT.
Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 (20
U.S.C. 1078-3(a)(3)(B)(i)(V)) is amended--
(1) by striking ``or'' at the end of item (bb);
(2) by striking the period at the end of item (cc) and
inserting ``; or''; and
(3) by adding at the end the following:
``(dd) for the purpose of
consolidating an eligible
private education loan under
section 455(g)(2), whether such
loan is consolidated only with
other eligible private
education loans or consolidated
with loans described in
paragraph (4).''.
TITLE II--INVESTING IN STUDENTS
SEC. 201. FEDERAL PELL GRANTS.
Section 401(b)(8) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(8)) is amended by adding at the end the following:
``(G) Additional funds for fiscal years 2011 and
2012.--In addition to any amounts appropriated under
subparagraph (A) and any other amounts appropriated to
carry out this section, there are authorized to be
appropriated, and there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to
carry out subparagraph (B) of this paragraph,
$4,000,000,000 for fiscal year 2011 and 2012.''. | College Debt Swap Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow certain borrowers to consolidate their private education loans as Direct Consolidation Loans.
Limits such borrowers to those who: (1) are not in default on a loan made, insured, or guaranteed under title IV, except in certain instances of economic hardship; (2) were enrolled, between July 1, 1994, and July 1, 2010, as students eligible for unsubsidized Stafford loans or PLUS loans under the Federal Family Education Loan or Direct Loan programs; (3) borrowed at least one private education loan during such enrollment period; (4) are repaying their private education loan or are in a grace period preceding such repayment; (5) do not have an adverse credit history; and (6) have not previously obtained a Direct Consolidated Loan under title IV.
Makes the program applicable only to private education loans disbursed to borrowers between July 1, 1994, and July 1, 2010.
Directs the Secretary of Education to inform and educate students and their families about this loan consolidation program.
Terminates the authority to make Consolidation loans under such program on June 30, 2012.
Authorizes and appropriates additional funds for Pell Grant increases for FY2011-FY2012. | {"src": "billsum_train", "title": "To provide funds for Pell Grants by amending title IV of the Higher Education Act of 1965."} | 2,398 | 267 | 0.658262 | 1.857066 | 0.779175 | 2.86747 | 8.682731 | 0.899598 |
SECTION 1. DEFINITIONS.
For the purpose of this Act--
(1) the term ``individual serving in the legislative
branch'' means any individual under section 2106 or 2107 of
title 5, United States Code; and
(2) the term ``appropriate administrative authority''
means, with respect to any individual serving in the
legislative branch whose pay is disbursed--
(A) by the Clerk of the House of Representatives,
the Director of Non-legislative and Financial Services;
(B) by the Secretary of the Senate, the Secretary
of the Senate; and
(C) other than as described in subparagraph (A) or
(B), such individual's appointing authority.
SEC. 2. DEPENDENT CARE ASSISTANCE PROGRAMS.
(a) Establishment.--In order that dependent care assistance
benefits be made available to individuals serving in the legislative
branch, each of the appropriate administrative authorities shall
establish (for those individuals who are within their respective
jurisdictions, as described in section 1(2)), a program meeting the
specifications set forth in subsection (b).
(b) Specifications.--Each program established under this Act shall
include provisions to ensure--
(1) that benefits under the program--
(A) meet the requirements for exclusion from gross
income under section 129 of the Internal Revenue Code
of 1986 (relating to dependent care assistance
programs); and
(B) are provided pursuant to salary reduction
agreements meeting the requirements of section 125 of
the Internal Revenue Code of 1986 (relating to
cafeteria plans) for exclusion from gross income; and
(2) that--
(A) a period of not less than 8 weeks shall be
afforded before the start of each calendar year to
permit--
(i) any individual participating in the
program to elect to change the individual's
salary reduction amount, or to cease
participating in the program; and
(ii) any eligible individual who is not
participating in the program to elect to begin
or resume participation, as the case may be;
and
(B) in addition to any opportunity afforded under
subparagraph (A)(i), an individual participating in the
program may, under conditions prescribed by the
appropriate adminstrative authority, elect to change
the individual's salary reduction amount, or to cease
participating in the program, upon filing written
application within 60 days after a change in family or
employment status, or the occurrence of any event
causing a change of 50 percent or more in estimated
dependent care costs for the year.
(c) Eligibility.--A determination as to an individual's eligibility
to participate in a program under this Act may not take into account
the individual's age or length of previous service, or whether the
individual is serving on a part-time, temporary, intermittent, or other
similar basis.
(d) Reductions in Pay.--Any payment of basic pay reduced by an
amount determined pursuant to a salary reduction agreement under this
Act is a full and complete discharge and acquittance of all claims and
demands for regular services during the period covered by the payment,
except the right to receive benefits pursuant to this Act.
SEC. 3. INFORMATION REQUIRED TO BE MAINTAINED.
Each of the appropriate administrative authorities shall maintain,
on an annual basis, information relating to--
(1) the number of individuals who participated in the
program established by such authority (in the aggregate and by
salary ranges) during the preceding year;
(2) the average salary reduction elected (as an overall
figure and by salary ranges) under the program during the
preceding year;
(3) whether the total amount of salary reductions under the
program during the preceding year exceeded the total value of
benefits provided under such program during such year and, if
so, the amount of the excess; and
(4) any other aspect of the program's operation during the
preceding year which the administrative authority considers
appropriate.
Information under this section shall be kept available for at least 5
years following the end of the year with respect to which the
information relates.
SEC. 4. COMMENCEMENT.
Each of the appropriate administrative authorities shall take such
measures as may be necessary to ensure--
(1) that the first opportunity for any individual to elect
to become a participant in the program established by such
authority under this Act shall be afforded beginning with a
period (as described in section 2(b)(2)(A)) commencing not less
than 8 weeks before the program first commences (as described
in paragraph (3));
(2) that eligible individuals are given advance notice as
to--
(A) the benefits to become available pursuant to
this Act;
(B) the terms and conditions for receiving those
benefits; and
(C) the procedures for making an election during
the period described in paragraph (1); and
(3) that salary reductions are made and benefits provided
(in accordance with applicable terms and conditions under the
program) on and after the first day of the first calendar year
beginning at least 180 days after the date of enactment of this
Act. | Provides that dependent care assistance benefits be made available to individuals serving in the legislative branch of Government. | {"src": "billsum_train", "title": "To provide that dependent care assistance benefits be made available to individuals serving in the legislative branch of the Government."} | 1,066 | 21 | 0.489161 | 1.161158 | 0.196731 | 6.263158 | 55 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SUTA Dumping Prevention Act of
2004''.
SEC. 2. TRANSFER OF UNEMPLOYMENT EXPERIENCE UPON TRANSFER OR
ACQUISITION OF A BUSINESS.
(a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end the following:
``(k)(1) For purposes of subsection (a), the unemployment
compensation law of a State must provide--
``(A) that if an employer transfers its business to another
employer, and both employers are (at the time of transfer)
under substantially common ownership, management, or control,
then the unemployment experience attributable to the
transferred business shall also be transferred to (and combined
with the unemployment experience attributable to) the employer
to whom such business is so transferred,
``(B) that unemployment experience shall not, by virtue of
the transfer of a business, be transferred to the person
acquiring such business if--
``(i) such person is not otherwise an employer at
the time of such acquisition, and
``(ii) the State agency finds that such person
acquired the business solely or primarily for the
purpose of obtaining a lower rate of contributions,
``(C) that unemployment experience shall (or shall not) be
transferred in accordance with such regulations as the
Secretary of Labor may prescribe to ensure that higher rates of
contributions are not avoided through the transfer or
acquisition of a business,
``(D) that meaningful civil and criminal penalties are
imposed with respect to--
``(i) persons that knowingly violate or attempt to
violate those provisions of the State law which
implement subparagraph (A) or (B) or regulations under
subparagraph (C), and
``(ii) persons that knowingly advise another person
to violate those provisions of the State law which
implement subparagraph (A) or (B) or regulations under
subparagraph (C), and
``(E) for the establishment of procedures to identify the
transfer or acquisition of a business for purposes of this
subsection.
``(2) For purposes of this subsection--
``(A) the term `unemployment experience', with respect to
any person, refers to such person's experience with respect to
unemployment or other factors bearing a direct relation to such
person's unemployment risk;
``(B) the term `employer' means an employer as defined
under the State law;
``(C) the term `business' means a trade or business (or a
part thereof);
``(D) the term `contributions' has the meaning given such
term by section 3306(g) of the Internal Revenue Code of 1986;
``(E) the term `knowingly' means having actual knowledge of
or acting with deliberate ignorance of or reckless disregard
for the prohibition involved; and
``(F) the term `person' has the meaning given such term by
section 7701(a)(1) of the Internal Revenue Code of 1986.''.
(b) Study and Reporting Requirements.--
(1) Study.--The Secretary of Labor shall conduct a study of
the implementation of the provisions of section 303(k) of the
Social Security Act (as added by subsection (a)) to assess the
status and appropriateness of State actions to meet the
requirements of such provisions.
(2) Report.--Not later than July 15, 2007, the Secretary of
Labor shall submit to the Congress a report that contains the
findings of the study required by paragraph (1) and
recommendations for any Congressional action that the Secretary
considers necessary to improve the effectiveness of section
303(k) of the Social Security Act.
(c) Effective Date.--The amendment made by subsection (a) shall,
with respect to a State, apply to certifications for payments (under
section 302(a) of the Social Security Act) in rate years beginning
after the end of the 26-week period beginning on the first day of the
first regularly scheduled session of the State legislature beginning on
or after the date of the enactment of this Act.
(d) Definitions.--For purposes of this section--
(1) the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands;
(2) the term ``rate year'' means the rate year as defined
in the applicable State law; and
(3) the term ``State law'' means the unemployment
compensation law of the State, approved by the Secretary of
Labor under section 3304 of the Internal Revenue Code of 1986.
SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF
UNEMPLOYMENT COMPENSATION PROGRAMS.
Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is
amended by adding at the end the following:
``(8) Information comparisons and disclosure to assist in
administration of unemployment compensation programs.--
``(A) In general.--If, for purposes of
administering an unemployment compensation program
under Federal or State law, a State agency responsible
for the administration of such program transmits to the
Secretary the names and social security account numbers
of individuals, the Secretary shall disclose to such
State agency information on such individuals and their
employers maintained in the National Directory of New
Hires, subject to this paragraph.
``(B) Condition on disclosure by the secretary.--
The Secretary shall make a disclosure under
subparagraph (A) only to the extent that the Secretary
determines that the disclosure would not interfere with
the effective operation of the program under this part.
``(C) Use and disclosure of information by state
agencies.--
``(i) In general.--A State agency may not
use or disclose information provided under this
paragraph except for purposes of administering
a program referred to in subparagraph (A).
``(ii) Information security.--The State
agency shall have in effect data security and
control policies that the Secretary finds
adequate to ensure the security of information
obtained under this paragraph and to ensure
that access to such information is restricted
to authorized persons for purposes of
authorized uses and disclosures.
``(iii) Penalty for misuse of
information.--An officer or employee of the
State agency who fails to comply with this
subparagraph shall be subject to the sanctions
under subsection (l)(2) to the same extent as
if such officer or employee was an officer or
employee of the United States.
``(D) Procedural requirements.--State agencies
requesting information under this paragraph shall
adhere to uniform procedures established by the
Secretary governing information requests and data
matching under this paragraph.
``(E) Reimbursement of costs.--The State agency
shall reimburse the Secretary, in accordance with
subsection (k)(3), for the costs incurred by the
Secretary in furnishing the information requested under
this paragraph.''. | SUTA Dumping Prevention Act of 2004 - Amends the Social Security Act (SSA) with respect to administration of unemployment taxes and benefits.
Revises SSA title III (Grants to States for Unemployment Compensation Administration) to require State unemployment compensation laws, as a condition of State eligibility for such grants, to provide for transfer of unemployment experience upon transfer or acquisition of a business. Directs the Secretary of Labor to study and report to Congress on State implementation of such requirement.
Revises SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to disclose information on individuals and their employers in the National Directory of New Hires to a State agency that, for purposes of administering a Federal or State unemployment compensation law, transmits such individuals' names and Social Security account numbers to the Secretary. Requires such disclosure only to the extent that it would not interfere with effective operation of the part D program. | {"src": "billsum_train", "title": "A bill to amend titles III and IV of the Social Security Act to improve the administration of unemployment taxes and benefits."} | 1,516 | 212 | 0.500645 | 1.456494 | 0.746812 | 2.464088 | 7.81768 | 0.861878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Market Energy Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that it is in the public interest--
(1) to enhance personal freedom and national security by
reinforcing the right to sovereignty over personal energy
choices; and
(2) to enhance the diversity of the electricity supply and
energy independence of the United States by ensuring that there
is a free market for distributed energy resources by providing
for the nondiscriminatory interconnection of distributed energy
resources.
SEC. 3. DEFINITION OF DISTRIBUTED ENERGY RESOURCE.
Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by
adding at the end the following:
``(30) Distributed energy resource.--The term `distributed
energy resource' is a resource on the electricity distribution
system that includes--
``(A) distributed fossil generation;
``(B) renewable generation (including biomass,
solar photovoltaics, geothermal, and hydropower);
``(C) fuel cells;
``(D) combined heat and power systems;
``(E) energy storage;
``(F) demand response;
``(G) efficiency resources;
``(H) microgrids; and
``(I) any combination of the resources described in
this paragraph.''.
SEC. 4. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION.
The Public Utility Regulatory Policies Act of 1978 is amended by
inserting after section 4 (16 U.S.C. 2603) the following:
``SEC. 5. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION.
``(a) In General.--Distributed energy resources (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) shall have a
general right of interconnection under this Act.
``(b) Rates and Fees.--All rates and fees for interconnection of
distributed energy resources under this Act, regardless of whether the
distributed energy resource is a qualifying facility, shall--
``(1) be just and reasonable;
``(2) provide for the 2-way benefit for the distributed
energy resource and the electricity grid;
``(3) shall not exceed the actual cost of service; and
``(4) shall not be punitive.
``(c) Timeframes.--Timeframes for interconnection of distributed
energy resources under this Act, regardless of whether the distributed
energy resource is a qualifying facility, shall be well-defined,
expeditious, and not unduly protracted.''.
SEC. 5. ENERGY AND RATE TREATMENTS FOR DISTRIBUTED ENERGY RESOURCES.
Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
``(20) Distributed energy resources.--Each State regulatory
authority shall consider requiring that distributed energy
resources (as defined in section 3 of the Federal Power Act (16
U.S.C. 796)) be eligible to receive just and reasonable energy
and rate treatment for--
``(A) time-of-use pricing, which may account for
locational benefit, to be provided on an unbundled
basis, after accounting for the 2-way valuation of
time-of-use rates, and progressing to real-time
pricing, for--
``(i) energy sold to an electric utility;
and
``(ii) energy purchased from an electric
utility;
``(B) capacity;
``(C) energy conservation;
``(D) demand-side management or demand response;
``(E) peak monthly demand;
``(F) the provision of ancillary services;
``(G) the societal value of distributed energy
resources; and
``(H) any other benefits that the State regulatory
authority considers to be appropriate.''.
SEC. 6. QUALIFYING FACILITY; IMPROVED INTERCONNECTION STANDARDS FOR
DISTRIBUTED ENERGY RESOURCES.
(a) Definition of Qualifying Facilities.--Section 3 of the Federal
Power Act (16 U.S.C. 796) is amended--
(1) in paragraph (17)(C)--
(A) by indenting appropriately; and
(B) by inserting ``(including a distributed energy
resource in any State in which a State regulatory
authority or nonregulated electric utility determines
not to establish standards in accordance with paragraph
(20) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)))'' before
``that the Commission determines''; and
(2) in paragraph (18)(B)--
(A) by indenting appropriately; and
(B) by inserting ``(including a distributed energy
resource in any State in which a State regulatory
authority or nonregulated electric utility determines
not to establish standards in accordance with paragraph
(20) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)))'' before
``that the Commission determines''.
(b) Improved Interconnection Standards for Distributed Energy
Resources.--Section 111(d) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 5) is amended by
adding at the end the following:
``(21) Improved interconnections standards for distributed
energy resources.--Each State regulatory authority or
nonregulated electric utility, acting under State authority in
a State that has determined not to establish standards under
paragraph (20), shall consider--
``(A) setting rates that exceed the incremental
cost of alternative electric energy for purchases from
any distributed energy resource (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)) that is a
qualifying facility for electricity generated, demand
reduced, or service provided by the qualifying facility
interconnected under this Act, with--
``(i) the rates to be established at the
full retail rate; and
``(ii) fixed monthly charges for
residential electricity bills to be established
at a charge of not more than 10 dollars per
month, with optional reevaluations of the
amount of charge to be considered on a periodic
basis;
``(B) making any distributed energy resource
project exempt from filing requirements with the
Commission;
``(C) ensuring that any requirements considered
under this paragraph would not affect the purchase
obligation under section 210 for distributed energy
resource facilities; and
``(D) requiring that all rates and fees for
interconnection of distributed generation facilities--
``(i) shall be just and reasonable;
``(ii) shall provide for the benefit of the
distributed energy resource to the electricity
grid and benefit of the electricity grid to the
distributed energy resource; and
``(iii) not exceed the actual cost of
service.''.
SEC. 7. DESIGNATION OF SMART GRID COORDINATOR OR DISTRIBUTION SYSTEM
OPERATOR.
Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) (as amended by section 6(b)) is amended by
adding at the end the following:
``(22) Designation of smart grid coordinator or
distribution system operator.--Each State regulatory authority
shall consider designating, through a competitive process, a
regulated utility, other party, or a combination of regulated
utilities and other parties to be a smart grid coordinator or
distribution system operator for the State.''.
SEC. 8. CONSIDERATION OF NONTRANSMISSION ALTERNATIVES.
Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) (as amended by section 7) is amended by adding
at the end the following:
``(23) Nontransmission alternatives.--
``(A) In general.--Each State regulatory authority
shall consider nontransmission alternatives in
instances in which a regulated utility proposes
transmission projects.
``(B) Cost.--To reduce the cost to the ratepayer of
a potential transmission upgrade, a nontransmission
alternative considered under subparagraph (A), shall
receive the avoided cost of the transmission upgrade,
minus a reasonable discount, as determined by the State
regulatory authority.
``(C) Recovery.--If a nontransmission alternative
proposed under subparagraph (A) obviates the need for a
reliability-based transmission upgrade, the cost of the
nontransmission alternative shall be recovered from the
ratebase in the same manner as the transmission upgrade
would have been.''.
SEC. 9. COMPLIANCE.
(a) Time Limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by
adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) and each nonregulated utility shall, with
respect to the standards established by paragraphs (20), (22),
and (23) of section 111(d)--
``(i) commence the consideration required under
those paragraphs; or
``(ii) set a hearing date for the consideration.
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the authority has ratemaking
authority) and each nonregulated electric utility, shall, with
respect to the standards established by paragraphs (20), (22),
and (23) of section 111(d)--
``(i) complete the consideration under subparagraph
(A); and
``(ii) make the determination referred to in
section 111 with respect to the standards established
by those paragraphs.
``(8)(A) Not later than 2 years after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) and each nonregulated utility shall, with
respect to the standards established by section 111(d)(21)--
``(i) commence the consideration required under
that paragraph; or
``(ii) set a hearing date for the consideration.
``(B) Not later than 3 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the authority has ratemaking
authority) and each nonregulated electric utility, shall, with
respect to the standards established by section 111(d)(21)--
``(i) complete the consideration required under
that paragraph; and
``(ii) make the determination referred to in
section 111 with respect to the standards established
by section 111(d)(21).''.
(b) Failure To Comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by
adding at the end the following:
``(1) In the case of the standards established by
paragraphs (20) through (23) of section 111(d), the reference
contained in this subsection to the date of enactment of this
Act shall be deemed to be a reference to the date of enactment
of those paragraphs.''.
(c) Prior State Actions.--
(1) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by
adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to a standard established under paragraphs (20) through (23) of section
111(d) in the case of any electric utility in a State if, before the
date of enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State, or the
relevant nonregulated electric utility, has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(2) Cross-reference.--Section 124 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by
adding at the end the following: ``In the case of each standard
established under paragraphs (20) through (23) of section
111(d), the reference contained in this subsection to the date
of enactment of this Act shall be deemed to be a reference to
the date of enactment of those paragraphs.''.
SEC. 10. EFFECT OF ACT.
Nothing in this Act (or an amendment made by this Act) shall apply
to distributed energy resource contracts in effect on the date of
enactment of this Act. | Free Market Energy Act of 2015 This bill amends the Federal Power Act to identify the elements of a distributed energy resource, including fuel cells, microgrids, and combined heat and power systems. Distributed energy resources shall have a general right of interconnection under the Public Utility Regulatory Policies Act of 1978 (PURPA), and all rates and fees for interconnection shall provide for the two-way benefit for the distributed energy resource and the electricity grid. Each state regulatory authority shall consider requiring that distributed energy resources be eligible to receive just and reasonable energy and rate treatment for time-of-use pricing and other specified features and values. A state regulatory authority or nonregulated electric utility acting under state authority must consider specified interconnections standards that include: setting rates that exceed the incremental cost of alternative electric energy for purchases from any distributed energy resource that is a qualifying facility for electricity generated, demand reduced, or service provided by the qualifying facility interconnected under this Act; and making any distributed energy resource project exempt from filing requirements with the Federal Energy Regulatory Commission (FERC). A state regulatory authority must also consider: designation, through a competitive process, of a regulated utility, other party, or a combination of regulated utilities and other parties to be a smart grid coordinator or distribution system operator for the state; and nontransmission alternatives when a regulated utility proposes transmission projects. | {"src": "billsum_train", "title": "Free Market Energy Act of 2015"} | 2,973 | 291 | 0.655197 | 1.986302 | 0.821741 | 4.684211 | 9.778195 | 0.917293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Disciplinary Fairness Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Too many juveniles are introduced to the formal
criminal justice system for minor behavioral infractions at
school.
(2) Common behavioral infractions at school often result in
suspension, expulsion, or incarceration of the juvenile
students involved.
(3) Zero-tolerance school discipline policies increase the
number of incarcerated juveniles.
(4) Research shows that juveniles who are incarcerated are
significantly less likely to complete secondary school,
experience less human capital development and diminished
earnings potential, and are more likely to recidivate and be
incarcerated as adults.
SEC. 3. SCHOOL DISCIPLINE POLICY.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by inserting after title V the
following new title:
``TITLE VI--SCHOOL DISCIPLINE POLICY
``SEC. 601. ESTABLISHMENT OF OFFICE.
``(a) In General.--There is hereby established within the Office of
Juvenile Justice and Delinquency Prevention an Office of School and
Discipline Policy (referred to in this title as the `Office'), headed
by a Director appointed by the Administrator of the Office of Juvenile
Justice and Delinquency Prevention.
``(b) Purpose.--The purpose of the Office shall be to reduce the
number of juveniles who are incarcerated and develop a criminal record
based on activity that occurs while the juvenile is at school.
``SEC. 602. DUTIES.
``The Office shall--
``(1) collect and publish data, in collaboration with the
Office for Civil Rights of the Department of Education,
relating to the arrest and incarceration of juvenile students
for violations of school rules or policies;
``(2) work with States, units of local government, local
educational agencies, and non-governmental organizations in
order to expand the use of alternatives to detention and
incarceration programming in schools in order to reduce the
number of juvenile students who are arrested and incarcerated
for violating school rules or policies; and
``(3) collect and publish data, in collaboration with the
Office of Justice Programs, relating to the relationship
between the presence of a school resource officer at a school
and the rate of juvenile students who are arrested and
incarcerated for violations of school rules or policies.
``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM.
``(a) Grants Authorized.--The Director may make grants to States,
units of local government, and local educational agencies in order to
further the purpose described in section 601(b).
``(b) Application.--A State, unit of local government, or local
educational agency seeking a grant under this section shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may reasonably require.
``(c) Preference.--The Director shall give preference in awarding
grants to an applicant that demonstrates that it has, at the time of
submitting an application, begun to take steps to further the purpose
described in section 601(b).
``(d) Uses of Funds.--A State, unit of local government or local
educational agency that receives a grant under this section shall use
such funds for programs that reduce the rate of juvenile students who
are arrested and incarcerated for violations of school rules or
policies, and any other activity that the Director determines will
further the purpose described in section 601(b).
``SEC. 604. DEFINITIONS.
``In this title:
``(1) The term `school' means an elementary school or a
secondary school as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(2) The term `school resource officer' has the meaning
given such term in section 1709 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8).
``(3) The term `local educational agency' has the meaning
given such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) The term `juvenile student' means a juvenile who is
enrolled in school.
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as may be
necessary for fiscal years 2017 and 2018 to carry out this title.''.
SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS.
Section 1702(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (11), the following new
paragraph:
``(12) in the case of an applicant that is a State or unit
of local government, provide assurances that--
``(A) the administration of juvenile justice in the
applicant's jurisdiction is consistent with any
requirements of the United States Constitution and the
4th, 5th, and 14th amendments to the Constitution,
including assurances that--
``(i) before a juvenile is arrested, the
arresting law enforcement officer must have
probable cause specific to that juvenile; and
``(ii) juveniles who are arrested must
receive adequate procedural due process,
including--
``(I) adequate and timely notice to
the juvenile and the juvenile's
guardian regarding any court
proceedings related to the incident for
which the juvenile was arrested;
``(II) representation by an
attorney in any court proceeding as a
result of which the juvenile could face
incarceration;
``(III) protections against self-
incrimination; and
``(IV) an opportunity to cross-
examine any witness testifying against
the juvenile; and
``(B) any contract governing the terms of probation
for a juvenile shall not contain any clauses that--
``(i) the juvenile cannot understand; and
``(ii) in the case of a juvenile student
(as such term is defined in section 604 of the
Juvenile Justice and Delinquency Prevention Act
of 1974), could result in incarceration for
violations of school rules or policies.''.
SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS
RELATING TO JUVENILE JUSTICE.
Section 210401 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14141) is amended by adding at the end the
following:
``(c) Access to Certain Records Relating to Juvenile Justice.--The
Attorney General may issue subpoenas requiring the production of any
documents relating to any matter which the Attorney General is
authorized to investigate under subsection (a).''.
SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education (acting through the Office of
Civil Rights of the Department of Education) shall make grants to
eligible entities to fund training for school personnel in elementary
schools and secondary schools on de-escalation techniques to teach the
personnel procedures and tactics to mitigate delinquent student
behavior which may avoid a referral to law enforcement officials.
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary of
Education at such time, in such manner, and containing such information
as the Secretary may require, including information that demonstrates
that the eligible entity--
(1) is fully compliant with all applicable Federal school
discipline data reporting requirements, including, if
applicable, the reporting requirements of section 618 of the
Individuals with Disabilities Education Act of 1965 (20 U.S.C.
1418(a)); and
(2) has provided complete information to all applicable
data surveys of Department of Education, including the Office
for Civil Rights.
(c) Limitation.--An elementary school or secondary school may only
receive assistance under this section during a grant period from 1
eligible entity receiving a grant under this section during the grant
period.
(d) Definitions.--For purposes of this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State, unit of general local government, or juvenile justice
agency.
(2) General esea terms.--The terms ``elementary schools'',
``secondary schools'', and ``State'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) School personnel.--The term ``school personnel'' has
the meaning given the term in section 4151 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7161).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2017 and
2018 to carry out this section. | Student Disciplinary Fairness Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish within the Department of Justice (DOJ) an Office of School and Discipline Policy to reduce the number of juveniles who are incarcerated and develop a criminal history based on activity that occurs at school. The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applicants for grants under the Community Oriented Policing Services program to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. It amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. Finally, the bill directs the Department of Education's Office of Civil Rights to make grants to states, local governments, and juvenile justice agencies to train teachers and administrators on de-escalation techniques to mitigate delinquent student behavior. | {"src": "billsum_train", "title": "Student Disciplinary Fairness Act of 2017"} | 2,114 | 246 | 0.550439 | 1.54435 | 0.771623 | 3.233503 | 9.467005 | 0.817259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Teacher Retention Act of
2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than 8,000,000 children, representing 21 percent
of all public school children in the United States, attend
public schools in rural areas.
(2) There are 24,123 public schools in rural areas of the
United States, representing 31 percent of all public schools.
(3) More than 400,000 educators, or 31 percent of all
public school teachers, teach in rural schools.
(4) Rural school teachers earn approximately 14 percent
less than their counterparts in other regions.
(5) Despite lower salaries, rural school teachers typically
teach multiple subjects and perform their jobs with fewer
resources than their counterparts in other regions.
(6) One of the most critical challenges facing rural school
districts is in attracting and retaining qualified teachers.
(7) Rural school districts tend to have higher teacher
turnover rates than school districts in other regions.
(8) High teacher turnover has a negative impact on student
performance, school district performance, and the ability of
teachers to become highly qualified.
SEC. 3. DEFINITIONS.
In this Act:
(1) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency that--
(A) is described in section 6211(b) or 6221(b)(1)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7345(b) and 7351(b)(1)); and
(B) has experienced a teacher turnover rate of not
less than 5 percent of all the teachers teaching in
schools served by the agency in any of the 3 years
preceding the date of enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--From funds appropriated under section 5, the
Secretary shall make an allotment to each rural local educational
agency having an application approved under subsection (b) according to
a formula based on the number of students in average daily attendance
(as defined in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)) in the schools served by the rural local
educational agency.
(b) Application.--A rural local educational agency that desires to
receive an allotment under subsection (a) shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
(c) Use of Funds.--
(1) In general.--A rural local educational agency that
receives an allotment under this section shall use the funds
for the following:
(A) Provide one-time signing bonuses of not more
than $2,000 to teachers who commence employment with
the rural local educational agency on or after the date
of enactment of this Act.
(B) Provide bonuses of not more than $3,000 to
qualified teachers who work in the rural local
educational agency for not less than 3 consecutive
years (except as provided in paragraph (2)).
(2) Exception from consecutive service.--The 3 year period
of service working in the rural local educational agency
provided under paragraph (1)(B) may be nonconsecutive if the
break in service is due to the qualified teacher taking leave
from the rural local educational agency and such leave is--
(A) in compliance with the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611); or
(B) due to the qualified teacher being called or
ordered to active duty as a member of the National
Guard or other reserve component of the Armed Forces of
the United States, or a member of such Armed Forces in
a retired status.
(3) Consideration.--In determining the provision of bonuses
under paragraph (1), a rural local educational agency shall
consider such factors as the need for teachers in certain
subjects, the value that a teacher brings to the agency,
teacher performance and qualifications, and the unique needs of
the agency.
(4) Only one bonus in one year.--A teacher may receive only
1 bonus pursuant to this Act during a calendar year.
(d) Duration.--The Secretary shall carry out this section as a
pilot program for a 5-year period.
(e) Relation to Other Federal Education Programs.--Notwithstanding
any other provision of law, nothing in this Act shall be construed to
affect the eligibility for assistance or the amount of assistance
otherwise available under any other Federal education program for a
rural local educational agency that receives an allotment under this
section or a teacher who receives a bonus pursuant to this section.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for fiscal year 2006 and such sums as may be necessary for
fiscal year 2007 and 2008. | Rural Teacher Retention Act of 2005 - Directs the Secretary of Education to carry out a five-year pilot program of making allotments to applicant rural local educational agencies for: (1) one-time signing bonuses of up to $2,000 for teachers who begin employment with them on or after enactment of this Act; and (2) bonuses of up to $3,000 to qualified teachers who work in them for at least three consecutive years (or nonconsecutive years under certain circumstances). | {"src": "billsum_train", "title": "A bill to provide assistance for rural school districts, and for other purposes."} | 1,066 | 102 | 0.54028 | 1.403475 | 0.462169 | 2.369565 | 10.826087 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Senior Investor Initiative
Act of 2018'' or the ``Senior Security Act of 2018''.
SEC. 2. SENIOR INVESTOR TASKFORCE.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(k) Senior Investor Taskforce.--
``(1) Establishment.--There is established within the
Commission the Senior Investor Taskforce (in this subsection
referred to as the `Taskforce').
``(2) Director of the taskforce.--The head of the Taskforce
shall be the Director, who shall--
``(A) report directly to the Chairman; and
``(B) be appointed by the Chairman, in consultation
with the Commission, from among individuals--
``(i) currently employed by the Commission
or from outside of the Commission; and
``(ii) having experience in advocating for
the interests of senior investors.
``(3) Staffing.--The Chairman shall ensure that--
``(A) the Taskforce is staffed sufficiently to
carry out fully the requirements of this subsection;
and
``(B) such staff shall include individuals from the
Division of Enforcement, Office of Compliance
Inspections and Examinations, and Office of Investor
Education and Advocacy.
``(4) Minimizing duplication of efforts.--In organizing and
staffing the Taskforce, the Chairman shall take such actions as
may be necessary to minimize the duplication of efforts within
the divisions and offices described under paragraph (3)(B) and
any other divisions, offices, or taskforces of the Commission.
``(5) Functions of the taskforce.--The Taskforce shall--
``(A) identify challenges that senior investors
encounter, including problems associated with financial
exploitation and cognitive decline;
``(B) identify areas in which senior investors
would benefit from changes in the regulations of the
Commission or the rules of self-regulatory
organizations;
``(C) coordinate, as appropriate, with other
offices within the Commission, other taskforces that
may be established within the Commission, self-
regulatory organizations, and the Elder Justice
Coordinating Council; and
``(D) consult, as appropriate, with State
securities and law enforcement authorities, State
insurance regulators, and other Federal agencies.
``(6) Report.--The Taskforce, in coordination, as
appropriate, with the Office of the Investor Advocate and self-
regulatory organizations, and in consultation, as appropriate,
with State securities and law enforcement authorities, State
insurance regulators, and Federal agencies, shall issue a
report every 2 years to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives, the first of which
shall not be issued until after the report described in section
3 of the National Senior Investor Initiative Act of 2018 has
been issued and considered by the Taskforce, containing--
``(A) appropriate statistical information and full
and substantive analysis;
``(B) a summary of recent trends and innovations
that have impacted the investment landscape for senior
investors;
``(C) a summary of regulatory initiatives that have
concentrated on senior investors and industry practices
related to senior investors;
``(D) key observations, best practices, and areas
needing improvement involving senior investors
identified during examinations, enforcement actions,
and investor education outreach;
``(E) a summary of the most serious issues
encountered by senior investors, including issues
involving financial products and services;
``(F) an analysis with regard to existing policies
and procedures of brokers, dealers, investment
advisers, and other market participants related to
senior investors and senior investor-related topics and
whether these policies and procedures need to be
further developed or refined;
``(G) recommendations for such changes to the
regulations, guidance, and orders of the Commission and
self-regulatory organizations and such legislative
actions as may be appropriate to resolve problems
encountered by senior investors; and
``(H) any other information, as determined
appropriate by the Director of the Taskforce.
``(7) Sunset.--The Taskforce shall terminate after the end
of the 10-year period beginning on the date of the enactment of
this subsection, but may be reestablished by the Chairman.
``(8) Senior investor defined.--For purposes of this
subsection, the term `senior investor' means an investor over
the age of 65.''.
SEC. 3. GAO STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress and the Senior Investor Taskforce the results of a study on
the economic costs of the financial exploitation of senior citizens.
(b) Contents.--The study required under subsection (a) shall
include information with respect to--
(1) costs--
(A) associated with losses by victims that were
incurred as a result of the financial exploitation of
senior citizens;
(B) incurred by State and Federal agencies, law
enforcement and investigatory agencies, public benefit
programs, public health programs, and other public
programs as a result of the financial exploitation of
senior citizens; and
(C) incurred by the private sector as a result of
the financial exploitation of senior citizens; and
(2) any other relevant costs that--
(A) result from the financial exploitation of
senior citizens; and
(B) the Comptroller General determines are
necessary and appropriate to include in order to
provide Congress and the public with a full and
accurate understanding of the economic costs resulting
from the financial exploitation of senior citizens in
the United States.
(c) Senior Citizen Defined.--For purposes of this section, the term
``senior citizen'' means an individual over the age of 65. | National Senior Investor Initiative Act of 2018 or the Senior Security Act of 2018 This bill amends the Securities Exchange Act of 1934 to establish the Senior Investor Taskforce within the Securities and Exchange Commission. The taskforce must report on topics relating to investors over the age of 65, including industry trends and serious issues impacting such investors, and make recommendations for legislative or regulatory actions to address problems encountered by senior investors. The Government Accountability Office must report on the costs of the financial exploitation of senior citizens. | {"src": "billsum_train", "title": "National Senior Investor Initiative Act of 2018"} | 1,275 | 102 | 0.538079 | 1.498444 | 0.860239 | 3.294737 | 12.810526 | 0.873684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voyageurs National Park
Intergovernmental Council Act of 1996''.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that--
(1) intergovernmental cooperation (local, State, and
Federal) is essential to optimize the sustainable development
of natural, cultural, and recreational resources of Voyageurs
National Park; and
(2) the national interest is served by--
(A) preserving, protecting, and improving the long-
term perpetuation of such diverse resources for the
benefit of the people of the United States; and
(B) improving the coordination among all levels of
government in the Voyageurs region.
SEC. 3. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL.
The Act entitled ``An Act to authorize the establishment of the
Voyageurs National Park in the State of Minnesota, and for other
purposes'' (16 U.S.C. 160 et seq.) is amended by inserting after
section 305 the following new section:
``SEC. 306. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL.
``(a) Establishment.--
``(1) Membership.--There is hereby established the
Voyageurs National Park Intergovernmental Council (hereafter in
this section referred to as the ``Council''). The Council shall
be composed of 11 members, as follows:
``(A) The Assistant Secretary for Fish and Wildlife
and Parks, ex officio, or his designee.
``(B) Four individuals, appointed by the Secretary
after consideration of recommendations by the Governor,
to represent the Minnesota Department of Natural
Resources, Department of Transportation, the Minnesota
Environmental Quality Board, and the Minnesota Office
of Tourism.
``(C) One individual appointed by the Secretary to
represent the Minnesota Historical Society.
``(D) The Chair of the St. Louis County
Commissioners, or the designee of the Chair, ex
officio.
``(E) The Chair of the Koochiching County
Commissioners, or the designee of the Chair, ex
officio.
``(F) One State Senator, chosen by the Governor,
who represents the area in which the park is located,
or the designee of the State Senator, ex officio.
``(G) One State Representative, chosen by the
Governor, who represents the area in which the park is
located, or the designee of the State Representative,
ex officio.
``(H) One member of the Native American community
to represent the 1854 Treaty Authority, appointed by
the Secretary.
``(2) Terms.--A member of the Council appointed under
paragraph (1), other than ex officio members, shall be
appointed for a term of four years. Any member of the Council
appointed for a definite term may serve after the expiration of
his term until his successor is appointed.
``(3) Compensation.--Members of the Council who are not
employed by the Federal Government shall serve without pay.
While away from their homes or regular places of business in
the performance of services of the Council, members of the
Council shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in Federal Government service are allowed
expenses under section 5703 of title 5, United States Code.
``(b) Provisions Relating to the Conduct of Council Business.--
``(1) Quorum.--Eight members of the Council shall
constitute a quorum.
``(2) Chairperson.--The members of the Council shall elect
a chairperson of the Council from among the members of the
Council.
``(3) Vacancy.--Any vacancy in the Council shall be filled
in the same manner in which the original appointment was made.
``(4) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members.
``(5) Staff.--The Secretary shall provide the Council with
such staff and technical assistance as the Secretary, after
consultation with the Council, considers appropriate to enable
the Council to carry out its duties. Upon request of the
Secretary, any Federal agency may provide information,
personnel, property, and services, on a reimbursable basis, to
the Council to assist in carrying out its duties under this
section. The Secretary may accept the services of personnel
detailed from the State of Minnesota or any political
subdivision of the State and may reimburse the State or such
political subdivision for such services.
``(6) Procedural matters.--
``(A) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
``(B) Guidelines for conduct of business.--The
following guidelines apply with respect to the conduct
of business at meetings of the Council:
``(i) Each regular meeting and each
emergency meeting shall be open to the public.
``(ii) Emergency meetings shall be held at
the call of the chair or equivalent presiding
officer.
``(iii) Timely public notice of each
regular meeting and each emergency meeting,
including the time, place, and agenda of the
meeting, shall be published in local newspapers
and such notice may be given by such other
means as will result in wide publicity.
``(iv) Interested persons shall be
permitted to present oral or written statements
regarding the matters on the agenda at
meetings.
``(v) Minutes of each meeting shall be kept
and shall contain a record of the persons
present, an accurate description of matters
discussed and conclusions reached, and copies
of all statements filed.
``(vi) The administrative record, including
minutes required under clause (v), of each
meeting, and records or other documents which
were made available to or prepared for or by
the Council incident to the meeting, shall be
available for public inspection and copying at
a single location in the offices of the
Council.
``(C) New information.--At any time when the
Council determines it appropriate to consider new
information from a State or Federal agency or from a
Council advisory body, the Council shall give
comparable consideration to new information offered at
that time by interested members of the public.
Interested parties shall have a reasonable opportunity
to respond to new data or information before the
Council takes final action on management measures.
``(c) Functions.--The Council shall, in accordance with the
provisions of this Act--
``(1) prepare and submit to the Secretary comprehensive
draft amendments to the management plan and, from time to time,
such amendments to the plan as are necessary, which provides
for as broad a range of sustainable land and water uses and
scenic and recreational activities as are compatible with the
laws and regulations governing Voyageurs National Park and
other local, State, or Federal public lands;
``(2) analyze the economic and environmental costs and
benefits of implementing sustainable practices for Voyageurs
National Park;
``(3) conduct public hearings, at appropriate times and in
appropriate locations, so as to allow all interested persons an
opportunity to be heard in the development of amendments to the
plan, and with respect to the administration and implementation
of the provisions of this Act;
``(4) after considering public comment and comment from the
Secretary, prepare and submit to the Secretary proposed
revisions to the draft management plan;
``(5) establish an ongoing process of review and evaluation
of local, State, and Federal actions, plans, ordinances,
regulations, laws, and land use decisions for the purpose of
assessing their effect on the long-term sustainability of the
economic and environmental values and resources of the region;
``(6) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which
may be requested by the Secretary; and
``(7) conduct other activities which are required by, or
provided for in, this Act or which are necessary and
appropriate to the functions specified in paragraphs (1)
through (6).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 4. REVISION OF VOYAGEURS NATIONAL PARK MANAGEMENT PLAN.
(a) Management Plan.--Section 303 of the Act entitled ``An Act to
authorize the establishment of the Voyageurs National Park in the State
of Minnesota, and for other purposes'' (16 U.S.C. 160h) is amended--
(1) by inserting ``(a)'' after ``303.''; and
(2) by adding at the end the following:
``(b)(1) The Secretary shall prepare in accordance with this
section and implement amendments to the management plan for the park.
Where appropriate, such amendments shall provide for recreational
opportunities, including (but not limited to) access and use of boats,
aircraft, snowmobiles, hiking, and skiing on all major lakes and bays
within the park.
``(2) The Secretary shall receive the draft amendments to the
management plan prepared and submitted by the Voyageurs National Park
Intergovernmental Council under section 306(c)(1), together with public
comments on the draft amendments, and shall review and, if necessary,
submit to the Council such recommendations as the Secretary determines
appropriate for revising the draft amendments.
``(3) The Secretary shall receive revised draft amendments prepared
and submitted by the Council under section 306(c)(1).
``(c)(1) If the Secretary determines that the revised amendments to
the management plan are not inconsistent with other provisions of this
Act or applicable laws, treaties, executive orders, and that the
revised amendments to the management plan are in the public interest,
the Secretary shall adopt the revised amendments to the management
plan.
``(2)(A) If the Secretary decides not to adopt the revised
amendments to the management plan, the amendments to the management
plan shall be made by the Secretary in accordance with subparagraph (C)
pursuant to recommendations made by a management plan board appointed
under subparagraph (B).
``(B)(i) The management plan board shall consist of three members,
appointed as follows:
``(I) One member appointed by the Secretary.
``(II) One member appointed by the Secretary from a list of
5 or more individuals submitted by the Voyageurs National Park
Intergovernmental Council, by majority vote. The Secretary may
request additional lists.
``(III) One member appointed by the Secretary from a list
of 5 or more individuals submitted by the 2 members appointed
under subclauses (I) and (II). The Secretary may request
additional lists.
``(ii) Members of a management plan board who are not employed by
the Federal Government shall serve without pay. While away from their
homes or regular places of business in the performance of services of
the board, members of the board shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Federal Government service are
allowed expenses under section 5703 of title 5, United States Code.
``(iii) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to a management plan board.
``(C) The management plan board shall review the revised amendments
to the management plan submitted by the Council to the Secretary under
section 306(c)(1), and such comments on the revised amendments and
recommendations for such amendments as the Secretary submits to the
board. Following such review, the board shall submit to the Secretary
such amendments as the board finds to be appropriate under the
provisions of this Act. The Secretary shall revise the management plan
in a manner based on the amendments submitted by the board.
``(d) If the Secretary fails to approve or disapprove revised
amendments to the management plan submitted under this section within
95 days after the date of the submission of the amendments, no
amendment to the plan shall be implemented by the Secretary until the
Secretary complies with subsections (b) and (c).
``(e) If the Council declines to submit to the Secretary revised
amendments to the management plan, or revisions of the amendments, the
Secretary may make such amendments as the Secretary considers necessary
or appropriate and implement the plan.
``(f) The management plan of the park may not be changed except in
accordance with this section.''. | Voyageurs National Park Intergovernmental Council Act of 1996 - Establishes the Voyageurs National Park Intergovernmental Council which shall: (1) prepare and submit to the Secretary of the Interior comprehensive draft amendments and proposed revisions to the management plan for the Park providing for a broad range of sustainable land and water uses and scenic and recreational activities compatible with governing local, State, and Federal laws and regulations; (2) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Park; and (3) establish an ongoing process of assessing the effect of local, State, and Federal actions, plans, ordinances, regulations, laws, and land use decisions on the long-term sustainability of the economic and environmental values and resources of the region. Authorizes appropriations.
Requires the Secretary to implement amendments to the management plan for the Park, including amendments providing for recreational opportunities involving boats, aircraft, snowmobiles, hiking, and skiing on all major lakes and bays. Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws; (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board; or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan. | {"src": "billsum_train", "title": "Voyageurs National Park Intergovernmental Council Act of 1996"} | 2,698 | 318 | 0.54706 | 1.705723 | 0.738759 | 5.191489 | 9.113475 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Muscle Shoals National Heritage Area
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Muscle Shoals area in Northwest Alabama is a region
rich in natural and cultural history.
(2) The Muscle Shoals area is defined by its distinctive
geography, especially the Wilson Dam, a National Historic
Landmark.
(3) The Muscle Shoals National Heritage Area feasibility
study includes the counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, in Northwest Alabama.
(4) Muscle Shoals is the birthplace of the Tennessee Valley
Authority, notable for power generation and the creation of
recreational lakes.
(5) The Tennessee River at Muscle Shoals is important in
having shaped western expansion and cultural development of the
United States.
(6) The Muscle Shoals area drew the remarkable military and
entrepreneurial service of the General Wheeler family.
(7) The Muscle Shoals area was the birthplace of Helen
Keller, a celebrated symbol of inspiration for persons
overcoming disabilities.
(8) The Muscle Shoals area was the home of William
Christopher ``W.C.'' Handy, the first musician to identify,
arrange, publish, and popularize the ``blues'' musical genre.
(9) The world-renowned ``Muscle Shoals sound'' left an
indelible impression on the development of music in the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Muscle Shoals National Heritage Area, established in section 4.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area specified in section
5.
(4) Map.--The term ``map'' means the map titled ``Boundary
Map Muscle Shoals National Heritage Area-Alternative ____'',
numbered ___, and dated_____.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Alabama.
SEC. 4. MUSCLE SHOALS NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Muscle Shoals National
Heritage Area.
(b) Boundaries.--The National Heritage Area shall be comprised of--
(1) the counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan;
(2) the Wilson Dam;
(3) the Handy Home; and
(4) the Helen Keller birthplace.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
(d) Local Coordinating Entity.--The Muscle Shoals Regional Center
shall be the local coordinating entity for the Heritage Area.
SEC. 5. LOCAL COORDINATING ENTITY.
(a) In General.--The local coordinating entity shall be governed by
a board of directors composed of at least 6 members, one resident from
each of Colbert, Lauderdale, Franklin, Lawrence, Morgan, and Limestone
counties, Alabama, the counties included in the Muscle Shoals National
Heritage.
(b) Duties.--To further the purposes of the Heritage Area, the
local coordinating entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of and appreciation
for natural, historical, scenic, and cultural resources
of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
heritage area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the secretary for any fiscal
year in which the local coordinating entity receives Federal
funds under this Act specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such funds;
and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Area.
(c) Authorities.--The local coordinating entity may, for the
purposes of preparing and implementing the management plan for the
Heritage Area, use Federal funds made available through this Act to--
(1) make grants to the State of Alabama, its political
subdivisions, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Alabama, its political
jurisdictions, nonprofit organizations, Federal agencies, and
other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, economic and community development, and
heritage planning;
(4) obtain funds or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the Heritage Area and that are
consistent with the approved management plan.
(d) Prohibitions on the Acquisition of Real Property.--The local
coordinating entity may not use Federal funds received under this Act
to acquire real property, but may use any other source of funding,
including other Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical, and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
or economic development strategies to protect, manage, and
develop the Heritage Area;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques including, but
not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the Heritage
Area's natural, historical, cultural, educational, scenic, and
recreational resources;
(7) describe a program of implementation for the management
plan, including performance goals, plans for resource
protection, restoration, interpretation, enhancement,
management, and development, and specific commitments for
implementation that have been made by the local coordinating
entity or any government, organization, or individual;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role of
the National Park Service in the Heritage Area, may best be
coordinated to further the purposes of this Act;
(9) include an interpretive plan for the Heritage Area; and
(10) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The local coordinating entity shall submit
the management plan to the Secretary for approval within 3
years after funds are made available for this Act.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection,
the local coordinating entity shall not qualify for Federal
funding under this Act until such time as the management plan
is submitted to and approved by the Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
local coordinating entity, provide technical and financial
assistance on a reimbursable or non-reimbursable basis (as
determined by the Secretary) to the Heritage Area to develop
and implement the approved management plan. The Secretary is
authorized to enter into cooperative agreements with the local
coordinating entity and other public or private entities for
this purpose.
(2) Priority actions.--In assisting the Heritage Area, the
Secretary shall give priority to actions that in general assist
in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 180 days after receiving the
management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement, including public hearings, in the
preparation of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area;
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan; and
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
local coordinating entity in writing of the reasons therefore
and shall make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision within 180 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved
in the same manner as provided for the original management
plan. The local coordinating entity shall not use Federal funds
authorized by this Act to implement any amendments until the
Secretary has approved the amendments.
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--This Act shall not affect the authority of any
Federal official to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act shall be construed to--
(1) abridge the rights of any property owner, whether
public or private, including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) require any property owner to permit public access
(including Federal, Tribal, State, or local government access)
to such property or to modify provisions of Federal, Tribal,
State, or local law with regard to public access or use of
private lands;
(3) alters any duly adopted land use regulations or
approved land use plan or any other regulatory authority of any
Federal, State, or local agency, or Tribal government or to
convey any land-use or other regulatory authority to any local
coordinating entity;
(4) authorizes or imply the reservation or appropriation of
water or water rights;
(5) diminish the authority of the State to manage fish and
wildlife including the regulation of fishing and hunting within
the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any persons injured on such private property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act $10,000,000, of which not more than $1,000,000
shall be made available for any fiscal year.
(b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.
(c) Administrative Costs.--The local coordinating entity may not
expend more than 15 percent of funds made available under this Act for
administrative costs.
SEC. 11. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent to the management entity for such
preservation, conservation, or promotion.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have that private
property immediately removed from the boundary by submitting a written
request to the management entity.
SEC. 12. SUNSET.
The authority of the Secretary to provide financial assistance
under this Act shall terminate on the day occurring 15 years after the
date of the enactment of this Act. | Muscle Shoals National Heritage Area Act - Establishes the Muscle Shoals National Heritage Area in Alabama.
Designates the Muscle Shoals Regional Center as the local coordinating entity for the Area.
Requires the Muscle Shoals Regional Center to prepare and submit a management plan for the Area.
Prohibits the Muscle Shoals Regional Center from using federal funds received under this Act to acquire real property. | {"src": "billsum_train", "title": "To establish the Muscle Shoals National Heritage Area in the State of Alabama, and for other purposes."} | 3,369 | 91 | 0.579162 | 1.554819 | 0.816392 | 3.915493 | 46.056338 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Improvements
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to ensure that amounts provided under the section 8
rental assistance program for low-income families for use in
communities having affordable housing needs can be fully used
within such communities to benefit low-income families needing
affordable housing;
(2) to provide flexibility in the use of unused amounts
made available under the section 8 tenant-based rental
assistance program so that amounts made available to public
housing agencies in jurisdictions having insufficient numbers
of affordable housing dwelling units to exhaust their section 8
funds can be used under the HOME investment partnerships
program, or for activities eligible for assistance under the
public housing Capital Fund;
(3) to provide for development of affordable housing in
communities needing such housing, without supplanting existing
appropriations for the section 8 program; and
(4) to promote and facilitate quality and affordable
housing for low-income families.
SEC. 3. AUTHORITY TO TRANSFER UNUSED SECTION 8 RENTAL ASSISTANCE
AMOUNTS.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by adding at the end the following new subsection:
``(ee) Transfer of Unused Tenant-Based Assistance Amounts for Use
Under HOME and Public Housing Capital Fund Programs.--
``(1) Authority.--In lieu of reallocating the unused
tenant-based assistance of a public housing agency, the
Secretary may authorize the agency to transfer all or a portion
of such assistance, as provided in this subsection only--
``(A) to the HOME Investment Trust Fund for an
applicable participating jurisdiction of the agency for
use only under section 212(a)(4) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12742(a)(4)); or
``(B) for use for activities eligible for
assistance by such agency with amounts provided from
the Capital Fund under section 9(d).
``(2) Period of use.--Any amounts transferred under this
subsection shall be available for use as provided in paragraph
(1) only until the expiration of the 18-month period beginning
upon approval of the request under paragraph (2) for such
transfer.
``(3) Request for transfer.--The Secretary may authorize
transfer of unused tenant-based assistance of a public housing
agency pursuant to this subsection only pursuant to a written
request for transfer of such amounts that complies with the
following requirements:
``(A) Preparation.--The request shall be prepared,
and submitted to the Secretary, by--
``(i) in the case of a request for transfer
of amounts to the HOME Investment Trust Fund,
the applicable participating jurisdiction of
the agency, after consultation and agreement
with the public housing agency having such
unused assistance amounts; and
``(ii) in the case of a request for
transfer of amounts for use for Capital Fund
activities, the public housing agency.
``(B) Contents.--The request shall include--
``(i) information on the affordable housing
needs, conditions, and availability in the
geographical area served by the agency, which
shall include information regarding vacancy rates, waiting lists for
rental assistance under this section, rates for return of vouchers for
such rental assistance, and any other information the agency considers
appropriate;
``(ii) a certification that the agency is
in compliance with applicable laws and
regulations regarding management of the program
for tenant-based assistance under this section
and, because of circumstances beyond the
control of the agency, cannot increase its rate
of use of tenant-based assistance amounts;
``(iii) a detailed description of the
agency's efforts to assist eligible families to
utilize the unused assistance;
``(iv) a proposal describing how the unused
assistance will be used under title II of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12721 et seq.) or for activities
eligible for assistance with amounts provided
from the Capital Fund under section 9(d) of
this Act (42 U.S.C. 1437g(d)), as applicable;
and
``(v) any other information or
certifications that the Secretary considers
appropriate.
``(C) Timing.--A request under this paragraph shall
be submitted to the Secretary during the 60-day period
ending upon the conclusion of the fiscal year of the
public housing agency involved. The Secretary shall
determine whether to approve such request, and notify
the applicable participating jurisdiction and the
public housing agency involved of such determination,
not later than 30 days after the request is submitted.
``(4) Determination regarding use of assistance.--The
Secretary may authorize transfer of unused tenant-based
assistance of a public housing agency pursuant to this
subsection only if the Secretary determines, on the basis of
the request under paragraph (3), that the unused assistance--
``(A) if used under title II of the Cranston-
Gonzalez National Affordable Housing Act, will be used
in accordance with sections 212(a)(4) and 214(b) of
such Act (42 U.S.C. 12742(a)(4), 12744(b));
``(B) will be used to meet the needs described in
the request submitted pursuant to paragraph (3)(B)(i);
``(C) will be used consistent with the
comprehensive housing affordability strategy of the
jurisdiction submitted under section 105 of such Act
(42 U.S.C. 12705) and, if applicable, the public
housing agency plan for the agency; and
``(D) can and will be used as provided in this
subsection within 18 months of the Secretary's
determination to authorize use under this subsection.
``(5) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Applicable participating jurisdiction.--The
term `applicable participating jurisdiction' means,
with respect to a public housing agency, a
participating jurisdiction (as such term is defined in
section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704)) any part of
which is located within the geographical area served by
such agency.
``(B) Leasing rate.--The term `leasing rate' means,
with respect to an amount of budget authority made
available for tenant-based assistance, the ratio of the
number of dwelling units leased using such budget
authority to the number of reserved units for such
budget authority.
``(C) Reserved units.--The term `reserved units'
means, with respect to an amount of budget authority
made available for tenant-based assistance, the total
number of dwelling units that may be leased using such
budget authority.
``(D) Unused tenant-based assistance.--The term
`unused tenant-based assistance' means any budget
authority for tenant-based assistance made available to
a public housing agency that remains unused and, under
the regulations and notices of the Secretary, is
subject to reallocation to other agencies based upon
the leasing rate of the agency.''.
SEC. 4. USE OF TRANSFERRED AMOUNTS UNDER HOME INVESTMENT PARTNERSHIPS
PROGRAM.
(a) Use Within Jurisdiction of Transferring PHA.--Section 212(a) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(a)) is amended by inserting after paragraph (3) the following new
paragraph:
``(4) Unused public housing agency amounts.--Any amounts in
the HOME Investment Trust Fund for a participating jurisdiction
pursuant to transfer under section 8(ee) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(ee)) may be used, as
provided in this section, to develop and support only
affordable rental housing and affordable housing for
homeownership, that is located in a geographical area of the
participating jurisdiction that is within the area served by
the public housing agency that transferred such amounts.''.
(b) Targeting Requirements.--Section 214 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12744) is amended--
(1) by striking ``Each'' and inserting ``(a) In General.--
Except as provided in subsection (b), each''; and
(2) by adding at the end the following new subsection:
``(b) Unused Public Housing Agency Amounts.--In the case only of
amounts in the HOME Investment Trust Fund for a participating
jurisdiction pursuant to transfer under section 8(ee) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(ee)), the participating
jurisdiction shall invest such amounts so that--
``(1) with respect to rental assistance and rental units--
``(A) not less than 75 percent of (i) the families
receiving such rental assistance are families whose
incomes do not exceed 30 percent of the median family
income for the area, as determined by the Secretary
with adjustments for smaller and larger families
(except that the Secretary may establish income
ceilings higher or lower than 30 percent of the median
income for the area on the basis of the Secretary's
findings that such variations are necessary because of
prevailing levels of construction cost or fair market
rent, or unusually high or low family income) at the
time of occupancy or at the time funds are invested,
whichever is later, or (ii) the dwelling units assisted
with such funds are occupied by families having such
incomes; and
``(B) the remainder of (i) the families receiving
such rental assistance are households that qualify as
low-income families (other than families described in
subparagraph (A)) at the time of occupancy or at the
time funds are invested, whichever is later, or (ii)
the dwelling units assisted with such funds are
occupied by such households;
``(2) with respect to homeownership assistance, not less
than 75 percent of such funds are invested with respect to
dwelling units that are occupied by households having incomes
described in paragraph (1)(A)(i) and the remainder of such
funds are invested with respect to dwelling units that are
occupied by households that qualify as low-income families; and
``(3) all such funds are invested with respect to housing
that qualifies as affordable housing under section 215.''.
SEC. 5. APPLICABILITY.
The amendments made by this Act shall apply only to tenant-based
assistance under section 8 of the United States Housing Act of 1937
that is appropriated for fiscal year 2003 or any fiscal year
thereafter.
SEC. 6. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall issue final
regulations to carry out the amendments made by this Act. | Affordable Housing Improvements Act - Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development to transfer unused section 8 rental assistance amounts for use under the HOME investment partnerships and public housing Capital Fund programs. Limits such funds' availability to18 months.Amends the Cranston-Gonzalez National Affordable Housing Act respecting HOME investment program use of such funds to: (1) require use within the jurisdiction of the recipient public housing agency; and (2) target specified income-based families for rental and homeownership assistance. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to permit public housing agencies to transfer unused low-income rental assistance amounts for use under the HOME investment partnerships program or for activities eligible for assistance from the public housing Capital Fund."} | 2,379 | 115 | 0.669264 | 1.671273 | 0.614893 | 3.627451 | 21.45098 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Firefighters Fairness Act of
2011''.
SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF
DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN FIRE
PROTECTION ACTIVITIES.
(a) Definition.--Section 8101 of title 5, United States Code, is
amended by striking ``and'' at the end of paragraph (19), by striking
the period at the end of paragraph (20) and inserting ``; and'', and by
adding at the end the following:
``(21) `employee in fire protection activities' means a
firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous material worker,
who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk; and
``(D) performs such activities as a primary
responsibility of his or her job.''.
(b) Presumption Relating to Employees in Fire Protection
Activities.--Section 8102 of title 5, United States Code, is amended by
adding at the end the following:
``(c)(1) With regard to an employee in fire protection activities,
a disease specified in paragraph (3) shall be presumed to be
proximately caused by the employment of such employee, subject to the
length of service requirements specified. The disability or death of an
employee in fire protection activities due to such a disease shall be
presumed to result from personal injury sustained while in the
performance of such employee's duty. Such presumptions may be rebutted
by a preponderance of the evidence.
``(2) Such presumptions apply only if the employee in fire
protection activities is diagnosed with the disease for which
presumption is sought within 10 years of the last active date of
employment as an employee in fire protection activities.
``(3) The following diseases shall be presumed to be proximately
caused by the employment of the employee in fire protection activities:
``(A) If the employee has been employed for a minimum of 5
years in aggregate as an employee in fire protection
activities:
``(i) Heart disease.
``(ii) Lung disease.
``(iii) The following cancers:
``(I) Brain cancer.
``(II) Cancer of the blood or lymphatic
systems.
``(III) Leukemia.
``(IV) Lymphoma (except Hodgkin's disease).
``(V) Multiple myeloma.
``(VI) Bladder cancer.
``(VII) Kidney cancer.
``(VIII) Testicular cancer.
``(IX) Cancer of the digestive system.
``(X) Colon cancer.
``(XI) Liver cancer.
``(XII) Skin cancer.
``(XIII) Lung cancer.
``(iv) Any other cancer the contraction of which
the Secretary of Labor through regulations determines
to be related to the hazards to which an employee in
fire protection activities may be subject.
``(B) Regardless of the length of time an employee in fire
protection activities has been employed, any uncommon
infectious disease, including but not limited to tuberculosis,
hepatitis A, B, or C, the human immunodeficiency virus (HIV),
and any other uncommon infectious disease the contraction of
which the Secretary of Labor through regulations determines to
be related to the hazards to which an employee in fire
protection activities may be subject.''.
(c) Report.--Not later than 5 years after the date of enactment of
this Act, the National Institute of Occupational Safety and Health in
the Centers for Disease Control and Prevention shall examine the
implementation of this Act and appropriate scientific and medical data
related to the health risks associated with firefighting and submit to
Congress a report which shall include--
(1) an analysis of the injury claims made under this Act;
(2) an analysis of the available research related to the
health risks associated with firefighting; and
(3) recommendations for any administrative or legislative
actions necessary to ensure that those diseases most associated
with firefighting are included in the presumption created by
this Act.
(d) Effective Date.--The amendment made by this section applies to
an injury that is first diagnosed or a death that occurs, on or after
the date of enactment of this Act. | Federal Firefighters Fairness Act of 2011- Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus, and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment if the employee is diagnosed with the disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence.
Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job.
Directs the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention (CDC) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act. | {"src": "billsum_train", "title": "To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employee's duty."} | 1,055 | 388 | 0.76263 | 2.513778 | 0.806042 | 6.502941 | 2.811765 | 0.973529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Informational Call Act of
2011''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 227(a) of the Communications Act of 1934
(47 U.S.C. 227(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The term `automatic telephone dialing system' means
equipment which uses a random or sequential number generator to
produce telephone numbers to be called and to dial such
numbers.'';
(2) in paragraph (2)--
(A) by striking ``subsection (b)(1)(C)(i)'' and
inserting ``paragraph (3) and subsection
(b)(1)(C)(i)'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B), by striking ``paragraph
(2)(G)).'' and inserting ``subsection (b)(2)(G); and'';
and
(D) by adding at the end the following:
``(C) this paragraph shall not apply for purposes
of determining whether an established business
relationship exists for purposes of prior express
consent to a call that is a telephone solicitation.'';
(3) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) The term `prior express consent' means the oral or
written approval of a person--
``(A) for the initiation of a telephone call to
such person by or on behalf of an entity with which
such person has an established business relationship;
and
``(B) that is provided when such person purchases a
good or service or at any other point during such
relationship.
A person who provides a telephone number as a means of contact
evidences consent under this paragraph.''.
(b) Conforming Amendment.--Section 227(c)(1)(D) of the
Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by
striking ``subsection (a)(3)'' and inserting ``subsection (a)(5)''.
SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.
(a) In General.--Section 227(b)(1)(A) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:
``(A) to make any call (other than a call made for
emergency purposes or made with the prior express
consent of the called party) using any automatic
telephone dialing system or an artificial or
prerecorded voice--
``(i) to any emergency telephone line
(including any `911' line and any emergency
line of a hospital, medical physician or
service office, health care facility, poison
control center, or fire protection or law
enforcement agency);
``(ii) to the telephone line of any guest
room or patient room of a hospital, health care
facility, elderly home, or similar
establishment;
``(iii) to any telephone number assigned to
a paging service; or
``(iv) to any telephone number assigned to
a cellular telephone service, specialized
mobile radio service, or other radio common
carrier service, or any service for which the
called party is charged for the call, unless
the call is made for a commercial purpose that
does not constitute a telephone
solicitation;''.
(b) Conforming Amendment.--Section 227(b)(2)(C) of the
Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by
striking ``paragraph (1)(A)(iii)'' and inserting ``paragraph
(1)(A)(iv)''.
(c) Technical Correction.--Section 227(b)(1) of the Communications
Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking ``It shall''
and all that follows through ``United States--'' and inserting the
following: ``It shall be unlawful for any person within the United
States, or any person outside the United States if the recipient is
within the United States--''.
SEC. 4. EFFECT ON STATE LAW.
Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C.
227(f)(1)) is amended to read as follows:
``(1) In general.--No requirement or prohibition may be
imposed under the laws of any State with respect to any subject
matter regulated under this section, except for telephone
solicitations.''. | Mobile Informational Call Act of 2011 - Amends the Communications Act of 1934 to revise the categories of calls (other than a call made for emergency purposes or made with the prior express consent of the called party) in which people are prohibited from using any automatic telephone dialing system or an artificial or prerecorded voice. Prohibits such calls to any telephone number assigned to a cellular service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless the call is made for a commercial purpose that does not constitute a telephone solicitation.
Defines "prior express consent" as the oral or written approval of a person: (1) for the initiation of a telephone call to such person by or on behalf of an entity with which such person has an established business relationship, and (2) that is provided when such person purchases a good or service or at any other point during such relationship.
Deems a person who provides a telephone number as a means of contact to have evidenced such consent.
Prohibits a state from imposing any requirement or prohibition with respect to the use of telephone equipment subject to federally regulated restrictions, except for telephone solicitations. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes."} | 1,095 | 273 | 0.597669 | 1.693946 | 0.760765 | 5.544681 | 3.910638 | 0.906383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welcoming Business Travelers and
Tourists to America Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) International travel to the United States generates
more than $134 billion annually in exports and supports 1.8
million United States jobs.
(2) Each overseas visitor spends an average of $4,000 at
hotels, restaurants, and other United States businesses.
(3) As an industry sector, travel and tourism creates one
of the country's only balance-of-trade surpluses, valued at
$31.7 billion in 2010.
(4) Global travel spending is expected to double over the
next decade, reaching $2.1 trillion.
(5) While world-wide long-haul international travel grew by
40 percent between 2000 and 2010, the United States market
share of long-haul travel dropped from 17 percent in 2000 to 12
percent during the same timeframe.
(6) Over that decade, the United States lost the
opportunity to welcome 78 million visitors and generate $606
billion in direct and downstream spending.
(7) The volume of travel to the United States, as compared
with other global destinations, is particularly uncompetitive
from emerging markets with fast growing demand.
(8) Lagging overseas arrivals result in large part from a
United States visa application process that is perceived by
potential business and leisure travelers as inefficient, time
consuming, and inaccessible.
(9) The Government Accountability Office has reported that
the Department of State's efforts to address staffing,
facilities, and other consular constraints are generally
temporary, unsustainable, and insufficient to meet expected
increases in demand for nonimmigrant visa applications.
(10) Instituting new procedures to make the visa process
more efficient without reducing security protocols and
developing longer-term plans that accurately meet increasing
workload demand can systemically address visa application
backlogs and inefficiencies.
(11) By regaining 17 percent of the long-haul travel market
in 2015 and sustaining it through 2020, the United States can
attract 98 million more visitors, create 1.3 million additional
jobs, and generate $859 billion in United States economic
output by 2020.
(12) Increased international travel to the United States
also achieves United States foreign policy objectives by
introducing foreign visitors the United States and to
Americans, who are the United States best goodwill ambassadors.
(13) The Department of State recently implemented some
reforms to accelerate visa application processing in China and
Brazil, laying the foundation to increase capacity, but still
requires additional reforms to meet demand on a permanent,
systemic basis.
(14) Removing the self-imposed barriers in the visa
application process that currently discourage inbound
international travel to the United States would yield
significant economic and public diplomacy benefits for the
United States.
SEC. 3. VISA PROCESSING.
Notwithstanding any other provision of law, the Secretary of State
shall set a visa processing standard of 12 or fewer calendar days at
United States diplomatic and consular missions in China, Brazil, and
India, and use machine readable nonimmigrant visa fees to hire a
sufficient number of Foreign Service officers and limited non-career
appointment consular officers to meet and maintain such standard
throughout the year.
SEC. 4. VISA VIDEO-CONFERENCING.
(a) Pilot Program.--The Secretary of State shall conduct a two-year
pilot program for the processing of nonimmigrant visas using secure
remote video-conferencing technology as a method for conducting visa
interviews of applicants, and shall work with other Federal agencies
that use such secure communications to help ensure security of the
video-conferencing transmission and encryption.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall initiate a
rulemaking process to establish the pilot program described in
subsection (a), criteria for participation in such program, and the fee
for such program in accordance with subsection (d).
(c) Participation.--The Secretary of State shall ensure that the
pilot program described in subsection (a) includes as many visa
applicants as practicable by--
(1) establishing a reasonable cost of enrollment;
(2) providing such applicants with clear and consistent
eligibility guidelines; and
(3) making program enrollment convenient and easily
accessible.
(d) Fees.--The Secretary of State may impose a fee for the pilot
program described in subsection (a). Such fee may not exceed the
aggregate costs associated with such program and shall be credited to
the Department of State for purposes of carrying out such program.
Amounts so credited shall remain available until expended.
(e) Report.--Not later than one year after initiating the pilot
program described in subsection (a) and again not later than 90 days
after the conclusion of the two-year period referred to in such
subsection, the Secretary of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on such pilot program. Each
such report shall assess the efficacy of using secure remote video-
conferencing technology as a method for conducting visa interviews of
applicants, including any effect such method may have on an
interviewer's ability to determine an applicant's credibility and
uncover fraud, and shall include recommendations on whether such
program should be continued, broadened, or modified.
SEC. 5. DATA ON VISA INTERVIEW WAIT TIMES.
The Secretary of State shall post on the Web site of the Department
of State the following data relating to nonimmigrant visas for each
United States diplomatic and consular mission:
(1) The monthly median wait times measured in calendar days
for the past 12 months for a nonimmigrant visa interview
appointment.
(2) The monthly median wait times measured in calendar days
for the past 12 months for a nonimmigrant visa to be processed.
SEC. 6. VISA SYSTEM PERFORMANCE ASSESSMENT.
The Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that includes the following:
(1) An annual forecast of demand through 2020 for
nonimmigrant visas in the key high-growth markets of Brazil,
China, and India.
(2) A description of the methodology used to determine the
annual demand forecasts in accordance with paragraph (1) for
nonimmigrant visas in Brazil, China, and India, including--
(A) details on the internal and external studies
utilized to prepare such forecasts; and
(B) details on whether such methodology utilizes
the Department of Commerce's analysis of visitor
arrival projections.
(3) A comparison of the Department of State's nonimmigrant
visa demand projections and the Department of Commerce's yearly
visitor arrival projections for Brazil, China, and India
through 2020 and details on whether the Department of State's
workload projections for each such country align with the
Department of Commerce's yearly visitor arrival projections.
(4) A description of the practices and procedures currently
used by each United States diplomatic and consular mission in
Brazil, China, and India to manage nonimmigrant visa workload.
(5) Information on short- and long-term plans developed to
meet the forecasted demand for nonimmigrant visas through 2020
in Brazil, China, and India, including facility expansion
needs.
(6) The total number of limited non-career appointment
(LNA) consular officers the Department of State would need to
hire annually through 2020 to maintain a 12 or fewer calendar
day nonimmigrant visa processing standard in Brazil, China, and
India, in accordance with section 3.
(7) Information on the strategies the Department of State
will use to maximize existing consular and embassy space to
accommodate the new LNA personnel referred to in paragraph (6).
SEC. 7. VISA VALIDITY PERIOD.
If the Secretary of State can demonstrate no adversarial effects to
the United States, the Secretary may modify or enter into agreements
with certain countries on a non-reciprocal basis to allow for longer
visa validity periods than the periods with such countries that are in
existence as of the date of the enactment of this Act. | Welcoming Business Travelers and Tourists to America Act of 2011 - Directs the Secretary of State to: (1) set a visa processing standard of 12 or fewer calendar days at U.S. diplomatic and consular missions in China, Brazil, and India; and (2) use machine readable nonimmigrant visa fees to hire a sufficient number of Foreign Service officers and limited non-career appointment consular officers to maintain such standard.
Directs the Secretary to: (1) conduct a two-year pilot program for the processing of nonimmigrant visas using secure remote video-conferencing technology for visa interviews, and (2) work with other federal agencies that use such secure communications to help ensure security of the video-conferencing transmission and encryption.
Directs the Secretary to provide Congress with an annual forecast of demand through 2020 for nonimmigrant visas in the high-growth markets of Brazil, China, and India.
Authorizes the Secretary to modify or enter into agreements with certain countries on a non-reciprocal basis to allow for longer visa validity periods if doing so causes no adverse effects to the United States. | {"src": "billsum_train", "title": "To promote job creation in the United States by directing the Secretary of State to address inefficiencies in the visa processing system that discourage overseas business and leisure travel to the United States, and for other purposes."} | 1,730 | 234 | 0.53841 | 1.765243 | 0.647576 | 6.418269 | 8.028846 | 0.956731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The power to dispose of and make all needful rules and
regulations governing lands belonging to the United States is
vested in the Congress under article IV, section 3, of the
Constitution.
(2) Some Federal land designations made pursuant to
international agreements concern land use policies and
regulations for lands belonging to the United States which
under article IV, section 3, of the Constitution can only be
implemented through laws enacted by the Congress.
(3) Some international land designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, which have no legislative
directives or authorization from the Congress.
(4) Actions by the United States in making such
designations may affect the use and value of nearby or
intermixed non-Federal lands.
(5) The sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power.
(6) Private property rights are essential for the
protection of freedom.
(7) Actions by the United States to designate lands
belonging to the United States pursuant to international
agreements in some cases conflict with congressional
constitutional responsibilities and State sovereign
capabilities.
(8) Actions by the President in applying certain
international agreements to lands owned by the United States
diminishes the authority of the Congress to make rules and
regulations respecting these lands.
(b) Purpose.--The purposes of this Act are the following:
(1) To reaffirm the power of the Congress under article IV,
section 3, of the Constitution over international agreements
which concern disposal, management, and use of lands belonging
to the United States.
(2) To protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating lands pursuant to international agreements.
(3) To ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal actions designating lands pursuant to international
agreements for purposes of imposing restrictions on use of
those lands.
(4) To protect private interests in real property from
diminishment as a result of Federal actions designating lands
pursuant to international agreements.
(5) To provide a process under which the United States may,
when desirable, designate lands pursuant to international
agreements.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
(1) in subsection (a) in the first sentence, by--
(A) inserting ``(in this section referred to as the
`Convention')'' after ``1973''; and
(B) inserting ``and subject to subsections (b),
(c), (d), (e), and (f)'' before the period at the end;
(2) in subsection (b) in the first sentence, by inserting
``, subject to subsection (d),'' after ``shall''; and
(3) adding at the end the following new subsections:
``(d) The Secretary of the Interior shall not nominate any lands
owned by the United States for inclusion on the World Heritage List
pursuant to the Convention unless such nomination is specifically
authorized by a law enacted after the date of enactment of the American
Land Sovereignty Protection Act of 1996. The Secretary may from time to
time submit to the Speaker of the House and the President of the Senate
proposals for legislation authorizing such a nomination.
``(e) The Secretary of the Interior shall object to the inclusion
of any property in the United States on the list of World Heritage in
Danger established under Article 11.4 of the Convention unless--
``(1) the Secretary has submitted to the Speaker of the
House and the President of the Senate a report describing the
necessity for including that property on the list; and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list, by a joint
resolution of the Congress enacted after the date that report
is submitted.
``(f) The Secretary of the Interior shall submit an annual report
on each World Heritage Site within the United States to the Chairman
and Ranking Minority member of the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each site:
``(1) An accounting of all money expended to manage the
site.
``(2) A summary of Federal full time equivalent hours
related to management of the site.
``(3) A list and explanation of all nongovernmental
organizations contributing to the management of the site.
``(4) A summary and account of the disposition of
complaints received by the Secretary related to management of
the site.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNITED NATIONS BIOSPHERE
RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
``(b) Any designation of an area in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization shall not
have, and shall not be given, any force or effect, unless the Biosphere
Reserve--
``(1) is specifically authorized by a law enacted after the
date of enactment of the American Land Sovereignty Protection
Act of 1996 and before December 31, 1999;
``(2) consists solely of lands that on the date of that
enactment are owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of intermixed or adjacent non-Federal
property is not limited or restricted as a result of that
designation.
``(c) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each reserve:
``(1) An accounting of all money expended to manage the
reserve.
``(2) A summary of Federal full time equivalent hours
related to management of the reserve.
``(3) A list and explanation of all nongovernmental
organizations contributing to the management of the reserve.
``(4) A summary and account of the disposition of the
complaints received by the Secretary related to management of
the reserve.''.
SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end
the following new section:
``Sec. 404. (a) No Federal official may nominate, classify, or
designate any lands owned by the United States and located within the
United States for a special or restricted use under any international
agreement unless such nomination, classification, or designation is
specifically authorized by law. The President may from time to time
submit to the Speaker of the House of Representatives and the President
of the Senate proposals for legislation authorizing such a nomination,
classification, or designation.
``(b) A nomination, classification, or designation of lands owned
by a State or local government, under any international agreement shall
have no force or effect unless the nomination, classification, or
designation is specifically authorized by a law enacted by the State or
local government, respectively.
``(c) A nomination, classification, or designation of privately
owned lands under any international agreement shall have no force or
effect without the written consent of the owner of the lands.
``(d) This section shall not apply to--
``(1) sites nominated under the Convention on Wetlands of
International Importance Especially as Waterfowl Habitat
(popularly known as the Ramsar Convention);
``(2) agreements established under section 16(a) of the
North American Wetlands Conservation Act (16 U.S.C. 4413); and
``(3) conventions referred to in section 3(h)(3) of the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
``(e) In this section, the term `international agreement' means any
treaty, compact, executive agreement, convention, or bilateral
agreement between the United States or any agency of the United States
and any foreign entity or agency of any foreign entity, having a
primary purpose of conserving, preserving, or protecting the
terrestrial or marine environment, flora, or fauna.''.
SEC. 6. CLERICAL AMENDMENT.
Section 401(b) of the National Historic Preservation Act Amendments
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on
Natural Resources'' and inserting ``Committee on Resources''. | American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by law. Authorizes the Secretary to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has submitted to specified congressional officials a report describing the necessity for such inclusion; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Requires the Secretary to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each World Heritage Site within the United States regarding: (1) an accounting of all money expended to manage the Site; (2) a summary of Federal full time equivalent hours related to its management; (3) a list and explanation of all nongovernmental organizations contributing to such management; and (4) a summary and account of the disposition of complaints received by the Secretary related to it. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Requires the Secretary of State to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each Biosphere Reserve within the United States regarding: (1) an accounting of all money expended to manage the Reserve; (2) a summary of Federal full time equivalent hours related to its management; (3) a list and explanation of all nongovernmental organizations contributing to such management; and (4) a summary and account of the disposition of complaints received by the Secretary related to it. (Sec. 5) Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law; (2) State or local government lands unless authorized by State or local law; or (3) privately owned lands without the owner's consent. Provides that such prohibition shall not apply to: (1) sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (popularly known as the Ramsar Convention); (2) agreements established under the North American Wetlands Conservation Act; and (3) conventions referred to in the Fish and Wildlife Improvement Act of 1978. | {"src": "billsum_train", "title": "American Land Sovereignty Protection Act of 1996"} | 2,093 | 697 | 0.600748 | 1.925174 | 0.622243 | 6.259554 | 3.151274 | 0.941083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EEOICPA Amendment Act of 2010''.
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND
WORKER HEALTH.
(a) Advisory Board on Toxic Substances and Worker Health.--Subtitle
E of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the
following new section:
``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (in this section referred to as the `Board').
``(2) Consultation on appointments.--The President shall
make appointments to the Board in consultation with
organizations with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance
of perspectives from the scientific, medical, legal, worker,
and worker advocate communities.
``(3) Chair.--The President shall designate a Chair for the
Board from among its members.
``(b) Duties.--The Board shall--
``(1) advise the Secretary, the Secretary of Energy, and
the Secretary of Health and Human Services concerning the
review and approval of the site exposure matrix used to
determine eligibility for compensation under this subtitle for
illnesses resulting from exposure to toxic substances;
``(2) periodically review and approve guidance provided to
claims examiners on weighing medical evidence under this
subtitle;
``(3) review reports by consulting physicians to ensure
quality, objectivity, and consistency; and
``(4) coordinate exchanges of data and findings with the
Advisory Board on Radiation and Worker Health to the extent
necessary.
``(c) Staff.--
``(1) In general.--The Secretary shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The Secretary may accept
as staff of the Board personnel on detail from other Federal
agencies as necessary to enable the Board to carry out its
duties under this section. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
``(3) Contractors.--The Secretary shall employ outside
contractors and specialists selected by the Board to support
the work of the Board.
``(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, while
serving away from their homes or regular places of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(e) Security Clearances.--
``(1) Application.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate.
``(2) Determination.--The Secretary of Energy should, not
later than 180 days after receiving a completed application for
a security clearance under this subsection, make a
determination whether or not the individual concerned is
eligible for the clearance.
``(3) Report.--For fiscal year 2012 and each fiscal year
thereafter, the Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report specifying the number of
applications for security clearances under this subsection, the
number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
Restricted Data (as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
Act.''.
(b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s-
15) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Response to Report.--
``(1) Timing.--Not later than 90 days after the publication
of the annual report under subsection (e), the Secretary shall
submit to Congress a written response to the report.
``(2) Contens of response.--
``(A) Agreement.--If the Secretary agrees with a
finding of the Ombudsman in the report, the Secretary
shall include in the response proposed actions to
address any issues raised by the finding.
``(B) Disagreement.--If the Secretary disagrees
with a finding of the Ombusman in the report, the
Secretary shall include in the response the reasons of
disagreement with the finding.
``(3) Publication.--The Secretary shall post the response
on the public Internet site of the Department of Labor.''. | EEOICPA Amendment Act of 2010 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances.
(The SEM is a Department of Labor database on the presence of toxic substances at DOE and Radiation Exposure Compensation Act [RECA] facilities, as well as of information on scientifically established links between toxic substances and illnesses.) | {"src": "billsum_train", "title": "To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act."} | 1,280 | 168 | 0.621162 | 1.770995 | 0.715623 | 3.184397 | 8.035461 | 0.843972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Food Act of 1997''.
SEC. 2. PURPOSES.
It is the purpose of this Act--
(1) to establish a single agency, the Food Safety
Administration, to regulate food safety and labeling and to
conduct food safety inspections to ensure, with reasonable
certainty, that no harm will result from the consumption of
food by preventing food-borne illnesses due to microbial,
natural, or chemical hazards in food; and
(2) to transfer to the Food Safety Administration the food
safety, labeling, and inspection functions currently performed
by other Federal agencies.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Administration.--The term ``Administration'' means the
Food Safety Administration established under section 4.
(2) Food safety laws.--The term ``food safety laws''
means--
(A) the Federal Meat Inspection Act (21 U.S.C. 601
et seq.);
(B) the Poultry Products Inspection Act (21 U.S.C.
451 et seq.);
(C) the Egg Products Inspection Act (21 U.S.C. 1031
et seq.);
(D) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), with regard to food safety,
labeling, and inspection under that Act;
(E) the food safety responsibilities under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.); and
(F) such other laws and portions of laws regarding
food safety, labeling, and inspection that the
President considers appropriate to consolidate under
the administration of the Administration.
SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.
(a) Establishment of Administration.--There is established in the
executive branch an agency to be known as the ``Food Safety
Administration''. The Administration shall be an independent
establishment, as defined in section 104 of title 5, United States
Code.
(b) Responsibilities of Administration.--The Administration shall
be responsible for the administration and enforcement of the food
safety laws.
SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES
AND AGENCIES.
(a) Termination.--As soon as possible after the effective date of
this Act, the President shall terminate the Federal agencies specified
in subsection (b) to the extent that the activities of such agencies
relate to the administration or enforcement of the food safety laws.
(b) Covered Agencies.--The Federal agencies referred to in
subsection (a) are the following:
(1) The Food Safety and Inspection Service of the
Department of Agriculture.
(2) The Center for Food Safety and Applied Nutrition of the
Food and Drug Administration.
(3) The Center for Veterinary Medicine of the Food and Drug
Administration.
(4) The National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration of the Department of
Commerce.
(5) The Office of Pesticide Programs under the Assistant
Administrator of the Environmental Protection Agency for
Prevention, Pesticides, and Toxic Substances.
(6) Such other offices, services, or agencies as the
President may designate to further the purposes of this Act.
(c) Transfer of Assets and Funds.--Consistent with section 1531 of
title 31, United States Code, the personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds of a
Federal agency terminated in whole or in part under subsection (a) that
are used in connection with the administration or enforcement of the
food safety laws shall be transferred to the Administration upon the
termination of the Federal agency. Unexpended funds transferred
pursuant to this subsection shall be used by the Administration only
for the purposes for which the funds were originally authorized and
appropriated.
(d) References.--After the termination of a Federal agency under
subsection (a), any reference in any other Federal law, Executive
order, rule, regulation, document, or other material to that Federal
agency or the head of that agency in connection with the administration
or enforcement of the food safety laws shall be deemed to be a
reference to the Administration.
(e) Savings Provisions.--The termination of a Federal agency under
subsection (a) shall not affect--
(1) an order, determination, rule, regulation, permit,
agreement, grant, contract, certificate, license, registration,
privilege, or other administrative action issued, made,
granted, or otherwise in effect with respect to that agency
before the termination date regarding functions transferred to
the Administration under this Act; and
(2) any suit commenced before the termination of that
agency, any other proceeding (including a notice of proposed
rulemaking), or any application for any license, permit,
certificate, or financial assistance pending before that agency
with respect to functions transferred to the Administration
under this Act.
SEC. 6. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.
For the first fiscal year beginning after the date of enactment of
this Act, the amount authorized to be appropriated to carry out this
Act shall not exceed the amount appropriated for fiscal year 1998 for
the Federal agencies to be terminated under section 5(a) to administer
the food safety laws.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the earlier of--
(1) the date that is 180 days after the date of enactment
of this Act; and
(2) such date during that 180-day period as the President
may direct in an Executive order. | Safe Food Act of 1997 - Establishes in the executive branch an independent Food Safety Administration which shall administer and enforce the food safety laws.
Directs the President to terminate specified food safety-related Federal agencies to the extent their activities relate to the administration or enforcement of food safety laws. | {"src": "billsum_train", "title": "Safe Food Act of 1997"} | 1,246 | 59 | 0.627 | 1.410392 | 1.3004 | 3.2 | 20.745455 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonwealth of the Northern Mariana
Islands Reform Act''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) The Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United
States of America was approved by Congress pursuant to Public
Law 94-241, 90 Stat. 263.
(2) At the time that the Covenant was being negotiated,
representatives of the government of the Northern Mariana
Islands expressed concern that United States immigration laws
would allow unrestricted immigration into their small island
community.
(3) In response to these concerns, section 503(a) of the
Covenant provided that the Immigration and Naturalization Act
did not immediately apply to the Commonwealth of the Northern
Mariana Islands.
(4) Congress expressly reserved the right to extend the
Immigration and Naturalization Act to the Commonwealth of the
Northern Mariana Islands at a future date.
(5) Following the enactment of the Covenant, the
Commonwealth of the Northern Mariana Islands instituted a
largely unrestricted immigration policy, causing the
Commonwealth's population to increase from 16,780 in 1980 to a
population of over 58,800 in 1995, with foreign workers
outnumbering United States citizens.
(6) As a result of these immigration policies, 91 percent
of the private sector work force in the Commonwealth is
comprised of foreign workers.
(7) The Commonwealth of the Northern Mariana Islands has
used its immigration policy to recruit a large, low-cost
foreign work force of desperately poor individuals with no
meaningful opportunity to demand safe living and working
conditions of fair wages and benefits.
(8) Notwithstanding an unemployment rate of 14 percent
among United States citizens, the Commonwealth has recruited
increasing numbers of foreign workers.
(9) Even though the Commonwealth alleges that unfilled job
openings justify recruitment of an increasing number of foreign
workers, the Commonwealth's own statistics indicate an
unemployment rate of 4.5 percent among foreign workers.
(10) The United States Immigration and Naturalization
Service reported that the Commonwealth of the Northern Mariana
Islands has no reliable records of aliens who have entered the
Commonwealth, how long they remain, and when, if ever, they
depart.
(11) At the time that the Covenant was being negotiated,
representatives of the government of the Northern Mariana
Islands expressed concern that the minimum wage provisions of
the Fair Labor Standards Act would disrupt the Commonwealth's
struggling local economy.
(12) In response to these concerns, section 503(c) of the
Covenant provided that the minimum wage provisions of the Fair
Labor Standards Act did not immediately apply to the
Commonwealth.
(13) Congress expressly reserved the right to extend the
minimum wage provisions of the Fair Labor Standards Act to the
Commonwealth of the Northern Mariana Islands at a future date.
(14) The economy of the Commonwealth of the Northern
Mariana Islands has grown significantly and, in 1996, annual
gross business revenues rose to $1,500,000,000, a sixfold
increase during the past decade.
(15) The current minimum wage in the Commonwealth of the
Northern Mariana Islands is only $3.05 per hour for garment and
construction industry workers and $3.05 per hour for those
working in other industries.
(16) The United States Department of Labor has uncovered a
systematic pattern of labor abuses in the Commonwealth of the
Northern Mariana Islands, including--
(A) involuntary servitude and peonage,
(B) illegal withholding of wages earned,
(C) nonpayment of overtime wages,
(D) illegal deductions from paychecks,
(E) kickbacks of wages paid to employees,
(F) employee lockdowns in worksites and living
barracks, and
(G) unsafe and unhealthy working and living
environments.
(17) Despite an expectation that they will enjoy the
American dream in the Commonwealth of the Northern Mariana
Islands, foreign workers have been required to sign contracts
with government representatives in the People's Republic of
China which--
(A) waive rights guaranteed to United States
workers,
(B) forbid participation in religious and political
activities while in the United States,
(C) prohibit workers from dating or marrying in the
United States,
(D) subject employees to civil and labor penalties
if returned to China, and
(E) permit Chinese Government recruiters to charge
a fee of 25 percent of an employee's net pay for a
period of two years.
(18) The United States Department of Justice has determined
that the immigration and labor situation in the Commonwealth of
the Northern Mariana Islands has created a major organized
crime problem in the Commonwealth which involves--
(A) immigration document fraud,
(B) public corruption,
(C) racketeering,
(D) drug trafficking,
(E) prostitution,
(F) pornography,
(G) extortion,
(H) gambling,
(I) smuggling, and
(J) other forms of violent crime.
(19) The United States Department of Justice is
investigating numerous cases in the Commonwealth of the
Northern Mariana Islands of women being recruited from the
Philippines, China, and other Asian countries expressly for
criminal sexual activity, and has also described this situation
as the ``systematic trafficking of women and minors for
prostitution''.
(20) The Commonwealth of the Northern Mariana Islands is
exempt from Federal immigration law, the Federal minimum wage
law, and Federal tariffs and taxes, yet its products are sold
as ``Made in USA'' although 95 percent of the workers in the
garment manufacturing industry are not United States citizens.
(21) Garments made in the Commonwealth of the Northern
Mariana Islands carrying the ``Made in USA'' label compete
directly with garments made on the United States mainland by
workers and businesses that are subject to Federal immigration
law, the Federal minimum wage law, and Federal taxes.
(22) In 1996, garment manufacturers in the Commonwealth
shipped garments to the Continental United States with a
wholesale value of $555 million, a 30-percent increase over the
previous year.
(23) Congress appropriated $10 million to fund a three-year
initiative by the United States Departments of Justice, Labor,
and Interior to assist the Commonwealth in its efforts to
improve its labor and immigration policies.
(24) Despite this appropriation there has been little or no
improvement in the immigration and labor policies of the
Commonwealth of the Northern Mariana Islands.
(25) The government of the Commonwealth of the Northern
Mariana Islands has been ineffective in stemming the flow of
immigration onto United States soil, raising the wage and
living standards for workers, and aggressively prosecuting
labor and human rights abuses.
(26) Despite efforts by the Reagan, Bush, and Clinton
administrations to persuade the government of the Commonwealth
of the Northern Mariana Islands to correct problems in the
Commonwealth, the situation has only deteriorated.
(27) The continuing concern about labor abuses, the
Commonwealth's immigration policy, and the employment of
foreign workers in a manner that unfairly competes with other
United States manufacturing prompted President Clinton on May
30, 1997, to notify the Governor of the Commonwealth of the
Northern Mariana Islands that Federal immigration and minimum
wage laws should be applied to the Commonwealth.
SEC. 3. APPLICATION OF IMMIGRATION LAW.
(a) Article V, section 506 of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241, 90 Stat.
263) is amended by adding at the end thereof the following:
``(e)(1) For purposes of entry into the Northern Mariana Islands by
any individual (but not for purposes of entry by an individual into the
United States from the Northern Mariana Islands), the Immigration and
Nationality Act shall apply as if the Northern Mariana Islands were a
State (as defined in section 101(a)(36) of the Immigration and
Nationality Act).
``(2) Notwithstanding paragraph (1), with respect to an individual
seeking entry into the Northern Mariana Islands for purposes of
employment in the textile, hotel, tourist, or construction industry
(including employment as a contractor), the Federal statutes and
regulations governing admission to Guam of individuals described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
shall apply. For purposes of this paragraph--
``(A) references in such statutes and regulations to United
States resident workers shall be deemed to be references to
United States citizens, national or resident workers; and
``(B) references in such statutes and regulations to Guam
shall be deemed to be references to the Northern Mariana
Islands.
``(3) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration officers.
``(4) The Attorney General shall prescribe and implement a
transition period for the amendments made to section 506(a) of the
Covenant. The transition period shall not exceed 4 years from the
effective date of this subsection. Not later than 2 years after the
date of enactment of the Commonwealth of the Northern Mariana Islands
Reform Act, the Attorney General shall submit a report on the status of
implementing this section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 180 days after the date of enactment of this Act except
that the amendment designated as ``(e)(2)'' shall take effect on the
date of enactment of this Act.
SEC. 4. LABELING REQUIREMENTS FOR TEXTILE FIBER PRODUCTS.
(a) Public Law 94-241 is amended by adding at the end the
following:
``Sec. 6. Labeling of textile fiber products
``(a) No textile fiber product that is made or assembled in the
Commonwealth of the Northern Mariana Islands shall have a stamp, tag,
label, or other means of identification or substitute therefor on or
affixed to the product stating `Made in USA' or otherwise stating or
implying that the product was made or assembled in the United States
unless the product is made or assembled using direct labor that meets
the required percentage of qualified manhours.
``(b) A textile fiber product that does not meet the requirements
of subsection (a) shall be deemed to be misbranded for purposes of the
Textile Fiber Products Identification Act (Public Law 85-897, 72 Stat.
1717).
``(c) In this section:
``(1) Direct labor.--The term `direct labor' includes any
work provided to prepare, assemble, process, package, or
transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.
``(2) Freely associated states.--The term `Freely
Associated States' means the Republic of Palau, the Republic of
the Marshall Islands, and the Federated States of Micronesia.
``(3) Qualified manhours.--The term `qualified manhours'
means the manhours of direct labor performed by persons who are
citizens or nationals of the United States or citizen of the
Freely Associated States.
``(4) Required percentage.--The term `required percentage'
means--
``(A) 20 percent, for the period beginning January
1, 1998, through December 31, 1998;
``(B) 35 percent, for the period beginning January
1, 1999, through December 31, 1999; and
``(C) 50 percent, for the period beginning January
1, 2000, and thereafter.
``(b) Effective Date.--The amendments made by this section shall
take effect on the date of enactment of this Act.''.
SEC. 5. MINIMUM WAGE REQUIREMENTS.
(a) Section 503 of Article V of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241) is amended
by deleting ``States; and (c) the minimum wage provisions of Section 6,
Act of June 25, 1938, 52 State. 1062, as amended.'' and inserting in
lieu thereof ``States.''.
(b) Public Law 94-241, 90 Stat. 263, is amended by adding at the
end thereof the following:
``Sec. 7. Minimum wages in the Commonwealth of the Northern Mariana
Islands
``(a) The minimum wage provisions of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
``(1) during the period beginning 30 days after the date of
enactment of this Act and ending on December 31, 1997, the
minimum wage rate applicable to the Commonwealth of the
Northern Mariana Island shall be $3.05 an hour for an employee;
``(2) beginning on January 1, 1998, and each calendar year
thereafter, the minimum wage rate applicable to the
Commonwealth of the Northern Mariana Islands for an employee
for each such calendar year shall be the minimum rate
applicable to the Commonwealth of the Northern Mariana Islands
for the preceding calendar year increased by 30 cents or the
amount necessary to increase the minimum wage rate to the rate
described in section 6(a)(1) of the Fair Labor Standards Act of
1938, whichever is less; and
``(3) after the calendar year in which the minimum wage
rate applicable to the Commonwealth of the Northern Mariana
Islands has been increased under subparagraph (A) to the
minimum wage rate described in section 6(a)(1) of the Fair
Labor Standards Act of 1938, the minimum wage rate applicable
to the Commonwealth of the Northern Mariana Islands for an
employee for any succeeding calendar year shall be the rate
described in such section.''.
(b) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.
SEC. 5. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior, in consultation with other Federal agencies,
shall conduct a study of the extent of human rights violations and
labor rights violations in the Commonwealth of the Northern Mariana
Islands, including the use of forced or indentured labor, and any
efforts being taken by the Government of the United States or the
Commonwealth of the Northern Mariana Islands to address or prohibit
such violations. The Secretary of the Interior shall include the
results of such study in the annual report, entitled ``Federal CNMI
Initiative on Labor, Immigration, and Law Enforcement,'' transmitted to
Congress.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out provisions of this Act. | Commonwealth of the Northern Mariana Islands Reform Act - Amends the Covenant to Establish the Commonwealth of the Northern Mariana Islands to treat the Northern Mariana Islands as a State under the Immigration and Nationality Act with respect to an individual's entry into the Commonwealth (but not entry from the Commonwealth into the United States).
Applies Federal statutes and regulations governing admission of certain workers to Guam to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries. Requires the Attorney General to coordinate and act in conjunction with State and local law enforcement agencies to ensure that deployment of personnel to enforce such statutes and regulations does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.
Amends Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless it is made or assembled using direct labor meeting a specified percentage of qualified manhours by U.S. citizens or nationals or citizens of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia.
Applies to the Northern Mariana Islands the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.05 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Northern Mariana Islands the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate.
Directs the Secretary of the Interior to study the extent of human and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts taken by the Government of the United States or the Commonwealth of the Northern Mariana Islands to address or prohibit such violations. Requires inclusion of study results in the annual "Federal CNMI Initiative on Labor, Immigration, and Law Enforcement" report to Congress.
Authorizes appropriations. | {"src": "billsum_train", "title": "Commonwealth of the Northern Mariana Islands Reform Act"} | 3,183 | 482 | 0.542626 | 1.880663 | 0.711069 | 4.886747 | 7.390361 | 0.920482 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2014''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) by striking ``shall'' the first place it
appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii)
by striking ``and'' at the end;
(C) in subparagraph (B), by striking ``and'' at the
end; and
(D) by adding at the end the following:
``(C) if a court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating an order described in
subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that has been violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated such order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in such a facility, with due
consideration to the best interest of
the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or correctional
facility, and includes a plan for the
juvenile's release from such facility;
and
``(V) may not be renewed or
extended; and
``(ii) the court may not issue a second or
subsequent order described in clause (i)
relating to a juvenile, unless the juvenile
violates a valid court order after the date on
which the court issues an order described in
clause (i);
``(D) there are procedures in place to ensure that
any juvenile held in a secure detention facility or
correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 3 days (with the exception of weekends and
holidays) or the length of time authorized by the
court, or authorized under applicable State law,
whichever is shorter;
``(E) juvenile status offenders detained or
confined in a secure detention facility or correctional
facility pursuant to a court order as described in this
paragraph may only be detained in secure custody one
time in any six-month period, provided that all
conditions set forth in subsection (D) are satisfied;
and
``(F) not later than one year after the date of
enactment of this subparagraph, with a single one-year
extension if the State can demonstrate hardship as
determined by the Administrator, the State will
eliminate the use of valid court orders as described in
paragraph (A)(ii) to provide secure lockup of status
offenders;''; and
(2) by adding at the end the following:
``(g) Applications for Extension for Compliance.--States may apply
for a single one-year extension to comply with subsection (a)(11). To
apply, State must submit an application to the Administrator
describing--
``(1) the State's measurable progress and good faith effort
to reduce the number of status offenders who are placed in a
secure detention facility or correctional facility pursuant to
a court order as described in this paragraph; and
``(2) the State's plan to come into compliance not later
than 1 year after the date of extension.''. | Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that has been violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Provides that a juvenile status offender may only be detained once in any six-month period. Eliminates, not later than one year after the enactment of this Act, the use of valid court orders to provide secure lockup of juvenile status offenders. | {"src": "billsum_train", "title": "Prohibiting Detention of Youth Status Offenders Act of 2014"} | 885 | 283 | 0.704035 | 2.125022 | 1.025947 | 3.717213 | 3.377049 | 0.930328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grand Staircase-Escalante Resource
Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the designation of the Grand Staircase-Escalante
National Monument applies only to Federal land within the
boundary of the Monument;
(2) multiple use has been and continues to be the guiding
principle in the management of public land;
(3) in accordance with Proclamation 6920, issued by the
President on September 18, 1996 (61 Fed. Reg. 50223 (1996),
Federal land within the Monument should remain open for
multiple uses;
(4) the United States should not lay claim to Federal water
rights in lands within the Monument except in accordance with
the substantive and procedural requirements of the State of
Utah, and designation of the Monument and enactment of this Act
should not impair exercise of water rights by the State of
Utah;
(5) mining revenues from Federal and State School and
Institutional Trust Lands have generated considerable revenues
for Utah schools;
(6) an estimated 176,000 acres of surface land containing
significant coal and other resources managed by the School and
Institutional Trust Lands Administration for the benefit of
Utah's school children are located within the boundary of the
Monument;
(7) the creation of the Monument must not come at the
expense of Utah's school children;
(8) designation of the Monument will produce a considerable
loss of future Federal royalties, State royalties, and school
trust royalties resulting in significant revenue loss to Utah's
school children; and
(9) the lack of congressional, State, and local
consultation prior to designation of the Monument and the
failure of the Proclamation to establish a specific boundary
for the Monument are certain to give rise to disputes that will
require boundary adjustments.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``advisory committee''
means the Grand Staircase-Escalante National Monument Advisory
Committee established under section 12.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(3) Existing.--The term ``existing'' means in existence as
of September 18, 1996.
(4) Management plan.--The term ``management plan'' means
the management plan for the Monument submitted to Congress
under section 9.
(5) Monument.--The term ``Monument'' means the Grand
Staircase-Escalante National Monument established by
Proclamation of the President on September 18, 1996.
(6) Multiple use.--The term ``multiple use'' has the
meaning given in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Special management area.--The term ``special management
area'' means an area that is managed by the Secretary in
accordance with the principles of multiple use and sustained
yield in accordance with this Act.
(9) Sustained yield.--The term ``sustained yield'' has the
meaning given in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
SEC. 4. MANAGEMENT OF THE MONUMENT.
(a) Special Management Area.--
(1) In general.--The Monument shall be managed by the
Secretary as a special management area in accordance with this
Act.
(2) Multiple use and sustained yield.--The Secretary shall
manage the resources within the Monument in accordance with the
principles of multiple use and sustained yield (including
recreation, range, timber, minerals, oil and gas, watershed,
wildlife, fish, and natural scenic, scientific, and historical
values), using principles of economic and ecologic
sustainability.
(3) Protection of resources.--The Secretary shall provide
for the protection, interpretation, and responsible use of
Monument resources.
(4) Economic sustainability.--The Secretary shall manage
the Monument resources in a way that provides for economic
sustainability of local communities.
(b) Management Authority.--
(1) Delegation to the director.--The Secretary shall
delegate authority to manage the Monument to the Director.
(2) Lead agency.--The Bureau of Land Management shall be
the lead agency in all management decisions concerning the
Monument, pursuant to all applicable legal authorities, and
shall act in consultation with other Federal agencies, State
and local government authorities, and the advisory committee.
(c) Future Action.--Nothing in this Act precludes the revocation of
the Proclamation 6920 by Act of Congress or by Executive order, but, so
long as land within the Monument remains subject to designation as a
national monument under Proclamation 6920, any successor proclamation,
or an Act of Congress, the Monument shall be managed in accordance with
this Act.
SEC. 5. VALID EXISTING RIGHTS AND USES.
(a) Exercise of Valid Existing Rights.--
(1) In general.--The Secretary shall recognize and give due
deference to the exercise of any valid existing right, lease,
permit, or authorization under any law, including--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B)(i) sections 2319-28, 2331, 2333-2337, and 2344
of the Revised Statutes (commonly known as the
``General Mining Law of 1872'') (30 U.S.C. 22-24, 26-
28, 29-30, 33-35, 37, 39-42, 47); and
(ii) the Act entitled ``An Act to promote the
mining of coal, phosphate, oil, oil shale, gas, and
sodium on the public domain'', approved February 25,
1920 (commonly known as the ``Mineral Lands Leasing Act
of 1920'') (30 U.S.C. 181 et seq.);
(C) section 2477 of the Revised Statutes (43 U.S.C.
932) (to the extent of any rights-of-way existing on
October 21, 1976);
(D) the Act of June 28, 1934 (48 Stat. 1269,
chapter 865; 43 U.S.C. 315 et seq.) (commonly known as
the ``Taylor Grazing Act'');
(E) the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 et seq.); and
(F) any other applicable law.
(2) No restriction.--Neither designation of the Monument
nor adoption and implementation of the applicable management
plan shall restrict or prevent the exercise of valid existing
rights by persons that exercise those rights in compliance with
all applicable laws.
(b) Roads and Rights-of-Way.--The Secretary shall permit routine
maintenance and improvement of roads and rights-of-way within Monument
boundaries to ensure public safety and a high-quality visitor
experience.
(c) Takings.--Any valid existing right determined to be taken as a
result of designation of the Monument shall be subject to compensation
by the Secretary.
SEC. 6. RANGE MANAGEMENT.
(a) Grazing of Livestock.--Grazing of livestock within the Monument
shall continue and shall not be curtailed by reason of designation of
the Monument. Designation of the Monument shall not affect existing
grazing leases, grazing permits, and levels of livestock grazing within
the Monument.
(b) Water Rights.--The Secretary shall not require a grazing
permittee or grazing lessee to transfer or relinquish any part of the
permittee's or lessee's water right to another person (including the
United States) as a condition of granting, renewing, or transferring a
grazing permit or grazing lease.
SEC. 7. WITHDRAWALS.
No existing withdrawal, reservation, or appropriation shall be
revoked except in accordance with section 204 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1714).
SEC. 8. NO FEDERAL RESERVATION OF WATER RIGHT.
(a) No Federal Reservation.--Nothing in this Act, any other Act, or
any action taken under any Act creates an expressed or implied
reservation of water rights in the United States for any purpose.
(b) Acquisition and Exercise of Water Rights Under Utah Law.--
(1) Acquisition.--The United States may acquire such water
rights as the Secretary considers to be necessary to carry out
responsibilities of the Secretary with respect to any land
within the Monument only in accordance with the substantive and
procedural requirements of the law of the State of Utah.
(2) Exercise.--Any rights to water granted under the law of
the State of Utah may be exercised only in accordance with the
substantive and procedural requirements of the law of the State
of Utah.
(3) Eminent domain.--Nothing in this Act authorizes the use
of the power of eminent domain by the United States to acquire
water rights on land within the Monument.
(c) Facilities Not Affected.--Nothing in this Act or any other Act
relating to management of land within the Monument authorizes any
action to be taken that may affect the capacity, operation, repair,
construction, maintenance, modification, or repair of municipal,
agricultural, livestock, or wildlife water facilities within or outside
the Monument or water resources that flow through the Monument.
(d) Water Resource Projects.--Nothing in this Act or any other Act
relating to management of land within the Monument limits, or
establishes any matter to be taken into consideration in connection
with approval or denial by any Federal official of access to, or use
of, the Federal land within or outside the Monument for development and
operation of water resource projects (including reservoir projects).
SEC. 9. MANAGEMENT PLAN.
(a) Management in Accordance With FLPMA.--
(1) In general.--Not later than September 18, 1999, the
Secretary shall submit to Congress a management plan for the
Monument.
(2) Multiple use and sustained yield.--In the development
and revision of the management plan, the Secretary shall use
and observe the principles of multiple use and sustained yield
and shall use a systematic interdisciplinary approach to
achieve integrated consideration of physical, biological,
economic, and other sciences.
(b) Requirements.--In the management plan, the Secretary shall
specifically address--
(1) the multiple uses of all of the resources of the
Monument (including recreation, range, timber, mineral, oil and
gas, watershed, wildlife, fish, and natural scenic, scientific,
and historical resources) in a responsible manner, under all
applicable laws and authorities; and
(2) the economic impacts of the Monument on the economies
of local communities.
(c) Notice and Comment.--The management plan shall be made
available for public review and comment as required by law.
(d) Utilization of Monument Resources.--Development and utilization
of resources within the Monument shall be authorized if--
(1) the President or Congress determines it to be in the
interests of the United States; or
(2) in case of a national emergency.
(e) Interim Management Plan.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary shall modify any
guidelines in existence on the date of enactment of this Act
regarding management of the Monument to conform to the
requirements of this Act.
(2) Pending applications.--No lease on land within the
Monument with respect to which an application of any kind was
pending on September 18, 1996, or is pending on the date of
enactment of this Act shall expire if the Secretary has not
acted on the application.
SEC. 10. STATE JURISDICTION WITH RESPECT TO FISH AND WILDLIFE.
Nothing in this Act--
(1) affects the jurisdiction or responsibilities of the
State of Utah with respect to fish and wildlife management
activities (including hunting, fishing, trapping, predator
control, and the stocking or transplanting of fish and
wildlife); or
(2) precludes the State of Utah from developing water
resources for fish and wildlife purposes under State law.
SEC. 11. SCHOOL TRUST LANDS EXCHANGE.
(a) Expedition of Exchanges.--The Secretary shall provide necessary
resources to expedite all exchanges of school trust lands within the
Monument when sought by the School and Institutional Trust Lands
Administration of the State of Utah.
(b) Valuation.--The Secretary shall value school trust land
sections as if surrounding unencumbered Federal lands were available
for mineral development, and all reasonable differences in valuation
shall be resolved in favor of the school trust.
(c) Analysis of Lost Royalties.--Not later than 45 days after the
date of enactment of this Act, the Secretary shall submit to Congress
an analysis of the loss of Federal royalties that can be expected to
result from designation of the Monument, based on research compiled by
the United States Geological Survey.
(d) Access to State Sections.--The Secretary shall not deny access
to school trust lands within the Monument by agencies of the State of
Utah and designated permittees of those agencies.
SEC. 12. ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish and convene a
meeting of an advisory committee to be known as the ``Grand Staircase-
Escalante National Monument Advisory Committee''.
(b) Duties and Responsibilities.--The advisory committee shall
advise the Secretary, the Director, and the Governor of the State of
Utah concerning the development, management, and interpretation of
Monument resources and the development, exchange, or disposal of State
school trust lands.
(c) Membership.--The advisory committee shall consist of--
(1) the Secretary, the Governor of the State of Utah, the
member of the House of Representatives from the third
congressional district, and the 2 members of the Senate from
the State of Utah; and
(2) 10 members appointed by the Secretary of the Interior
from among persons recommended by the Governor of Utah,
including--
(A) 1 representative of agricultural interests;
(B) 1 representative of mining and oil and gas
interests;
(C) 1 representative of recreational interests;
(D) 1 representative of environmental interests;
(E) 1 representative of the School Institutional
Trust Lands Administration of the State of Utah;
(F) 1 representative of the Department of Natural
Resources of the State of Utah;
(G) 1 representative of other agencies of the State
of Utah;
(H) 1 representative of local communities;
(I) 1 representative of Native Americans; and
(J) 1 representative of the public at large.
(d) Terms.--A member of the advisory committee shall serve for a
term not to exceed 5 years, determined by the Secretary in consultation
with the Governor of the State of Utah, and may serve more than 1 term.
(e) Vacancies.--A vacancy on the advisory committee shall be filled
in the same manner as the original appointment is made. A member of the
advisory committee may serve until a successor is appointed.
(f) Chairperson.--The advisory committee shall select 1 member to
serve as chairperson.
(g) Meetings.--The advisory committee shall meet regularly.
(h) Quorum.--A majority of members shall constitute a quorum.
(i) Compensation.--Members of the advisory committee shall serve
without compensation, except that members shall be entitled to
reimbursement of travel expenses including per diem while engaged in
the business of the advisory committee, in accordance with section 5703
of title 5, United States Code.
SEC. 13. MONUMENT PLANNING TEAM.
The Secretary shall provide that the Monument planning team formed
by the Secretary to prepare the management plan for the Monument
includes at least 5 persons appointed by the Governor of the State of
Utah to represent the State and local governments.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to--
(1) provide for development and implementation of
management plans, protection of Monument resources, visitor
services and facilities, law enforcement, public safety,
additional payments in lieu of taxes to impacted counties,
economic mitigation, and the operation of the Monument advisory
committee; and
(2) facilitate the exchange of school trust lands. | Grand Staircase-Escalante Resource Protection Act - Requires the Grand Staircase-Escalante National Monument in Utah to be managed by the Secretary of the Interior as a special management area. Requires the Secretary to: (1) manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability; (2) provide for protection, interpretation, and responsible use of Monument resources; (3) manage such resources in a way that provides for economic sustainability of local communities; and (4) delegate authority to manage the Monument to the Director of the Bureau of Land Management (BLM). Makes the BLM the lead agency in all management decisions concerning the Monument.
(Sec. 5) Requires the Secretary to: (1) recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law with respect to the designation of the Monument; and (2) provide compensation for any such right determined to be taken as a result of the designation.
Requires the Secretary to permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience.
(Sec. 6) Provides that grazing of livestock within the Monument shall continue and not be curtailed by reason of designation of the Monument. Sets forth provisions governing water rights.
(Sec. 9) Requires the Secretary to: (1) submit a management plan to the Congress for the Monument by September 18, 1999; and (2) in the development and revision of such plan, use principles of multiple use and sustained yield and a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
Authorizes development and utilization of Monument resources if: (1) the President or the Congress determines it to be in the interests of the United States; or (2) in case of a national emergency.
Requires the Secretary to modify any existing guidelines regarding management of the Monument to conform to the requirements of this Act.
(Sec. 11) Requires the Secretary to provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of Utah. Provides for valuation of school trust land sections. Requires the Secretary to: (1) submit an analysis to the Congress of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the U.S. Geological Survey; and (2) allow access to school trust lands within the Monument by Utah agencies.
(Sec. 12) Establishes the Grand Staircase-Escalante National Monument Advisory Committee to: (1) advise the Secretary, the Director, and the Governor of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands.
(Sec. 13) Requires the Secretary to include on the Monument planning team at least five persons, appointed by the Governor, to represent Utah and local governments.
(Sec. 14) Authorizes appropriations. | {"src": "billsum_train", "title": "Grand Staircase-Escalante Resource Protection Act"} | 3,602 | 713 | 0.672292 | 2.206906 | 0.519717 | 5.789877 | 5.015337 | 0.955521 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Services Administration
Portfolio Enhancement Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
(5) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and the Museum deem appropriate for the
museum facility.
(6) Property.--The term ``property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest
Washington, District of Columbia, and shall include all
associated air rights, improvements thereon, and appurtenances
thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 3. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the northern portion of the
property to the Museum, and shall have the authority to convey
the southern portion of the property to the Museum, in each
case on such terms and conditions as the Administrator
considers reasonable and appropriate to protect the interests
of the United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
90 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator may convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion of the property (if such southern
portion is conveyed).
(b) Purchase Price.--
(1) In general.--The purchase price for the property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The following terms and
conditions shall apply to the appraisal:
(i) The appraisal shall assume that the
property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C.
9601)) which require response action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend the
proceeds from the conveyance for any lawful purpose consistent with
existing authorities granted to the Administrator; except that the
Administrator shall provide the Committees with 30 days advance written
notice of any expenditure of the proceeds.
(d) Quit Claim Deed.--The property shall be conveyed (in the case
of the southern portion of the property, if at all) pursuant to one or
more quit claim deeds (one for the northern portion of the property and
one for the southern portion of the property),
(e) Use Restrictions.--
(1) Northern portion.--The northern portion of the property
shall be dedicated for use as a site for a national health
museum for the 99-year period beginning on date of conveyance
of that portion to the Museum.
(2) Southern portion.--The southern portion of the property
may be used for any purposes permitted by applicable laws and
regulations.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, at the option of
the United States, without any obligation for repayment by the
United States of any amount of the purchase price for the
property, if--
(A) that portion is not used as a site for a
national health museum at any time during the 99-year
period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on that portion in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If any portion of
the property reverts to the United States pursuant to this
section, such property shall be under the custody and control
of the Administrator.
(g) Closing.--
(1) Deadline.--Any conveyance pursuant to this Act shall
occur not later than 3 years after the date of enactment of
this Act. The Administrator may extend that period for such
time as is reasonably necessary for the Museum to perform its
obligations under section 4(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 4. ENVIRONMENTAL MATTERS.
(a) Authorization To Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in the absence of
appropriations and otherwise without regard to section 1341 of title
31, United States Code, with the Museum or an affiliate thereof for the
performance (on behalf of the Administrator) of response actions (if
any) required on the property pursuant to CERCLA. Any officer or
employee of the United States may contract for payment of costs or
expenses related to any properties that are conveyed (or to be
conveyed) under this Act.
(b) Crediting of Response Costs.--Any costs incurred by the Museum
or an affiliate thereof pursuant to subsection (a) shall be credited to
the purchase price for the property.
(c) Relationship to CERCLA.--Nothing in this Act may be construed
to affect or limit the application of or obligation to comply with any
environmental law, including section 120(b) of CERCLA (42 U.S.C.
9620(b)).
SEC. 5. INCIDENTAL COSTS.
(a) Responsibilities.--Subject to section 4, the Museum shall bear
any and all costs associated with complying with the provisions of this
Act, including studies and reports, surveys, relocating tenants, and
mitigating impacts to existing Federal buildings and structures
resulting directly from the development of the property by the Museum.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and the Museum in the agreement entered into under
section 3(a)(2), and any costs in excess of such agreed upon amount
shall be credited to the purchase price for the property upon the
closing on the portion of the property first conveyed.
SEC. 6. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 7. REPORTS.
Not later than one year after the date of enactment of this Act,
and annually thereafter until the end of the 5-year period following
conveyance of the northern portion of the property or until substantial
completion of the museum facility (whichever is later), the Museum
shall submit annual reports to the Administrator and the Committees
detailing the development and construction activities of the Museum
with respect to this Act. | General Services Administration Portfolio Enhancement Act of 2007 - Directs the Administrator of General Services (GSA) to convey to the National Health Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility.
Grants the Administrator the authority to convey the southern part of such property to the Museum.
Requires the Administrator to enter into an agreement with the Museum for the conveyance.
Permits separate conveyance of the northern and southern parts.
Requires the northern part to be dedicated for use as a site for a national health museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations. | {"src": "billsum_train", "title": "A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia."} | 2,235 | 161 | 0.599001 | 1.801127 | 0.759922 | 4.013986 | 14.160839 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Education Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the evidence for human-induced climate change is
overwhelming and undeniable;
(2) the United States is the second highest emitter of
carbon dioxide and other greenhouse gases in the world;
(3) atmospheric carbon can be significantly reduced through
conservation, by shifting to renewable energy sources such as
solar, wind, tidal, and geothermal, and by increasing the
efficiency of buildings, including domiciles, and
transportation;
(4) providing clear information about climate change, in a
variety of forms, can remove the fear and the sense of
helplessness, and encourage individuals and communities to take
action;
(5) implementation of measures that promote energy
efficiency, conservation, and renewable energy will greatly
reduce human impact on the environment; and
(6) informing people of new technologies and programs as
they become available will ensure maximum understanding and
maximum impact of those measures.
SEC. 3. DEFINITION.
In this Act, the term ``climate change education'' means informal
and formal interdisciplinary learning at all age levels about climate
change and its effects on environmental, energy, social, and economic
systems.
SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM.
The National Oceanic and Atmospheric Administration shall establish
a Climate Change Education Program to--
(1) broaden the understanding of human induced climate
change, possible long-term and short-term consequences, and
potential solutions;
(2) apply the latest scientific and technological
discoveries to provide formal and informal learning
opportunities to people of all ages, including those of diverse
cultural and linguistic backgrounds;
(3) emphasize actionable information to help people
understand and to promote implementation of new technologies,
programs, and incentives related to energy conservation,
renewable energy, and greenhouse gas reduction; and
(4) inform the public of impacts to human health and safety
as a result of climate change.
SEC. 5. PROGRAM ELEMENTS.
The Climate Change Education Program shall include--
(1) a national information campaign to disseminate
information on and promote implementation of the new
technologies, programs, and incentives described in section
4(3); and
(2) the grant program described in section 6.
SEC. 6. GRANT PROGRAM.
The National Oceanic and Atmospheric Administration shall establish
a program to make grants--
(1) to support national public education, outreach, and
communication programs to engage substantial numbers of the
public in understanding climate change while developing
educated and empowered consumers, investors, and citizens;
(2) to encourage and support statewide plans and programs
for climate change education, including relevant teacher
training and professional development, STEM (science,
technology, engineering, and mathematics) education, and
multidisciplinary studies to ensure that students graduate from
high school climate literate, with a particular focus on
programs that advance widespread State and local educational
agency adoption of climate change education, including funding
for State education agencies to--
(A) integrate key principles of climate change
education into existing K-12 State academic content
standards, student academic achievement standards, or
State curriculum frameworks;
(B) create model State climate change curricula; or
(C) create State green school building standards or
policies;
(3) to improve the quality of and access to higher
education in green collar industries and green economy-related
fields such as green business, technology, engineering, policy
studies, and sustainability science, with a particular focus on
programs that address restructuring institutional incentives
and reducing institutional barriers to widespread faculty
adoption of interdisciplinary teaching of climate change
education;
(4) for institutions of higher education to engage teams of
faculty and students to develop applied climate research and
deliver to local communities direct services on climate
mitigation and adaptation issues impacting such communities,
with a priority on distressed communities; and
(5) for projects that build capacity for climate adaptation
at the State and national level including--
(A) career education;
(B) expanding green collar workforce training;
(C) secondary school preparation or work-based
experiences in green collar fields; and
(D) continuing education needed for practicing
professionals for green economy-related fields.
SEC. 7. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the National Oceanic and Atmospheric
Administration shall transmit to Congress a report that evaluates the
scientific merits, educational effectiveness, and broader impacts of
activities under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration $20,000,000 for each of fiscal years 2015
through 2019 for carrying out this Act. | Climate Change Education Act - Declares that the evidence for human-induced climate change is overwhelming and undeniable. Requires the National Oceanic and Atmospheric Administration (NOAA) to establish a Climate Change Education Program to: broaden the understanding of human-induced climate change, possible consequences, and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; conduct a national information campaign to help people understand and promote implementation of new technologies, programs, and incentives related to energy conservation, renewable energy, and greenhouse gas reduction; and inform the public of impacts to human health and safety as a result of climate change. Directs NOAA to establish a grant program to support climate change education. | {"src": "billsum_train", "title": "Climate Change Education Act"} | 996 | 161 | 0.609891 | 1.689381 | 0.74304 | 5.134752 | 7.049645 | 0.921986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The No Pay Raise for Congress Until
the Budget is Balanced Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Article I, section 9, of the United States Constitution
makes Congress responsible for all money drawn from the United
States Treasury.
(2) The United States national debt now exceeds
$12,600,000,000,000.
(3) The Federal budget deficit is projected to amount to
$1,300,000,000,000 for fiscal year 2010 and the annual deficits
will average nearly $1,000,000,000,000 for the next decade,
according to the Congressional Budget Office.
(4) Each American's share of the United States national
debt amounts to more than $41,000.
(5) The United States national debt increases more than
$4,000,000,000 each day.
(6) Foreign investors held 48 percent of the United States'
outstanding public debt at the end of 2009, including
$776,400,000,000 the United States owes to Communist China.
(7) For the first time ever, the Federal budget deficit has
been singled out as the most important issue facing the future
of the country, according to a Gallup poll conducted between
March 4 and March 7, 2010.
(8) Eighty-three percent of Americans say the size of the
Federal budget deficit is due to the unwillingness of
politicians to cut Government spending and just 11 percent
think the Government spends taxpayers' money wisely, according
to a national survey conducted between February 2 and February
3, 2010, by Rasmussen Reports.
(9) More than twice as many United States adults (58
percent) say that debt owed to China is a more serious threat
to the long-term security and well-being of the United States
than is terrorism from radical Islamic terrorists (27 percent),
according to a Zogby Interactive survey conducted between
February 17 and February 19, 2010.
(10) For the reasons specified in paragraphs (1) through
(9)--
(A) Congress should make balancing the Federal
budget an urgent priority to protect the national
security, financial stability, and standard of living
of the United States;
(B) because Congress has long refused to make the
tough decisions necessary to cut wasteful spending,
reducing the national debt limit is the only sure way
to force Congress to live within its means; and
(C) the pay for members of Congress, who are
constitutionally responsible for the money drawn from
the United States Treasury and the debt that results
from excessive spending, should not be increased until
Congress has balanced the Federal budget.
SEC. 3. RESTRICTIONS ON PAY OF MEMBERS OF CONGRESS.
(a) Restriction on COLA Adjustments.--Notwithstanding any other
provision of law, no adjustment shall be made under section 601(a) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to
cost of living adjustments for Members of Congress) during fiscal year
2011 or any succeeding fiscal year, until the fiscal year following the
first fiscal year that the annual Federal budget deficit is $0 as
determined in the report submitted under subsection (b).
(b) Determinations and Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal year, the Secretary of the Treasury shall--
(A) make a determination of whether or not the
annual Federal budget deficit was $0 for that fiscal
year; and
(B) if the determination is that the annual Federal
budget deficit was $0 for that fiscal year, submit a
report to Congress of that determination.
(2) Restriction of cola adjustments.--Not later than the
end of each calendar year, the Secretary of the Treasury shall
submit a report to the Secretary of the Senate and the Chief
Administrative Officer of the House of Representatives on--
(A) any determination made under paragraph (1); and
(B) whether or not the restriction under subsection
(a) shall apply to the succeeding fiscal year.
SEC. 4. REDUCTION OF THE STATUTORY LIMIT ON THE PUBLIC DEBT.
Notwithstanding section 3101(b) of title 31, United States Code, or
any other provision of law, the dollar amount of the statutory limit on
the public debt under section 3101(b) of that title for the applicable
fiscal year shall be the following:
(1) Fiscal year 2011, $13,900,000,000,000.
(2) Fiscal year 2012, $13,700,000,000,000.
(3) Fiscal year 2013, $13,500,000,000,000.
(4) Fiscal year 2014, $12,300,000,000,000.
(5) Fiscal year 2015 and each fiscal year thereafter,
$12,100,000,000,000. | No Pay Raise for Congress Until the Budget is Balanced Act - Eliminates automatic cost of living adjustments (COLAs) for Members of Congress during FY2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual federal budget deficit is $0.
Requires the Secretary of the Treasury to: (1) determine whether or not the annual federal budget deficit was $0 for that fiscal year, and if so, report that determination to Congress; and (2) report that determination also to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, as well as whether or not such COLA restriction shall apply to the succeeding fiscal year.
Reduces the statutory limit on the public debt as follows: (1) for FY2011, $13.9 trillion; (2) for FY2012, $13.7 trillion; (3) for FY2013, $13.5 trillion; (4) for FY2014, $12.3 trillion; and (5) for FY2015 and each ensuing fiscal year, $12.1 trillion. | {"src": "billsum_train", "title": "A bill to provide that Members of Congress shall not receive a pay increase until the annual Federal budget deficit is eliminated."} | 969 | 212 | 0.414803 | 1.272816 | 0.779788 | 4.641791 | 4.716418 | 0.860697 |
SECTION 1. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Highly Automated Vehicle Advisory
Council (hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. Any subcommittee of the
Council shall be composed of not less than 15 and not more than 30
members appointed by the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties and Subcommittees.--The Council may form subcommittees
as needed to undertake information gathering activities, develop
technical advice, and present best practices or recommendations to the
Secretary regarding--
(1) labor and employment issues that may be affected by the
deployment of highly automated vehicles;
(2) the impact of the development and deployment of highly
automated vehicles on the environment;
(3) protection of consumer privacy and security of
information collected by highly automated vehicles; and
(4) cabin safety for highly automated vehicle passengers,
and how automated driving systems may impact collision vectors,
overall crashworthiness, and the use and placement of airbags,
seatbelts, anchor belts, head restraints, and other protective
features in the cabin.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council and any subcommittees of the Council shall
conform to the requirements of the Federal Advisory Committee Act (5
U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Secretary's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council and any subcommittees of the Council
shall terminate 6 years after the date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Highly Automated Vehicle Advisory Council to undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding: labor and employment issues that may be affected by the deployment of highly automated vehicles; the impact of the development and deployment of such vehicles on the environment; protection of consumer privacy and security of information collected by such vehicles; and cabin safety for vehicle passengers and how automated driving systems may impact collision vectors, overall crashworthiness, and the use and placement of airbags, seatbelts, anchor belts, head restraints, and other protective features in the cabin. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | {"src": "billsum_train", "title": "To provide for the establishment in the National Highway Traffic Safety Administration of a Highly Automated Vehicle Advisory Council."} | 1,400 | 227 | 0.657056 | 2.122542 | 0.916758 | 6.082524 | 6.354369 | 0.927184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Ambulance Payment Reform
Act of 2001''.
SEC. 2. AMBULANCE PAYMENT RATES.
(a) Payment Rates.--
(1) In general.--Section 1834(l)(3) of the Social Security
Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows:
``(3) Payment rates.--
``(A) In general.--Subject to any adjustment under
subparagraph (B) and paragraph (9) and the full payment
of a national mileage rate pursuant to subparagraph
(2)(E), in establishing such fee schedule, the
following rules shall apply:
``(i) Payment rates in 2002.--
``(I) Ground ambulance services.--
In the case of ground ambulance
services furnished under this part in
2002, the Secretary shall set the
payment rates under the fee schedule
for such services at a rate based on
the average costs (as determined by the
Secretary on the basis of the most
recent and reliable information
available) incurred by full cost
ambulance suppliers in providing
nonemergency basic life support
ambulance services covered under this
title, with adjustments to the rates
for other ground ambulance service
levels to be determined based on the
rule established under paragraph (1).
For the purposes of the preceding
sentence, the term `full cost ambulance
supplier' means a supplier for which
volunteers or other unpaid staff
comprise less than 20 percent of the
supplier's total staff and which
receives less than 20 percent of space
and other capital assets free of
charge.
``(II) Other ambulance services.--
In the case of ambulance services not
described in subclause (I) that are
furnished under this part in 2002, the
Secretary shall set the payment rates
under the fee schedule for such
services based on the rule established
under paragraph (1).
``(ii) Payment rates in subsequent years
for all ambulance services.--In the case of any
ambulance service furnished under this part in
2003 or any subsequent year, the Secretary
shall set the payment rates under the fee
schedule for such service at amounts equal to
the payment rate under the fee schedule for
that service furnished during the previous
year, increased by the percentage increase in
the Consumer Price Index for all urban
consumers (United States city average) for the
12-month period ending with June of the
previous year.
``(B) Adjustment in rural rates.--For years
beginning with 2004, the Secretary, after taking into
consideration the recommendations contained in the
report submitted under section 221(b)(3) the Medicare,
Medicaid, and SCHIP Benefits Improvements and
Protection Act of 2000, shall adjust the fee schedule
payment rates that would otherwise apply under this
subsection for ambulance services provided in low
density rural areas based on the increased cost (if
any) of providing such services in such areas.''.
(2) Conforming amendment.--Section 221(c) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (114 Stat. 2763A-487), as enacted into law by section
1(a)(6) of Public Law 106-554, is repealed.
(3) Technical amendment.--
(A) In general.--Paragraph (8) of section 1834(l)
of the Social Security Act (42 U.S.C. 1395m(l)), as
added by section 221(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-487), as enacted into law by section
1(a)(6) of Public Law 106-554, is redesignated as
paragraph (9).
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of such section 221(a).
(b) Use of Medical Conditions for Coding Ambulance Services.--
Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7))
is amended to read as follows:
``(7) Coding system.--
``(A) In general.--The Secretary shall, in
accordance with section 1173(c)(1)(B), establish a
system or systems for the coding of claims for
ambulance services for which payment is made under this
subsection, including a code set specifying the medical
condition of the individual who is transported and the
level of service that is appropriate for the
transportation of an individual with that medical
condition.
``(B) Medical conditions.--The code set established
under subparagraph (A) shall--
``(i) take into account the list of medical
conditions developed in the course of the
negotiated rulemaking process conducted under
paragraph (1); and
``(ii) notwithstanding any other provision
of law, be adopted as a standard code set under
section 1173(c).''.
SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES
UNDER MEDICARE AND MEDICAID.
(a) Ambulance Services for Medicare Fee-For-Service
Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42
U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the
end the following: ``, except that such regulations shall not fail to
treat ambulance services as medical and other health services solely
because the ultimate diagnosis of the individual receiving the
ambulance services results in the conclusion that ambulance services
were not necessary, as long as the request for ambulance services is
made after the sudden onset of a medical condition that would be
classified as an emergency medical condition (as defined in section
1852(d)(3)(B)).''.
(b) Ambulance Services for Medicare+Choice Enrollees.--Section
1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A))
is amended by inserting ``(including the services described in section
1861(s)(7))'' after ``outpatient services'' in the matter preceding
clause (i).
(c) Ambulance Services in Medicaid Managed Care Plans.--Section
1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B))
is amended by inserting ``(including the services described in section
1861(s)(7) (if covered by the State plan))'' after ``outpatient
services'' in the matter preceding clause (i).
(d) Effective Date.--The amendments made by this section shall
apply with respect to services provided on and after the date of
enactment of the Act. | Medicare Ambulance Payment Reform Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise requirements for payment for ambulance services concerning: (1) the establishment of a fee schedule; and (2) the coding system specifying the medical condition of the individual transported by an ambulance and the appropriate level of transportation service.Amends SSA titles XVIII (Medicare) (including part C (Medicare+Choice) of the Medicare program) and XIX (Medicaid) to establish a prudent layperson standard for justification of emergency ambulance services under Medicare and Medicaid. | {"src": "billsum_train", "title": "A bill to amend the title XVIII of the Social Security Act to provide payment to medicare ambulance suppliers of the full costs of providing such services, and for other purposes."} | 1,506 | 139 | 0.428883 | 1.078832 | 0.535596 | 2.376147 | 11.724771 | 0.87156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Directed Energy Weapon Systems
Acquisition Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Committee on Armed Services of the Senate noted in
the report accompanying S. 1356 (S. Rept. 114-49; 114th
Congress) that since 1960, the Department of Defense has
invested more than $6,000,000,000 in directed energy science
and technology initiatives, and that the Committee is concerned
that, despite this significant investment, the Department's
directed energy initiatives are not resourced at levels
necessary to transition them to full-scale acquisition
programs.
(2) The Defense Science Board Task Force on Directed Energy
Weapon Systems and Technology Applications (the ``Task Force'')
found that ``directed energy offers promise as a
transformational `game changer' in military operations, able to
augment and improve operational capabilities in many areas''.
(3) Despite this potential, years of investment have not
resulted in any operational systems with high energy laser
capability.
(4) The Task Force believes that the range of potential
application is sufficient to warrant significantly increased
attention to the scope and direction of efforts to assess,
develop, and field appropriate laser, microwave, and millimeter
wave weapons.
SEC. 3. INCLUSION OF DIRECTED ENERGY WEAPON SYSTEM PROGRAMS IN THE
RAPID ACQUISITION AUTHORITY PROGRAM.
(a) In General.--Section 806(c)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note) is amended by adding at the end the following new
subparagraph:
``(D)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate a
deficiency in directed energy weapon systems, the Secretary may
use the procedures developed under this section in order to
accomplish the rapid acquisition and deployment of needed
offensive or defensive directed energy weapon systems
capabilities, supplies, and associated support services.
``(ii) For the purposes of directed energy weapon systems
acquisition, the Secretary of Defense shall consider use of the
following procedures:
``(I) The rapid acquisition authority provided
under this section.
``(II) Use of other transactions authority provided
under section 2371 of title 10, United States Code.
``(III) The acquisition of commercial items using
simplified acquisition procedures.
``(IV) The authority for procurement for
experimental purposes provided under section 2373 of
title 10, United States Code.
``(iii) In this subparagraph, the term `directed energy
weapon system' means military action involving the use of
directed energy to incapacitate, damage, or destroy enemy
equipment, facilities, or personnel.''.
(b) Conforming Amendments.--Section 2373 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``and aeronautical
supplies'' and inserting ``, aeronautical supplies, and
directed energy weapon systems''; and
(2) by adding at the end of the following new subsection:
``(c) Directed Energy Weapon System Defined.--In this section, the
term `directed energy weapon system' means military action involving
the use of directed energy to incapacitate, damage, or destroy enemy
equipment, facilities, or personnel.''.
SEC. 4. JOINT DIRECTED ENERGY PROGRAM OFFICE.
(a) Redesignation.--The High Energy Laser Joint Technology Office
of the Department of Defense is hereby redesignated as the ``Joint
Directed Energy Program Office'' (in this section referred to as the
``Office'').
(b) Strategic Plan for Development and Transition of Directed
Energy Weapons Capabilities Toward Fielding.--In addition to the
functions and duties of the Office in effect on the day before the date
of the enactment of this Act, the Office shall develop a strategic plan
for development and transition of directed energy weapons capabilities
toward fielding for the Department, in which the Office may define
requirements for directed energy capabilities that address the highest
priority warfighting capability gaps of the Department.
(c) Acceleration of Development and Transition of Directed Energy
Weapons Capabilities Toward Fielding.--
(1) In general.--To the degree practicable, the Office
shall use the policies of the Department that are revised
pursuant to this Act and new acquisition and management
practices established pursuant to this Act to accelerate the
development and transition of directed energy capabilities
toward fielding.
(2) Engagement.--The Secretary shall ensure that use of
policies and practices described in paragraph (1) include
engagement with defense and private industries, research
universities, and unaffiliated, nonprofit research
institutions. | Directed Energy Weapon Systems Acquisition Act of 2016 This bill amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to state that, if supplies or support services are urgently needed to eliminate a deficiency in directed energy weapon systems, the Department of Defense (DOD) may use specified rapid acquisition procedures to acquire and deploy needed offensive or defensive directed energy weapon systems capabilities, supplies, and associated support services. "Directed energy weapon system" means military action using highly focused sound, electromagnetic, or particle-beam energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel. The bill redesignates DOD's High Energy Laser Joint Technology Office as the Joint Directed Energy Program Office. The Office shall: (1) develop a strategic plan for development and transition of directed energy weapons capabilities, and (2) use new and revised DOD policies to accelerate the development and transition of directed energy capabilities toward fielding. | {"src": "billsum_train", "title": "Directed Energy Weapon Systems Acquisition Act of 2016"} | 1,071 | 205 | 0.645042 | 1.964508 | 1.028294 | 4.438202 | 5.455056 | 0.876404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Education
Flexibility Act of 2005''.
SEC. 2. AMENDMENTS TO ESEA.
(a) Limited English Proficient Students.--Section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is
amended--
(1) in paragraph (2)(C)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and'' ; and
(C) by adding at the end the following:
``(viii) at the State's discretion on a
case-by-case basis, may not include the
performance of any limited English proficient
student if--
``(I) the student has not been
enrolled for 3 full school years in an
elementary school or secondary school
in the State; and
``(II) the parents of the student,
and the school administrator or team of
educators designated by the student's
school for making limited English
proficiency placement and assessment
decisions, agree that such an exclusion
is educationally appropriate for the
student.'';
(2) in clause (ii) of paragraph (2)(I), by inserting ``is
subject to paragraph (3)(C)(xvi),'' after ``except that the 95
percent requirement described in this clause'';
(3) in paragraph (3)(C)--
(A) in clause (xiv), by striking ``and'' at the
end;
(B) in clause (xv), by striking the period at the
end and inserting ``; and'' ; and
(C) by adding at the end the following:
``(xvi) notwithstanding clause (ix)(III),
at the State's discretion on a case-by-case
basis, not include any limited English
proficient student if--
``(I) the student is enrolled in
his or her first full school year in an
elementary school or secondary school
in the State; and
``(II) the parents of the student,
and the school administrator or team of
educators designated by the student's
school for making limited English
proficiency placement and assessment
decisions, agree that such an exclusion
is educationally appropriate for the
student.''; and
(4) in paragraph (7), by adding at the end the following:
``Notwithstanding the preceding sentence, a State plan may
provide for the exclusion from such annual assessment of
English proficiency of any limited English proficient student
if (A) the student is enrolled in his or her first full school
year in an elementary or secondary school in the State; and (B)
the parents of the student, and the school administrator or
team of educators designated by the student's school for making
limited English proficiency placement and assessment decisions,
agree that such an exclusion is educationally appropriate for
the student.''
(b) Consideration of Graduation Rates in AYP.--Clause (vi) of
section 1111(b)(2)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(C)) is amended by inserting ``, except that,
at the discretion of the State, such graduation rates may include (I)
any student who has exceptional circumstances and graduates from
secondary school with a regular diploma in not more than 5 years, (II)
any qualified child with a disability (as that term is defined in
paragraph (3)(C)(11)) who graduates from secondary school with a
regular diploma before attaining an age established by State law, and
(III) any qualified child with a disability (as that term is defined in
paragraph (3)(C)(11)) who satisfies such alternative challenging
academic content and achievement standards as the State may establish
for the child to complete secondary school in a reasonable period of
time'' after ``in the standard number of years''.
(c) Children With Disabilities.--Subsection (b) of section 1111 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``The
academic standards'' and inserting ``Subject to paragraph (11),
the academic standards'';
(2) in clause (i) of paragraph (2)(C), by striking
``applies the same high standards'' and inserting ``subject to
paragraph (11), applies the same high standards'';
(3) in clause (i) of paragraph (3)(C), by striking ``be the
same academic assessments'' and inserting ``subject to
paragraph (11), be the same academic assessments''; and
(4) by adding at the end the following:
``(11) Children with disabilities.--
``(A) Relation to iep.--Subject to the requirements
of subparagraphs (B) and (C), with respect to a
qualified child with a disability, a State plan may
provide for modification of the challenging academic
content standards and challenging student academic
achievement standards required by paragraph (1)(A), the
high standards of academic achievement described in
paragraph (2)(C)(i), and the yearly student academic
assessments described in paragraph (3), to align such
standards and assessments with the child's
individualized education program.
``(B) Parental consent.--A State plan may not
provide for modification pursuant to subparagraph (A)
of any standard or assessment unless the parents of the
child involved agree that such modification is
educationally appropriate for the child.
``(C) Progressively higher level of instruction.--
In the case of a qualified child with a disability who
has a significant cognitive impairment, but not a
severe cognitive impairment, any modification pursuant
to subparagraph (A) of any standard or assessment
applicable to the child shall continue to require a
progressively higher level of instruction each year.
``(D) Rule of construction.--This paragraph shall
not be construed to give rise to any new right under
the Individuals with Disabilities Education Act, to
expand the definition of a child with a disability
under that Act, or to otherwise affect any provision of
that Act.
``(E) Definitions.--In this paragraph:
``(i) The term `individualized education
program' has the meaning given to that term in
section 602 of the Individuals with
Disabilities Education Act.
``(ii) The term `qualified child with a
disability' means a child who receives services
under the Individuals with Disabilities
Education Act and has been certified by a
licensed health care professional or a
multidisciplinary team (established in
accordance with State guidelines and including
a licensed health care professional) as a child
with severe or significant cognitive impairment
that prevents learning consistent with the
child's age group.''.
(d) Local Development of Assessments.--Paragraph (3) of section
1111(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)) is amended by adding at the end the following:
``(E) Local development of assessments.--
``(i) In general.--Notwithstanding
subparagraphs (A) and (C)(i), a State
educational agency may authorize a local
educational agency, or school, in the State to
develop and implement the student academic
assessments required by this paragraph with
respect to the students served by the local
educational agency or school, respectively.
``(ii) Same assessment.--Subject to
paragraph (11), any assessment developed and
implemented by a local educational agency or
school pursuant to this subparagraph shall be
the same academic assessment used to measure
the achievement of all children served by the
local educational agency or school,
respectively.
``(iii) State responsibility.-- If a State
educational agency chooses to authorize a local
educational agency, or school, in the State to
develop and implement assessments pursuant to
this subparagraph, the State educational agency
shall be responsible for demonstrating in the
State plan that each such assessment complies
with the requirements of this paragraph.''.
(e) Multiple Assessments.--
(1) In general.--Paragraph (3) of section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)) (as amended by subsection (d)) is amended by adding
at the end the following:
``(F) Rule of construction.--Notwithstanding
subparagraph (A), this paragraph shall not be construed
to prohibit the development and implementation of the
student academic assessments required by this section
through the use of multiple assessments of high
technical quality integrated into a school's curriculum
and distributed throughout the course of the school
year.''.
(2) Participation requirement.--Clause (ii) of section
1111(b)(2)(I) (20 U.S.C. 6311(b)(2)(I)) (as amended by
subsection (a)(2)) is amended by inserting ``, and shall be a
75 percent annual average requirement in a case in which the
school implements academic assessments for purposes of
paragraph (3) through the use of multiple assessments
integrated into a school's curriculum and distributed
throughout the course of the school year'' before the close
parenthesis at the end.
(f) Highly Qualified Special Education and Rural Teachers.--Clause
(I) of section 9101(23)(B)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended by
inserting ``(except that, at the discretion of the State, a special
education teacher or a teacher in a rural school may satisfy the
requirements of this subclause by passing such a rigorous State
academic subject test in any 1 subject in which the teacher teaches if,
with respect to each other academic subject in which the teacher
teaches, the teacher works in close consultation, either in-person or
through high-quality distance education or consultation, with another
teacher who is highly qualified in such other academic subject)''
before the semicolon.
SEC. 3. STUDY ON THE ADEQUACY OF ESEA FUNDING.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study to determine for each of school years 2001-2002, 2002-2003, and
2003-2004, the following:
(1) The amount of costs incurred by local educational
agencies and schools as a result of efforts to comply with the
provisions of part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(2) The amount of funds received by local educational
agencies and schools under such part A.
(b) Regular Educational Expenses.--In making a determination of
costs under subsection (a)(1), the Comptroller General shall exclude
educational costs that would be incurred by local educational agencies
and schools irrespective of efforts to comply with the provisions of
part A of title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
(c) Samples.--The Comptroller General shall make sample
determinations under paragraphs (1) and (2) of subsection (a) for--
(1) at least 1 local educational agency and 1 school in a
rural area in each State; and
(2) at least 1 local educational agency and 1 school in an
urban area in each State.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Congress on the results of the study conducted under this section.
(e) Subsequent Study and Reports.--The Comptroller General shall
conduct additional study under this section and submit a revised report
to the Congress--
(1) not later than 2 years after the date of the enactment
of this Act, containing determinations on the amounts described
in paragraphs (1) and (2) of subsection (a) for school year
2005-2006; and
(2) not later than 3 years after the date of the enactment
of this Act, containing determinations on the amounts described
in paragraphs (1) and (2) of subsection (a) for school year
2006-2007.
SEC. 4. STUDY ON FEASIBILITY OF MEASURING INDIVIDUAL STUDENT ACADEMIC
ACHIEVEMENT.
(a) Study.--The Secretary of Education (in this section referred to
as the ``Secretary'') shall enter into an arrangement with a reputable,
nonpartisan educational research entity to conduct a study--
(1) to assess the feasibility of measuring student academic
achievement on an individual basis over a period of time for
purposes of determining whether a school is making adequate
yearly progress; and
(2) to identify States and local educational agencies that
already have in effect longitudinal data systems that could be
used for such measurements.
(b) Considerations.--In conducting the study under this section,
the Secretary shall consider the following:
(1) Privacy issues, including--
(A) who would have access to information on
individual student academic achievement; and
(B) how such information would be maintained in a
confidential manner.
(2) Ensuring against labeling of students.
(3) Costs.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the Congress on the
results of the study conducted under this section. | State and Local Education Flexibility Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies (LEAs) to improve the academic achievement of the disadvantaged (ESEA I-A).
Provides for State and local flexibility, under specified conditions, to: (1) exclude from adequate yearly progress and academic assessments the performance of certain limited English proficient students; (2) modify academic content and achievement standards in the individual education plans of students with disabilities; (3) develop assessments locally and use multiple assessments; and (4) have alternative qualification requirements for special education teachers and rural teachers.
Directs the Comptroller General to study the amounts LEAs and schools receive from ESEA I-A, and the costs to them in complying with it. Directs the Secretary of Education to arrange with an educational research entity to assess feasibility of measuring individual academic achievement. | {"src": "billsum_train", "title": "To amend the accountability provisions of part A of title I of the Elementary and Secondary Education Act of 1965, and for other purposes."} | 3,028 | 209 | 0.489583 | 1.265777 | 0.719392 | 2.081218 | 13.939086 | 0.84264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Ribbon Commission to Eliminate
Duplicative and Noncompetitive Federal Regulations Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission known as the Blue Ribbon
Commission to Eliminate Duplicative and Noncompetitive Federal
Regulations (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
(a) In General.--The Commission shall--
(1) conduct a survey of the private sector to determine
which Federal regulations are duplicative or impede
competition;
(2) conduct in-depth reviews of regulations promulgated by
the executive agencies;
(3)(A) review existing Government Accounting Office
reports, Congressional Budget Office reports, Inspector General
reports, and other existing governmental and nongovernmental
recommendations for reducing duplicative or noncompetitive
Federal regulations; and
(B) based on the review conducted pursuant to subparagraph
(A), periodically submit to the President and the Congress a
report on those recommendations, with estimated savings, that
the Commission determines are most significant, and include in
the report a determination of whether such recommendations can
be implemented by Executive order or whether it requires
legislative action; and
(4) submit to the President and the Congress
recommendations for streamlining Federal regulations and
reducing costs and unnecessary paperwork that result from such
regulations for both the Federal Government and the private
sector.
(b) Particular Areas to Be Examined.--In fulfilling the duties
required by (a), the Commission shall identify and address--
(1) opportunities for increased efficiency and reduced
costs in regulations promulgated by the Federal Government that
can be realized by executive action or legislation without
jeopardizing safety or environmental quality;
(2) specific reforms of the regulatory process that would
yield savings, increase accountability and efficiency, and
enhance public confidence in the regulatory process; and
(3) specific areas in the Federal Government where
potential savings would justify further study.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The membership of the Commission shall
be as follows:
(1) Thirteen members shall be appointed by the President
from among individuals who are not officers or employees of a
Federal, State, of local government and who are especially
qualified to serve on the Commission by virtue of their
education, training or experience.
(2) The majority leader and minority leader of the Senate
and the Speaker and minority leader of the House of
Representatives may submit recommendations to the President
concerning appointments to the Commission.
(3) Not more than seven members of the Commission shall be
of the same political party.
(b) Continuation of Membership.--If a member of the Commission
becomes an officer or employee of a Federal, State, or local
government, such individual may continue as a member of the Commission
for not longer than the thirty-day period beginning on the date such
individual becomes such an officer or employee.
(c) Appointment of Original Members.--Appointments shall be made
within thirty days of enactment of this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled within
thirty days in the manner in which the original appointment was made.
(f) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsidence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(g) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members of the Commission from among the members.
(i) Meetings.--The Commission shall meet at least once each month
at the call of the Chairperson of the Commission.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director appointed by
the Chairperson of the Commission and paid at a rate determined by the
Commission.
(b) Staff.--With the approval of the Commission, the Director of
the Commission may appoint such personnel as the Director considers
appropriate.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this section.
(c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(d) Contractual Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. REPORTS.
(a) Periodic Reports.--Pursuant to section 3(a)(3), the Commission
shall issue periodic reports to the President and the Congress.
(b) Final Report.--Not later than two years after the date of
enactment of this Act, the Commission shall submit to the President and
the Congress a final report setting forth the findings and conclusions
of the Commission and specific recommendations for legislative and
administrative actions that the Commission determines to be
appropriate.
SEC. 8. FUNDING.
The Commission shall be funded, staffed and equipped, to the extent
practicable and permitted by law, by the private sector without cost to
the Federal Government. To accomplish this objective, it is expected
that the Secretary of Commerce will engage in a joint project with a
nonprofit organization, pursuant to the first section of Public Law 91-
412 (15 U.S.C. 1525) for the purpose of aiding the Commission in
exercising its power and performing its duties under this Act.
SEC. 9. TERMINATION.
(a) In General.--Except as provided in subsection (b), the
Commission shall terminate not later than the expiration of the thirty-
day period beginning on the date on which the Commission submits its
final report under section 7(b).
(b) Extension of Life of Commission.--The President may extend the
life of the Commission for a six month period beginning on the date on
which the Commission terminates under subsection (a), and for
successive six month periods thereafter. | Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act - Establishes the Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations. Requires the Commission to: (1) survey the private sector to determine which Federal regulations are duplicative or impede competition; (2) conduct in-depth reviews of regulations promulgated by executive agencies; (3) review existing General Accounting Office, Congressional Budget Office, and Inspector General reports and other governmental and nongovernmental recommendations for reducing duplicative or noncompetitive Federal regulations, and, based on such review, periodically report to the President and the Congress on those recommendations, with estimated savings, that the Commission determines are most significant; and (4) submit to the President and the Congress recommendations for streamlining Federal regulations and reducing costs and unnecessary paperwork that result from such regulations for both the Federal Government and the private sector. | {"src": "billsum_train", "title": "Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act"} | 1,507 | 197 | 0.756356 | 2.204393 | 0.970478 | 5.737805 | 8.378049 | 0.981707 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Suicide Hotline Improvement
Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Federal Communications
Commission;
(2) the term ``covered dialing code'' means a simple, easy-to-
remember, 3-digit dialing code; and
(3) the term ``N11 dialing code'' means an abbreviated dialing
code consisting of 3 digits, of which--
(A) the first digit may be any digit other than ``1'' or
``0''; and
(B) each of the last 2 digits is ``1''.
SEC. 3. STUDIES AND REPORTS.
(a) Primary Study.--
(1) In general.--The Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall conduct a study that--
(A) examines the feasibility of designating an N11 dialing
code or other covered dialing code to be used for a national
suicide prevention and mental health crisis hotline system; and
(B) analyzes the effectiveness of the National Suicide
Prevention Lifeline as of the date on which the study is
initiated, including how well the lifeline is working to
address the needs of veterans.
(2) Requirements.--
(A) Commission.--In conducting the study under paragraph
(1), the Commission shall--
(i) consider--
(I) each of the N11 dialing codes, including the
codes that are used for other purposes; and
(II) other covered dialing codes;
(ii) consult with the North American Numbering Council;
and
(iii) review the information provided by the Assistant
Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs under subparagraphs (B) and
(C), respectively, of this paragraph.
(B) SAMHSA study and report to assist commission.--To
assist the Commission in conducting the study under paragraph
(1), the Assistant Secretary for Mental Health and Substance
Use shall analyze and, not later than 180 days after the date
of enactment of this Act, report to the Commission on--
(i) the potential impact of the designation of an N11
dialing code, or other covered dialing code, for a suicide
prevention and mental health crisis hotline system on--
(I) suicide prevention;
(II) crisis services; and
(III) other suicide prevention and mental health
crisis hotlines, including--
(aa) the National Suicide Prevention Lifeline;
and
(bb) the Veterans Crisis Line; and
(ii) possible recommendations for improving the
National Suicide Prevention Lifeline generally, which may
include--
(I) increased public education and awareness; and
(II) improved infrastructure and operations.
(C) VA study and report to assist commission.--To assist
the Commission in conducting the study under paragraph (1), the
Secretary of Veterans Affairs shall study and, not later than
180 days after the date of enactment of this Act, report to the
Commission on how well the National Suicide Prevention Lifeline
and the Veterans Crisis Line, as in effect on the date on which
the study is initiated, is working to address the needs of
veterans.
(b) Primary Commission Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall submit a report on the study
conducted under subsection (a) that recommends whether a particular
N11 dialing code or other covered dialing code should be used for a
national suicide prevention and mental health crisis hotline system
to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Veterans' Affairs of the Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives; and
(E) the Committee on Veterans' Affairs of the House of
Representatives.
(2) Additional contents.--If the report submitted by the
Commission under paragraph (1) recommends that a dialing code
should be used, the report shall also--
(A) outline the logistics of designating such a dialing
code;
(B) estimate the costs associated with designating such a
dialing code, including--
(i) the costs incurred by service providers,
including--
(I) translation changes in the network; and
(II) cell site analysis and reprogramming by
wireless carriers; and
(ii) the costs incurred by States and localities;
(C) provide recommendations for designating such a dialing
code;
(D) provide a cost-benefit analysis comparing the
recommended dialing code with the National Suicide Prevention
Lifeline, as in effect on the date on which the report is
submitted; and
(E) make other recommendations, as appropriate, for
improving the National Suicide Prevention Lifeline generally,
which may include--
(i) increased public education and awareness; and
(ii) improved infrastructure and operations.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Suicide Hotline Improvement Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to coordinate with the Substance Abuse and Mental Health Services Administration (SAMHSA) of the Department of Health and Human Services and the Department of Veterans Affairs (VA) to conduct a study that: (1) examines the feasibility of designating a three-digit dialing code (N11 dialing code) for a national suicide prevention and mental health crisis hotline system; and (2) analyzes the effectiveness of the National Suicide Prevention Lifeline (NSPL) as of the date on which the study is initiated, including how well it addresses the needs of veterans. To assist the FCC in conducting the study, SAMHSA shall analyze and report to the FCC on: (1) the potential impact of such designation of a dialing code on suicide prevention, crisis services, and other suicide prevention and mental health crisis hotlines; and (2) possible recommendations for improving the NSPL generally. The VA shall study and report to the FCC on how well the NSPL and the Veterans Crisis Line are working to address the needs of veterans. The FCC, in coordination with SAMHSA and the VA, shall report on the study to specified congressional committees. (Sec. 4) No additional funds are authorized to carry out this bill. | {"src": "billsum_train", "title": "National Suicide Hotline Improvement Act of 2017"} | 1,201 | 286 | 0.742609 | 2.060134 | 0.808231 | 3.317647 | 4.427451 | 0.894118 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Ensuring secure access to energy is in the highest
national security interests of the United States.
(2) Without secure access to oil supplies, the United
States economy, which depends heavily on oil for
transportation, could be severely affected. Two-thirds of the
oil used in the United States is consumed by the transportation
sector.
(3) In 1973 OPEC placed an embargo on sales of oil to the
United States, creating severe oil shortages and driving up oil
prices in the United States. OPEC's action was a major factor
in the recession which followed shortly thereafter.
(4) Under the ``Carter Doctrine'', announced by President
Carter in 1980, ``An attempt by any outside forces to gain
control of the Persian Gulf region will be regarded as an
assault on the vital interests of the United States of America,
and such an assault will be repelled by any means necessary,
including military force.''.
(5) Following the Iraqi invasion of Kuwait in 1990, the
United States sent more than 500,000 troops to the Persian Gulf
to expel the Iraqi troops, liberate Kuwait, protect Saudi
Arabia, and ensure access to Persian Gulf oil.
(6) Many major oil producing nations do not share United
States values of democracy, freedom of expression, thought, and
religion, and equality for women.
(7) During the Afghanistan conflict and the war on
terrorism, many oil producing nations did not openly support
the United States campaign to end the terror, and many of the
terrorists of September 11 came from major OPEC nations.
(8) It is in the highest national security interests of the
United States to substantially reduce our dependence on oil as
soon as possible, to secure our access to oil supplies, and to
reduce our dependence on nations which do not share our
interests and values.
(9) Because most oil is consumed by the transportation
sector, reduction of our dependence on oil can only come from
major increases in fuel efficiency in cars, sport utility
vehicles, light trucks, and other vehicles.
SEC. 2. FUEL EFFICIENCY VEHICLE CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following:
``SEC. 30B. FUEL EFFICIENCY VEHICLE CREDIT.
``(a) Allowance of Credit.--
``(1) Fuel economy not less than 40 miles per gallon.--At
the election of the taxpayer, there shall be allowed as a
credit against the tax imposed by this chapter for the taxable
year an amount equal to 25 percent of the cost of any qualified
fuel-effi cient vehicle placed in service by the taxpayer
during the taxable year.
``(2) Fuel economy not less than 50 miles per gallon.--In
the case of a qualified fuel-efficient vehicle in which the
fuel economy (within the meaning of subsection (c)(1)) is not
less than 50 miles per gallon--
``(A) paragraph (1) shall be applied by
substituting `35 percent' for `25 percent', and
``(B) subsection (b) shall be applied by
substituting `$6,000' for $5,000'.
``(b) Limitation.--The amount of the credit allowed by subsection
(a) shall not exceed $5,000.
``(c) Qualified Fuel-Efficient Vehicle.--For purposes of this
section, the term `qualified fuel-efficient vehicle' means a motor
vehicle (as defined in section 30(c)(2))--
``(1) in which the fuel economy (determined in accordance
with section 4064) of such vehicle is rated at not less than 40
miles per gallon,
``(2) which is--
``(A) an automobile (as defined in section
4064(b)), or
``(B) a truck or van with an unloaded gross vehicle
weight rating not greater than 7,500 pounds, and
``(3) which has received a certificate that such vehicle
meets or exceeds the Bin 5 Tier II emission level established
in regulations prescribed by the Administrator of the
Environmental Protection Agency under section 202(i) of the
Clean Air Act for that make and model year vehicle.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc. not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 30, 179, or 179A.
``(e) Carryforward of Unused Credits.--If the credit allowable
under subsection (a) for any taxable year exceeds--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and this part
(other than this section), over
``(2) the tentative minimum tax for the taxable year,
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30A the
following new item:
``Sec. 30B. Fuel-efficiency vehicle
credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. FUEL EFFICIENT VEHICLE ASSEMBLY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. FUEL-EFFICIENT VEHICLE ASSEMBLY CREDIT.
``(a) General Rule.--For purposes of section 38, the fuel-efficient
vehicle assembly credit determined under this section for the taxable
year is an amount equal to the product of $2,000 and the number of
qualified fuel-efficient vehicles manufactured or produced in the
United States by the taxpayer during the taxable year for their 1st
retail sale.
``(b) Qualified Fuel-Efficient Vehicle.--For purposes of subsection
(a), the term `qualified fuel-efficient vehicle' has the meaning given
to such term by section 30B(c).
``(c) 1st Retail Sale.--For purposes of subsection (a), the term
`1st retail sale' has the meaning given to such term by section
4002.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(16) the fuel-efficient vehicle assembly credit
determined under section 45G(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Fuel-efficient vehicle
assembly credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. LOAN GUARANTEES.
(a) General Authority.--The Secretary of Energy may provide loan
guarantees to manufacturers of motor vehicles or of motor vehicle
engines for the purposes described in subsection (b).
(b) Eligible Purposes.--Loans guaranteed under this section shall
be used for the costs of conversion from the manufacture of motor
vehicles or engines achieving less than 40 miles per gallon of gasoline
to the manufacture of motor vehicles or engines achieving more than 40
miles per gallon of gasoline. Such loans may not be used for
advertising or promotional costs.
(c) Aggregate Amount of Loan Guarantees.--The aggregate amount of
loans that may be guaranteed under this section at any one time shall
not exceed $1,000,000,000.
(d) Limitation on Loan Guarantee Size.--The Secretary shall not
guarantee a loan under this section for an amount greater than
$100,000,000.
(e) Rates of Interest.--The Secretary shall not make a loan
guarantee under this section if the interest rate for the loan exceeds
that which the Secretary determines to be reasonable, taking into
consideration the prevailing interest rates and customary fees incurred
under similar obligations in the private capital market.
(f) Ability To Repay.--The Secretary shall not make a loan
guarantee under this section unless the Secretary has made a finding in
writing that the recipient of the loan is likely to be able to repay
the loan according to its terms.
(g) Applications.--The Secretary shall prescribe the form and
contents required of applications for assistance under this section, to
enable the Secretary to determine the eligibility of the applicant's
proposal, and shall establish terms and conditions for loan guarantees
made under this section.
(h) Full Faith and Credit.--All guarantees entered into by the
Secretary under this section shall constitute general obligations of
the United States backed by the full faith and credit of the United
States.
(i) Modifications.--The Secretary may approve the modification of
any term or condition of a loan guarantee or loan guarantee commitment,
including the rate of interest, time of payment of interest or
principal, or security requirements, if the Secretary finds in writing
that--
(1) the modification is equitable and is in the overall
best interests of the United States; and
(2) consent has been obtained from the applicant and the
holder of the obligation.
(j) Default.--The Secretary shall prescribe regulations setting
forth procedures in the event of default on a loan guaranteed under
this section. The Secretary shall ensure that each loan guarantee made
under this section contains terms and conditions that provide that--
(1) if a payment of principal or interest under the loan is
in default for more than 30 days, the Secretary shall pay to
the holder of the obligation, or the holder's agent, the amount
of unpaid guaranteed interest;
(2) if the default has continued for more than 90 days, the
Secretary shall pay to the holder of the obligation, or the
holder's agent, 90 percent of the unpaid guaranteed principal;
(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to the holder
of the obligation, or the holder's agent, any remaining amounts
guaranteed but which were not recovered through the default's
resolution;
(4) the Secretary shall not be required to make any payment
under paragraphs (1) through (3) if the Secretary finds, before
the expiration of the periods described in such paragraphs,
that the default has been remedied; and
(5) the holder of the obligation shall not receive payment
or be entitled to retain payment in a total amount which,
together with all other recoveries (including any recovery
based upon a security interest in equipment or facilities)
exceeds the actual loss of such holder.
(k) Rights of the Secretary.--
(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (j) in connection
with a loan guarantee made under this section, the Secretary
shall be subrogated to all of the rights of the holder with
respect to the obligor under the loan.
(2) Disposition of property.--The Secretary may complete,
recondition, reconstruct, renovate, repair, maintain, operate,
charter, rent, sell, or otherwise dispose of any property or
other interests obtained pursuant to this section. The
Secretary shall not be subject to any Federal or State
regulatory requirements when carrying out this paragraph.
(l) Action Against Obligor.--The Secretary may bring a civil action
in an appropriate Federal court in the name of the holder of the
obligation in the event of a default on a loan guaranteed under this
section. The holder of a guarantee shall make available to the
Secretary all records and evidence necessary to prosecute the civil
action. The Secretary may accept property in full or partial
satisfaction of any sums owed as a result of a default. If the
Secretary receives, through the sale or other disposition of such
property, an amount greater than the aggregate of--
(1) the amount paid to the holder of a guarantee under
subsection (j); and
(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
(m) Breach of Conditions.--The Attorney General shall commence a
civil action in an appropriate Federal court to enjoin any activity
which the Secretary finds is in violation of this section, regulations
issued hereunder, or any conditions which were duly agreed to, and to
secure any other appropriate relief.
(n) Attachment.--No attachment or execution may be issued against
the Secretary, or any property in the control of the Secretary, prior
to the entry of final judgment to such effect in any State, Federal, or
other court.
(o) Investigation Charge.--The Secretary may charge and collect
from each applicant a reasonable charge for appraisal of the value of
the equipment or facilities for which the loan guarantee is sought, and
for making necessary determinations and findings. Such charge shall not
aggregate more than one-half of 1 percent of the principal amount of
the obligation.
(p) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy for carrying out this section
such sums as may be necessary for fiscal years 2006 through 2010.
(q) Definitions.--For purposes of this section:
(1) The term ``loan guarantee'' means any guarantee,
insurance, or other pledge with respect to the payment of all
or a part of the principal or interest on any debt obligation
of a non-Federal borrower to a non-Federal lender, but does not
include the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
(2) The term ``loan guarantee commitment'' means a binding
agreement by the Secretary of Energy to make a loan guarantee
when specified conditions are fulfilled by the borrower, the
lender, or any other party to the guarantee agreement.
(3) The term ``modification'' means any Government action
that alters the estimated cost of an outstanding loan guarantee
(or loan guarantee commitment) from the current estimate of
cash flows. This includes the sale of loan assets, with or
without recourse, and the purchase of guaranteed loans. This
also includes any action resulting from new legislation, or
from the exercise of administrative discretion under existing
law, that directly or indirectly alters the estimated cost of
outstanding loan guarantees (or loan guarantee commitments)
such as a change in collection procedures.
SEC. 5. PERMANENT EXTENSION OF RESEARCH
CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 6. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT.
(a) In General.--Subparagraph (A) of section 41(c)(4) of the
Internal Revenue Code of 1986 (relating to election of alternative
incremental credit) is amended--
(1) by striking ``2.65 percent'' and inserting ``3
percent'',
(2) by striking ``3.2 percent'' and inserting ``4
percent'', and
(3) by striking ``3.75 percent'' and inserting ``5
percent''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 7. EXCLUSION OF QUALIFIED FUEL-EFFICIENT VEHICLES FROM CALCULATION
OF AVERAGE FUEL ECONOMY OF A MANUFACTURER.
Section 32904(a) of title 49, United States Code, is amended by
adding at the end the following:
``(3) In calculating the average fuel economy of a manufacturer
under paragraph (1), the Administrator shall not consider any
automobile manufactured by the manufacturer for which a credit is
allowed under section 38(a)(16) of the Internal Revenue Code of
1986.''. | Amends the Internal Revenue Code to: (1) allow a tax credit for 25 percent of the cost of certain automobiles, trucks, or vans with fuel efficiency ratings of not less than 40 miles per gallon (35 percent for ratings of not less than 50 miles per gallon); (2) allow a business tax credit for the manufacture or production in the United States of qualified fuel-efficient automobiles for first retail sale; (3) make permanent the tax credit for increasing research activities; and (4) increase the rates of the alternative incremental tax credit for research activities.
Authorizes the Secretary of Energy to provide loan guarantees up to $100 million per loan (up to $1 billion aggregate) to automobile manufacturers for the cost of converting to automobiles with a fuel efficiency rating of more than 40 miles per gallon.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from considering any automobile allowed a fuel-efficiency tax credit under this Act in calculating the average fuel economy of a manufacturer. | {"src": "billsum_train", "title": "To encourage the availability and use of motor vehicles that have improved fuel efficiency, in order to reduce the need to import oil into the United States."} | 3,809 | 207 | 0.364085 | 1.027483 | 0.536659 | 2.695431 | 17.822335 | 0.898477 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Berryessa Snow
Mountain National Conservation Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Berryessa Snow Mountain National Conservation
Area, California.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands in conservation area.
Sec. 6. Berryessa Snow Mountain National Conservation Area Advisory
Council.
Sec. 7. Water.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``advisory council'' means
the Berryessa Snow Mountain National Conservation Area Advisory
Council.
(2) Conservation area.--The term ``conservation area''
means the Berryessa Snow Mountain National Conservation Area.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
those conservation area lands under the jurisdiction of
the Secretary of Agriculture; and
(B) the Secretary of the Interior, with respect to
those conservation area lands under the jurisdiction of
the Secretary of the Interior.
(4) Secretaries.--The term ``Secretaries'' mean the
Secretary of Agriculture and the Secretary of the Interior
acting jointly.
(5) State.--The term ``State'' means the State of
California.
(6) Motor vehicle use maps.--The term ``motor vehicle use
maps'' means the maps produced by the Forest Service titled
``Motor Vehicle Use Map, Mendocino National Forest, SOUTH MAP,
California, 2008'' and ``Motor Vehicle Use Map, Mendocino
National Forest, SOUTH CENTRAL MAP, California, 2008'' and any
amendments to those maps.
SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION
AREA, CALIFORNIA.
(a) Establishment.--Subject to valid existing rights, there is
hereby established the Berryessa Snow Mountain National Conservation
Area in the State.
(b) Purpose.--The purpose of the Berryessa Snow Mountain National
Conservation Area is to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural, educational, and
scientific resources of the lands included in the conservation area.
(c) Area Included.--The conservation area consists of approximately
319,300 acres of Federal land and interests in Federal land within
Napa, Lake, Mendocino, and Yolo Counties, California, as depicted on
the map entitled ``Berryessa Snow Mountain National Conservation Area''
and dated May 2, 2012.
(d) Legal Descriptions; Corrections of Errors.--
(1) Preparation.--As soon as practical after the date of
enactment of this Act, but in no event later than two years
after such date, the Secretaries shall prepare final maps and
legal descriptions of the conservation area.
(2) Submission.--As soon as practicable after the
preparation of the maps and legal descriptions under paragraph
(1), the Secretaries shall submit the maps and legal
descriptions to the Committee on Natural Resources of the House
of Representatives and to the Committee on Energy and Natural
Resources of the Senate.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be available for public
inspection at appropriate offices of the Bureau of Land
Management and Forest Service.
(4) Legal effect.--The maps and legal descriptions of the
conservation area shall have the same force and effect as if
included in this Act, except that the Secretaries may correct
clerical and typographical errors in the maps and legal
descriptions.
SEC. 4. ACCESS AND BUFFER ZONES.
(a) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the conservation area.
(b) Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter of buffer zone around the conservation area.
(2) Activities outside of conservation area.--The fact that
any activities or uses outside of areas designated by this Act
can be seen or heard within the conservation area shall not
preclude the activities or uses outside of the conservation
area.
SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVATION AREA.
(a) Basis of Management.--
(1) Applicable laws.--The Secretary shall manage the
conservation area in a manner that conserves, protects, and
enhances the natural resources and values of the conservation
area, in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) for lands managed by the
Bureau of Land Management;
(C) the Wilderness Act (16 U.S.C. 1131 et seq.);
(D) the Act of June 17, 1902 (commonly known as the
Reclamation Act of 1902; 32 Stat. 388) and Acts
amendatory thereof and supplemental thereto;
(E) other laws (including regulations) applicable
to the National Forest System for land managed by the
Forest Service; and
(F) other applicable law (including regulations).
(2) Resolution of conflicts.--If there is a conflict
between a provision of this Act and a provision of one of the
other laws specified in paragraph (1), the more restrictive
provision shall control.
(b) Uses.--The Secretary shall allow only such uses of the
conservation area as the Secretary determines would further the
purposes for which the conservation area is established.
(c) Tribal Cultural Uses.--Nothing in this Act shall be construed
to enlarge or diminish the rights of any Indian tribe.
(d) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the conservation area,
including hunting, fishing, camping, hiking, hang gliding, sightseeing,
nature study, horseback riding, mountain biking, rafting, motorized
recreation on authorized routes, and other recreational activities, so
long as such recreational use is consistent with the purposes of the
conservation area, this section, other applicable law (including
regulations), and applicable management plans.
(e) Management Plan.--
(1) In general.--Within three years after the date of
enactment of this Act, the Secretaries shall develop a
comprehensive plan for the protection and management of the
Federal lands included within the conservation area that
fulfills the purposes for which the conservation area is
established. In implementing the management plan and in
considering any recommendations from the advisory council, the
Secretaries shall consult on a regular basis.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the conservation area;
(B) be developed with extensive public input;
(C) take into consideration any information
developed in studies of the land within the
conservation area;
(D) assess the impacts of climate change on the
conservation area and establish policies and procedures
to ensure the preservation of wildlife corridors and
facilitate species migration;
(E) include a comprehensive weed management
strategy (including use of grazing where appropriate)
to guide noxious weed control efforts and activities;
(F) identify and prioritize habitat restoration
opportunities and strategies within the conservation
area;
(G) identify opportunities to enhance recreational
opportunities throughout the conservation area;
(H) identify areas outside of designated wilderness
where non-motorized recreation will be emphasized;
(I) identify opportunities to improve fish passage
and habitat quality for native fish species;
(J) include a plan to address the public safety and
environmental clean-up issues associated with illegal
marijuana production within the conservation area;
(K) identify opportunities to promote voluntary
cooperative conservation projects with State, local,
and private interests; and
(L) take into consideration existing land uses
(including grazing) on the Federal lands within the
conservation area.
(3) Other plans.--In developing the management plan, and to
the extent consistent with this section, the Secretary may
incorporate any provision from a resource management plan, land
and resource management plan, or any other plan applicable to
the conservation area.
(4) Cooperative agreements.--In carrying out this Act, the
Secretary may make grants to, or enter into cooperative
agreements with, State, tribal, and local governmental entities
and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the
restoration or conservation of the conservation area.
(f) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the California Department of Fish and Game, may designate zones in
the conservation area where, and periods when, hunting shall not be
allowed for reasons of public safety, administration, or public use and
enjoyment.
(g) Motorized Vehicles.--
(1) In general.--Except where needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles on lands within the conservation area shall be
permitted only on designated roads and trails.
(2) Additional requirement.--In developing the management
plan required by this section, and to the extent consistent
with this section, the Secretary, for lands under jurisdiction
of Forest Service, shall incorporate the motor vehicle use
maps. In developing the management plan (and making any
subsequent amendment to the management plan), the Secretary
shall explicitly analyze and document--
(A) each instance in which the requirements of this
section or other applicable law makes it necessary to
alter the motor vehicle use maps; and
(B) the manner in which the motor vehicle use maps
are consistent with the requirements of this section.
(h) Incorporation of Acquired Lands and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
within the boundaries of the conservation area only through
exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land that is
located within the conservation area that is acquired by the
United States shall--
(A) become part of the conservation area; and
(B) be managed in accordance with this Act.
(i) Withdrawal.--Subject to valid existing rights, all Federal land
within the conservation area is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) leasing or disposition under all laws relating to--
(A) minerals; and
(B) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(j) Grazing.--
(1) Permitted.--The Secretary shall permit grazing within
the conservation area--
(A) where established before the date of enactment
of this Act; or
(B) through the issuance of annual permits for non-
commercial grazing for the purposes of control of
noxious weeds within the conservation area.
(2) Requirement.--Grazing permitted under paragraph (1)
shall be--
(A) subject to all applicable laws (including
regulations); and
(B) consistent with the purposes of the
conservation area.
(k) Wildland Fire Operations.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the conservation area, consistent with the purposes of the conservation
area.
(l) Horses.--Subject to any terms and conditions determined to be
necessary by the Secretary, nothing in this Act precludes horseback
riding in, or the entry of recreational or commercial saddle or pack
stock into, the conservation area where such use is consistent with the
purposes of the conservation area and other applicable law (including
regulations).
SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION AREA ADVISORY
COUNCIL.
(a) Establishment.--Not less than 180 days after the date of
enactment of this Act, the Secretaries shall establish an advisory
council, to be known as the ``Berryessa Snow Mountain National
Conservation Area Advisory Council''.
(b) Duties.--The advisory council shall advise the Secretaries with
respect to the preparation and implementation of the management plan
for the conservation area.
(c) Applicable Law.--The advisory council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) all other applicable law.
(d) Members.--The advisory council shall include 11 members, to be
appointed by the Secretaries, of whom, to the extent practicable--
(1) one member shall be appointed after considering the
recommendations of the Lake County Board of Supervisors;
(2) one member shall be appointed after considering the
recommendations of the Napa County Board of Supervisors;
(3) one member shall be appointed after considering the
recommendations of the Yolo County Board of Supervisors;
(4) one member shall be appointed after considering the
recommendations of the Mendocino County Board of Supervisors;
(5) one member shall be appointed after considering the
recommendations of the head of the California Resources Agency;
(6) one member shall be appointed to represent Native
American Tribes;
(7) five members shall reside in, or within reasonable
proximity to, Yolo County, Napa County, Mendocino County, or
Lake County, California, with backgrounds that reflect--
(A) the purposes for which the conservation area
was established; and
(B) the interest of the stakeholders that are
affected by the planning and management of the
conservation area.
(e) Representation.--The Secretaries shall ensure that the
membership of the advisory council is fairly balanced in terms of the
points of view represented and the functions to be performed by the
advisory council.
(f) Terms.--
(1) Staggered terms.--Members of the advisory council shall
be appointed for terms of 3 years, except that, of the members
first appointed, 4 of the members shall be appointed for a term
of 1 year and 4 of the members shall be appointed for a term of
2 years.
(2) Reappointment.--A member may be reappointed to serve on
the advisory council upon the expiration of the member's
current term.
(3) Vacancy.--A vacancy on the advisory council shall be
filled in the same manner as the original appointment.
(g) Quorum.--A quorum shall be six members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(h) Chairperson and Procedures.--The advisory council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--Members of the advisory council
shall serve without pay.
(j) Termination.--The advisory committee shall cease to exist--
(1) on the date that is five years after the date on which
the management plan is officially adopted by the Secretaries;
or
(2) on such later date as the Secretaries consider
appropriate.
SEC. 7. WATER.
Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights;
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of enactment of this Act;
(6) impairs the ability of the Bureau of Reclamation and
its managing partners to operate, maintain, or manage
Monticello Dam, Lake Berryessa, and other Solano Project
facilities in accordance with the purposes of such project; or
(7) modifies, changes, or supersedes any water contract or
agreements approved or administered by the Bureau of
Reclamation or Solano County Water Agency or Solano Irrigation
District. | Berryessa Snow Mountain National Conservation Area Act - Establishes the Berryessa Snow Mountain National Conservation Area, to comprise approximately 319,300 acres of federal land within Napa, Lake, Mendocino, and Yolo Counties in California.
States that the purpose of the Conservation Area is the conservation, protection, and enhancement of the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the Area for the benefit and enjoyment of present and future generations.
Continues to provide private landowners with adequate access to inholdings in the Conservation Area.
Allows only those uses of the Conservation Area that would further the purposes for which it is established.
Requires a comprehensive plan for the protection and management of the federal lands included within the Conservation Area. Requires such plan to: (1) assess the impacts of climate change, (2) include a comprehensive weed management strategy, and (3) include a plan to address the public safety and environmental clean-up issues associated with illegal marijuana production.
Permits grazing in the Conservation Area: (1) where established before this Act's enactment, or (2) through issuing annual permits for non-commercial grazing to control noxious weeds.
Establishes the Berryessa Snow Mountain National Conservation Area Advisory Council to advise with respect to the preparation and implementation of the management plan. Requires the appointment of one Council member to represent Native American Tribes. | {"src": "billsum_train", "title": "To designate the Berryessa Snow Mountain National Conservation Area in the State of California, and for other purposes."} | 3,646 | 326 | 0.615559 | 1.77994 | 0.636933 | 4.791971 | 12.120438 | 0.959854 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women's Suffrage
Centennial Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of Women's Suffrage Centennial Commission.
Sec. 4. Duties of Centennial Commission.
Sec. 5. Powers of Centennial Commission.
Sec. 6. Centennial Commission personnel matters.
Sec. 7. Termination of Centennial Commission.
Sec. 8. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1919 to 1920, the Sixty-Sixth United States
Congress debated, and State legislatures considered, an
amendment to the Constitution of the United States to provide
suffrage for women.
(2) A proposed women's suffrage amendment was first
introduced in the United States Senate in 1878 and was brought
to a vote, unsuccessfully, in 1887, 1914, 1918, and 1919.
Finally, on May 21, 1919, the House of Representatives approved
a proposed amendment, followed by the Senate a few weeks later
on June 4. Within days, the legislatures of Wisconsin,
Illinois, and Michigan had voted to ratify the amendment.
(3) On August 18, 1920, Tennessee became the 36th State to
ratify the amendment, providing the support of three-fourths of
States necessary under article V of the Constitution of the
United States.
(4) The introduction, passage, and ultimate ratification of
the 19th Amendment to the Constitution of the United States
were the culmination of decades of work and struggle by
advocates for the rights of women across the United States and
worldwide.
(5) Ratification of the 19th Amendment ensured women could
more fully participate in their democracy and fundamentally
changed the role of women in the civic life of our Nation.
(6) The centennial offers an opportunity for people in the
United States to learn about and commemorate the efforts of the
women's suffrage movement and the role of women in our
democracy.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the women's suffrage
movement and to commemorate and honor the role of the
ratification of the 19th Amendment in further fulfilling the
promise of the Constitution of the United States and promoting
the core values of our democracy.
SEC. 3. ESTABLISHMENT OF WOMEN'S SUFFRAGE CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Women's Suffrage Centennial Commission'' (referred to in this
Act as the ``Centennial Commission'').
(b) Membership.--
(1) The Centennial Commission shall be composed of 14
members, of whom--
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate;
(E) 2 shall be appointed by the minority leader of
the Senate;
(F) 1 shall be the Librarian of Congress, or the
designee of the Librarian;
(G) 1 shall be the Archivist of the United States,
or the designee of the Archivist;
(H) 1 shall be the Secretary of the Smithsonian
Institution, or the designee of the Secretary; and
(I) 1 shall be the Director of the National Park
Service, or the designee of the Director.
(2) Persons eligible.--
(A) In general.--The members of the Commission
shall be individuals who have knowledge or expertise,
whether by experience or training, in matters to be
studied by the Commission. The members may be from the
public or private sector, and may include Federal,
State, or local employees, former Members of Congress,
members of academia, nonprofit organizations, or
industry, or other interested individuals.
(B) Diversity.--It is the intent of Congress that
persons appointed to the Commission under paragraph (1)
be persons who represent diverse economic,
professional, and cultural backgrounds.
(3) Consultation and appointment.--
(A) In general.--The President, Speaker of the
House of Representatives, minority leader of the House
of Representatives, majority leader of the Senate, and
minority leader of the Senate shall consult among
themselves before appointing the members of the
Commission in order to achieve, to the maximum extent
practicable, fair and equitable representation of
various points of view with respect to the matters to
be studied by the Commission.
(B) Completion of appointments; vacancies.--The
President, Speaker of the House of Representatives,
minority leader of the House of Representatives,
majority leader of the Senate, and minority leader of
the Senate shall conduct the consultation under
subparagraph (A) and make their respective appointments
not later than 60 days after the date of enactment of
this Act.
(4) Vacancies.--A vacancy in the membership of the
Commission shall not affect the powers of the Commission and
shall be filled in the same manner as the original appointment
not later than 30 days after the vacancy occurs.
(c) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Centennial Commission have been
appointed, the Centennial Commission shall hold its first
meeting.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall
meet at the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of
the members of the Centennial Commission not less
frequently than once every 6 months.
(3) Quorum.--Seven members of the Centennial Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(4) Chair and vice chair.--The Centennial Commission shall
select a Chair and Vice Chair from among its members.
SEC. 4. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(1) To encourage, plan, develop, and execute programs,
projects, and activities to commemorate the centennial of the
passage and ratification of the 19th Amendment.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of the passage and ratification of
the 19th Amendment.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of the passage and
ratification of the 19th Amendment.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of the passage and ratification of the 19th
Amendment.
(5) To develop recommendations for Congress and the
President for commemorating the centennial of the passage and
ratification of the 19th Amendment.
(b) Consultation.--In conducting its work, the Centennial
Commission shall consult the Historian of the Senate and the Historian
of the House of Representatives when appropriate.
(c) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this
Act, and not later than the last day of each 3-month period
thereafter, the Centennial Commission shall submit to Congress
and the President a report on the activities and plans of the
Centennial Commission.
(2) Recommendations.--Not later than 2 years after the date
of the enactment of this Act, the Centennial Commission shall
submit to Congress and the President a report containing
specific recommendations for commemorating the centennial of
the passage and ratification of the 19th Amendment and
coordinating related activities.
SEC. 5. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Centennial Commission considers appropriate to
carry out its duties under this Act.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this Act.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property;
and
(B) to make or enter into contracts, leases, or
other legal agreements.
(2) Limitation.--The Centennial Commission may not enter
into any contract, lease, or other legal agreement that extends
beyond the date of the termination of the Centennial Commission
under section 7(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission is
authorized to solicit, accept, use, and dispose of gifts, bequests, or
devises of money, services, or property, both real and personal, for
the purpose of covering the costs incurred by the Centennial Commission
to carry out its duties under this Act.
(h) Grants.--The Centennial Commission is authorized to award
grants to States and the District of Columbia to support programs and
activities related to commemorating the centennial of the passage and
ratification of the 19th Amendment.
SEC. 6. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with the applicable provisions of title 5,
United States Code.
(c) Staff.--
(1) In general.--The Chair of the Centennial Commission
shall, in consultation with the members of the Centennial
Commission, appoint an executive director and such other
additional personnel as may be necessary to enable the
Centennial Commission to perform its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the
Chair of the Centennial Commission may fix the
compensation of the executive director and any other
personnel appointed under paragraph (1).
(B) Limitation.--The Chair of the Centennial
Commission may not fix the compensation of the
executive director or other personnel appointed under
paragraph (1) at a rate that exceeds the rate payable
for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under
this Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Acceptance of Voluntary Services.--Notwithstanding section 1342
of title 31, United States Code, the Centennial Commission may accept
and use voluntary and uncompensated services as the Centennial
Commission deems necessary.
SEC. 7. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion
of the activities under this Act honoring the centennial
observation of the passage and ratification of the 19th
Amendment; or
(2) April 15, 2021.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Centennial
Commission under this Act.
(2) Exception.--Section 14(a)(2) of such Act (5 U.S.C.
App.) shall not apply to the Centennial Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for the period of fiscal
years 2017 through 2021.
(b) Amounts Available.--Amounts appropriated in accordance with
this section for any fiscal year shall remain available until the
termination of the Centennial Commission. | Women's Suffrage Centennial Commission Act This bill establishes a Women's Suffrage Centennial Commission to develop and execute programs and activities to commemorate the centennial of the passage and ratification of the Nineteenth Amendment, which prohibits the federal government and states from denying U.S. citizens the right to vote on account of sex. | {"src": "billsum_train", "title": "Women\u2019s Suffrage Centennial Commission Act"} | 3,007 | 84 | 0.559219 | 1.295488 | 0.699866 | 3.178571 | 47.196429 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Research and
Prevention Amendments of 1998''.
TITLE I--PROVISIONS RELATING TO WOMEN'S HEALTH RESEARCH AT NATIONAL
INSTITUTES OF HEALTH
SEC. 101. RESEARCH ON DRUG DES; NATIONAL PROGRAM OF EDUCATION.
(a) Research.--Section 403A(e) of the Public Health Service Act (42
U.S.C. 283a(e)) is amended by striking ``1996'' and inserting ``2003''.
(b) National Program for Education of Health Professionals and
Public.--Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:
``education regarding des
``Sec. 1710. (a) In General.--The Secretary, acting through the
heads of the appropriate agencies of the Public Health Service, shall
carry out a national program for the education of health professionals
and the public with respect to the drug diethylstilbestrol (commonly
known as DES). To the extent appropriate, such national program shall
use methodologies developed through the education demonstration program
carried out under section 403A. In developing and carrying out the
national program, the Secretary shall consult closely with
representatives of nonprofit private entities that represent
individuals who have been exposed to DES and that have expertise in
community-based information campaigns for the public and for health
care providers. The implementation of the national program shall begin
during fiscal year 1999.
``(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1999 through 2003. The
authorization of appropriations established in the preceding sentence
is in addition to any other authorization of appropriation that is
available for such purpose.''.
SEC. 102. RESEARCH ON OSTEOPOROSIS, PAGET'S DISEASE, AND RELATED
BONE DISORDERS.
Section 409A(d) of the Public Health Service Act (42 U.S.C.
284e(d)) is amended by striking ``and 1996'' and inserting ``through
2003''.
SEC. 103. RESEARCH ON CANCER.
(a) Research on Breast Cancer.--Section 417B(b)(1) of the Public
Health Service Act (42 U.S.C. 286a-8(b)(1)) is amended--
(1) in subparagraph (A), by striking ``and 1996'' and inserting
``through 2003''; and
(2) in subparagraph (B), by striking ``and 1996'' and inserting
``through 2003''.
(b) Research on Ovarian and Related Cancer Research.--Section
417B(b)(2) of the Public Health Service Act (42 U.S.C. 286a-8(b)(2)) is
amended by striking ``and 1996'' and inserting ``through 2003''.
SEC. 104. RESEARCH ON HEART ATTACK, STROKE, AND OTHER
CARDIOVASCULAR DISEASES IN WOMEN.
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 424 the
following:
``heart attack, stroke, and other cardiovascular diseases in women
``Sec. 424A. (a) In General.--The Director of the Institute shall
expand, intensify, and coordinate research and related activities of
the Institute with respect to heart attack, stroke, and other
cardiovascular diseases in women.
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate activities under subsection (a) with similar
activities conducted by the other national research institutes and
agencies of the National Institutes of Health to the extent that such
Institutes and agencies have responsibilities that are related to heart
attack, stroke, and other cardiovascular diseases in women.
``(c) Certain Programs.--In carrying out subsection (a), the
Director of the Institute shall conduct or support research to expand
the understanding of the causes of, and to develop methods for
preventing, cardiovascular diseases in women. Activities under such
subsection shall include conducting and supporting the following:
``(1) Research to determine the reasons underlying the
prevalence of heart attack, stroke, and other cardiovascular
diseases in women, including African-American women and other women
who are members of racial or ethnic minority groups.
``(2) Basic research concerning the etiology and causes of
cardiovascular diseases in women.
``(3) Epidemiological studies to address the frequency and
natural history of such diseases and the differences among men and
women, and among racial and ethnic groups, with respect to such
diseases.
``(4) The development of safe, efficient, and cost-effective
diagnostic approaches to evaluating women with suspected ischemic
heart disease.
``(5) Clinical research for the development and evaluation of
new treatments for women, including rehabilitation.
``(6) Studies to gain a better understanding of methods of
preventing cardiovascular diseases in women, including applications
of effective methods for the control of blood pressure, lipids, and
obesity.
``(7) Information and education programs for patients and
health care providers on risk factors associated with heart attack,
stroke, and other cardiovascular diseases in women, and on the
importance of the prevention or control of such risk factors and
timely referral with appropriate diagnosis and treatment. Such
programs shall include information and education on health-related
behaviors that can improve such important risk factors as smoking,
obesity, high blood cholesterol, and lack of exercise.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1999 through 2003. The
authorization of appropriations established in the preceding sentence
is in addition to any other authorization of appropriation that is
available for such purpose.''.
SEC. 105. AGING PROCESSES REGARDING WOMEN.
Section 445H of the Public Health Service Act (42 U.S.C. 285e-10)
is amended--
(1) by striking ``The Director'' and inserting ``(a) The
Director''; and
(2) by adding at the end the following subsection:
``(b) For the purpose of carrying out this section, there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 1999 through 2003. The authorization of appropriations
established in the preceding sentence is in addition to any other
authorization of appropriation that is available for such purpose.''.
SEC. 106. OFFICE OF RESEARCH ON WOMEN'S HEALTH.
Section 486(d)(2) of the Public Health Service Act (42 U.S.C.
287d(d)(2)) is amended by striking ``Director of the Office'' and
inserting ``Director of NIH''.
TITLE II--PROVISIONS RELATING TO WOMEN'S HEALTH AT CENTERS FOR DISEASE
CONTROL AND PREVENTION
SEC. 201. NATIONAL CENTER FOR HEALTH STATISTICS.
Section 306(n) of the Public Health Service Act (42 U.S.C. 242k(n))
is amended--
(1) in paragraph (1), by striking ``through 1998'' and
inserting ``through 2003''; and
(2) in paragraph (2), by striking ``through 1998'' and
inserting ``through 2003''.
SEC. 202. NATIONAL PROGRAM OF CANCER REGISTRIES.
Section 399L(a) of the Public Health Service Act (42 U.S.C. 280e-
4(a)) is amended by striking ``through 1998'' and inserting ``through
2003''.
SEC. 203. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION
PROGRAM.
(a) Services.--Section 1501(a)(2) of the Public Health Service Act
(42 U.S.C. 300k(a)(2)) is amended by inserting before the semicolon the
following: ``and support services such as case management''.
(b) Providers of Services.--Section 1501(b) of the Public Health
Service Act (42 U.S.C. 300k(b)) is amended--
(1) in paragraph (1), by striking ``through grants'' and all
that follows and inserting the following: ``through grants to
public and nonprofit private entities and through contracts with
public and private entities.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Certain applications.--If a nonprofit private entity and
a private entity that is not a nonprofit entity both submit
applications to a State to receive an award of a grant or contract
pursuant to paragraph (1), the State may give priority to the
application submitted by the nonprofit private entity in any case
in which the State determines that the quality of such application
is equivalent to the quality of the application submitted by the
other private entity.''.
(c) Authorizations of Appropriations.--
(1) Supplemental grants for additional preventive health
services.--Section 1509(d)(1) of the Public Health Service Act (42
U.S.C. 300n-4a(d)(1)) is amended by striking ``through 1998'' and
inserting ``through 2003''.
(2) General program.--Section 1510(a) of the Public Health
Service Act (42 U.S.C. 300n-5(a)) is amended by striking ``through
1998'' and inserting ``through 2003''.
SEC. 204. CENTERS FOR RESEARCH AND DEMONSTRATION OF HEALTH
PROMOTION.
Section 1706(e) of the Public Health Service Act (42 U.S.C. 300u-
5(e)) is amended by striking ``through 1998'' and inserting ``through
2003''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Provisions Relating to Women's Health Research at
National Institutes of Health
Title II: Provisions Relating to Women's Health at Centers
for Disease Control and Prevention
Women's Health Research and Prevention Amendments of 1998 -
Title I: Provisions Relating to Women's Health Research at National Institutes of Health
- Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES).
Mandates a program of education of health professionals and the public concerning DES. Authorizes appropriations.
(Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) breast cancer programs; and (3) programs on ovarian and other cancers of the reproductive system of women.
(Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations.
(Sec. 105) Extends the authorization of appropriations for research on the aging processes of women.
(Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health.
Title II: Provisions Relating to Women's Health at Centers for Disease Control and Prevention
- Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries.
(Sec. 203) Authorizes grants to States to ensure the provision to women screened for breast or cervical cancer of support services such as case management. Allows certain breast and cervical cancer programs to be carried out through grants to public and nonprofit private entities and contracts with public or private entities (currently, through grants and contracts with public or nonprofit private entities). Allows a State to give priority to a nonprofit entity over an entity that is not a nonprofit if the quality of the entities' applications are equivalent. Extends authorizations of appropriations for: (1) annual evaluations of programs relating to preventive health measures regarding breast and cervical cancers; and (2) various breast and cervical cancer preventive health measures.
(Sec. 204) Extends the authorization of appropriations for centers for research and demonstration regarding health promotion and disease prevention. | {"src": "billsum_train", "title": "Women's Health Research and Prevention Amendments of 1998"} | 2,336 | 567 | 0.659336 | 2.049701 | 0.628588 | 3.19958 | 4.002101 | 0.880252 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Water
Affordability Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CLEAN WATER AFFORDABILITY
Sec. 101. Integrated planning process.
Sec. 102. Updating of guidance.
Sec. 103. Capitalization grant agreements.
TITLE II--WET WEATHER MANAGEMENT
Sec. 201. Technology-based controls for peak wet weather management.
Sec. 202. Wet weather water quality-based standards.
Sec. 203. Peak wet weather waste water management techniques.
TITLE I--CLEAN WATER AFFORDABILITY
SEC. 101. INTEGRATED PLANNING PROCESS.
(a) In General.--Section 402(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the
following:
``(6) Integrated permits.--
``(A) Definition of publicly owned permittee.--In
this paragraph, the term `publicly owned permittee'
means either--
``(i) a treatment works (as defined in
section 212) that is publicly owned; or
``(ii) a municipal separate storm sewer
system referred to in this section.
``(B) Planning approach.--The Administrator shall
establish a comprehensive and integrated planning
approach to the obligations under this section of a
publicly owned permittee--
``(i) under which permit obligations may be
implemented according to a schedule that--
``(I) accounts for the financial
capability of the publicly owned
permittee;
``(II) prioritizes permit
obligations according to the most cost-
effective and environmentally
beneficial outcomes;
``(III) accounts for the
preexisting maintenance, operational,
and regulatory obligations of the
publicly owned permittee under this
section; and
``(IV) enables the publicly owned
permittee to implement innovative
approaches to meet those obligations;
and
``(ii) that accounts for changed
circumstances in the obligations of the
publicly owned permittee, such as--
``(I) new innovative treatment
approaches;
``(II) new regulatory requirements;
and
``(III) changes in financial
capability.''.
(b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting
before the semicolon at the end the following: ``, except that a permit
with a term of more than 5 years but not more than 25 years may be
approved if the permittee has an approved integrated plan established
under subsection (a)(6)''.
SEC. 102. UPDATING OF GUIDANCE.
(a) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(3) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality-related
improvements, taking into consideration the criteria described
in subsection (b)(2)(A).
(4) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to combined sewer overflows and sanitary sewer overflows.
(b) Updating.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall update the
guidance to ensure that the evaluations by the Administrator of
financial capability assessment and schedule development meet
the criteria described in paragraph (2).
(2) Criteria.--The criteria described in this paragraph are
that, under the updated guidance--
(A) in assessing the financial capability of a
community--
(i) greater emphasis should be placed on
local economic conditions;
(ii) for regional systems, consideration
should be given to the economic conditions of
political jurisdictions and significant
demographic groups within each region;
(iii) prescriptive formulas for use in
calculating financial capability and thresholds
for expenditure should not be considered to be
the only indicator of the financial capability
of a community;
(iv) site-specific local conditions should
be taken into consideration in analyzing
financial capability;
(v) a single measure of financial
capability or affordability (such as median
household income) should be viewed in the
context of other economic measures, rather than
as a threshold to be achieved; and
(vi)(I) consideration should be given to
the economic outlook of a community, including
the potential impact of program requirements
over time, in the development of implementation
schedules; and
(II) the assessment should take into
consideration other essential community
investments relating to water quality
improvements;
(B) with respect to the timing of implementation of
water quality-related improvements--
(i) environmental improvement
implementation schedules should be structured
to mitigate the potential adverse impact on
distressed populations resulting from the costs
of the improvements;
(ii) implementation schedules should
reflect local community financial conditions
and economic impacts;
(iii) implementation schedules should allow
permittees up to 30 years to implement water
quality-related improvements in appropriate
cases in which the cost of implementing the
improvements places a high financial burden on
the permittee; and
(iv) existing implementation schedules
should be modified in appropriate cases taking
into consideration the criteria set forth in
this subparagraph;
(C) with respect to implementation--
(i) a determination of local financial
capability may be achieved through an
evaluation of an array of factors the relative
importance of which may vary across regions and
localities; and
(ii) an appropriate methodology should give
consideration to such various factors as are
appropriate to recognize the prevailing and
projected economic concerns in a community; and
(D) the residential indicator should be revised to
include--
(i) a consideration of costs imposed upon
ratepayers for essential utilities;
(ii) increased consideration and
quantification of local community-imposed costs
in regional systems;
(iii) a mechanism to assess impacts on
communities with disparate economic conditions
throughout the entire service area of a
utility;
(iv) a consideration of the industrial and
population trends of a community;
(v) recognition that--
(I) the median household income of
a service area reflects a numerical
median rather than the distribution of
incomes within the service area; and
(II) more representative methods of
determining affordability, such as
shelter costs, essential utility
payments, State affordability criteria,
and State and local tax efforts, should
be considered;
(vi) a consideration of low-income
ratepayer percentages; and
(vii) impacts relating to program delivery,
such as water quality infrastructure market
saturation and program management.
(3) Implementation.--The updated guidance should indicate
that, in a case in which a previously approved long-term
control plan or associated enforceable agreement does not
prohibit modification of the plan or terms of the agreement
(including financial capability considerations), and all
parties are in agreement that a change is needed or that the
plan or agreement does not prohibit reopening to address
changes in the economic or financial status of the community
since the effective date of the plan or agreement,
reconsideration and modification of financial capability
determinations and implementation schedules based on the
criteria described in paragraph (2) is appropriate.
(4) Applicability.--The Administrator shall apply the
updated guidance, including the criteria described in paragraph
(2), to each determination and analysis of affordability,
financial capability, or widespread and substantial economic
impact related to implementation of a program under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance.
SEC. 103. CAPITALIZATION GRANT AGREEMENTS.
Section 602(b) of the Federal Water Pollution Control Act (33
U.S.C. 1382(b)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2016, to provide assistance to
municipalities of fewer than 10,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for activities included on the State's priority list
established under section 603(g), to the extent that there are
sufficient applications for such assistance.''.
TITLE II--WET WEATHER MANAGEMENT
SEC. 201. TECHNOLOGY-BASED CONTROLS FOR PEAK WET WEATHER MANAGEMENT.
(a) Applicability of Effluent Limitations.--Section 301(b)(1)(B) of
the Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(B)) is
amended by striking the semicolon and inserting ``, which effluent
limitations shall apply at the final point of discharge from the
treatment facility and not to flows within the treatment facility;''.
(b) Modification of Effluent Limitations During Peak Wet Weather.--
Section 301 of such Act (33 U.S.C. 1311) is amended by adding at the
end the following:
``(q) Modification of Effluent Limitations During Peak Wet
Weather.--The Administrator, with concurrence of the State, may issue
permits pursuant to section 402 that modify the requirements of
subsection (b)(1)(B) with respect to the discharge of any pollutant
from a collection system servicing a publicly owned treatment works
during periods of peak wet weather, if the applicant demonstrates to
the satisfaction of the Administrator that the applicant has a peak wet
weather management plan approved by the Administrator or State that--
``(1) defines the peak wet weather event during which the
plan will apply; and
``(2) describes the management practices to be used by the
applicant during peak wet weather events pursuant to guidelines
established by the Administrator under section 304(d)(2).''.
SEC. 202. WET WEATHER WATER QUALITY-BASED STANDARDS.
Section 303(c)(2) of the Federal Water Pollution Control Act (33
U.S.C. 1313(c)(2)) is amended by adding at the end the following:
``(C)(i) States may adopt peak wet weather-related water
quality standards for receiving waters during periods of peak
wet weather events (as determined pursuant to section
304(d)(2)).
``(ii) The Administrator, after consultation with States
and not later than 12 months after the date of enactment of
this subparagraph, and from time to time thereafter, shall
develop and publish guidance to States on developing and
implementing peak wet weather-related water quality standards
to accommodate peak wet weather discharges.''.
SEC. 203. PEAK WET WEATHER WASTE WATER MANAGEMENT TECHNIQUES.
Section 304(d) of the Federal Water Pollution Control Act (33
U.S.C. 1314(d)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Peak wet weather flow practices and techniques.--
``(A) Information and guidelines.--The
Administrator, after consultation with appropriate
Federal and State agencies and other interested
parties, shall publish not later than 12 months after
the date of enactment of the Clean Water Affordability
Act of 2015, and from time to time thereafter,
information and guidelines for peak wet weather waste
water management practices available for use during
periods of peak wet weather events by a collection
system servicing a publicly owned treatment works to--
``(i) prevent damage to the treatment
facility;
``(ii) maximize the delivery of flow to the
treatment facility; and
``(iii) provide for appropriate cost-
effective controls during peak wet weather
events.
``(B) Contents of guidelines.--The guidelines shall
include options for the types of technologies and
management approaches available to manage peak wet
weather-related wastewater flows, including--
``(i) technologies and management
approaches relating to facility and collection
system storage methods (including in-system
treatment methods throughout the collection
system);
``(ii) facility and collection systems
operations and maintenance systems;
``(iii) monitoring and reporting systems;
and
``(iv) alternative treatment methods and
technologies that can achieve applicable water
quality.''. | Clean Water Affordability Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the permit obligations under the National Pollutant Discharge Elimination System (NPDES) program of a publicly owned treatment works (POTW) or a municipal separate storm sewer system. A state may extend the term of a NPDES permit to up to 25 years under a state-administered NPDES program, if the permittee has an approved integrated plan. The EPA must update the guidance entitled "Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development," to ensure that the evaluations by the EPA of financial capability assessment and schedule development meet specified criteria. States must set aside 15% of the amount of each capitalization grant they receive for water pollution control revolving funds to provide assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria for activities on the state's priority list of POTW construction projects. Effluent limitations must be applied at the final point of discharge from a POTW treatment facility and not to flows within the facility. The EPA may issue NPDES permits with modified effluent limits for discharges of pollutants from a collection system servicing a POTW during periods of peak wet weather if a state concurs and the permit applicant has an approved peak wet weather management plan. States may adopt peak wet weather-related water quality standards for receiving waters during periods of peak wet weather events. The EPA must develop and publish guidance with respect to peak wet weather-related water quality standards and waste water management practices. | {"src": "billsum_train", "title": "Clean Water Affordability Act of 2015"} | 3,027 | 389 | 0.535191 | 1.663271 | 0.836561 | 3.56129 | 8.703226 | 0.858065 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Super Pollutant Emissions Reduction
Act of 2013'' or the ``SUPER Act of 2013''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Carbon dioxide is estimated to account for 55 to 60
percent of anthropogenic radiative forcing (or manmade global
warming), while the remainder is driven by non-carbon dioxide
climate pollutants, primarily short-lived climate pollutants.
These short-lived climate pollutants, or ``super pollutants'',
have shorter atmospheric lifespans than carbon dioxide but
cause much more warming per molecule, and in many cases the
emissions are growing much faster than carbon dioxide.
(2) Several of the short-lived climate pollutants are also
potent air pollutants that harm human health and reduce crop
yields. Reducing these pollutants can save thousands of lives
every year in the United States and millions globally, while
also increasing agricultural production.
(3) International efforts to address short-lived climate
pollutants are underway, including the Climate and Clean Air
Coalition to Reduce Short-Lived Climate Pollutants, led by the
Department of State and the United Nations Environment
Programme, the Global Methane Initiative, and the negotiation
of amendments to the Montreal Protocol on Substances that
Deplete the Ozone Layer.
(4) Many of the technologies to reduce short-lived climate
pollutants already exist, but adoption of such technologies has
been slow.
(5) The Federal Government has a number of programs and
initiatives some of which aim to, or the outcomes of which,
reduce emissions of short-lived climate pollutants, but these
programs are scattered across multiple agencies and there is
insufficient coordination to maximize reductions of these
pollutants. In February 2012, the Government Accountability
Office published an annual report, ``Opportunities to Reduce
Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue'', which examined the efficiency and efficacy
of government programs, including those that address diesel
emissions that contain black carbon, a short-lived climate
pollutant.
(6) Executive Order 13514 requires Federal agencies to
develop plans for reducing hydrofluorocarbons and methane, but
few agencies have focused on these compounds in their annual
Strategic Sustainability Performance Plans.
(7) Because of their short atmospheric lifetimes, reducing
global emissions of short-lived climate pollutants can quickly
cut the rate of global temperature rise in half, by 2050, and
help stabilize global temperatures below 2C above pre-
industrial temperatures by 2100, when combined with reductions
of global emissions of carbon dioxide. Cutting short-lived
climate pollutants along with carbon dioxide can also reduce
the rate of projected global sea-level rise by half and total
sea-level rise by a third. Steps to reduce short-lived climate
pollutants are likely to have air quality and public health
benefits as well.
(b) Purpose.--The purpose of this Act is to--
(1) coordinate and optimize the Federal Government's
existing efforts to address short-lived climate pollutants;
(2) reduce overlap and duplication of such efforts; and
(3) encourage Federal operations, programs, policies, and
initiatives to reduce short-lived climate pollutants by--
(A) ensuring that the coordinated Federal programs
are effective and forward-looking in their efforts to
control short-lived climate pollutants;
(B) ensuring coordination of such Federal
operations, programs, policies, and initiatives with
State, local, regional, tribal, and industry efforts;
and
(C) supporting such State, local, regional, tribal,
and industry efforts.
SEC. 3. TASK FORCE ON SUPER POLLUTANTS.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish the ``Task Force
on Super Pollutants'' (referred to in this section as the ``Task
Force'').
(b) Duties.--The Task Force shall--
(1) review existing and potential policies and measures
that promote reduction of short-lived climate pollutants, in
part by identifying and evaluating programs and activities of
the Federal government that contribute, or could contribute, to
such reduction;
(2) identify and recommend specific existing Federal
programs and activities evaluated under paragraph (1) that are
unnecessarily duplicative and can be consolidated to achieve
greater efficiency and effectiveness;
(3) identify gaps where programs do not exist, and
recommend focused programs and activities to fill these gaps to
achieve reductions of short-lived climate pollutants, with an
emphasis on industry standards and public-private partnerships
where possible;
(4) identify, compile, evaluate, and develop best practices
for reductions of short-lived climate pollutants, including
by--
(A) identifying and evaluating both domestic and
international best practices and standards practiced
and set by governments, industry in each sector listed
in subsection (c)(5), standards bodies, and other
relevant institutions; and
(B) identifying and evaluating cost-effective
mitigation projects, strategies, and policies at the
State, local, and tribal level, with the greatest
potential for reduction of short-lived climate
pollutants; and
(5) not later than 18 months after the date of enactment of
this Act, submit to Congress a report on the findings and
recommendations developed under paragraphs (1) through (4).
(c) Members.--The task force established under subsection (a) shall
include representatives of--
(1) all relevant Federal agencies, including--
(A) the Secretary of Energy;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Secretary of the Interior;
(D) the Secretary of Transportation;
(E) the Secretary of Agriculture;
(F) the Secretary of State;
(G) the Secretary of Commerce; and
(H) the Secretary of Health and Human Services;
(2) relevant offices and councils within the Executive
Office of the President, including--
(A) the Office of Management and Budget;
(B) the Office of Science and Technology Policy;
and
(C) the Council on Environmental Quality;
(3) State, local, and tribal governments or associations;
(4) academic and non-governmental organizations with
expertise in short-lived climate pollutants; and
(5) relevant industry organizations, representing at least
the following sectors:
(A) Energy supply and transmission, including
fossil fuels.
(B) Solid waste.
(C) Transportation.
(D) Chemical manufacturing and user industries.
(E) Agriculture.
(F) Wastewater.
(G) Buildings.
(H) Other sectors as determined appropriate by the
President.
(d) Definition.--In this Act, the term ``short-lived climate
pollutant'' means any of the following:
(1) Black carbon.
(2) Methane.
(3) Hydrofluorocarbons.
(4) Tropospheric ozone and its precursors.
(5) Emissions from banks of ozone-depleting substances. | Super Pollutant Emissions Reduction Act of 2013 or the SUPER Act of 2013 - Requires the President to establish the Task Force on Super Pollutants to: review existing and potential policies and measures that promote reduction of short-lived climate pollutants, in part by identifying and evaluating programs and activities of the federal government that contribute to such reduction; identify and recommend specific existing programs and activities that are duplicative and that can be consolidated to achieve greater efficiency and effectiveness; identify gaps where programs do not exist and recommend focused programs and activities to fill such gaps to achieve reductions of short-lived climate pollutants, with an emphasis on industry standards and public-private partnerships; identify, compile, evaluate, and develop best practices for reductions of short-lived climate pollutants; and report to Congress on its findings and recommendations. Defines "short-lived climate pollutant" as black carbon, methane, hydrofluorocarbons, tropospheric ozone and its precursors, or emissions from banks of ozone-depleting substances. | {"src": "billsum_train", "title": "SUPER Act of 2013"} | 1,493 | 240 | 0.602734 | 1.937373 | 0.858737 | 5.604167 | 7.588542 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Energy Price Protection Act
of 2006''.
SEC. 2. GASOLINE PRICE GOUGING PROHIBITED.
(a) Unlawful Conduct.--
(1) Unfair and deceptive act or practice.--It shall be an
unfair or deceptive act or practice in violation of section 5
of the Federal Trade Commission Act for any person to sell
crude oil, gasoline, diesel fuel, home heating oil, or any
biofuel at a price that constitutes price gouging as defined by
rule pursuant to subsection (b).
(2) Definition.--For purposes of this subsection, the term
``biofuel'' means any fuel containing any organic matter that
is available on a renewable or recurring basis, including
agricultural crops and trees, wood and wood wastes and
residues, plants (including aquatic plants), grasses, residues,
fibers, and animal wastes, municipal wastes, and other waste
materials.
(b) Price Gouging.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Federal Trade Commission shall
promulgate, in accordance with section 553 of title 5, United
States Code, any rules necessary for the enforcement of this
section.
(2) Contents.--Such rules--
(A) shall define ``price gouging'', ``retail
sale'', and ``wholesale sale'' for purposes of this
Act; and
(B) shall be consistent with the requirements for
declaring unfair acts or practices in section 5(n) of
the Federal Trade Commission Act (15 U.S.C. 45(n)).
(c) Enforcement.--
(1) In general.--Except as provided in subsection (d), a
violation of subsection (a) shall be treated as a violation of
a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade
Commission shall enforce this 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.
(2) Exclusive enforcement.--Notwithstanding any other
provision of law, no person, State, or political subdivision of
a State, other than the Federal Trade Commission or the
Attorney General of the United States to the extent provided
for in section 5 of the Federal Trade Commission Act or the
attorney general of a State as provided by subsection (d),
shall have any authority to enforce this Act or any rule
prescribed pursuant to this Act.
(d) Enforcement by State Attorneys General.--
(1) Civil action.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by any person who violates subsection (a),
the attorney general, as parens patriae, may bring a civil
action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction--
(A) to enjoin further violation of such section by
the defendant;
(B) to compel compliance with such section; or
(C) to impose a civil penalty under subsection (e).
(2) Intervention by the ftc.--
(A) Notice and intervention.--The State shall
provide prior written notice of any action under
paragraph (1) to the Federal Trade Commission and
provide the Commission with a copy of its complaint,
except in any case in which such prior notice is not
feasible, in which case the State shall serve such
notice immediately upon instituting such action. The
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this Act, no attorney general
of a State may bring an action under this subsection
during the pendency of that action against any
defendant named in the complaint of the Commission for
any violation of this Act alleged in the complaint.
(3) Construction with respect to powers conferred by state
law.--For purposes of bringing any civil action under paragraph
(1), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers
conferred on the attorney general by the laws of that State.
(e) Civil Penalty.--
(1) In general.--Notwithstanding any civil penalty that
otherwise applies to a violation of a rule referred to in
subsection (c)(1), any person who violates subsection (a) shall
be liable for a civil penalty under this subsection.
(2) Amount.--The amount of a civil penalty under this
subsection shall be an amount equal to--
(A) in the case of a wholesale sale in violation of
subsection (a), the sum of--
(i) 3 times the difference between--
(I) the total amount charged in the
wholesale sale; and
(II) the total amount that would be
charged in such a wholesale sale made
at the wholesale fair market price;
plus
(ii) an amount not to exceed $3,000,000 per
day of a continuing violation; or
(B) in the case of a retail sale in violation of
subsection (a), 3 times the difference between--
(i) the total amount charged in the sale;
and
(ii) the total amount that would be charged
in such a sale at the fair market price for
such a sale.
(3) Deposit.--Of the amount of any civil penalty imposed
under this section with respect to any sale in violation of
subsection (a) to a person that resides in a State, the portion
of such amount that is determined under subparagraph (A)(i) or
(B) (or both) of paragraph (2) shall be deposited into--
(A) any account or fund established under the laws
of the State and used for paying compensation to
consumers for violations of State consumer protection
laws; or
(B) in the case of a State for which no such
account or fund is establish by State law, into the
general fund of the State treasury.
(f) Criminal Penalty.--
(1) In general.--In addition to any other penalty that
applies, a violation of subsection (a) is punishable--
(A) in the case of a wholesale sale in violation of
subsection (a), by a fine of not more than
$150,000,000, imprisonment for not more than 2 years,
or both; or
(B) in the case of a retail sale in violation of
subsection (a), by a fine of not more than $2,000,000,
imprisonment for not more than 2 years, or both.
(2) Enforcement.--The criminal penalty provided by
paragraph (1) may be imposed only pursuant to a criminal action
brought by the Attorney General or other officer of the
Department of Justice, or any attorney specially appointed by
the Attorney General, in accordance with section 515 of title
28, United States Code.
Passed the House of Representatives May 3, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Federal Energy Price Protection Act of 2006 - Declares that it shall be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging.
Defines "biofuel" as any fuel containing specified organic matter
Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act.
Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; and (3) state attorneys general.
Prescribes guidelines for enforcement of civil actions by state attorneys general, including injunctions, compliance enforcement and civil penalties.
Preempts state enforcement action while federal action is pending.
Prescribes civil and criminal penalties for violations of this Act.
Restricts enforcement of criminal penalties to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General. | {"src": "billsum_train", "title": "To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil, and for other purposes."} | 1,619 | 226 | 0.579856 | 1.707395 | 0.939588 | 4.58209 | 7.472637 | 0.870647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2002''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Secretary may
prescribe, the applicable veteran or a member of such a veteran's
family, who owns and possesses a qualifying firearm, may register such
firearm in the National Firearms Registration and Transfer Record
(described in section 5841 of the Internal Revenue Code of 1986) during
the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while such veteran was a member
of the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--With respect to any firearm,
in the absence of clear and convincing evidence to the
contrary--
(A) the Secretary shall accept as true and accurate
any affidavit, document, or other evidence submitted by
an individual to establish that such firearm meets the
requirements of paragraph (1); and
(B) the requirement of paragraph (1)(C) shall be
treated as met.
(c) Hearings.--If the Secretary determines that any individual may
not register a firearm under subsection (a) during the amnesty period,
the Secretary, upon the request of such individual, shall--
(1) provide such individual any evidence on which the
Secretary's decision is based; and
(2) promptly hold a hearing to review such determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--Any individual who
registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections
(a)(3), (o), (v), and (w) of section 922 of title 18,
United States Code, as having lawfully acquired and
possessed the firearm before the date of the enactment
of chapter 44 of such title and each of such chapter's
provisions; and
(B) shall not be liable under chapter 44 of title
18, United States Code, for any violation of such
chapter which--
(i) is based solely on such individual's
ownership, possession, transportation,
importation, or alteration of such firearm; and
(ii) occurred before or concurrent with
such registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), any individual who registers a
firearm under subsection (a) shall not be liable under chapter
53 or 75 of the Internal Revenue Code of 1986 for any violation
of such chapters which relates to such firearm and which
occurred before or concurrent with such registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(e) Forfeiture.--Any firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code or chapter 44 of title 18, United States Code,
for any violation of such chapters which relates to such firearm and
which occurred before or concurrent with such registration.
(f) Definitions.--For purposes of this section:
(1) Amnesty period.--The term ``amnesty period'' means the
90-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
such term in section 5845 of the Internal Revenue Code of 1986,
except that such term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--With respect to any firearm, the
term ``applicable veteran'' means the veteran described in
subsection (b)(1)(B).
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--The term ``family'' means, with respect to a
veteran, the grandparents of such veteran, the grandparents of
such veteran's spouse, the lineal descendants of such
grandparents, and any spouse of such a lineal descendant. A
spouse of an individual who is legally separated from such
individual under a decree of divorce or separate maintenance
shall be treated as such individual's spouse for purposes of
this paragraph. Individuals related by the half blood or by
legal adoption shall be treated as if they were related by the
whole blood for purposes of this paragraph.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. TRANSFER OF MACHINEGUNS TO MUSEUMS.
Section 922(o)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a transfer to or by, or possession by, a museum which
is open to the public and incorporated as a not-for-profit
corporation under applicable State law; or''. | Veterans' Heritage Firearms Act of 2002 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law. | {"src": "billsum_train", "title": "To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes."} | 1,315 | 169 | 0.575054 | 1.593857 | 0.750814 | 5.056338 | 8.366197 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cement Sector Regulatory Relief Act
of 2011''.
SEC. 2. LEGISLATIVE STAY.
(a) Establishment of Standards.--In lieu of the rules specified in
subsection (b), and notwithstanding the date by which those rules would
otherwise be required to be promulgated, the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator'') shall--
(1) propose regulations for the Portland cement
manufacturing industry and Portland cement plants that are
subject to any of the rules specified in subsection (b) that--
(A) establish maximum achievable control technology
standards, performance standards, and other
requirements under sections 112 and 129, as applicable,
of the Clean Air Act (42 U.S.C. 7412, 7429); and
(B) identify nonhazardous secondary materials that,
when used as fuels in combustion units of that industry
and those plants, qualify as solid waste under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for
purposes of determining the extent to which the
combustion units are required to meet the emission
standards under section 112 or 129 of the Clean Air Act
(42 U.S.C. 7412, 7429); and
(2) promulgate final versions of those regulations by not
later than--
(A) the date that is 15 months after the date of
enactment of this Act; or
(B) such later date as may be determined by the
Administrator.
(b) Stay of Earlier Rules.--
(1) Portland-specific rules.--The final rule entitled
``National Emission Standards for Hazardous Air Pollutants from
the Portland Cement Manufacturing Industry and Standards of
Performance for Portland Cement Plants'' (75 Fed. Reg. 54970
(September 9, 2010)) shall be--
(A) of no force or effect;
(B) treated as though the rule had never taken
effect; and
(C) replaced in accordance with subsection (a).
(2) Other rules.--
(A) In general.--The final rules described in
subparagraph (B), to the extent that those rules apply
to the Portland cement manufacturing industry and
Portland cement plants, shall be--
(i) of no force or effect;
(ii) treated as though the rules had never
taken effect; and
(iii) replaced in accordance with
subsection (a).
(B) Description of rules.--The final rules
described in this subparagraph are--
(i) the final rule entitled ``Standards of
Performance for New Stationary Sources and
Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste
Incineration Units'' (76 Fed. Reg. 15704 (March
21, 2011)); and
(ii) the final rule entitled
``Identification of Non-Hazardous Secondary
Materials That Are Solid Waste'' (76 Fed. Reg.
15456 (March 21, 2011)).
SEC. 3. COMPLIANCE DATES.
(a) Establishment of Compliance Dates.--For each regulation
promulgated pursuant to section 2(a), the Administrator--
(1) shall establish a date for compliance with standards
and requirements under the regulation that is, notwithstanding
any other provision of law, not earlier than 5 years after the
effective date of the regulation; and
(2) in proposing a date for that compliance, shall take
into consideration--
(A) the costs of achieving emission reductions;
(B) any non-air quality health and environmental
impact and energy requirements of the standards and
requirements;
(C) the feasibility of implementing the standards
and requirements, including the time necessary--
(i) to obtain necessary permit approvals;
and
(ii) to procure, install, and test control
equipment;
(D) the availability of equipment, suppliers, and
labor, given the requirements of the regulation and
other proposed or finalized regulations of the
Administrator; and
(E) potential net employment impacts.
(b) New Sources.--The date on which the Administrator proposes a
regulation pursuant to section 2(a)(1) establishing an emission
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412,
7429) shall be treated as the date on which the Administrator first
proposes such a regulation for purposes of applying--
(1) the definition of the term ``new source'' under section
112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or
(2) the definition of the term ``new solid waste
incineration unit'' under section 129(g)(2) of that Act (42
U.S.C. 7429(g)(2)).
(c) Rule of Construction.--Nothing in this Act restricts or
otherwise affects paragraphs (3)(B) and (4) of section 112(i) of the
Clean Air Act (42 U.S.C. 7412(i)).
SEC. 4. ENERGY RECOVERY AND CONSERVATION.
Notwithstanding any other provision of law, and to ensure the
recovery and conservation of energy consistent with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), in promulgating regulations
under section 2(a) addressing the subject matter of the rules specified
in section 2(b)(2), the Administrator shall--
(1) adopt the definitions of the terms ``commercial and
industrial solid waste incineration unit'', ``commercial and
industrial waste'', and ``contained gaseous material'' in the
rule entitled ``Standards for Performance of New Stationary
Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units'' (65
Fed. Reg. 75338 (December 1, 2000)); and
(2) identify nonhazardous secondary material to be solid
waste (as defined in section 1004 of the Solid Waste Disposal
Act (42 U.S.C. 6903) only if--
(A) the material meets that definition of
commercial and industrial waste; or
(B) if the material is a gas, the material meets
that definition of contained gaseous material.
SEC. 5. OTHER PROVISIONS.
(a) Establishment of Standards Achievable in Practice.--In
promulgating regulations under section 2(a), the Administrator shall
ensure, to the maximum extent practicable, that emission standards for
existing and new sources established under section 112 or 129 of the
Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under
actual operating conditions consistently and concurrently with emission
standards for all other air pollutants covered by regulations
applicable to the source category, taking into account--
(1) variability in actual source performance;
(2) source design;
(3) fuels;
(4) inputs;
(5) controls;
(6) ability to measure the pollutant emissions; and
(7) operating conditions.
(b) Regulatory Alternatives.--For each regulation promulgated under
section 2(a), from among the range of regulatory alternatives
authorized under the Clean Air Act (42 U.S.C. 7401 et seq.), including
work practice standards under section 112(h) of that Act (42 U.S.C.
7412(h)), the Administrator shall impose the least burdensome,
consistent with the purposes of that Act and Executive Order 13563 (76
Fed. Reg. 3821 (January 21, 2011)). | Cement Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; and (2) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and the rule entitled "Identification of Non-Hazardous Secondary Materials that are Solid Waste," to the extent that such rules apply to the Portland cement manufacturing industry and Portland cement plants.
Requires the Administrator of the Environmental Protection Agency (EPA), in lieu of such rules, to promulgate within 15 months (or such later date as may be determined by the Administrator) regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify nonhazardous secondary materials that, when used as fuels in combustion units of that industry and those plants, qualify as solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act or the Clean Air Act. Requires the Administrator, after considering the costs of achieving emission reductions, non-air quality health and environmental impacts and energy requirements, feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts, to establish dates for compliance with standards and requirements under such regulations no earlier than five years after the effective date of the regulation. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emission standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants covered by regulations applicable to the source category, and (2) impose the least burdensome regulatory alternative for each regulation promulgated. | {"src": "billsum_train", "title": "A bill to provide additional time for the Administrator of the Environmental Protection Agency to promulgate achievable standards for cement manufacturing facilities, and for other purposes."} | 1,671 | 442 | 0.731574 | 2.224127 | 0.863654 | 4.41133 | 3.591133 | 0.958128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Production
Prevention Act of 2008''.
SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE AND RETENTION FOR
ELECTRONIC METHAMPHETAMINE PRECURSOR LOGBOOK SYSTEMS.
Section 310(e)(1)(A) of the Controlled Substances Act (21 U.S.C.
830(e)(1)(A)) is amended by striking clauses (iv) through (vi) and
inserting the following:
``(iv) In the case of a sale to which the requirement
of clause (iii) applies, the seller does not sell such a
product unless the sale is made in accordance with the
following:
``(I) The prospective purchaser--
``(aa) presents an identification card that
provides a photograph and is issued by a State or
the Federal Government, or a document that, with
respect to identification, is considered acceptable
for purposes of sections 274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B) of title 8, Code of Federal
Regulations (as in effect on or after March 9,
2006); and
``(bb) signs the written logbook and enters in
the logbook his or her name, address, and the date
and time of the sale, or for transactions involving
an electronic logbook, the purchaser provides a
signature using one of the following means:
``(AA) Signing a device presented by the
seller that captures signatures in an
electronic format. Such device shall display
the notice described in clause (v). Any device
used shall preserve each signature in a manner
that clearly links that signature to the other
electronically-captured logbook information
relating to the prospective purchaser providing
that signature.
``(BB) Signing a bound paper book. Such
bound paper book shall include, for such
purchaser, either (aaa) a printed sticker
affixed to the bound paper book at the time of
sale which either displays the name of each
product sold, the quantity sold, the name and
address of the purchaser, and the date and time
of the sale, or a unique identifier which can
be linked to that electronic information, or
(bbb) a unique identifier which can be linked
to that information and which is written into
the book by the seller at the time of sale. The
purchaser shall sign adjacent to the printed
sticker or written unique identifier related to
that sale. Such bound paper book shall display
the notice described in clause (v).
``(CC) Signing a printed document that
includes, for such purchaser, the name of each
product sold, the quantity sold, the name and
address of the purchaser, and the date and time
of the sale. Such document shall be printed by
the seller at the time of the sale. Such
document shall contain a clearly identified
signature line for a purchaser to sign. Such
printed document shall display the notice
described in clause (v). Each signed document
shall be inserted into a binder or other secure
means of document storage immediately after the
purchaser signs the document.
``(II) The seller enters in the logbook the name of
the product and the quantity sold. Such information may
be captured through electronic means, including through
electronic data capture through bar code reader or
similar technology.
``(III) The logbook maintained by the seller
includes the prospective purchaser's name, address, and
the date and time of the sale, as follows:
``(aa) If the purchaser enters the information,
the seller must determine that the name entered in
the logbook corresponds to the name provided on
such identification and that the date and time
entered are correct.
``(bb) If the seller enters the information,
the prospective purchaser must verify that the
information is correct.
``(cc) Such information may be captured through
electronic means, including through electronic data
capture through bar code reader or similar
technology.
``(v) The written or electronic logbook includes, in
accordance with criteria of the Attorney General, a notice
to purchasers that entering false statements or
misrepresentations in the logbook, or supplying false
information or identification that results in the entry of
false statements or misrepresentations, may subject the
purchasers to criminal penalties under section 1001 of
title 18, United States Code, which notice specifies the
maximum fine and term of imprisonment under such section.
``(vi) Regardless of whether the logbook entry is
written or electronic, the seller maintains each entry in
the logbook for not fewer than 2 years after the date on
which the entry is made.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Methamphetamine Production Prevention Act of 2008 - Amends the Controlled Substances Act to expand written and electronic logbook requirements applicable to sellers and purchasers of listed chemicals (e.g., legal substances used in the production of methamphetamine).
Requires retail sellers of listed chemicals to use an electronic logbook or a bound paper book to obtain required information (i.e., name and address of purchaser, date and time of sale, and quantity sold) for sales of listed chemicals. Requires an electronic logbook to capture signatures in an electronic format. Requires a bound paper book to include: (1) a clear line for the purchaser's signature; and (2) a sticker affixed to the book at the time of sale which displays the name of each product sold, the quantity sold, the name and address of the purchaser, and the date and time of the sale or a unique identifier that can be linked to electronic or written information.
Requires sellers and purchasers of listed chemicals to verify the accuracy of information entered into an electronic logbook or bound paper book.
Requires sellers of listed chemicals to maintain entries in written logbooks or electronic formats for not fewer than two years. | {"src": "billsum_train", "title": "A bill to facilitate the creation of methamphetamine precursor electronic logbook systems, and for other purposes."} | 1,052 | 272 | 0.684261 | 2.276567 | 0.735514 | 2.59009 | 4.378378 | 0.815315 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 2006''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and the
domestic partner of the employee shall be entitled to benefits
available to and obligations imposed upon a married employee and the
spouse of the employee.
(b) Certification of Eligibility.--In order to obtain benefits and
assume obligations under this Act, an employee shall file an affidavit
of eligibility for benefits and obligations with the Office of
Personnel Management identifying the domestic partner of the employee
and certifying that the employee and the domestic partner of the
employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification and may constitute a criminal violation; and
(7) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall receive under this Act such benefits as would be received
by the spouse of an employee.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under applicable provisions of
chapter 89 of title 5, United States Code.
(d) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(e) Definitions.--For purposes of this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person of the same sex in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means--
(A) civil service retirement, as provided in
chapter 83 of title 5, of the United States Code;
(B) Federal Employees' Retirement, as provided in
chapter 84 of title 5, United States Code;
(C) life insurance, as provided in chapter 87 of
title 5, United States Code;
(D) health insurance, as provided in chapter 89 of
title 5, United States Code;
(E) compensation for work injuries, as provided in
chapter 81 of title 5, United States Code;
(F) family and medical leave, as provided in
subchapter V of chapter 63 of title 5, United States
Code;
(G) long-term care insurance, as provided in
chapter 90 of title 5, United States Code;
(H) enhanced dental benefits, as provided in
chapter 89A of title 5, United States Code; and
(I) enhanced vision benefits, as provided in
chapter 89B of title 5, United States Code.
(3) Employee.--
(A) With respect to civil service retirement, the
term ``employee'' shall have the meaning given such
term in section 8331(1) of title 5, United States Code.
(B) With respect to Federal employees' retirement,
the term ``employee'' shall have the meaning given such
term in section 8401(11) of title 5, United States
Code.
(C) With respect to life insurance, the term
``employee'' shall have the meaning given such term in
section 8701(a) of title 5, United States Code.
(D) With respect to health insurance, the term
``employee'' shall have the meaning given such term in
section 8901 of title 5, United States Code.
(E) With respect to compensation for work injuries,
the term ``employee'' shall have the meaning given such
term in section 8101(1) of title 5, United States Code.
(F) With respect to family and medical leave, the
term ``employee'' shall have the meaning given such
term in section 6381(1) of title 5, United States Code.
(G) With respect to long-term care insurance, the
term ``employee'' shall have the meaning given such
term in section 9001(1) of title 5, United States Code.
(H) With respect to enhanced dental benefits, the
term ``employee'' shall have the meaning given such
term in section 8951(1) of title 5, United States Code.
(I) With respect to enhanced vision benefits, the
term ``employee'' shall have the meaning given such
term in section 8981(1) of title 5 United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of an
employee.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall apply to
any individual who is employed as an employee on or after the date of
enactment of this Act. | Domestic Partnership Benefits and Obligations Act of 2006 - Entitles federal employees and their domestic partners to benefits available to federal married employees and their spouses. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. | {"src": "billsum_train", "title": "A bill to provide benefits to domestic partners of Federal employees."} | 1,448 | 56 | 0.524431 | 1.262938 | 0.866542 | 1.477273 | 30.477273 | 0.704545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Financial Research
Accountability Act of 2015''.
SEC. 2. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH.
Section 153 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5343) is amended by adding at the end the
following new subsection:
``(g) Additional Duties.--
``(1) Annual work plan.--
``(A) In general.--The Director shall, after a
period of 60 days for public notice and comment,
annually publish a detailed work plan concerning the
priorities of the Office for the upcoming fiscal year.
``(B) Requirements.--The work plan shall include
the following:
``(i) A unique alphanumeric identifier and
detailed description of any report, study,
working paper, grant, guidance, data
collection, or request for information that is
expected to be in progress during, or scheduled
to begin in, the upcoming fiscal year.
``(ii) For each item listed under clause
(i), a target date for any significant actions
related to such item, including the target
date--
``(I) for the release of a report,
study, or working paper;
``(II) for, and topics of, a
meeting of a working paper group and
each solicitation of applications for
grants; and
``(III) for the issuance of
guidance, data collections, or requests
for information.
``(iii) A list of all technical and
professional advisory committees that is
expected to be convened in the upcoming fiscal
year pursuant to section 152(h).
``(iv) The name and professional
affiliations of each individual who served
during the previous fiscal year as an academic
or professional fellow pursuant to section
152(i).
``(v) A detailed description of the
progress made by primary financial regulatory
agencies in adopting a unique alphanumeric
system to identify legally distinct entities
that engage in financial transactions (commonly
known as a `Legal Entity Identifier'),
including a list of regulations requiring the
use of such a system and actions taken to
ensure the adoption of such a system by primary
financial regulatory agencies.
``(2) Public reports.--
``(A) Consultation.--In preparing any public report
with respect to a specified entity, class of entities,
or financial product or service, the Director shall
consult with any Federal department or agency with
expertise in regulating the entity, class of entities,
or financial product or service.
``(B) Report requirements.--A public report
described in subparagraph (A) shall include--
``(i) an explanation of any changes made as
a result of a consultation under this
subparagraph and, with respect to any changes
suggested in such consultation that were not
made, the reasons that the Director did not
incorporate such changes; and
``(ii) information on the date, time, and
nature of such consultation.
``(C) Notice and comment.--Before issuing any
public report described in subparagraph (A), the
Director shall provide a period of 90 days for public
notice and comment on the report.
``(3) Cybersecurity plan.--
``(A) In general.--The Office shall develop and
implement a cybersecurity plan that uses appropriate
safeguards that are adequate to protect the integrity
and confidentiality of the data in the possession of
the Office.
``(B) GAO review.--The Comptroller General of the
United States shall annually audit the cybersecurity
plan and its implementation described in subparagraph
(A).''. | . Office of Financial Research Accountability Act of 2015 (Sec. 2) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to require the Office of Financial Research within the Department of the Treasury to publish annually a detailed work plan of the Office priorities for the upcoming fiscal year, including a detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system ("Legal Entity Identifier") to identify legally distinct entities that engage in financial transactions, as well as a list of regulations requiring the use of such a system and actions taken to ensure its adoption by those agencies. The bill requires the Office to develop and implement a cybersecurity plan using adequate safeguards to protect the integrity and confidentiality of the data in Office possession. | {"src": "billsum_train", "title": "Office of Financial Research Accountability Act of 2015"} | 822 | 177 | 0.596821 | 1.828197 | 0.749328 | 3.871622 | 5.141892 | 0.898649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emerging Business Encouragement Act
of 2014''.
SEC. 2. EMERGING BUSINESS ENTERPRISES.
(a) Designation.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following:
``(dd) Emerging Business Enterprises.--
``(1) In general.--Not later than the date that is 1 year
after the date of enactment of this paragraph, for each
industry category for which the Administrator established a
size standard under this subsection, the Administrator shall by
rule establish procedures for designating a small business
concern in that industry category as an emerging business
enterprise. Such procedures shall include the criteria under
paragraph (2), and a process for appealing decisions of the
Administrator on designations. Such a designation shall expire
on the date that the small business concern is no longer in
compliance with such criteria, except that--
``(A) in the case of an emerging business
enterprise that receives a designation as such but
which existed as a business entity prior to such
designation, the designation shall not expire by reason
of the emerging business enterprise being more than 5
years old; instead, the designation shall expire on the
date that is 5 years after the date of the designation;
and
``(B) if the emerging business enterprise exceeds
the size limitation described in the criterion under
paragraph (2)(A) following designation as an emerging
business enterprise, the designation shall expire only
if the size is 50 percent or more of the maximum size
of a small business concern within that industry
category.
The rulemaking under this paragraph shall include a procedure
for self certification as an emerging business enterprise, for
annual submission of documentation establishing eligibility for
designation as an emerging business enterprise, and for
periodic audits of emerging business enterprises based on such
documentation.
``(2) Criteria for designation.--The Administrator shall
establish criteria for designation of an emerging business
enterprise, which shall include the following:
``(A) Number of employees.--That the small business
concern employs, in the Administrator's determination a
number of employees that is less than the larger of--
``(i) not more than 10 percent of the
number of employees that a small business
concern within that industry category may
employ, if that small business concern is so
classified by reason of a size standard under
section 3(a) pertaining to the number of
employees of the concern; or
``(ii) 25 employees.
``(B) Age of business.--That the small business
concern is, in the Administrator's determination, not
more than 5 years old.
``(C) Salary requirements.--That the small business
concern does not, in the Administrator's determination,
pay to an individual who owns any part of the concern
or who is in a management position a salary greater
than 200 percent of the mean annual salary for Managers
of Companies and Enterprises or the equivalent from the
most recent Employment and Wage Estimates developed by
the Secretary of Labor.
``(3) Public notification.--The Administrator shall take
appropriate action to publicize the establishment of the
procedures for designations under this paragraph, including by
conducting outreach to eligible small business concerns.
``(4) Contractor training.--The Administrator shall provide
for training regarding Federal procurement on an Internet Web
site of the Administrator, which shall be available to the
public at no charge.''.
(b) Contracting Preference.--Section 15(g)(2) of the Small Business
Act (15 U.S.C. (g)(2)) is amended by adding at the end the following:
``(G) Emerging business enterprises.--
``(i) In general.--The head of each Federal
agency shall, after consultation with the
Administrator, establish goals for
participation by emerging business enterprises
designated under section 3(a)(6) in not less
than 5 percent of all contracts, including
prime contracts and subcontracts, for each
fiscal year. The head of the agency may give
preference in making contract awards to such
emerging business enterprises and shall make
consistent efforts to annually expand
participation by emerging business enterprises
from each industry category in procurement
contracts of the agency.
``(ii) Reports.--
``(I) Reports from agencies.--At
the conclusion of each fiscal year, the
head of each Federal agency shall
report to the Administrator on the
extent of participation by emerging
business enterprises in procurement
contracts of such agency. Such reports
shall contain appropriate
justifications for failure to meet the
goals established under this
subparagraph.
``(II) Reports to congress.--The
Administrator shall annually compile
and analyze the reports submitted by
the individual agencies pursuant to
subclause (I) and shall submit to the
President and the Committee on Small
Business and Entrepreneurship of the
Senate and the Committee on Small
Business of the House of
Representatives the compilation and
analysis, which shall include the
following:
``(aa) The goals in effect
for each agency and the
agency's performance in
attaining such goals.
``(bb) An analysis of any
failure to achieve individual
agency goals and the actions
planned by such agency (and
approved by the Administrator)
to achieve the goals in the
succeeding fiscal year.
``(cc) The total number and
dollar value of prime contracts
and subcontracts awarded to
emerging business enterprises.
``(III) Annual presidential report
on the state of small business.--The
President shall include the information
required by subclause (II) in each
annual report to the Congress on the
state of small business prepared
pursuant to section 303(a) of the Small
Business Economic Policy Act of 1980
(15 U.S.C. 631b(a)).''.
(c) Amendments to SBA Express.--Section 7(a)(31) of the Small
Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the
following:
``(G) Emerging business enterprises.--
``(i) In general.--The Administrator may
make a loan under the Express Loan Program to
an emerging business enterprise designated
under section 3(dd), except that such loans
shall be made in accordance with the terms of
this subparagraph.
``(ii) Guaranty rate.--The guaranty rate of
such a loan shall be in accordance with the
following:
``(I) Except as otherwise provided
in this clause, 65 percent.
``(II) Except as provided in
subclause (III), if, in a report
submitted under clause (iii), the total
number of loans made and the total
amount loaned by a lender is greater by
10 percent than the prior fiscal year,
75 percent.
``(III) If, in a report submitted
under clause (iii), the total rate of
default on loans issued under
subclauses (I) and (II) is greater by
10 percent than the prior year, 50
percent in the succeeding fiscal year.
``(iii) Reports.--On the date that is 1
year after the end of the first fiscal year for
which a loan is first guaranteed under this
subparagraph, and annually thereafter, each
lender making a loan guaranteed under this
section shall report to the Administrator the
total number of loans made during the preceding
fiscal year, the total amount loaned, and the
default rate for all guaranteed loans.
``(iv) Verification.--A lender making a
loan guaranteed under this section shall verify
the status of a business concern as an emerging
business enterprise before issuing a loan.
``(v) Sanction.--If a business concern has
received a loan under this subparagraph and
that business concern has fraudulently
misrepresented its status as an emerging
business enterprise, that business concern
shall repay the amount of the loan to the
lender (from which amount the lender shall
repay the amount of any guarantee paid on the
loan), and shall in addition pay a fine in an
amount determined by the Administrator.''.
SEC. 3. RULEMAKINGS.
(a) Self-Certification.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall by rule establish a
process for initial self-certification of emerging business enterprises
for purposes of participation in Federal contracts, and eligibility for
Express Loans under section 7(a)(31)(G) of the Small Business Act. | Emerging Business Encouragement Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), for each industry category for which the Administrator established a size standard, to establish procedures, by rule, for designating a small business in that industry category as an emerging business enterprise (EBE). Requires the procedures to include specified criteria and a process for appealing the Administrator's decisions on designations. Requires the designation to expire when the small business is no longer in compliance with the criteria, except that: in the case of an EBE which existed as a business entity before its EBE designation, the designation shall not expire until five years after it was made; and if the EBE exceeds the required size limitation its designation shall expire only if the size is 50% or more of the maximum size of a small business within that industry category. Directs the Administrator to establish criteria for designation of an EBE, including: a maximum number of employees determined according to a certain formula, an age of not more than five years, and a specified salary limitation for any individual who owns any part of the small business or who is in a management position. Requires the head of each federal agency to establish goals for participation by the designated EBEs in at least 5% of all contracts, including prime contracts and subcontracts, for each fiscal year. Authorizes the Administrator to make a loan to a designated EBE under the SBA Express Loan Program, but only in accordance with specified terms. Requires the Administrator, by rule, to establish a process for initial self-certification of EBEs for purposes of participation in federal contracts and eligibility for the Express Loans. | {"src": "billsum_train", "title": "Emerging Business Encouragement Act of 2014"} | 1,851 | 379 | 0.665299 | 2.002332 | 0.820082 | 3.283077 | 5.292308 | 0.889231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yellowstone and Grand Teton Paddling
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Hand-propelled vessel.--The term ``hand-propelled
vessel'' means a vessel designed for river travel that is
propelled by one or more people using paddles or oars, such as
canoes, inflatable kayaks, kayaks, packrafts, and rafts.
(2) Paddling.--The term ``paddling'' means the use of hand-
propelled vessels for descending, crossing, or otherwise
floating upon rivers and streams.
SEC. 3. PROMULGATION OF REGULATIONS.
(a) In General.--Not later than 3 years after the date on which
funds are first made available for this section, the Secretary of the
Interior shall promulgate regulations to allow the use of hand-
propelled vessels on waters within Yellowstone National Park in the
States of Idaho, Montana, and Wyoming, and Grand Teton National Park
and the John D. Rockefeller, Jr. Memorial Parkway in the State of
Wyoming. Waters where such use shall be allowed under the regulations
shall include, at a minimum, the segments listed in subsection (b).
(b) Applicable Waters.--The waters referred to in subsection (a)
are the following:
(1) Beaverdam creek.--The approximately 5.6-mile segment of
Beaverdam Creek from 8085' to Yellowstone Lake.
(2) Bechler river.--The approximately 17.4-mile segment of
Bechler River from Three River Junction to the confluence with
Falls River.
(3) Boundary creek.--The approximately 15.3-mile segment of
Boundary Creek from 7455' to the confluence with Bechler River.
(4) Cache creek.--The approximately 12.2-mile segment from
7737' to the confluence with Lamar River.
(5) Coulter creek.--The approximately .9-mile segment from
the Yellowstone National Park south boundary to the confluence
with the Snake River.
(6) Falls river.--The approximately 20.4-mile segment from
7316' to the Yellowstone National Park south boundary.
(7) Fan creek.--The approximately 7.7-mile segment from Fan
Creek upper forks (7526') to the confluence with the Gallatin
River.
(8) Ferris fork.--The approximately 1-mile segment from
7455' to Three River Junction.
(9) Firehole river.--The approximately 4.5-mile segment of
campsite OA3 to Kepler Cascades.
(10) Gallatin river.--The approximately 22.3-mile segment
from 7650' to the Yellowstone National Park northwest boundary.
(11) Gardner river.--The approximately 23.6-mile segment
from Fawn Creek to the confluence with Yellowstone River.
(12) Grayling creek.--The approximately 7.4-mile segment
from Grayling Creek canyon mouth (7088') to the Yellowstone
National Park west boundary.
(13) Gregg fork.--The approximately 1.7-mile segment from
7795' to Three River Junction.
(14) Heart river.--The approximately 4.8-mile segment from
Heart Lake to the confluence with Snake River.
(15) Hellroaring creek.--The approximately 6.4-mile segment
from the Yellowstone National Park north boundary to the
confluence with the Yellowstone River.
(16) Howell creek.--The approximately 5.4-mile segment from
Howell Creek upper forks to the confluence with Mountain Creek.
(17) Indian creek.--The approximately 7.7-mile segment from
8030' meadow to the confluence with Gardner River.
(18) Lamar river.--The approximately 27.3-mile segment from
8167' to Specimen Ridge trail.
(19) Lamar river.--The approximately 7.5-mile segment from
the top of Lamar Canyon (6478') to the confluence with
Yellowstone River.
(20) Lewis river.--The approximately 8.5-mile segment from
the top of Lewis Canyon (7730') to the confluence with Snake
River.
(21) Little lamar river.--The approximately 3.7-mile
segment from 8200' to the confluence with the Lamar River.
(22) Middle creek.--The approximately 4-mile segment from
7265' to the Yellowstone National Park east boundary.
(23) Miller creek.--The approximately 10-mile segment from
7655' to the confluence with Lamar River.
(24) Mountain ash creek.--The approximately 5.7-mile
segment from 6555' to the confluence with Falls River.
(25) Mountain creek.--The approximately 7.9-mile segment
from the Yellowstone National Park east boundary to the
confluence with Yellowstone River.
(26) Nez perce creek.--The approximately 8.2-mile segment
from 7310' to Grand Loop Road.
(27) Pebble creek.--The approximately 10.3-mile segment
from 7954' trail crossing to the confluence with Soda Butte
Creek.
(28) Polecat creek.--The approximately 2-mile segment from
7050' to the Yellowstone National Park south boundary.
(29) Robinson creek.--The approximately 4.4-mile segment
from 6555' to the Yellowstone National Park southwest boundary.
(30) Slough creek.--The approximately 13.4-mile segment
from the Yellowstone National Park north boundary to Slough
Creek trail head/campground.
(31) Snake river.--The approximately 31.8-mile segment from
the Yellowstone National Park southeast boundary (8059') to the
Yellowstone National Park south boundary (6867').
(32) Soda butte creek.--The approximately 10.3-mile segment
from the Yellowstone National Park northeast boundary to the
confluence with Amphitheater Creek.
(33) Specimen creek.--The approximately 2.6-mile segment
from 7170' to the confluence with the Gallatin River.
(34) Thorofare creek.--The approximately 4.4-mile segment
from the Yellowstone National Park southeast boundary to the
confluence with Yellowstone River.
(35) Trail creek.--The approximately 3-mile segment from
Trail Lake to Yellowstone Lake.
(36) Yellowstone river.--The approximately 36-mile segment,
including Grand and Black canyons, from Sevenmile Hole to the
Yellowstone National Park north boundary.
(37) Yellowstone river.--The approximately 26.7-mile
segment from Yellowstone National Park southeast boundary to
Yellowstone Lake.
(38) Arizona creek.--The approximately 4.8-mile segment
from the Grand Teton National Park east boundary to Jackson
Lake.
(39) Berry creek.--The approximately 9.9-mile segment from
7560' to Jackson Lake.
(40) Buffalo fork river.--The approximately 8.7-mile
segment from the Grand Teton National Park east boundary to the
confluence with Snake River.
(41) Cottonwood creek.--The approximately 7.3-mile segment
from Jenny Lake to the confluence with Snake River.
(42) Ditch creek.--The approximately 7.3-mile segment from
the Grand Teton National Park east boundary to the confluence
with Snake River.
(43) Gros ventre river.--The approximately 12.7-mile
segment from the Grand Teton National Park southeast boundary
to the Grand Teton National Park south boundary.
(44) Lake creek.--The approximately 3.9-mile segment from
Phelps Lake to the Grand Teton National Park south boundary.
(45) Owl creek.--The approximately 2.2-mile segment from
7312' to the confluence with Berry Creek.
(46) Pacific creek.--The approximately 4.6-mile segment
from the Grand Teton National Park northeast boundary to the
confluence with Snake River.
(47) Pilgrim creek.--The approximately 6.8-mile segment
from Grand Teton National Park northeast boundary to Jackson
Lake.
(48) Pilgrim creek east fork.--The approximately .8-mile
segment from the Grand Teton National Park northeast boundary
to the confluence with Pilgrim Creek.
(49) Polecat creek.--The approximately 3.9-mile segment
from the Yellowstone National Park south boundary to the
confluence with Snake River.
(50) Spread creek.--The approximately 4.3-mile segment,
including both channels of Spread Creek, from the Grand Teton
National Park east boundary to the Snake River.
(c) Applicable Waters by Boundaries.--The boundaries of any river
proposed in subsection (b) shall generally comprise that area measured
within one-quarter mile from the ordinary high water mark on each side
of the listed rivers and streams. This subsection shall not be
construed to limit the scope of the regulation to address areas which
may lie more than one-quarter mile from the ordinary high water mark on
each side of the river.
(d) Applicable Laws.--The regulations required by subsection (a)
shall be promulgated in accordance with--
(1) laws, regulations, and policies generally applicable to
units of the National Park System; and
(2) sections 551 through 559 of title 5, United States Code
(commonly known as the ``Administrative Procedure Act'').
(e) Commercial Use.--
(1) No expansion of use.--The regulations issued under this
section shall not consider any expansion of commercial use of
hand-propelled vessels in the parks.
(2) Savings provisions.--Nothing in this Act shall be
construed as authorizing the commercial use of hand-propelled
vessels.
(f) Coordination of Recreational Use.--When promulgating
regulations under this section, the Secretary of the Interior shall
consult with the Director of the United States Fish and Wildlife
Service and the Director of the National Park Service to help ensure
that the regulations provide that recreational use of hand-propelled
vessels on the Gros Ventre River within the National Elk Refuge
adjacent to Grand Teton National Park is consistent with the
requirements of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.).
(g) Previous Regulations.--Upon issuance of the final regulations
required by subsection (a), the following regulations shall have no
force or effect:
(1) Section 7.13(d)(4)(ii) of title 36, Code of Federal
Regulations (regarding vessels on streams and rivers in
Yellowstone National Park).
(2) Section 7.22(e)(3) of title 36, Code of Federal
Regulations (regarding vessels on lakes and rivers in Grand
Teton National Park).
(h) Cost Recovery.--The Secretary is authorized to recover all
costs, in accordance with section 103104 of title 54, United States
Code, associated with monitoring the use of hand-propelled vessels,
including the cost of inspecting and decontaminating vessels to prevent
the introduction or spread of invasive or injurious species in
Yellowstone National Park, Grand Teton National Park, and the John D.
Rockefeller, Jr. Memorial Parkway. | Yellowstone and Grand Teton Paddling Act (Sec. 3) This bill directs the Department of the Interior to promulgate regulations to allow the use of hand-propelled vessels on certain rivers and streams within: (1) the Yellowstone National Park in Idaho, Montana, and Wyoming; and (2) the Grand Teton National Park and the John D. Rockefeller, Jr. Memorial Parkway in Wyoming. The regulations issued under this Act shall not consider any expansion of commercial use of hand-propelled vessels in the Parks. When promulgating such regulations, the Department of the Interior shall consult with the U.S. Fish and Wildlife Service and the National Park Service to help ensure that the regulations make recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge in Wyoming adjacent to Grand Teton National Park consistent with the requirements of the National Refuge System Administration Act of 1966. Upon the issuance of final regulations, existing regulations prohibiting hand-propelled vessels on streams and rivers in Yellowstone National Park and Grand Teton National Park shall no longer have any force or effect. Interior is authorized to recover all costs associated with monitoring the use of hand-propelled vessels, including the cost of inspecting and decontaminating vessels to prevent the introduction or spread of invasive or injurious species in such National Parks and the Memorial Parkway. | {"src": "billsum_train", "title": "Yellowstone and Grand Teton Paddling Act"} | 2,436 | 295 | 0.624288 | 1.945805 | 0.763901 | 5.063492 | 8.015873 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Development Bank Act''.
SEC. 2. STATEMENT OF PURPOSES.
The purposes of this Act are as follows:
(1) To increase the amount of credit available for the
economic revitalization of distressed urban and rural
communities.
(2) To enable economically disadvantaged persons and small,
minority-owned, and women-owned businesses to have improved
access to the resources of our financial system, and to use
such resources as a foundation for economic growth, increased
employment and community development.
(3) To increase the supply of mortgage credit and other
financing necessary for the private sector to rehabilitate the
housing stock in inner cities and rural areas for low- and
moderate-income families.
(4) To provide capital for housing construction and
development, small businesses, and community development
projects.
(5) To provide technical and managerial assistance to small
businesses and other entrepreneurs located in economically
distressed areas.
(6) To encourage the establishment of privately capitalized
community development banks to serve the credit needs of
financially underserved residents of urban and rural areas of
our country.
TITLE I--COMMUNITY DEVELOPMENT BANKS
SEC. 101. ESTABLISHMENT OF A COMMUNITY DEVELOPMENT BANKERS' BANK.
(a) In General.--The Comptroller of the Currency is hereby
authorized to issue a certificate of authority to commence the business
of banking to a national banking association that is owned exclusively
(except to the extent directors' qualifying shares are required by law)
by one or more insured depository institutions and will be engaged
primarily in community development activities.
(b) Required Name.--A national banking association chartered
pursuant to subsection (a) shall be known as a ``community development
bank'', and shall use the term ``community development bank'' and the
name of the community in which it is located and will serve, in its
title.
(c) Regulation.--A community development bank chartered pursuant to
subsection (a) shall be subject to such rules and orders as the
Comptroller deems appropriate, and, except as otherwise specifically
provided in this title or in such rules and orders, shall be vested
with and subject to the same rights, duties and limitations that apply
to other national banking associations, including the right to accept
deposits.
(d) Board of Directors.--At least 25 percent of members of the
community development bank's board of directors shall be individuals
residing in and representing the interests of the community that the
bank will serve.
SEC. 102. AUTHORITY TO INVEST IN A COMMUNITY DEVELOPMENT BANK.
An insured depository institution may invest in the shares of one
or more community development banks. Such investment may not exceed, in
the aggregate, an amount in excess of 5 percent of the depository
institution's tier one or core capital or, in the case of a particular
institution, such lesser amount as the appropriate Federal banking
agency determines to be necessary in order to protect the safety and
soundness of the institution.
SEC. 103. EXPEDITED PROCEDURES.
Within six months after the date of enactment of this Act, the
Comptroller of the Currency shall develop and publish in the Federal
Register expedited procedures for the consideration of applications for
a certificate to commence the business of banking for a community
development bank. The Federal Deposit Insurance Corporation shall
develop expedited procedures for consideration of an application by a
community development bank for deposit insurance. Final decisions shall
be made by the Comptroller and the Federal Deposit Insurance
Corporation within nine months after the receipt of completed
applications.
SEC. 104. COMMUNITY DEVELOPMENT BANK ACTIVITIES.
(a) Primary Purpose.--A community development bank may only make
loans and other investments designed to provide a reasonable economic
return to the bank and its shareholders, consistent with its primary
purpose of providing credit, capital, and related services to targeted
persons and targeted geographic areas within its community.
(b) Loan and Investment Activities.--In order to accomplish the
purposes of this Act, a community development bank may engage in
activities consistent with this Act, including the making or providing
of the following:
(1) Residential mortgage loans.
(2) Residential construction loans.
(3) Small business commercial loans.
(4) Home improvement and rehabilitation loans.
(5) Neighborhood commercial revitalization loans.
(6) Small farm loans.
(7) Industrial development loans.
(8) Equity investments in low- and moderate-in-come real
estate development and rehabilitation projects.
(9) Equity investments in community development
corporations and projects.
(10) Equity investments in small business development
corporations.
(11) Marketing and management assistance.
(12) Business planning and counseling services.
(13) Financial and technical services.
(14) Vocational training.
(15) Deposit funds in credit unions serving predominately
low-income members as defined by the National Credit Union
Administration Board.
(c) Coordination.--A community development bank shall coordinate
its activities with activities and programs of the Department of
Housing and Urban Development, the Department of Veterans Affairs, the
Department of Commerce, the Small Business Administration, and other
agencies with respect to the development and financing of community
development organizations and projects and small businesses.
(d) Competition With Existing Institutions.--A community
development bank shall target its activities to customers do adequately
served by existing depository institutions.
SEC. 105. OTHER COMMUNITY DEVELOPMENT BANKS.
Any insured depository institution may apply to the appropriate
Federal banking agency to be certified as a ``community development
bank''. The agency shall issue such certification if it finds that such
bank is primarily engaged in community development activities, and
otherwise complies with the provisions of this Act, other than
subsections (a), (b) and (c) of section 101, and that such
certification will further the purposes of this title.
SEC. 106. COMMUNITY REINVESTMENT ACT EVALUATION.
(a) Examination.--The appropriate Federal banking agency shall
conduct an annual onsite examination and evaluation of every community
development bank in order to determine compliance with this Act and to
assess the bank's record of meeting the credit needs of its community,
as described in section 804 of the Community Reinvestment Act of 1977.
(b) Hearing Required.--Prior to issuing a final Community
Reinvestment Act evaluation and rating, the appropriate Federal banking
agency shall--
(1) publish in two or more newspapers of general
circulation a statement that an informal hearing on the bank's
success in meeting the credit needs of its community is to be
held; and
(2) directly notify known representatives of consumer and
community groups located within the bank's community that an
informal hearing is to be held.
(c) Notice.--The publication and notice required under subsection
(b) shall state the date and place for the hearing, which must be at
least thirty days following the date of the publication or mailing of
the notice, and shall invite interested persons and organizations to
provide oral and written testimony concerning the performance of the
community development bank.
(d) Consideration of Testimony.--The appropriate Federal banking
agency shall consider and take into account the testimony and
statements provided by community representatives in evaluating the
performance of a community development bank under this section.
(e) Final Evaluation.--Following the hearing, the appropriate
Federal banking agency shall provide a final Community Reinvestment Act
of 1977 evaluation and rating, including a written explanation for any
findings and conclusions.
(f) Re-evaluation.--A community development bank that receives a
final rating that is less than a satisfactory rating shall be
reevaluated within ninety days by the appropriate Federal banking
agency in order to determine whether it has made the necessary changes
in policies or practices to warrant a satisfactory rating.
SEC. 107. COMMUNITY REINVESTMENT ACT COMPLIANCE.
(a) Effect of Rating.--For purposes of the Community Reinvestment
Act of 1977, the evaluation and rating of a community development bank
shall be deemed to be the evaluation and rating of each insured
depository institution that has made a qualifying investment in such
community development bank. Any insured depository institution
receiving a satisfactory or outstanding rating pursuant to this section
shall be deemed to have met the credit needs of its community.
(b) Coordination With Other Law.--An insured depository institution
that maintains a qualifying investment in a community development bank
shall not be subject to an evaluation conducted pursuant to section 804
of the Community Reinvestment Act of 1977.
(c) Effect of Non-qualifying Investment.--An insured depository
institution that makes an investment that is not a qualifying
investment shall have that investment considered by the appropriate
Federal banking agency when that institution is evaluated under
sections 804 and 807 of the Community Reinvestment Act of 1977.
SEC. 108. BANK HOLDING COMPANY ACT.
No person shall be considered a bank holding company, or subject to
the Bank Holding Company Act of 1956, due to an investment in a
community development bank authorized under this title.
SEC. 109. DEFINITIONS.
For purposes of this title--
(1) the term ``community development bank'' means--
(A) a bank established pursuant to section 101, or
(B) certified as a community development bank
pursuant to section 105,
that is primarily engaged in the business of providing credit
and investment capital and related services to targeted
populations and targeted geographic areas;
(2) the term ``targeted population'' means minority-owned
and women-owned businesses, non-profit organizations, community
groups, and economically disadvantaged persons;
(3) the term ``targeted geographic area'' means a
neighborhood or other geographic area that is suffering
economic distress, as measured by unemployment, poverty,
condition of housing stock, availability of credit, or other
indicator of relative economic condition;
(4) the term a community development bank's ``community''
means one or more contiguous geographic areas that represent
the combined market or service areas of the financial
institutions that have made qualifying investments in such
bank;
(5) the term ``insured depository institution'' shall have
the meaning given such term in section 3 of the Federal Deposit
Insurance Act;
(6) the term ``appropriate Federal banking agency'' shall
have the meaning given such term in section 3 of the Federal
Deposit Insurance Act; and
(7) the term ``qualifying investment'' means an investment
in the equity shares of a community development bank in an
amount that is equal to the maximum permissible amount for that
investing institution, as prescribed in section 102.
SEC. 110. SAFETY AND SOUNDNESS.
Nothing in this title shall be deemed to interfere with the
authority of the appropriate Federal banking agency or the Federal
Deposit Insurance Corporation to limit the permissible activities or
investments of an insured depository institution or depository
institution holding company, by order or regulation, in order to
protect the safety or soundness of such institution or holding company.
SEC. 111. DISCRIMINATION AND FAIR HOUSING.
(a) In General.--Nothing in this title shall be deemed to interfere
with the authority of the appropriate Federal banking agencies to
examine institutions for compliance with or to enforce the Equal Credit
Opportunity Act, the Fair Housing Act, or the Home Mortgage Disclosure
Act.
(b) Applicability of Section 107.--Section 107 shall not apply to
any institution found, in a civil or criminal judicial proceeding or
final agency adjudication, to have violated any law described in
subsection (a).
TITLE II--CONFORMING AMENDMENTS
SEC. 201. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT UNIONS.
(a) Repeal.--Section 120(k) of the Federal Credit Union Act (12
U.S.C. 1766(k)) is repealed.
(b) Amendment.--The Federal Credit Union Act is amended by
inserting after section 129 (12 U.S.C. 1772c) the following new
section:
``SEC. 130. COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT
UNIONS.
``(a) In General.--The Board may exercise the authority granted it
by the Community Development Credit Union Revolving Loan Fund Transfer
Act (Public Law 99-609) including any additional appropriation made or
earnings accrued, subject only to this section and to regulations
prescribed by the Board.
``(b) Investment.--The Board may invest any idle Fund moneys in
United States Treasury securities. Any interest accrued on such
securities shall become a part of the Fund.
``(c) Loans.--The Board may require that any loans made from the
Fund be matched by increased shares in the borrower credit union.
``(d) Interest.--Interest earned by the Fund may be allocated by
the Board for technical assistance to community development credit
unions.
``(e) Definition.--As used in this section, the term `Fund' means
the Community Development Credit Union Revolving Loan Fund.''.
SEC. 202. STUDY OF COMMUNITY DEVELOPMENT CREDIT UNION.
(a) In General.--The National Credit Union Administration Board in
consultation with representatives of the credit union industry shall
conduct a study of community development credit activities by credit
unions. In conducting the study, the Board shall consider--
(1) the role of these institutions in providing credit and
related financial services to inner city and rural areas,
(2) the failure rate of these institutions in the past,
(3) the desirability of establishing a special examination
force for community development credit unions, and mentor
programs,
(4) the desirability of establishing a clearinghouse for
the recirculation of startup equipment and furniture for
community development credit unions, and
(5) appropriate startup and permanent financing programs
for such credit unions.
(b) Report.--Not later than October 1, 1993, the Board shall issue
a report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives on the study and the regulatory and
legislative changes that may be necessary to ensure that community
development activity by credit unions become and remain viable and
productive. | TABLE OF CONTENTS:
Title I: Community Development Banks
Title II: Conforming Amendments
Community Development Bank Act -
Title I: Community Development Banks
- Authorizes the Comptroller of the Currency to charter certain national banking associations (community development banks) that will: (1) engage primarily in community development activities; (2) be capitalized by insured depository institutions as its shareholders; and (3) provide credit, capital, and related services to revitalize distressed urban and rural communities.
Restricts such a bank's loans and investments to provide a reasonable economic return to the bank and its shareholders consistent with its primary community development purpose. Mandates: (1) such bank's coordination with certain Federal agencies regarding its community development activities; and (2) an annual onsite examination to evaluate its compliance with this Act and its record of meeting community credit needs.
Title II: Conforming Amendments
- Amends the Federal Credit Union Act to: (1) authorize the National Credit Union Administration Board (the Board) to provide technical assistance to community development credit unions by using the interest earned from authorized investments in Treasury securities; and (2) direct the Board to study and report to certain congressional committees on regulatory and legislative changes that may be necessary to ensure the viability and productivity of community development activities by credit unions. | {"src": "billsum_train", "title": "Community Development Bank Act"} | 3,140 | 271 | 0.655357 | 2.091608 | 0.981033 | 2.714829 | 10.859316 | 0.889734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Capacity Building Act of
2009''.
SEC. 2. NONPROFIT CAPACITY BUILDING PROGRAM.
Title III of the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE III--VOLUNTEER AND CHARITABLE ACTIVITIES
``Subtitle A--Points of Light Foundation'';
and
(2) by adding at the end the following:
``Subtitle B--Nonprofit Capacity Building Program
``SEC. 311. PROGRAM.
``(a) Definitions.--In this section:
``(1) Intermediary nonprofit grantee.--The term
`intermediary nonprofit grantee' means an intermediary
nonprofit organization that receives a grant under subsection
(b).
``(2) Intermediary nonprofit organization.--The term
`intermediary nonprofit organization' means an experienced and
capable nonprofit training and technical assistance entity with
meaningful prior experience in providing organizational
development assistance, or capacity building assistance,
focused on small and midsize nonprofit organizations.
``(3) Nonprofit.--The term `nonprofit', used with respect
to an entity or organization, means an entity or organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such
Code.
``(4) State.--The term `State' means each of the several
States, and the District of Columbia.
``(b) Grants.--The Corporation shall establish a Nonprofit Capacity
Building Program to make grants to intermediary nonprofit organizations
to serve as intermediary nonprofit grantees. The Corporation shall make
the grants to enable the intermediary nonprofit grantees to pay for the
Federal share of the cost of delivering organizational development
assistance for small and midsize nonprofit organizations, especially
those nonprofit organizations facing resource hardship challenges. Each
of the grantees shall match the grant funds by providing a non-Federal
share as described in subsection (f).
``(c) Periods and Amount.--The Corporation shall make such a grant
for a period of 3 years, unless the Corporation, in the Corporation's
discretion, provides for a different period, for an initial or renewed
grant. To the extent practicable, the Corporation shall make such a
grant to an intermediary nonprofit organization in each State, and
shall make such grant in an amount of not less than $200,000.
``(d) Application.--To be eligible to receive a grant under this
section, an intermediary nonprofit organization shall submit an
application to the Corporation at such time, in such manner, and
containing such information as the Corporation may require. The
intermediary nonprofit organization shall submit in the application
information demonstrating that the organization has secured sufficient
resources to meet the requirements of subsection (f).
``(e) Preference and Considerations.--
``(1) Preference.--In making such grants, the Corporation
shall give preference to intermediary nonprofit organizations
seeking to become intermediary nonprofit grantees in areas
where nonprofit organizations face significant resource
hardship challenges.
``(2) Considerations.--In determining whether to make a
grant the Corporation shall consider--
``(A) the number of small and midsize nonprofit
organizations that will be served by the grant;
``(B) the degree to which the activities proposed
to be provided through the grant will assist a wide
number of nonprofit organizations within a State,
relative to the proposed amount of the grant; and
``(C) the quality of the organizational development
assistance to be delivered by the intermediary
nonprofit grantee, including the qualifications of its
administrators and representatives, and its record in
providing services to small and midsize nonprofit
organizations.
``(f) Federal Share.--
``(1) In general.--The Federal share of the cost as
referenced in subsection (b) shall be 50 percent.
``(2) Non-federal share.--
``(A) In general.--The non-Federal share of the
cost as referenced in subsection (b) shall be 50
percent and shall be provided in cash.
``(B) Third party contributions.--
``(i) In general.--Except as provided in
clause (ii), an intermediary nonprofit grantee
shall provide the non-Federal share of the cost
through contributions from third parties. The
third parties may include charitable
grantmaking entities and grantmaking vehicles
within existing organizations, entities of
corporate philanthropy, corporations,
individual donors, and regional, State, or
local government agencies, or other non-Federal
sources.
``(ii) Exception.--If the intermediary
nonprofit grantee is a private foundation (as
defined in section 509(a) of the Internal
Revenue Code of 1986), a donor advised fund (as
defined in section 4966(d)(2) of such Code), an
organization which is described in section
4966(d)(4)(A)(i) of such Code, or an
organization which is described in section
4966(d)(4)(B) of such Code, the grantee shall
provide the non-Federal share from within that
grantee's own funds.
``(iii) Maintenance of effort, prior year
third-party funding levels.--For purposes of
maintaining private sector support levels for
the activities specified by this program, a
non-Federal share that includes donations by
third parties shall be composed in a way that
does not decrease prior levels of funding from
the same third parties granted to the nonprofit
intermediary grantee in the preceding year.''.
SEC. 3. CONFORMING AMENDMENT.
Section 501(b) of the National and Community Service Act of 1990
(42 U.S.C. 12681(b)) is amended--
(1) by striking ``There are'' and inserting the following:
``(1) Points of light foundation.--There are'';
(2) by striking ``title III'' and inserting ``subtitle A of
title III''; and
(3) by adding at the end the following:
``(2) Nonprofit capacity building program.--There are
authorized to be appropriated to carry out subtitle B of title
III $25,000,000 for fiscal year 2010 and such sums as may be
necessary for each of the 2 succeeding fiscal years.''. | Nonprofit Capacity Building Act of 2009 - Amends the National and Community Service Act of 1990 to establish a Nonprofit Capacity Building program requiring the Corporation for National and Community Service to award matching grants to intermediary nonprofit organizations for the delivery of organizational development assistance to small and midsize nonprofit organizations, especially those facing resource hardship challenges.
Directs the Corporation, to the extent practicable, to award such a grant to an intermediary nonprofit organization in each state.
Requires grantees to raise their share of the costs of providing such assistance through contributions from third parties, except where the grantee is a private foundation or specified charity. | {"src": "billsum_train", "title": "A bill to amend the National and Community Service Act of 1990 to establish a Nonprofit Capacity Building Program."} | 1,442 | 141 | 0.6749 | 1.774533 | 0.641893 | 3.681034 | 10.87931 | 0.887931 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Guam was captured by Japan on December 10, 1941, three
days after the attack on Pearl Harbor and remained in the hands
of the Japanese until June 1944. Those prisoners who remained
on Guam suffered atrocities at the hands of the Japanese or
were transported on ``Hell Ships'' to Japanese POW camps.
(2) In January 1942 the Japanese took approximately 1,600
prisoners on Wake Island. Approximately 450 military and 1,150
civilians were then transported to POW camps in China and
Japan.
(3) On April 9, 1942, Major General Edward King surrendered
the soldiers from the United States and the Philippines into
enemy hands.
(4) Over the next week, the soldiers from the United States
and the Philippines were taken prisoner and forced to march 65
miles without any food, water, or medical care in what came to
be known as the Bataan Death March.
(5) On May 6, 1942, Corregidor fell after a weeklong siege
and its defenders were surrendered.
(6) On May 10, 1942, American forces under the command of
Major General William F. Sharp surrendered after fighting the
Japanese from April 29, 1942, to May 9, 1942, on the island of
Mindanao in the southernmost portion of the Philippine
Archipelago. It was on this date, May 10, 1942, that General
Wainwright, as Supreme Allied Commander, surrendered all Allied
Forces in the Philippine Archipelago.
(7) During this forced march, thousands of soldiers died,
either from starvation, lack of medical care, sheer exhaustion,
or abuse by their captors.
(8) Within the first 40 days at Camp O'Donnell, 1,600 more
prisoners from the United States died.
(9) The conditions at the camp were substandard, leading to
increased disease and malnutrition among the prisoners.
(10) In May 1942 the Japanese began transferring POWs by
sea. Prisoners were crammed into cargo holds with little air,
food or water for journeys that would last for weeks on what
were to be known as the ``Hell Ships''. Many died due to
asphyxia, starvation, or dysentery. Some prisoners became
delirious and unresponsive in an environment of heat, humidity
and lack of oxygen, food, and water. More than 3,300 prisoners
died at sea while being transported by these ships.
(11) On June 6, 1942, the prisoners from the United States
were transferred to Cabanatuan, north of Camp O'Donnell.
(12) The campus of the University of Santo Tomas was
converted to the Santo Tomas Internment Camp by the Japanese
during their occupation of the Philippines. Santo Tomas became
the initial internment camp for both the army and navy nurses,
with the army and navy nurses remaining there until their
liberation.
(13) The prisoners who remained in the camps suffered from
continued mistreatment, malnutrition, lack of medical care, and
horrific conditions.
(14) The prisoners who remained in these camps were
liberated in 1945.
(15) Over the subsequent decades, these prisoners formed
support groups, were honored in local and State memorials, and
told their story to all people of the United States.
(16) The people of the United States are forever indebted
to these men and women for--
(A) the courage they demonstrated during the first
4 months of World War II in fighting against enemy
soldiers; and
(B) the perseverance they demonstrated during years
of capture, imprisonment, and atrocious conditions,
while maintaining dignity, honor, patriotism, and
loyalty.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to American military personnel who fought
in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine
Archipelago between December 7, 1941, and May 10, 1942, and who died or
were imprisoned by the Japanese military in the Philippines, Japan,
Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until
September 2, 1945, in recognition of their personal sacrifice and
service to their country.
(b) Design and Striking.--For purposes of the award under
subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Transfer and Display of Medals.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be displayed as
appropriate and made available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
received under paragraph (1) available for display at other
locations, particularly such locations as are associated with
the American military prisoners described under subsection (a).
SEC. 3. DUPLICATE MEDALS.
(a) Striking of Duplicates.--Under such regulations as the
Secretary may prescribe, the Secretary may strike duplicates in bronze
of the gold medal struck under section 2.
(b) Selling of Duplicates.--The Secretary may sell such duplicates
under subsection (a) at a price sufficient to cover the costs of such
duplicates, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are National medals for purposes
of chapter 51 of title 31, United States Code. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award on behalf of the Congress of a single gold medal to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. Following its award the gold medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research. The bill expresses the sense of the Congress that the Smithsonian Institution should make the gold medal available for display at other locations, particularly locations associated with these American military prisoners. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal, collectively, to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country."} | 1,270 | 202 | 0.431289 | 1.329666 | 0.562161 | 8.925714 | 6.725714 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Outsourcing Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Universal Declaration of Human Rights states that
``No one shall be subjected to torture or to cruel, inhuman, or
degrading treatment or punishment.''.
(2) The United Nations Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (in this
Act referred to as the ``Convention against Torture'' ) defines
torture as ``any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person
information or a confession. . . .'', and which may be
``inflicted by or at the instigation of or acquiescence of a
public official or other person acting in an official
capacity.''.
(3) Article 4 of the Convention against Torture obligates
State parties to ensure that all acts of torture are criminal
offenses under domestic legislation, and current United States
law, under section 2340A of title 18, United States Code, makes
torture a crime when committed outside of the United States.
(4) Article 3 of the Convention against Torture expressly
prohibits sending a person to another State ``where there are
substantial grounds for believing that he would be in danger of
being subjected to torture.'' It further provides that in
making such determinations, governments must take into account
the existence of ``a consistent pattern of gross, flagrant, or
mass violations of human rights.''.
(5) In order to discourage the use of torture in
interrogation, Article 15 of the Convention against Torture
requires all state Parties to ``ensure that any statement which
is established to have been made as a result of torture shall
not be invoked as evidence in any proceedings''.
(6) The prohibition on torture and other ill treatment has
been incorporated into the numerous international and regional
human rights treaties, including--
(A) Article 7 of the International Covenant on
Civil and Political Rights (ICCPR), ratified by 154
countries, including the United States in 1992;
(B) the Convention against Torture, ratified by 139
countries, including the United States in 1994;
(C) the American Convention on Human Rights;
(D) the European Convention for the Protection of
Human Rights and Fundamental Freedoms; and
(E) the African Charter on Human and Peoples'
Rights.
(7) The prohibition against torture and inhumane treatment
is also fundamental to the laws governing the conduct of
parties in armed conflicts, as enshrined in the Geneva
Conventions of 1949 and their Protocols, which establish a duty
to protect the life, health, and safety of civilians and other
noncombatants, including soldiers who are captured or who have
laid down their arms, prohibit ``violence of life and person,
in particular murder of all kinds, mutilation, cruel treatment,
and torture'', ``outrages upon personal dignity, in particular
humiliating, and degrading treatment'', and prohibit the use of
force to obtain information, stipulating that ``No physical or
moral coercion shall be exercised against protected persons, in
particular to obtain information from them or from third
parties.''.
(8) The United States Government informed the United
Nations in 1999 that in the United States, the use of torture
``is categorically denounced as a matter of policy and as a
tool of state authority . . . No official of the government,
Federal, State, or local, civilian, or military, is authorized
to commit or to instruct anyone else to commit torture. Nor may
any official condone or tolerate torture in any form . . .
Every act of torture within the meaning of the [Convention
against Torture] is illegal under existing Federal and State
law, and any individual who commits such an act is subject to
penal sanctions as specified in criminal statutes.''.
(9) In the United States, the practice of torture violates
numerous provisions of the United States Constitution and its
Bill of Rights, including the right under the Fourth Amendment
to be free of unreasonable search or seizure, which encompasses
the right not to be abused by the police, the right under the
Fifth Amendment against self-incrimination, which encompasses
the right to remain silent during interrogations, the
guarantees of due process under the Fifth and the Fourteenth
Amendments, which ensure fundamental fairness in criminal
justice system, and the right under the Eighth Amendment to be
free of cruel or unusual punishment.
(10) In numerous cases, the United States Supreme Court has
condemned the use of force amounting to torture or other forms
of ill treatment during interrogations, including such
practices as whipping, slapping, depriving a prisoner of food,
water, or sleep, keeping a prisoner naked or in a small cell
for prolonged periods, holding a gun to a prisoner's head, or
threatening a prisoner with mob violence.
(11) Section 2242(a) of the Foreign Affairs Reform and
Restructuring Act of 1998 (Public Law 105-277; 8 U.S.C. 1231
note) states that ``It shall be the policy of the United States
not to expel, extradite, or otherwise effect the involuntary
return of any person to a country in which there are
substantial grounds for believing the person would be in danger
of being subjected to torture, regardless of whether the person
is physically present in the United States.'' . To do otherwise
would violate our obligations under Article 3 of the Convention
against Torture.
(12) Transferring, rendering, removing, returning, or
extraditing persons in the custody of the United States to any
other country where torture or cruel, inhuman, or degrading
treatment is commonly used in the detention and interrogation
of individuals is inconsistent with international human rights
law, including various human rights treaties ratified by the
United States, the Constitutional protections against torture
or inhuman treatment, and the values and principles upon which
the United States was founded.
(13) Recent practices have weakened the safeguards under
applicable laws, such as the procedures under the immigration
laws of the United States governing removals from the United
States, and persons have been transferred from the custody of
the United States to that of other governments entirely outside
of any legal framework.
(14) It is critically important that all transfers of
individuals to other countries occur with full due process of
law and in conformity with the obligations of the United States
under article 3 of the Convention Against Torture.
(15) The reliance on diplomatic or other assurances from a
government that it will not torture or ill-treat a person
returned to that government is an ineffective safeguard for
protecting persons from torture or ill treatment. Such
assurances from a government known to engage in systematic
torture are inherently unreliable. There is strong evidence
that governments such as those of Egypt, Syria, and Uzbekistan
have violated such assurances they have provided.
(16) The United Nation's leading expert on torture, the
Special Rapporteur on Torture, recently examined the practice
of rendition in situations that implicate the prohibition on
returning persons to countries where they may face torture. The
Special Rapporteur noted with concern that such practices
appear to be on the rise over the past 3 years. After examining
the growing use of diplomatic or other assurances described in
paragraph (14), the Special Rapporteur stated that such
assurances may not be used in circumstances where a country has
a record of ``systematic practice of torture''. In such cases,
the individual's right not to be subjected to torture must be
respected, and the individual may not be returned to that
country.
SEC. 3. TRANSFER OF PERSONS.
(a) Reports to Congress.--Beginning 30 days after the date of the
enactment of this Act and every 12 months thereafter, the Secretary of
State shall complete and submit to the appropriate congressional
committees a list of countries where there are substantial grounds for
believing that torture or cruel, inhuman, or degrading treatment is
commonly used in the detention of or interrogation of individuals. The
list shall be compiled on the basis of the information contained in the
most recent annual report of the Secretary of State submitted to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate under section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)).
(b) Prohibition on Transferring Persons.--Any person who is
imprisoned, detained, or held for transfer to another country by, or is
otherwise in the custody of, a department, agency, or official of the
United States Government, or any contractor of any such department or
agency, may not be transferred, rendered, or returned--
(1) to a country included on the most recent list submitted
under subsection (a), for the purpose of detention,
interrogation, trial, or otherwise; or
(2) to any other country if there are substantial grounds
to believe that the person will be transferred to a country
included in the most recent list submitted under subsection
(a).
(c) Waivers.--
(1) Authority.--The Secretary of State may waive the
prohibition contained in subsection (b) with respect to the
government of a country if the Secretary certifies to the
appropriate congressional committees that--
(A) that government has ended the acts of torture
or cruel, inhuman, or degrading treatment that were the
basis for the inclusion of that country on the list;
and
(B) there is in place a mechanism that assures the
United States in a verifiable manner that a person
transferred, rendered, or returned will not be tortured
or subjected to cruel, inhuman, or degrading treatment
in that country, including, at a minimum, immediate,
unfettered, and continuing access, from the point of
return, to each such person by an independent
humanitarian organization.
(2) Assurances insufficient.--Written or verbal assurances
made to the United States by the government of a country that
persons transferred, rendered, or returned to the country will
not be tortured or subjected to cruel, inhuman, or degrading
treatment, are not sufficient to meet the requirements of
paragraph (1)(B).
(d) Treaty-Based Extradition Exemption.--(1) The prohibition
contained in subsection (b) shall not be construed to apply to the
legal extradition of a person under a bilateral or multilateral
extradition treaty if, prior to such extradition, that person has
recourse to a court in the United States of competent jurisdiction to
challenge the extradition on the basis that there are substantial
grounds for believing that the person would be in danger of being
subjected to torture or cruel, inhuman, or degrading treatment in the
country requesting such extradition.
(2) Assurances Insufficient.--Written or verbal assurances made to
the United States by the government of a country that persons
transferred, rendered, or returned to the country will not be tortured
or subjected to cruel, inhuman, or degrading treatment, are not
sufficient basis for believing that the person would not be in
subjected to torture or cruel, inhuman, or degrading treatment in the
country requesting such extradition pursuant to paragraph (1).
SEC. 4. IMPLEMENTATION OF OBLIGATION NOT TO RETURN TO RISK OF TORTURE.
(a) In General.--Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (8 U.S.C. 1231 note) is amended by striking
subsection (b) and inserting the following:
``(b) Regulations.--
``(1) Issuance.--Not later than 120 days after the date of
the enactment of the Torture Outsourcing Prevention Act, the
heads of the appropriate Government agencies shall prescribe
regulations to implement the obligations of the United States
under Article 3 of the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, subject to any reservations, understandings,
declarations and provisos contained in the United States Senate
resolution of ratification of the Convention.
``(2) Requirements of regulations.--Regulations issued by
the head of an agency under paragraph (1) shall set forth--
``(A) the responsibilities of the agency, its
employees, and its contractors to comply, both within
and outside of the United States, with the obligations
of the United States under Article 3 of the Convention
Against Torture referred to in paragraph (1); and
``(B) the process by which a person may raise and
adjudicate in an independent judicial forum a claim
that his or her transfer would be in violation of
Article 3 of the Convention Against Torture referred to
in paragraph (1), including the process by which the
individual being transferred can challenge any
diplomatic or other assurances received from the
government to which the individual would be returned
that the individual will not be subjected to torture or
ill treatment.
``(3) Definition.--For purposes of this subsection, the
term `appropriate Government agencies' means the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))), the Departments of State,
Defense, Homeland Security, and Justice, the United States
Secret Service, the United States Marshals Service, and any
other law enforcement, national security, intelligence, or
homeland security agency which imprisons, detains, or transfers
prisoners or detainees, or which otherwise takes or assumes
custody of persons, or transfers persons to another country.''.
(b) Existing Regulations.--
(1) In general.--The amendment made by subsection (a) does
not nullify any regulations issued by an agency, before the
effective date of this Act, under section 2242(b) of the
Foreign Affairs Reform and Restructuring Act of 1998. In such a
case, the agency shall amend such regulations to comply with
the amendment made by subsection (a) of this section.
(2) Special rule concerning immigration laws.--
Notwithstanding any other provision of this Act, or any
amendment made by this Act, nothing in this Act shall be
construed to affect immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), or regulations issued pursuant to immigration
laws, except that the Secretary of Homeland Security, not later
than 120 days after the date of the enactment of this Act,
shall revise the regulations issued by the Secretary to
implement section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (8 U.S.C. 1231 note) so as to ensure
that written or verbal assurances made by the government of a
country that a person in immigration proceedings in the United
States (including asylum proceedings) will not be tortured or
subjected to cruel, inhuman, or degrading treatment if the
person is removed by the United States to the country are not,
standing alone, a sufficient basis for believing that the
person would not be tortured or subjected to such treatment if
the alien were removed to the country.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act or the amendments made by this Act shall be
construed to eliminate, limit, or constrain in any way the rights that
an individual has under the Convention Against Torture or any other
applicable law.
SEC. 6. EFFECTIVE DATE.
This Act takes effect on the date that is 30 days after the date of
the enactment of this Act. | Torture Outsourcing Prevention Act - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where there are substantial grounds for believing that torture, cruel, or degrading treatment is commonly used in the detention or interrogation of individuals.
Prohibits the direct or indirect transfer or return of persons by the United States for the purpose of detention, interrogation, trial, or otherwise to a listed country. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur.
Amends the Foreign Affairs Reform and Restructuring Act of 1998 to direct the appropriate Government agencies to prescribe regulations to implement U.S. obligations under the United Nations (UN) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. | {"src": "billsum_train", "title": "To prohibit the transfer or return of persons by the United States, for the purpose of detention, interrogation, trial, or otherwise, to countries where torture or other inhuman treatment of persons occurs."} | 3,475 | 185 | 0.510763 | 1.479636 | 0.831024 | 3.694805 | 20.571429 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heroes at Home Act of 2007''.
SEC. 2. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER
PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE
ARMED FORCES WITH TRAUMATIC BRAIN INJURY.
(a) Program on Training and Certification of Family Caregiver
Personal Care Attendants.--The Secretary of Veterans Affairs shall
establish a program on training and certification of family caregivers
of veterans and members of the Armed Forces with traumatic brain injury
as personal care attendants of such veterans and members.
(b) Location.--The program required by subsection (a) shall be
located in each of the medical centers of the Department of Veterans
Affairs.
(c) Training Curricula.--
(1) In general.--The Secretary of Veterans Affairs shall,
in collaboration with the Secretary of Defense, develop
curricula for the training of personal care attendants
described in subsection (a). Such curricula shall incorporate
applicable standards and protocols utilized by certification
programs of national brain injury care specialist
organizations.
(2) Use of existing curricula.--In developing the curricula
required by paragraph (1), the Secretary of Veterans Affairs
shall, to the extent practicable, utilize and expand upon
training curricula developed pursuant to section 744(b) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2308).
(d) Program Participation.--
(1) In general.--The Secretary of Veterans Affairs shall
determine the eligibility of a family member of a veteran or
member of the Armed Forces for participation in the program
required by subsection (a).
(2) Basis for determination.--A determination made under
paragraph (1) shall be based on the clinical needs of the
veteran or member of the Armed Forces concerned, as determined
by the physician of such veteran or member.
(e) Eligibility for Compensation.--A family caregiver of a veteran
or member of the Armed Forces who receives certification as a personal
care attendant under this section shall be eligible for compensation
from the Department of Veterans Affairs for care provided to such
veteran or member.
(f) Costs of Training.--
(1) Training of families of veterans.--Any costs of
training provided under the program under this section for
family members of veterans shall be borne by the Secretary of
Veterans Affairs.
(2) Training of families of members of the armed forces.--
The Secretary of Defense shall reimburse the Secretary of
Veterans Affairs for any costs of training provided under the
program under this section for family members of members of the
Armed Forces. Amounts for such reimbursement shall be derived
from amounts available for Defense Health Program for the
TRICARE program.
(g) Construction.--Nothing in this section shall be construed to
require or permit the Secretary of Veterans Affairs to deny
reimbursement for health care services provided to a veteran with a
brain injury to a personal care attendant who is not a family member of
such veteran.
SEC. 3. OUTREACH AND PUBLIC AWARENESS.
(a) Outreach Required.--The Secretary of Veterans Affairs shall
conduct comprehensive outreach to enhance the awareness of veterans and
the general public about the symptoms of post-traumatic stress disorder
and traumatic brain injury and the services provided by the Department
of Veterans Affairs to veterans with such symptoms.
(b) Provision of Best Practices.--The Secretary of Veterans Affairs
shall make available to non-Department of Veterans Affairs health
practitioners the best practices developed by the Department for the
treatment of traumatic brain injury and post-traumatic stress disorder.
SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF
DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Telehealth and Telemental Health Demonstration Project.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly establish a demonstration
project to assess the feasibility and advisability of using
telehealth technology to assess cognitive (including memory)
functioning of members and former members of the Armed Forces
who have sustained head trauma, in order to improve the
diagnosis and treatment of traumatic brain injury.
(2) Location.--
(A) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall carry out the
demonstration project required by paragraph (1) at one
or more locations selected by the Secretaries for
purposes of the demonstration project.
(B) Priority for rural areas.--In selecting
locations to carry out the demonstration project
required by paragraph (1), the Secretary of Defense and
the Secretary of Veterans Affairs shall give priority
to locations that would provide service in a rural
area.
(3) Requirements.--The demonstration project required by
paragraph (1) shall include the following:
(A) The use of telehealth technology to assess the
cognitive (including memory) functioning of a member or
former member of the Armed Forces, including the
following:
(i) Obtaining information regarding the
nature of any brain injury incurred by such
member or former member.
(ii) Assessing any symptoms of traumatic
brain injury in such member or former member.
(B) The use of telehealth technology to
rehabilitate members or former members of the Armed
Forces who have traumatic brain injury, and the use, to
the extent practicable, of applicable standards and
protocols used by certification programs of national
brain injury care specialist organizations in order to
assess progress in such rehabilitation.
(C) The use of telehealth technology to disseminate
education material to members and former members of the
Armed Forces and the family members of such members on
techniques, strategies, and skills for caring for and
assisting such members, and to the extend practicable,
such education materials shall incorporate training
curricula developed pursuant to section 744(b) of the
John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).
(4) Use of proven technologies.--Any assessment
administered as a part of the demonstration project required by
paragraph (1) shall incorporate telemental health technology
that has proven effective in the diagnosis and treatment of
mental health conditions associated with traumatic brain
injury.
(5) Administration.--
(A) In general.--The demonstration project required
by paragraph (1) shall be administered under the joint
incentives program and carried out pursuant to section
8111(d) of title 38, United States Code.
(B) Funding.--Amounts to carry out the
demonstration project shall be derived from amounts in
the DOD-VA Health Care Sharing Incentive Fund
established under paragraph (2) of such section.
(6) Report.--
(A) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to
Congress a report on the demonstration project required
by paragraph (1).
(B) Submission with annual joint report.--The
report required by subparagraph (A) shall be submitted
to Congress at the same time as the annual joint report
required by section 8111(f) of title 38, United States
Code, for the fiscal year following the fiscal year of
the date of the enactment of this Act.
(b) Ongoing Study on Telehealth and Telemental Health Services.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall, through the Joint Executive Council
(JEC) of the Department of Defense and the Department of
Veterans Affairs, conduct an ongoing study of all matters
relating to the telehealth and telemental health services of
the Department of Defense and the Department of Veterans
Affairs.
(2) Matters studied.--The matters studied under paragraph
(1) shall include the following:
(A) The number of members and former members of the
Armed Forces who have used telehealth or telemental
health services of the Department of Defense or the
Department of Veterans Affairs.
(B) The extent to which members of the National
Guard and the Reserves are utilizing telehealth or
telemental health services of the Department of Defense
or the Department of Veterans Affairs.
(C) The ways in which the Department of Defense and
the Department of Veterans Affairs can improve the
integration of telehealth and telemental health
services with clinical medicine.
(D) The extent to which telehealth and telemental
health services of the Department of Defense and the
Department of Veterans Affairs are provided in rural
settings and through community-based outpatient clinics
(CBOCs).
(E) Best practices of civilian mental health
providers and facilities with respect to the provision
of telehealth and telemental health services, including
how such practices can be adopted to improve telehealth
and telemental health services of the Department of
Defense and the Department of Veterans Affairs.
(F) The feasability and advisability of partnering
with civilian mental health facilities to provide
telehealth and telemental health services to members
and former members of the Armed Forces.
(3) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress a report on the findings of
the Joint Executive Counsel under this subsection during the
preceding year.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``national brain injury care specialist
organization'' means a national organization or association
with demonstrated experience in providing training, education,
and technical assistance in the provision of care for
individuals with brain injury.
(2) The term ``neurocognitive'' means of, relating to, or
involving the central nervous system and cognitive or
information processing abilities (thinking, memory, and
reasoning), as well as sensory processing (sight, hearing,
touch, taste, and smell), and communication (expression and
understanding).
(3) The term ``traumatic brain injury'' means an acquired
injury to the brain, including brain injuries caused by anoxia
due to trauma and such other injuries as the Secretary
considers appropriate, except that such term excludes brain
dysfunction caused by--
(A) congenital or degenerative disorders; or
(B) birth trauma. | Heroes at Home Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury (TBI); and (2) conduct outreach to enhance awareness of veterans and the public about the symptoms of post-traumatic stress disorder (PTSD) and TBI and the services provided by the Department of Veterans Affairs to veterans with such symptoms.
Directs the Secretaries of Defense and Veterans Affairs to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs. | {"src": "billsum_train", "title": "To improve the diagnosis and treatment of traumatic brain injury in members and former members of the Armed Forces, to review and expand telehealth and telemental health programs of the Department of Defense and the Department of Veterans Affairs, and for other purposes."} | 2,209 | 174 | 0.531861 | 1.518773 | 0.776601 | 5.310559 | 12.602484 | 0.950311 |
SECTION 1. DEFINITIONS.
In this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) RUE.--The term ``RUE'' means the retained use estate
entered into by the Jackson Hole Preserve and the United States
on September 30, 1983.
(3) Park.--The term ``park'' means Virgin Islands National
Park.
(4) CBI.--The term ``CBI'' means CBI Acquisitions, LLC.
(5) Resort.--The term ``Resort'' means Caneel Bay Resort on
the island of St. John in Virgin Islands National Park.
SEC. 2. LEASE AGREEMENT.
(a) Authorization.--The Secretary may enter into a lease agreement
with CBI governing the use of property for the continued management and
operation of the Resort.
(b) Additional Lands.--Any lease entered into pursuant to this Act
shall include the property covered by the RUE and any associated
property owned by CBI donated to the National Park Service.
(c) Terms.--The lease agreement authorized under subsection (a)
shall--
(1) require that operations and maintenance of the Resort
are conducted in a manner consistent with the preservation and
conservation of the resources and values of the Park as well as
the best interests of the Resort;
(2) be for the minimum number of years practicable to
enable the lessee to secure financing for any necessary
improvements to the Resort, taking into account the financial
obligations of CBI, but in any event shall not exceed 40 years;
(3) prohibit any transfer, assignment or sale of the lease
or otherwise convey or pledge any interest in the lease without
prior written notification to and approval by the Secretary;
(4) prohibit any increase in the number of guest
accommodations available at the Resort;
(5) prohibit any increase in the overall size of the
Resort;
(6) prohibit the sale of partial ownership shares or
timeshares in the Resort;
(7) be designed to facilitate transfer of all property
covered by the lease to Federal administration upon expiration
of the lease; and
(8) include any other provisions determined by the
Secretary to be necessary to protect the Park and the public
interest.
(d) Appraisals.--The Secretary shall require appraisals to
determine the fair market value of all property covered by the RUE and
any property, including the value, if any, of the surrendered term of
the RUE, owned by CBI to be donated, or otherwise conveyed, to the
National Park Service. Such appraisals shall be conducted pursuant to
the Uniform Appraisal Standards for Federal Land Acquisition.
(e) Compensation.--
(1) In general.--The lease authorized by this Act shall--
(A) require payment to the United States of the
property's fair market value rent, taking into account
the value of any associated property transferred by CBI
as well as the value, if any, of the surrendered term
of the RUE;
(B) include a provision--
(i) allowing recalculation of the amount of
the payment required under this subsection, at
the request of the Secretary or CBI, in the
event of extraordinary unanticipated changes in
conditions anticipated at the time the lease
was finalized; and
(ii) providing for binding arbitration in
the event the Secretary and CBI are unable to
agree upon an adjustment to the payment in
these circumstances.
(2) Distribution.--Eighty percent of the payment to the
United States required by this subsection shall be available to
the Secretary, without further appropriation, for expenditure
within the Park. The remaining twenty percent shall be
deposited in the Treasury.
(3) Applicability of certain law.--Section 321 of the Act
of June 30, 1932 (40 U.S.C. 1302), relating to the leasing of
buildings and property of the United States, shall not apply to
the lease entered into by the Secretary pursuant to this Act.
SEC. 3. RETAINED USE ESTATE.
As a condition of the lease, CBI shall relinquish to the Secretary
all rights under the RUE and transfer, without compensation, ownership
of improvements covered by the RUE to the United States.
Passed the House of Representatives March 4, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | Authorizes the Secretary of the Interior to enter into a lease with CBI Acquisitions, LLC, governing the use of property for the continued management and operation of the Caneel Bay Resort on the island of St. John in Virgin Islands National Park.
Requires any lease entered into pursuant to this Act to include the property covered by the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983, (the RUE) and any associated property owned by CBI donated to the National Park Service (NPS).
Sets forth provisions regarding: (1) the terms of the lease agreement; (2) appraisals to determine the fair market value of all property covered by the RUE and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to be donated, or otherwise conveyed, to the NPS; and (3) compensation to the United States of the property's fair market value rent. Makes 80% of such payment available for expenditure within Virgin Islands National Park.
Requires CBI, as a condition of the lease, to relinquish to the Secretary all rights under the RUE and to transfer, without compensation, ownership of improvements covered by the RUE to the United States. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes."} | 944 | 276 | 0.74793 | 2.438275 | 1.001431 | 7.238683 | 3.600823 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Interchange Fees Act of
2008''.
SEC. 2. PROHIBITION ON CERTAIN UNFAIR CREDIT AND FUND TRANSFER
PRACTICES.
(a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.)
is amended by adding at the end the following new chapter:
``CHAPTER 6--PROHIBITION ON UNFAIR PRACTICES IN ELECTRONIC PAYMENT
SYSTEM NETWORKS
``Sec. 191. Definitions.
``Sec. 192. Additional charges on merchants and consumers for premium
payment cards prohibited.
``Sec. 193. Certain creditor or credit card network-imposed
restrictions on merchants prohibited.
``Sec. 194. Fair and transparent transactions.
``Sec. 195. Enforcement.
``SEC. 191. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Charge card.--The term charge card has the same
meaning as in section 127(c)(4)(E).
``(2) Debit card.--The term `debit card' means any card or
other device issued by a financial institution (as defined in
section 903(8)) to a consumer for use in initiating electronic
fund transfers (as defined in section 903(6)) from the account
of the consumer at such financial institution for the purpose
of transferring money between accounts or obtaining money,
property, labor, or services.
``(3) Electronic payment system network.--The term
`electronic payment system network' means a network that
provides, through licensed members, processors, or agents--
``(A) for the issuance of payment cards (by credit
card issuers in the case of a credit card, charge card
issuers in the case of a charge card, or financial
institutions (as defined in section 903(8)) in the case
of debit cards) bearing any logo of the network;
``(B) the proprietary services and infrastructure
that route information and data to facilitate
transaction authorization, clearance, and settlement
that merchants must access in order to accept payment
cards bearing any logo of the network as payment for
goods and services; and
``(C) for the screening and acceptance of merchants
into the network in order to allow such merchants to
accept payment cards bearing any logo of the network as
payment for goods and services.
``(4) Licensed member.--The term `licenced member', in
connection with any electronic payment system network,
includes--
``(A) any creditor or charge card issuer that is
authorized to issue credit cards or charge cards
bearing any logo of the network;
``(B) any financial institution (as defined in
section 903(8)) that is authorized to issue debit cards
to consumers who maintain accounts at such institution;
and
``(C) any person, including any financial
institution, on occasion referred to as an `acquirer'
that is authorized--
``(i) to screen and accept merchants into
any program under which any payment card
bearing any logo of such network may be
accepted by the merchant for payment for goods
or services;
``(ii) to process transactions on behalf of
any such merchant for payment; and
``(iii) to complete financial settlement of
any such transaction on behalf of such
merchant.
``(5) Merchant.--The term `merchant' means any person in
the business of selling or providing any good or service for
consideration.
``(6) Payment card.--The term `payment card' means a credit
card , a charge card, or a debit card.
``SEC. 192. ADDITIONAL CHARGES ON MERCHANTS AND CONSUMERS FOR PREMIUM
PAYMENT CARDS PROHIBITED.
``(a) In General.--An electronic payment system network may not,
directly or through any agent, processor, or licensed member of the
network, require or permit any merchant to pay any interchange,
processing, or other fee in connection with any payment card
transaction initiated through a premium payment card in any amount in
excess of the amount of any such interchange, processing, or other fee
that would be imposed in connection with such payment card transactions
if initiated through a nonpremium payment card.
``(b) Premium Definition.--For purposes of subsection (a), the
following definitions shall apply:
``(1) Premium payment card.--The term `premium payment
card' means a payment card that provides rewards or other
cardholder benefits or services for the use of the card other
than those benefits offered to any customer within the
electronic payment system network.
``(2) Nonpremium payment card.--The term `nonpremium
payment card' means a payment card bearing any logo of an
electronic payment system network that is not a premium payment
card.
``SEC. 193. CERTAIN CREDITOR OR CREDIT CARD NETWORK-IMPOSED
RESTRICTIONS ON MERCHANTS PROHIBITED.
``(a) Pricing Display Restrictions.--With respect to any credit
card which may be used for extensions of credit through an electronic
payment system network in connection with sales transactions in which
the merchant is a person other than the card issuer, the electronic
payment system network may not, directly or through any agent,
processor, or licensed member of the network, by contract, or
otherwise, restrict the merchant's discretion as to how to display or
advertise the merchant's prices.
``(b) Honor All Cards Rule.--An electronic payment system network
may not, directly or through any agent, processor, or licensed member
of the network, prohibit any merchant that otherwise accepts payment
cards bearing any logo of the network from refusing to accept any
particular type of card due to its cost, except that the seller may be
prohibited from refusing to accept a payment card issued by a
particular creditor or financial institution without respect to any
cost differences.
``(c) Steering Consumers.--An electronic payment system network may
not, directly or through any agent, processor, or licensed member of
the network, by contract, or otherwise, inhibit the ability of any
merchant to direct consumers to the merchant's preferred form of
payment.
``(d) Single Entity Rule.--An electronic payment system network may
not, directly or through any agent, processor, or licensed member of
the network, by contract, or otherwise, require any merchant to accept
payment cards at 1 or more business locations in order to be able to
accept payment cards at another business location.
``(e) Chargebacks for Transactions on Certain POS Terminals That
Exceed the Allowable Amount on Such Devices.--An electronic payment
system network may not, directly or through any agent, processor, or
licensed member of the network, by contract, or otherwise, allow or
require a chargeback to any merchant for any payment involving any
payment and transfer initiated by the consumer at a point-of-sale
terminal operated by the merchant on the basis that the amount of the
transaction exceeded any preauthorized or predetermined amount for such
terminal.
``(f) Merchants Permitted To Establish Minimum or Maximum Amounts
for Payment by Payment Cards.--An electronic payment system network may
not, directly or through any agent, processor, or licensed member of
the network, by contract, or otherwise, prohibit any merchant from
setting any maximum amount or minimum amount for the use of a payment
card bearing any logo of such network by a consumer to pay for a
transaction with such merchant.
``(g) Restrictions on Network Routing Prohibited.--An electronic
payment system network may not, directly or through any agent,
processor, or licensed member of the network, by contract, or
otherwise, prohibit any merchant from directing the routing of payment
card transactions for processing in the way chosen by the merchant.
``(h) Fees for Failing To Provide a Particular Number of
Transactions Prohibited.--An electronic payment system network may not,
directly or through any agent, processor, or licensed member of the
network, by contract, or otherwise, impose any fee on any merchant for
the failure of the merchant to meet any minimum number of transactions
in which the consumers pay for such transactions using a payment card
bearing any logo of such network.
``SEC. 194. FAIR AND TRANSPARENT TRANSACTIONS.
``(a) Disclosure of Contract Terms.--An electronic payment system
network, and any agent, processor, or licensed member of the network,
may not establish or maintain, directly or indirectly by contract or
through a licensing arrangement, any agreement with a merchant, unless
the network, agent, processor, or licensed member has made available to
the merchant all of the rules, terms, and conditions to which such
merchant will be bound under such agreement, including the complete
operating rules of the relevant payment system using payment cards
bearing any logo of such network, without restrictions on the
merchant's use of any such information.
``(b) Review of Rules, Terms, and Agreements.--The Federal Trade
Commission shall--
``(1) prescribe regulations to--
``(A) ensure that all of the rules, terms, and
conditions to which a merchant or consumer is subject
under an agreement with an electronic payment system
network, or any agent, processor, or licensed member of
the network, directly or indirectly, by contract or
through a licensing arrangement, are not unfair or
deceptive to consumers and merchants and are not
anticompetitive; and
``(B) prohibit any unfair or deceptive act or
practice or anticompetitive act or practice that may
otherwise be permitted under or result from any rule,
term, or condition described in subparagraph (A); and
``(2) regularly review all of the rules, terms, and
conditions described in paragraph (1)(A) established by each
electronic payment system network, or any agent, processor, or
licensed member of the network.
``(c) Interchange and Other Fees.--
``(1) Collection and dissemination of information.--The
Board shall collect, publish, and disseminate to the public--
``(A) complete information on the interchange,
processing and other fees charged by each electronic
payment system network, or any agent, processor, or
licensed member of the network, in connection with any
aspect of transactions initiated by consumers using
payment cards bearing any logo of such network,
including fees imposed by the payment card issuer in
connection with any such transaction; and
``(B) all of the rules, terms, and conditions to
which a merchant or a consumer is subject under an
agreement with an electronic payment system network, or
any agent, processor, or licensed member of the
network, directly or indirectly by contract or through
a licensing arrangement for transactions indicated by
consumers using payment cards bearing any logo of such
network.
``(2) Regulations.--For purposes of this subsection, the
Board may prescribe regulations and issue orders requiring any
electronic payment system network, and any agent, processor, or
licensed member of any such network, to submit any information,
including rules, agreements, and contracts, that the Board
determines to be necessary or appropriate for the Board to meet
the requirements of paragraph (1).
``SEC. 195. ENFORCEMENT.
``Subsections (a), (b), and (h) of section 130 shall be applied for
purposes of this chapter by substituting the term `an electronic
payment system network, or any agent, processor, or licensed member of
any such network' for `creditor' each place such term appears in such
subsections.''.
(b) Technical and Conforming Amendments.--
(1) Section 127(a) of the Truth in Lending Act (U.S.C.
1637(a)) is amended by inserting after paragraph (8) the
following new paragraph:
``(9) In the case of any account under which a credit card
issued in connection with the account bears the logo of any
electronic payment system network, the amounts of any fees
charged by the network, or any agent, processor, or licensed
member of the network, in connection with any aspect of
transactions initiated by the consumers using such credit card,
including any interchange, processing, or other fees.''.
(2) Section 127(b) of the Truth in Lending Act (U.S.C.
1637(b)) is amended by adding at the end the following new
paragraph:
``(13) In the case of any account under which a credit card
issued in connection with the account bears the logo of any
electronic payment system network, if any fee was charged by
the network, or any agent, processor, or licensed member of the
network, in connection with any aspect of a transaction which
resulted in an extension of credit reported on such statement,
the amount of such fee, including any interchange, processing,
or other fee.''.
(3) Section 127(c)(1)(A) of the Truth in Lending Act
(U.S.C. 1637(c)(1)(A)) is amended by adding at the end the
following new clause:
``(v) Interchange and other fees.--In the
case of an application or solicitation to open
an account under which a credit card issued in
connection with the account would bear the logo
of any electronic payment system network, the
amounts of any fees charged by the network, or
any agent, processor, or licensed member of the
network, in connection with any aspect of any
transaction initiated by the consumer using
such credit card, including any interchange,
processing, or other fees.''.
(4) Section 127(c)(4)(A) of the Truth in Lending Act
(U.S.C. 1637(c)(4)(A)) is amended by adding at the end the
following new clause:
``(iv) In the case of an application or
solicitation to open an account under which a
charge card issued in connection with the
account would bear the logo of any electronic
payment system network, the amounts of any fees
charged by the network, or any agent,
processor, or licensed member of the network,
in connection with any aspect of transactions
initiated by the consumer using such charge
card, including any interchange, processing, or
other fees.''.
(5) Section 130(a) of the Truth in Lending Act (U.S.C.
1640(a)) is amended by striking ``chapter 4 or 5'' and
inserting ``chapter 4, 5, or 6''.
(6) Section 130(b) of the Truth in Lending Act (U.S.C.
1640(b)) is amended by inserting ``or 6'' after ``chapter 5''.
(7) Section 130(g) of the Truth in Lending Act (U.S.C.
1640(g)) is amended by striking ``chapter 4 or 5'' and
inserting ``chapter 4, 5, or 6''.
(8) Section 906(c) of the Electronic Fund Transfer Act
(U.S.C. 1693d(c)) is amended--
(A) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the case of an account under which an electronic
fund transfer may be initiated by the consumer by means of any
card or other device issued by the financial institution which
bears the logo of any electronic payment system network, if any
fee was charged by the network, or any agent, processor, or
licensed member of the network, in connection with any aspect
of a transaction which resulted in an electronic fund transfer
reported on such statement, the amount of such fee, including
any interchange, processing, or other fee.''.
(c) Clerical Amendment.--The table of chapters for the Truth in
Lending Act is amended by inserting after the item relating to chapter
5 the following new item:
``6. Prohibition on Unfair Practices in Electronic Payment System
Networks................................................................
......................................191''. | Credit Card Interchange Fees Act of 2008 - Amends the Truth in Lending Act to prohibit specified electronic payment system network practices, including the imposition of: (1) additional charges on merchants and consumers for premium payment cards; (2) certain restrictions on merchants, including chargebacks for transactions on point of sale terminals that exceed the allowable amount on such devices; (3) restrictions upon network routing; and (4) fees for failure of the merchant to provide a particular number of transactions.
Requires an electronic payment system network to disclose its contract terms to the merchant, including its complete operating rules, without restricting the merchant's use of such information.
Directs the Federal Trade Commission (FTC) to prescribe regulations to: (1) ensure that the rules, terms, and conditions to which a merchant or consumer is subject under an agreement with an electronic payment system network are neither unfair nor deceptive to consumers and merchants, nor anticompetitive; (2) prohibit any unfair or deceptive act or practice or anticompetitive act or practice that may result from such rule, term, or condition; and (3) regularly review such rules, terms, and conditions.
Directs the Board of Governors of the Federal Reserve System to collect and disseminate to the public: (1) complete information on fees charged by each electronic payment system network in connection with consumer-initiated transactions; and (2) the rules, terms, and conditions to which a merchant or a consumer is subject under an agreement with an electronic payment system network for transactions using payment cards. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act to prohibit unfair practices in electronic payment system networks, and for other purposes."} | 3,570 | 325 | 0.594127 | 1.755806 | 0.849676 | 4.05 | 10.96 | 0.943333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nineveh Plain Refugee Act of 2014''.
SEC. 2. IN-COUNTRY PROCESSES FOR CERTAIN ALIENS APPLYING FOR REFUGEE
STATUS.
(a) In-Country Processes.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall establish or use
existing processes in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait,
Turkey, and Syria through which an alien who is located in such a
country and described in section 3(b) may apply and interview for
admission to the United States as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157). Such an alien shall be
considered a refugee of special humanitarian concern eligible for
Priority 2 processing under the refugee resettlement priority system.
(b) Suspension of In-Country Processes.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, may suspend the
processes under subsection (a) in a foreign country listed in
subsection (a) for a period not to exceed 90 days, if the
Secretary determines that such a suspension is appropriate.
(2) Extension.--The Secretary of State, in consultation
with the Secretary of Homeland Security, may extend a
suspension under paragraph (1) upon notification to the
Committee on the Judiciary of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
the Committee on the Judiciary of the Senate, and the Committee
on Foreign Relations of the Senate.
(3) Report.--The Secretary of State shall submit to the
committees listed in paragraph (2) a report that describes the
reason for each suspension and extension under this subsection.
SEC. 3. ALIENS ELIGIBLE TO APPLY FOR ADMISSION TO THE UNITED STATES AS
A REFUGEE USING IN-COUNTRY PROCESSES.
(a) In General.--In the case of an alien who is within a category
of aliens established under subsection (b), the alien may establish,
for purposes of admission as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), that the alien has a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion by asserting such a fear and asserting a credible basis for
concern about the possibility of such persecution.
(b) Establishment of Categories.--For purposes of subsection (a),
the Secretary of State, in consultation with the Secretary of Homeland
Security, shall establish one or more categories of aliens who are or
were nationals or residents of a territory controlled by the group
commonly known as the Islamic State of Iraq and the Levant (or any
successor name) in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey,
or Syria and who share common characteristics that identify them as
targets of persecution in that country on account of race, religion,
nationality, membership in a particular social group, or political
opinion.
(c) Exclusion From Numerical Limitations.--Aliens provided Priority
2 processing under the refugee resettlement priority system under this
section shall not be counted against any numerical limitation under
section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for
fiscal years 2014 and 2015.
(d) Eligibility for Admission as Refugee.--No alien shall be denied
the opportunity to apply for admission under this section solely
because such alien qualifies as an immediate relative or is eligible
for any other immigrant classification.
(e) Written Reasons for Denials of Refugee Status.--Each decision
to deny an application for refugee status of an alien under this
section shall be in writing and shall state, to the maximum extent
feasible, the reason for the denial.
(f) Permitting Certain Aliens Within Categories To Reapply for
Refugee Status.--Each alien described in subsection (b) who after, June
1, 2014, and before the date of the enactment of this Act was denied
refugee status shall be permitted to reapply for such status. Such an
application shall be determined taking into account the application of
this Act.
(g) Protection of Aliens.--In the case that the Secretary of State,
in consultation with the Secretary of Homeland Security, determines
that an alien who is located in a foreign country listed in section
2(a) and described in subsection (b) who has applied for admission to
the United States as a refugee under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) using the processes under this Act is
in imminent danger, the Secretary shall make a reasonable effort to
provide such alien with protection or the immediate removal from that
country.
SEC. 4. REPORTS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Homeland Security, shall submit to the Committee on the
Judiciary of the House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, the Committee on the Judiciary
of the Senate, and the Committee on Foreign Relations of the Senate a
report containing plans to expedite the processing of applications for
admission to the United States as refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in
section 3(b) who apply for admission using the processes under the Act,
including information relating to--
(1) expediting the processing of such refugees for
resettlement, including through temporary expansion of the
Refugee Corps of United States Citizenship and Immigration
Services;
(2) increasing the number of personnel of the Department of
State and the Department of Homeland Security devoted to the
processing of such applications;
(3) enhancing existing systems for conducting background
and security checks of such aliens; and
(4) the projections of the Secretary for the number of
refugee interviews that will be conducted in each foreign
country listed in section 2(a) in each month of fiscal years
2015 and 2016.
(b) Annual Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter through 2016, the
Secretary of State, in consultation with the Secretary of Homeland
Security, shall submit to Congress an unclassified report, with a
classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this Act;
(2) the number of aliens described in section 3(b);
(3) the number of such aliens who have applied for
admission to the United States as a refugee under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157) using
the processes under this Act; and
(4) in the case of such applications pending for longer
than 180 days, the reason that refugee status has not been
granted in each such case. | Nineveh Plain Refugee Act of 2014 - Directs the Secretary of State to establish or use existing processes in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, and Syria through which a qualifying alien in such a country may apply and interview for refugee admission to the United States. Considers such an alien to be a refugee of special humanitarian concern eligible for priority 2 processing under the refugee resettlement priority system. Authorizes the Secretary to: (1) suspend in-country processes in such a foreign country for up to 90 days, and (2) extend a suspension upon congressional notification. Directs the Secretary to establish one or more categories of aliens who are or were nationals or residents of a territory controlled by the group known as the Islamic State of Iraq and the Levant (ISIL), or any successor name, in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, or Syria, and who share common characteristics that identify them as targets of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion. Provides that: an alien provided priority 2 processing shall not be counted against annual refugee admission limitations, no alien shall be denied the opportunity to apply for admission under this Act solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification, each denial for refugee status under this Act shall be in writing and shall state the reason for denial, each qualifying alien who after June 1, 2014, and before the date of enactment of this Act was denied refugee status shall be permitted to reapply for such status, and if the Secretary determines that an alien in such country who has applied for U.S. refugee admission pursuant to this Act is in imminent danger the Secretary shall make a reasonable effort to provide such alien with protection or the immediate removal from the country. | {"src": "billsum_train", "title": "Nineveh Plain Refugee Act of 2014"} | 1,548 | 408 | 0.716417 | 2.391728 | 0.799904 | 6.299728 | 3.787466 | 0.93733 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education, Achievement, and
Opportunity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private schools supplement the public school system and
are a vital component of our Nation's school network.
(2) The public school system was created to serve students,
not the other way around. Children should have the opportunity
to attend the school system that is most conducive to
developing their abilities, and parents have the right to
choose the public or private school that best meets their
child's individual needs.
SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36C the following new section:
``SEC. 36D. ELEMENTARY AND SECONDARY EDUCATION EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year the amount of the qualified
education expenses paid by the taxpayer during the taxable year
for each qualifying child of the taxpayer.
``(2) Amount per child.--The amount of credit allowable
under paragraph (1) for any taxable year with respect to the
qualified education expenses of each qualifying child of the
taxpayer shall not exceed--
``(A) $2,500 for a child enrolled in an elementary
school for any portion of the taxable year, and
``(B) $3,500 for a child enrolled in a secondary
school for any portion of the taxable year.
In any taxable year in which a child meets the requirements of
both subparagraphs (A) and (B), the amount of credit allowable
shall not exceed the sum of the amounts in such subparagraphs.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) (after the application of subsection (a)(2))
shall be reduced (but not below zero) by $50 for each $1,000
(or fraction thereof) by which the taxpayer's modified adjusted
gross income exceeds the threshold amount.
``(2) Definitions and special rules.--For purposes of this
paragraph (1)--
``(A) Threshold amount.--The term `threshold
amount' means--
``(i) $150,000 in the case of a joint
return, and
``(ii) $75,000 in any other case.
``(B) 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.
``(C) Marital status.--Marital status shall be
determined under section 7703.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--The term `qualifying child' has
the meaning provided by section 24(c).
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at a
qualified educational institution,
``(ii) computers, educational software,
computer support services, and books required
for courses of instruction at a qualified
educational institution,
``(iii) academic tutoring (by a person
other than the taxpayer),
``(iv) special needs services for
qualifying children with disabilities (within
the meaning of the Americans With Disabilities
Act of 1990),
``(v) fees for transportation services to
and from a private school, if the
transportation is provided by the school and
the school charges a fee for the
transportation, and
``(vi) academic testing services.
``(B) Amounts excluded.--The term does not include
special school fees for nonacademic purposes, including
fees for student activities, athletics, insurance,
school uniforms, and nonacademic after-school
activities.
``(3) Qualified educational institution.--The term
`qualified educational institution' means--
``(A) an elementary school or secondary school (as
such terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801), or
``(B) any private, parochial, or religious school
organized for the purpose of providing elementary or
secondary education, or both.
``(d) Adjustment for Coverdell Savings Account Distributions.--The
amount of qualified education expenses taken into account under
subsection (a) with respect to an individual for a taxable year shall
be reduced (before the application of subsection (b)) by the sum of any
amounts not includible in gross income under section 530(d)(2) for such
taxable year by reason of the qualified elementary and secondary
education expenses (as defined in section 530(b)(3)) of such individual
for such taxable year.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36D,'' after ``36C,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36D. Elementary and secondary education expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to allow a refundable tax credit for the qualified education expenses of children attending a public, private, parochial, or religious school providing elementary or secondary education. Defines "qualified education expenses" as amounts paid for tuition and fees, computers, educational software, computer support services, required books, academic tutoring, special needs services for children with disabilities, transportation fees, and academic testing services. Limits the annual amount of such credit to $2,500 for a child enrolled in an elementary school and $3,500 for a child enrolled in a secondary school, and reduces such credit for taxpayers whose modified adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school."} | 1,317 | 168 | 0.56387 | 1.417193 | 0.778728 | 3.6875 | 8.1875 | 0.923611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Stalker Reduction Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) stalking, which is the willful, malicious, and repeated
following or harassing by an individual who makes a threat with
the intent to place another individual in imminent fear of
death or serious bodily injury, often is part of a pattern of
behavior within the scope of domestic violence;
(2) there is insufficient data available to determine the
extent and number of incidents of stalking;
(3) nearly 30 percent of all female murders are attributed
to domestic violence;
(4) State criminal statutes often do not apply to stalking,
and more than 50 percent of the States have failed to enact
legislation that includes stalking; and
(5) the prolonged suffering of victims from stalking has
been frequently reported by the media, and victims, their
families, and friends.
SEC. 3. ENACTMENT OF STATE ANTI-STALKING LEGISLATION.
(a) Programs Regarding Stalking.--Section 501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) by striking the period at the end of paragraph (21) and
adding ``; and''; and
(2) by adding at the end the following:
``(22) programs that increase awareness, reporting, and
prevention of stalking.''.
(b) Formula Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by adding at the end the following:
``(g) In order not to reduce the funds available under this subpart
by 25 percent (for redistribution to other participating States), a
State shall, on the first day of each fiscal year succeeding the first
fiscal year beginning after September 30, 1994, meet the following
requirements:
``(1) Have in effect throughout the State in such fiscal
year a law which--
``(A) makes it unlawful for an individual to
willfully, maliciously, and repeatedly follow or harass
another individual while making a threat with the
intent to place such individual in imminent fear of
death or serious bodily injury;
``(B) provides a minimum penalty of--
``(i) in the case of a first offense, a
fine of not less than $1,000 or imprisonment
for not more than 5 years, or both;
``(ii) in the case of violation of a
temporary or permanent vacate, restraining, or
no-contact order or judgment issued under State
law, imprisonment for not less than one year,
but not more than 5 years;
``(iii) in any other case, imprisonment for
not less than 2 years, but not more than 10
years.
``(2) Require that the State, in consultation with State or
local domestic violence coalitions, develop training programs
for law enforcement, judicial, and court personnel.
``(3) Require each public agency in the State which employs
law enforcement officers or judicial personnel to report
information regarding domestic violence offenses to a
designated statewide central registry in the State.
``(4) Require judicial personnel to search and examine the
central registry of statewide domestic violence records when
petitioned for a civil restraining order.
``(5) Require judicial personnel to report information
regarding a defendant to law enforcement personnel when an
outstanding warrant exists.''.
SEC. 4. STATE DATA BASES.
(a) Allocation Reservation.--Subject to subsection (d), each State
which receives funds under section 506 of the Omnibus Crime Control and
Safe Streets Act of 1968 in a fiscal year shall allocate not less than
5 percent of such funds for the development of records regarding
stalking and other forms of domestic violence.
(b) Development of Records.--The development of records referred to
in subsection (a) shall include--
(1) the development or expansion of maintaining records
regarding the dispositions of all complaints and arrests for
stalking and other forms of domestic violence;
(2) the full automation of such records; and
(3) the frequency and quality of reports sent to the Bureau
of Justice Statistics.
(c) The Director, in consultation with the Director of the Bureau
of Justice Statistics, shall establish guidelines for the fulfillment
of the requirements specified in subsections (a) and (b) of this
section.
(d) In accordance with such guidelines as the Director shall issue
and at the request of a State, the Director may--
(1) waive compliance with subsection (a) by such State; or
(2) authorize such State to reduce the minimum amount such
State is required to allocate under subsection (a);
if the Director finds that the quality of the States' records regarding
stalking and domestic violence complaints and arrests does not warrant
expending the amount allocated under subsection (a).
SEC. 5. NATIONAL INFORMATION.
(a) Definitions.--Not later than 6 months after the date of the
enactment of this Act, the Bureau of Justice Statistics shall define
terms that relate to stalking and make such definitions available to
individuals and groups that request such information.
(b) Collection of Data.--Not later than 2 years after the date of
the enactment of this Act, the Bureau of Justice Statistics, in
coordination with the Federal Bureau of Investigation and the States,
shall compile a national data base regarding stalking civil protective
orders and other forms of domestic violence.
SEC. 6. REPORTING.
The Director of the Bureau of Justice Assistance shall submit to
the Congress an annual report, beginning one year after the date of the
enactment of this Act, that evaluates the effectiveness of State anti-
stalking efforts and legislation. | National Stalker Reduction Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Director of the Bureau of Justice Assistance to make grants to States which include programs that increase awareness, reporting, and prevention of stalking; and (2) provide for a reduction of formula grants for noncompliance by States with specified requirements.
Directs each State which receives drug control and system improvement formula grants under the Act in a fiscal year to allocate not less than five percent of such funds for the development of records regarding stalking and other forms of domestic violence, including: (1) the development or expansion of maintaining records regarding the dispositions of all complaints and arrests for stalking and other forms of domestic violence; (2) the full automation of such records; and (3) the frequency and quality of reports sent to the Bureau of Justice Statistics. Authorizes the Director to waive compliance with such allocation requirement by a State, or to authorize a State to reduce the minimum amount such State is required to allocate, if the Director finds that the quality of the States' records regarding stalking and domestic violence complaints and arrests does not warrant expending the amount allocated.
Requires the Bureau of Justice Statistics to: (1) define terms that relate to stalking and make such definitions available to individuals and groups that request such information; and (2) compile a national database regarding stalking and other forms of domestic violence.
Requires the Director to submit annual reports to the Congress, evaluating the effectiveness of State anti-stalking efforts and legislation. | {"src": "billsum_train", "title": "National Stalker Reduction Act of 1993"} | 1,247 | 328 | 0.619781 | 1.824087 | 0.800648 | 5.803922 | 3.921569 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Biofuel Investment Act of
2010''.
SEC. 2. INVESTMENT TAX CREDIT FOR QUALIFIED ADVANCED BIOFUEL PRODUCTION
PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi), by inserting ``or'' at the
end of clause (vii), and by inserting after clause (vii) the following
new clause:
``(viii) qualified advanced biofuel
production property,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of subclause (III) and by inserting after subclause (IV) the following
new subclause:
``(V) qualified advanced biofuel
production property, and''.
(c) Definitions.--Subsection (c) of section 48 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Qualified advanced biofuel production property.--
``(A) In general.--The term `qualified advanced
biofuel production property' means property used in an
advanced biofuel project.
``(B) Advanced biofuel project.--
``(i) In general.--The term `advanced
biofuel project' means a project certified by
the Secretary of Energy as meeting the
following requirements:
``(I) The sole and exclusive
purpose of the project is to produce
advanced biofuels for sale to unrelated
persons (within the meaning of section
45(e)(4)).
``(II) The advanced biofuels
produced will meet the requirements of
section 211(o)(1)(B) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(B)).
``(III) The project will rely
primarily on new or significantly
improved technologies as compared to
commercial technologies currently in
service in the United States and used
to produce advanced biofuels.
``(IV) Such other requirements as
the Secretary of Energy by rule or
regulation deems necessary to carry out
the objectives of this section,
including encouraging private
investment in projects which provide
the greatest net impact in avoiding or
reducing air pollutants or
anthropogenic emissions of greenhouse
gases, have the greatest readiness for
commercial employment, replication, and
further commercial use in the United
States, and will introduce new
technologies and fuel production
processes in the commercial market.
``(ii) Rule or regulation.--Rules or
regulations issued by the Secretary of Energy
under this subparagraph shall be issued not
later than 120 days after the date of the
enactment of this section.
``(C) Termination.--The term `qualified advanced
biofuel production property' shall not include any
property placed in service after December 31, 2014.''.
(d) Grants in Lieu of Tax Credit.--
(1) In general.--Section 1603(d) of the American Recovery
and Reinvestment Tax Act of 2009 is amended by inserting after
paragraph (8) the following new paragraph:
``(9) Qualified advanced biofuel production property.--Any
property described in clause (viii) of section 48(a)(3)(A).''.
(2) Applicable percentage.--Section 1603(b)(2)(A) of such
Act is amended by inserting ``and (9)'' after ``through (4)''.
(3) Reinvestment of grant.--Section 1603 of such Act is
amended by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively, and by inserting after subsection
(h) the following new subsection:
``(i) Reinvestment of Certain Grants.--No grant for specified
energy property described in subsection (d)(9) shall be made under
subsection (a) unless the grant applicant certifies in the application
that such payment shall be reinvested in such property not later than
12 months after the date of such payment.''.
(e) Grant Includible in Income.--Section 48(d)(3) of the Internal
Revenue Code of 1986 is amended by striking ``Any such grant'' and
inserting ``Except for a grant for specified energy property described
in subsection (d)(9) of such section 1603, any such grant''.
(f) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, in
taxable years ending after such date, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990). | Advanced Biofuel Investment Act of 2010 - Amends the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified advanced biofuel production property. Defines "qualified advanced biofuel production property" as property used exclusively to produce advanced biofuels for sale to unrelated persons. Terminates such credit after 2014.
Amends the American Recovery and Reinvestment Tax Act of 2009 to allow investors in advanced biofuel production property a grant in lieu of a tax credit for investment in such property. Requires grant recipients to reinvest in advanced biofuel production property within 12 months after receipt of a grant payment. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an investment tax credit for advanced biofuel production property."} | 1,112 | 135 | 0.599281 | 1.477443 | 0.695714 | 2.4 | 8.627273 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Handgun Control Act of 1993''.
SEC. 2. PROHIBITION AGAINST THE POSSESSION OF A HANDGUN BY, AND THE
TRANSFER OF A HANDGUN TO, A MINOR, WITH CERTAIN
EXCEPTIONS.
(a) Prohibitions.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1)(A) It shall be unlawful for an individual who has not
attained 18 years of age to possess a handgun.
``(B) Subparagraph (A) shall not apply to the possession of--
``(i) a handgun by an individual while--
``(I) attending a course of instruction in hunter
safety or firearms safety that is conducted by a
certified instructor (within the meaning of
subparagraph (C));
``(II) practicing the use of a firearm or target
shooting in accordance with State and local law; or
``(III) hunting in accordance with State and local
law;
``(ii) an unloaded handgun while traveling to or from an
activity described in clause (i), if the handgun is in a locked
container; or
``(iii) a handgun by an individual on real property that is
owned or leased by a parent or legal guardian of the
individual, with the consent of a parent or legal guardian of
the individual.
``(C) For purposes of subparagraph (B)(i)(I), a course of
instruction in hunter safety or firearms safety is conducted by a
certified instructor if--
``(i)(I) the course of instruction is conducted in a State
in which there are in effect laws and procedures for the
certification of instructors of such a course of instruction;
and
``(II) the instructor of the course is certified, in
accordance with such laws and procedures, to provide such a
course of instruction; or
``(ii)(I) the course of instruction is conducted in a State
not described in clause (i); and
``(II) the instructor is certified by a qualified nonprofit
organization to provide such a course of instruction.
``(D) As used in subparagraph (C)(ii)(II), the term `qualified
nonprofit organization' means a nonprofit organization that--
``(i) has offices in 40 or more States; and
``(ii) provides firearms safety programs which include
training in the safe handling of firearms.
``(2)(A) It shall be unlawful for any person to transfer a handgun
or make a handgun available to an individual who the person knows or
has reasonable cause to believe has not attained 18 years of age,
unless a parent or legal guardian of the individual, who is not
prohibited by law from possessing or receiving a firearm, has consented
to the transfer.
``(B) It shall be unlawful for any person to transfer a handgun or
make a handgun available to an individual who the person knows or has
reasonable cause to believe--
``(i) has not attained 18 years of age; and
``(ii) has been convicted of a crime of violence (as
defined in section 924(c)(3)), or has been found to be a
juvenile delinquent for an offense which would constitute such
a crime if committed by an adult.''.
(b) Handgun Defined.--Section 921(a) of such title is amended by
adding at the end the following:
``(29) The term `handgun' means--
``(A) a firearm the barrel of which, excluding any
revolving, detachable, or magazine breech, does not exceed 12
inches in length; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(c) Penalties.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5)(A) Whoever knowingly violates section 922(s)(1) shall--
``(i) in the case of the 1st such offense, be fined not
more than $10,000, imprisoned not more than 1 year, or both,
and chapter 403 shall apply;
``(ii) in the case of the 2nd such offense, be fined not
more than $20,000, imprisoned not less than 1 year and not more
than 5 years, or both, and chapter 403 shall apply; or
``(iii) in the case of the 3rd such offense, be fined not
more than $50,000, imprisoned not less than 1 year and not more
than 4 years, or both, and chapter 403 shall not apply.
``(B) Whoever willfully violates section--
``(i) 922(s)(2)(A) shall be fined not more than $100,000,
imprisoned not less than 2 years and not more than 5 years, or
both; or
``(ii) 922(s)(2)(B) shall be fined not more than $200,000,
imprisoned not less than 5 years and not more than 10 years, or
both.
``(C) Section 3571 shall not apply to offenses punishable under
this paragraph.''.
(d) Technical Amendment.--Section 5031 of such title is amended by
inserting ``, and a 1st or 2nd violation by such a person of section
922(s)(1)'' before the period. | Youth Handgun Control Act of 1993 - Amends the Federal criminal code to prohibit a handgun from being possessed by or transferred or made available to an individual who has not attained 18 years of age: (1) if the person making the gun available knows or has reasonable cause to believe that the individual has not attained such age and has been convicted of a crime of violence; or (2) has been found to be a juvenile delinquent for an offense which would constitute such a crime if committed by an adult.
Makes exceptions if the handgun is: (1) used to attend a course of instruction in hunter safety or firearms safety that is conducted by a certified instructor; (2) used for practice, target shooting, or hunting in accordance with State and local law; (3) unloaded and locked in a container while traveling to or from the hunter or firearms safety activities; (4) possessed by the individual, with the consent of his or her parent or legal guardian, on real property that is owned or leased by them; or (5) transferred with the consent of the parent or legal guardian of the individual, with an exception.
Prescribes penalties. | {"src": "billsum_train", "title": "Youth Handgun Control Act of 1993"} | 1,314 | 255 | 0.677295 | 1.782186 | 0.650419 | 3.878788 | 4.891775 | 0.891775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Authority for the Use of Military
Force Against the Islamic State of Iraq and the Levant Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The terrorist organization that has referred to itself
as the Islamic State of Iraq and the Levant and various other
names (in this resolution referred to as ``ISIL'') poses a
grave threat to the people and territorial integrity of Iraq
and Syria, regional stability, and the national security
interests of the United States and its allies and partners.
(2) ISIL holds significant territory in Iraq and Syria and
has stated its intention to seize more territory and
demonstrated the capability to do so.
(3) ISIL leaders have stated that they intend to conduct
terrorist attacks internationally, including against the United
States, its citizens, and interests.
(4) ISIL has committed despicable acts of violence and mass
executions against Muslims, regardless of sect, who do not
subscribe to ISIL's depraved, violent, and oppressive ideology.
(5) ISIL has threatened genocide and committed vicious acts
of violence against religious and ethnic minority groups,
including Iraqi Christian, Yezidi, and Turkmen populations.
(6) ISIL has targeted innocent women and girls with
horrific acts of violence, including abduction, enslavement,
torture, rape, and forced marriage.
(7) ISIL is responsible for the deaths of innocent United
States citizens, including James Foley, Steven Sotloff, Abdul-
Rahman Peter Kassig, and Kayla Mueller.
(8) The United States is working with regional and global
allies and partners to degrade and defeat ISIL, to cut off its
funding, to stop the flow of foreign fighters to its ranks, and
to support local communities as they reject ISIL.
(9) The announcement of the anti-ISIL Coalition on
September 5, 2014, during the NATO Summit in Wales, stated that
ISIL poses a serious threat and should be countered by a broad
international coalition.
(10) The United States calls on its allies and partners,
particularly in the Middle East and North Africa, to join the
anti-ISIL Coalition and defeat this terrorist threat.
(11) President Barack Obama, United States military
leaders, and United States allies in the region have made clear
that it is more effective to use the unique capabilities of the
United States Government to support regional partners instead
of large-scale deployments of United States ground forces in
this mission.
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Authorization.--The President is authorized to use the Armed
Forces of the United States as the President determines necessary and
appropriate against ISIL or associated persons or forces as defined in
section 6.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution (50 U.S.C.
1547(a)(1)), Congress declares that this section is intended to
constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)).
(2) Applicability of other requirements.--Nothing in this
Act supersedes any requirements of the War Powers Resolution
(50 U.S.C. 1541 et seq.).
(c) Purpose.--The purpose of this authorization is to protect the
lives of United States citizens and to provide military support to
regional partners in their battle to defeat ISIL. The use of
significant United States ground troops in combat against ISIL, except
to protect the lives of United States citizens from imminent threat, is
not consistent with such purpose.
SEC. 4. DURATION OF AUTHORIZATION.
The authorization for the use of military force under this Act
shall terminate three years after the date of the enactment of this
Act, unless reauthorized.
SEC. 5. REPORTS.
The President shall report to Congress at least once every six
months on specific actions taken pursuant to this authorization.
SEC. 6. ASSOCIATED PERSONS OR FORCES DEFINED.
In this Act, the term ``associated persons or forces''--
(1) means individuals and organizations fighting for, on
behalf of, or alongside ISIL or any closely related successor
entity in hostilities against the United States or its
coalition partners; and
(2) refers to any individual or organization that presents
a direct threat to members of the United States Armed Forces,
coalition partner forces, or forces trained by the coalition,
in their fight against ISIL.
SEC. 7. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ.
The Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is
hereby repealed.
SEC. 8. SOLE STATUTORY AUTHORITY FOR MILITARY ACTION AGAINST ISIL.
This authorization shall constitute the sole statutory authority
for United States military action against the Islamic State of Iraq and
the Levant and associated persons or forces, and supersedes any prior
authorization for the use of military force involving action against
ISIL. | Authority for the Use of Military Force Against the Islamic State of Iraq and the Levant Act This bill authorizes the President to use the U.S. Armed Forces for three years against the Islamic State of Iraq and the Levant (ISIL), any closely related successor entity, or associated persons or forces. This bill shall also constitute the sole statutory authority for U.S. military action against ISIL, superseding any prior authorization for the use of military force against ISIL. The Authorization for Use of Military Force Against Iraq Resolution of 2002 is repealed. | {"src": "billsum_train", "title": "Authority for the Use of Military Force Against the Islamic State of Iraq and the Levant Act"} | 1,171 | 122 | 0.42592 | 1.16538 | 0.611494 | 5.21 | 10.34 | 0.93 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captioning and Image Narration to
Enhance Movie Accessibility Act'' or the ``CINEMA Act''.
SEC. 2. MOVIE THEATER ACCESSIBILITY.
Section 302(b) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12182(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Movie theater accessibility.--
``(A) Definitions.--In this paragraph:
``(i) Closed captioning.--The term `closed
captioning' means a method, process, or
mechanism, which may include a device, that--
``(I) allows an individual who is
deaf or hard of hearing to have access
to the content of a motion picture; and
``(II) allows that access by
displaying, through an individual
device or individually used technology,
all of the audio portion of the motion
picture (including displaying the
dialogue and any narration, as well as
descriptions of on- and off-screen
sounds such as sound effects, music, or
lyrics for music, and information
identifying the character who is
speaking) as text that can be
effectively viewed and controlled by
that individual while the individual
simultaneously watches the motion
picture.
``(ii) Covered entity.--The term `covered
entity' means an entity--
``(I) that operates a complex of 2
or more movie theaters, screening
rooms, or similar venues, at a single
location, that are used for the
exhibition of copyrighted motion
pictures, if such exhibition is open to
the public; and
``(II) whose operations affect
commerce.
``(iii) Open captioning.--The term `open
captioning' means a method, process, or
mechanism that--
``(I) allows an individual who is
deaf or hard of hearing to have access
to the content of a motion picture; and
``(II) allows that access by openly
displaying on the movie screen involved
all of the audio portion of the motion
picture (including displaying the
dialogue and any narration, as well as
descriptions of on- and off-screen
sounds such as sound effects, music, or
lyrics for music, and information
identifying the character who is
speaking) as text that can be
effectively viewed by that individual
and other members of the audience while
the individual and members
simultaneously watch the motion
picture.
``(iv) Video description.--The term `video
description' means a method, process, or
mechanism, including a device, that--
``(I) allows an individual who is
blind or visually impaired to have
access to the key visual elements of a
motion picture (such as actions,
settings, facial expressions, costumes,
and scene changes); and
``(II) allows that access through
the provision of contemporaneous audio
narrated descriptions of those elements
during the natural pauses in the audio
portion of the motion picture, or
during the audio portion if necessary.
``(B) Accessibility.--It shall be discriminatory
for any person who owns, leases (or leases to), or
operates a covered entity to fail to ensure that all
motion pictures shown at the complex involved are
accessible to individuals with disabilities,
including--
``(i) providing, or making available, open
captioning for individuals with disabilities,
including individuals who are deaf or hard of
hearing;
``(ii) providing, or making available,
closed captioning for individuals with
disabilities, including individuals who are
deaf or hard of hearing; and
``(iii) providing, or making available,
video description for individuals with
disabilities, including individuals who are
blind or visually impaired.
``(C) Rule of construction.--Nothing in this Act
shall be construed to limit or prohibit an individual
with a disability from utilizing technology in
connection with a personal device in a manner that may
provide the individual with access to closed
captioning, open captioning, or video description that
is equivalent to or greater than the corresponding
access required under subparagraph (B).''.
SEC. 3. CONFORMING AMENDMENT.
Section 308(a)(2) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(a)(2)) is amended by striking ``and section 303(a)''
and inserting ``, 302(b)(3), and 303(a)''.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 1 year after the date of enactment of this
Act. | Captioning and Image Narration to Enhance Movie Accessibility Act or the CINEMA Act - Amends the Americans with Disabilities Act of 1990 to declare it a discriminatory practice for any person who owns, leases (or leases to), or operates certain movie complexes to fail to ensure that the motion pictures are accessible to individuals with disabilities, including by making open captioning (openly displaying text on the movie screen), closed captioning (displaying text through an individual device), and video description (narrated descriptions) available for individuals who are blind, visually impaired, deaf, hard of hearing, or have other disabilities. Applies this Act to entities operating a complex of at least two movie theaters, screening rooms, or similar venues, at a single location, that are used for the exhibition of copyrighted motion pictures, if such exhibition is open to the public. | {"src": "billsum_train", "title": "CINEMA Act"} | 1,051 | 195 | 0.665748 | 1.87445 | 0.744257 | 4.41358 | 5.925926 | 0.932099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Start Healthy Act of 2012''.
SEC. 2. MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS.
(a) Mandatory Coverage of Certain Newborns.--Section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)) is amended--
(1) by striking ``or'' at the end of subclause (VIII);
(2) by adding ``or'' at the end of subclause (IX); and
(3) by adding at the end the following:
``(X) who are qualified newborns
(as defined in subsection
(e)(16)(A));''.
(b) Deemed Eligibility for Newborns.--Section 1902(e) of such Act
(42 U.S.C. 1396a(e)) is amended by adding at the end the following:
``(16) Deemed eligibility for qualified newborns.--
``(A) Qualified newborn defined.--For purposes of
this section, the term `qualified newborn' means a
child who--
``(i) is born in the United States;
``(ii) is under 1 year of age;
``(iii) is not a child who is deemed
eligible under paragraph (4); and
``(iv) for periods--
``(I) before January 1, 2014, is
not eligible for creditable coverage
under section 2701(c) of the Public
Health Service Act (42 U.S.C.
300gg(c)), as in effect before January
1, 2014, but applied without regard to
subparagraphs (D) and (F) of paragraph
(1) of such section; or
``(II) on or after such date, is
not eligible for minimum essential
coverage, as defined in section
5000A(f)(1) of the Internal Revenue
Code of 1986, but applied without
regard to subparagraph (A)(ii) of such
section.
``(B) Deemed eligibility.--Subject to subparagraph
(C), a child that a State reasonably believes is a
qualified newborn (and thus eligible for medical
assistance under subsection (a)(10)(A)(i)(X)) on the
date of such child's birth shall be deemed to have
applied for medical assistance and to have been found
eligible for such assistance under such plan on the
date of such birth and to remain eligible for such
assistance until such child is one year of age, unless
a State determines that a child is not eligible for
such medical assistance through a redetermination under
subparagraph (D).
``(C) Exception for other coverage.--
``(i) In general.--If, during the period of
eligibility under subparagraph (A), the State
determines that the child is enrolled in a type
of coverage described in subparagraph (A)(iv),
the State may terminate medical assistance for
such child under subsection (a)(10)(A)(i)(X).
``(ii) Limitation.--A State that determines
that a child is eligible for such coverage, but
not enrolled in such coverage, may not
terminate such medical assistance for such
child until such child is enrolled in such
coverage.
``(D) Redeterminations of eligibility.--
``(i) In general.--Subject to clause (ii)
and subparagraph (C)(ii), the State shall
redetermine a child's eligibility for medical
assistance under subsection (a)(10)(A)(i)(X)
not later than 180 days after the date of the
child's birth.
``(ii) Limitation.--If an application is
required for a redetermination under clause
(i), and such application is not received by
the State, and the State reasonably believes
that the child for which such application was
required continues to be a qualified newborn,
the State may not discontinue such child's
eligibility for medical assistance under
subsection (a)(10)(A)(i)(X) on the basis of
such missing application.
``(iii) Reduced fmap for failure to do
timely determination.--The increased Federal
medical assistance percentage provided under
the third sentence of section 1905(b) with
respect to individuals eligible for medical
assistance under section 1902(a)(10)(A)(i)(X)
shall not apply with respect to a child,
beginning 180 days after the date of the
child's birth, for whom a determination is not
made on a timely basis under clause (i), unless
the limitation under clause (ii) applies to
such child.''.
(c) 100 Percent Matching Rate for Temporary Coverage of Certain
Newborns.--
(1) In general.--The third sentence of section 1905(b) of
such Act (42 U.S.C. 1396d(b)) is amended by inserting before
the period at the end the following: ``and, subject to section
1902(e)(16)(E)(iii), for medical assistance for individuals in
one of the 50 States or the District of Columbia eligible for
such assistance under section 1902(a)(10)(A)(i)(X)''.
(2) Application to territories.--Section 1108(g)(4) of such
Act (42 U.S.C. 1308(g)(4)) is amended by adding at the end the
following: ``Payment for medical assistance for an individual
eligible for assistance under section 1902(a)(10)(A)(i)(X)
shall not be taken into account in applying subsection (f) (as
increased in accordance with paragraphs (1), (2), (3), and (4)
of this subsection).''
(d) Conforming Amendment.--Section 1903(f)(4) of such Act (42
U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(i)(X),''
after ``1902(a)(10)(A)(i)(VIII),''.
(e) Technical Amendments.--Section 1902(e) of such Act (42 U.S.C.
1396a(e)) is amended by redesignating the paragraph (14) relating to
exclusion of compensation for participation in a clinical trial for
testing of treatments for a rare disease or condition, as added by
section 3 of the Improving Access to Clinical Trials Act of 2009, as
paragraph (15). Such redesignation shall not be construed to affect the
application of section (3)(e) of the Improving Access to Clinical
Trials Act of 2009 to such paragraph.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to individuals born on or after the day that is 6 months
after the date of the enactment of this Act.
(2) Delay permitted for state plan amendment.--In the case
of a State plan for medical assistance under title XIX of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature. | Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100% federal medical assistance percentage (FMAP) for temporary coverage of such newborns. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program."} | 1,778 | 61 | 0.540141 | 1.239276 | 0.788429 | 2.634615 | 27.480769 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect our Kids Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) deaths from child abuse and neglect are preventable;
(2) deaths from child abuse and neglect are significantly
underreported and there is no national standard for reporting
such deaths;
(3) according to the Child Maltreatment Report of 2011, in
fiscal year 2011, 1,545 children in the United States are
reported to have died from child abuse and neglect, and many
experts believe that the actual number may be significantly
more;
(4) over 42 percent of the number of children in the United
States who die from abuse are under the age of 1, and almost 82
percent are under the age of 4;
(5) of the children who died in fiscal year 2011, 70
percent suffered neglect either exclusively or in combination
with another maltreatment type and 48 percent suffered physical
abuse either exclusively or in combination;
(6) increased understanding of deaths from child abuse and
neglect can lead to improvement in agency systems and practices
to protect children and prevent child abuse and neglect; and
(7) Congress in recent years has taken a number of steps to
reduce child fatalities from abuse and neglect, such as--
(A) providing States with flexibility through the
Child and Family Services Improvement and Innovation
Act of 2011 to operate child welfare demonstration
projects to test services focused on preventing abuse
and neglect and ensuring that children remain safely in
their own homes;
(B) providing funding through the Child and Family
Services Improvement Act of 2006 for services and
activities to enhance the safety of children who are at
risk of being placed in foster care as a result of a
parent's substance abuse;
(C) providing funding through the Fostering
Connections to Success and Increasing Adoptions Act of
2008 for grants to facilitate activities such as family
group decisionmaking meetings and residential family
treatment programs to support parents in caring for
their children; and
(D) requiring States through the Child and Family
Services Improvement and Innovation Act of 2011 to
describe how they will improve the quality of data
collected on fatalities from child abuse and neglect.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission to
Eliminate Child Abuse and Neglect Fatalities (in this Act referred to
as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) Members.--The Commission shall be composed of
12 members, of whom--
(i) 6 shall be appointed by the President;
(ii) 2 shall be appointed by the Speaker of
the House of Representatives;
(iii) 1 shall be appointed by the minority
leader of the House of Representatives;
(iv) 2 shall be appointed by the majority
leader of the Senate; and
(v) 1 shall be appointed by the minority
leader of the Senate.
(B) Qualifications.--Each member appointed under
subparagraph (A) shall have experience in one or more
of the following areas:
(i) child welfare administration;
(ii) child welfare research;
(iii) child development;
(iv) legislation, including legislation
involving child welfare matters;
(v) trauma and crisis intervention;
(vi) pediatrics;
(vii) psychology and mental health;
(viii) emergency medicine;
(ix) forensic pathology or medical
investigation of injury and fatality;
(x) social work with field experience;
(xi) academia at an institution of higher
education, as that term is defined in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001), with a focus on one or more of
the other areas listed under this subparagraph;
(xii) law enforcement, with experience
handling child abuse and neglect matters;
(xiii) civil law, with experience handling
child abuse and neglect matters;
(xiv) criminal law, with experience
handling child abuse and neglect matters;
(xv) substance abuse treatment;
(xvi) education at an elementary school or
secondary school, as those terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(xvii) epidemiology; and
(xviii) computer science or software
engineering with a background in
interoperability standards.
(C) Diversity of qualifications.--In making
appointments to the Commission under subparagraph (A),
the President and the congressional leaders shall make
every effort to select individuals whose qualifications
are not already represented by other members of the
Commission.
(2) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 60 days after the date on
which a majority of the members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study on the use of child protective services and child welfare
services funded under title IV and subtitle A of title XX of
the Social Security Act to reduce fatalities from child abuse
and neglect.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) the effectiveness of the services described in
paragraph (1) and best practices in preventing child
and youth fatalities that are intentionally caused or
that occur due to negligence, neglect, or a failure to
exercise proper care;
(B) the effectiveness of Federal, State, and local
policies and systems within such services aimed at
collecting accurate, uniform data on child fatalities
in a coordinated fashion, including the identification
of the most and least effective policies and systems in
practice;
(C) the current (as of the date of the study)
barriers to preventing fatalities from child abuse and
neglect, and how to improve efficiency to improve child
welfare outcomes;
(D) trends in demographic and other risk factors
that are predictive of or correlated with child
maltreatment, such as age of the child, child behavior,
family structure, parental stress, and poverty;
(E) methods of prioritizing child abuse and neglect
prevention within such services for families with the
highest need; and
(F) methods of improving data collection and
utilization, such as increasing interoperability among
State and local and other data systems.
(3) Materials studied.--The Commission shall review--
(A) all current (as of the date of the study)
research and documentation, including the National
Survey of Child and Adolescent Well-Being and research
and recommendations from the Government Accountability
Office, to identify lessons, solutions, and needed
improvements related to reducing fatalities from child
abuse and neglect; and
(B) recommendations from the Advisory Board on
Child Abuse and Neglect.
(b) Coordination.--The Commission shall provide opportunities for
graduate and doctoral students to coordinate research with the
Commission.
(c) Recommendations.--The Commission shall--
(1) develop recommendations to reduce fatalities from child
abuse and neglect for Federal, State, and local agencies, and
private sector and nonprofit organizations, including
recommendations to implement a comprehensive national strategy
for such purpose; and
(2) develop guidelines for the type of information that
should be tracked to improve interventions to prevent
fatalities from child abuse and neglect.
(d) Report.--
(1) In general.--Not later than 2 years after the date on
which a majority of the members of the Commission have been
appointed, the Commission shall submit a report to the
President and Congress, which shall contain a detailed
statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) Extension.--The President may extend the date on which
the report described in paragraph (1) shall be submitted by an
additional 1 year.
(3) Online access.--The Commission shall make the report
under paragraph (1) available on the publicly available
Internet Web site of the Department of Health and Human
Services.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this Act.
(2) Location.--The location of hearings under paragraph (1)
shall include--
(A) areas with high fatality rates from child abuse
and neglect; and
(B) areas that have shown a decrease in fatalities
from child abuse and neglect.
(3) Subject.--The Commission shall hold hearings under
paragraph (1)--
(A) to examine the Federal, State, and local
policies and available resources that affect fatalities
from child abuse and neglect; and
(B) to explore the matters studied under section
4(a)(2).
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission 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
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission 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.--At the discretion of the
relevant agency, any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the earlier of--
(1) the 30th day after the date on which the Commission
submits its report under section 4(d); or
(2) the date that is 3 years after the initial meeting
under section 3(d).
SEC. 8. FEDERAL AGENCY RESPONSE.
Not later than 6 months after the submission of the report required
under section 4(d), any Federal agency that is affected by a
recommendation described in the report shall submit to Congress a
report containing the response of the Federal agency to the
recommendation and the plans of the Federal agency to address the
recommendation.
SEC. 9. ADJUSTMENT TO THE TANF CONTINGENCY FUND FOR STATE WELFARE
PROGRAMS.
(a) In General.--Section 403(b)(2) of the Social Security Act (42
U.S.C. 603(b)(2)) is amended by striking ``for fiscal years 2011 and
2012'' and all that follows through the end of the paragraph and
inserting ``for fiscal years 2013 and 2014 such sums as are necessary
for payment to the Fund in a total amount not to exceed $612,000,000
for each fiscal year, of which $2,000,000 shall be reserved for
carrying out the activities of the commission established by the
Protect our Kids Act of 2012 to reduce fatalities resulting from child
abuse and neglect.''
(b) Prevention of Duplicate Appropriations for Fiscal Year 2013.--
Expenditures made pursuant to section 148 of the Continuing
Appropriations Resolution, 2013, for fiscal year 2013, shall be charged
to the applicable appropriation provided by the amendments made by this
section for such fiscal year. | Protect Our Kids Act of 2012 - Establishes the Commission to Eliminate Child Abuse and Neglect Fatalities to: (1) study the use of child protective services and child welfare services under titles IV and XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to reduce fatalities from child abuse and neglect; (2) develop recommendations to reduce such fatalities for federal, state, and local agencies, and private sector and nonprofit organizations, including recommendations to implement a comprehensive national strategy for such purpose; and (3) develop guidelines for the type of information that should be tracked to improve interventions to prevent such fatalities.
Requires any federal agency affected by a recommendation to report to Congress its response and plans to address it.
Amends SSA title IV part A (Temporary Assistance for Needy Families) (TANF) to make an adjustment to the Contingency Fund for State Welfare Programs with respect to deposits for FY2013-FY2014, reserving a specified amount for Commission activities. | {"src": "billsum_train", "title": "A bill to establish a commission to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect."} | 2,903 | 223 | 0.50677 | 1.50687 | 0.796946 | 4.057592 | 14.450262 | 0.91623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum Act
of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Women's History Museum was established--
(A) to research and present information relating to
the historic contributions that women have made to all
aspects of human endeavor; and
(B) to explore and present in a fair and balanced
way information relating to the contributions that
women have made to the United States through the
various roles that women have assumed in families and
in society;
(2) in March 1999, the President's Commission on the
Celebration of Women in American History--
(A) concluded that ``efforts to implement an
appropriate celebration of women's history in the next
millennium should include the designation of a focal
point for women's history in our nation's capital . .
.''; and
(B) cited the efforts of the National Women's
History Museum toward the achievement of that goal;
(3) through the establishment of a national reference
center, the National Women's History Museum would be able to
collect and preserve documents, publications, and research
relating to women;
(4) through the promotion of imaginative educational
approaches that are designed to enhance the understanding and
appreciation of historic contributions by women, the National
Women's History Museum would foster educational programs
relating to the historical contributions that were made by
women to society;
(5) the National Women's History Museum would publicly
display temporary and permanent exhibits that illustrate,
interpret, and demonstrate the historic contributions of women;
(6) the National Women's History Museum would attract
approximately 1,500,000 visitors to the District of Columbia
each year; and
(7) the National Women's History Museum would promote
economic activity in the District of Columbia by--
(A) creating jobs;
(B) increasing visitor spending on hotels, meals,
and transportation; and
(C) generating tax revenue for the District of
Columbia.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Commission.--The term ``Commission'' means the National
Capital Planning Commission.
(3) Federal triangle development area.--The term ``Federal
Triangle development area'' has the meaning given the term
``development area'' in section 6711 of title 40, United States
Code.
(4) Museum sponsor.--The term ``Museum Sponsor'' means the
National Women's History Museum, Inc., that--
(A) is a nonprofit organization, as described in
section 501(c)(3) of the Internal Revenue Code of 1986;
and
(B) in 1996, was incorporated in the District of
Columbia.
(5) Net proceeds.--The term ``net proceeds'' means the
amount obtained by subtracting--
(A) the sum of all costs incurred by the
Administrator relating to the occupancy agreement; from
(B) the sum of all amounts received by the
Administrator relating the occupancy agreement.
(6) Old post office.--The term ``Old Post Office'' means
the building and surrounding land that is--
(A) commonly known as the ``Old Post Office''; and
(B) located--
(i) in Washington, District of Columbia;
(ii) at 1100 Pennsylvania Avenue, N.W.; and
(iii) in the northwest corner of a parcel
of land bounded by--
(I) Pennsylvania Avenue, N.W.;
(II) 10th Street, N.W.;
(III) Constitution Avenue, N.W.;
and
(IV) 12th Street, N.W.
(7) Pavilion annex.--The term ``Pavilion Annex'' means the
building and surrounding land that is--
(A) commonly known as the ``Pavilion Annex''; and
(B) located--
(i) in Washington, District of Columbia;
(ii) adjacent to the Old Post Office;
(iii) on Pennsylvania Avenue, N.W., to the
east of 11th Street N.W.; and
(iv) on a parcel of land bounded on 3 sides
by buildings operated by the Internal Revenue
Service.
SEC. 4. OCCUPANCY AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
Administrator shall enter into an occupancy agreement with the Museum
Sponsor to allow the Museum Sponsor to locate a National Women's
History Museum at the Pavilion Annex.
(b) Term of Occupancy Agreement.--
(1) Length of term.--
(A) In general.--Subject to subparagraph (B), the
term of the occupancy agreement shall be negotiated
between the Administrator and the Museum Sponsor.
(B) Maximum term.--The term of the occupancy
agreement shall extend for a period of not more than 99
years.
(2) Termination.--The occupancy agreement shall permit the
Administrator to terminate the occupancy agreement if, as
determined by the Administrator, the Pavilion Annex is placed
at risk by--
(A) casualty;
(B) financial nonperformance; or
(C) any other appropriate circumstance, as
determined by the Administrator.
(c) Rent.--
(1) In general.--The Museum Sponsor shall pay to the
Administrator rent in an amount equal to the fair market rental
value of the Pavilion Annex, as determined by a method
described in paragraph (2).
(2) Determination of fair market rental value.--The fair
market rental value of the Pavilion Annex shall be determined
in a manner consistent with--
(A) an agreement negotiated between the
Administrator and the Museum Sponsor; or
(B) an appraisal of the Pavilion Annex, in
accordance with instructions agreed to by the
Administrator and the Museum Sponsor.
(d) Operation of Adjacent Real Property and Buildings.--At the
discretion of the Administrator, the occupancy agreement shall include
terms and conditions that--
(1) regardless of use, allow for the unimpeded operation
(including the provision of security) of any adjacent real
property or building; and
(2) to meet the operational requirements of any adjacent
real property or building, reserve the rights of the
Administrator to a certain quantity of square footage in the
Pavilion Annex.
(e) Initial Renovation and Modification.--
(1) In general.--Any activity relating to the renovation or
modification of the Pavilion Annex shall--
(A) be the sole responsibility of the Museum
Sponsor;
(B) be carried out by the Museum Sponsor, in
consultation with the Administrator, using only non-
Federal funds;
(C) be commenced not later than 5 years after the
date on which the Administrator has entered into an
occupancy agreement with the Museum Sponsor under
section 4(a);
(D) be carried out consistent with a master plan
that is--
(i) developed by the Museum Sponsor; and
(ii) approved by the Administrator;
(E) be carried out in accordance with all
applicable laws (including regulations) and ordinances;
and
(F) as determined by the Administrator, enhance or
improve the Pavilion Annex consistent with the
requirements of--
(i) the National Women's History Museum;
(ii) the Old Post Office;
(iii) any adjacent real property or
building; and
(iv) the Federal Triangle development area.
(f) Operation and Maintenance.--
(1) Responsibility.--Until the date on which the occupancy
agreement is terminated, the Museum Sponsor shall be solely
responsible for the operation and maintenance (including
repairs and alterations) of the Pavilion Annex.
(2) Maintenance obligations.--To ensure that the Pavilion
Annex is maintained in a manner consistent with the prominent
location of the Pavilion Annex, the Museum Sponsor shall
promptly perform any necessary exterior maintenance, as
determined by the Administrator.
(g) Additional Terms and Conditions.--The occupancy agreement shall
contain such additional terms and conditions that the Administrator
considers to be appropriate.
(h) Relationship to Other Laws.--
(1) In general.--Subject to paragraph (2), the authority of
the Administrator under this section shall not be subject to--
(A) section 525 or 549 of title 40, United States
Code; or
(B) any other Federal law.
(2) Exception.--The authority of the Administrator under
this section shall be subject to any Federal law relating to
environmental or historical preservation.
(i) Authority of Commission.--Nothing in this Act--
(1) limits the authority of the Commission; or
(2) affects the authority of the Commission relating to the
development of the Federal Triangle development area.
SEC. 5. FEDERAL PARTICIPATION.
(a) Non-Federal Share.--The non-Federal share of any cost relating
to the establishment, construction, maintenance, or operation of the
National Women's History Museum shall be 100 percent.
(b) Use of Private Funds.--The Museum Sponsor shall raise private
funds to pay for any cost relating to--
(1) the initial modification and renovation of the Pavilion
Annex; and
(2) the operation and maintenance of the National Women's
History Museum, including any service necessary to ensure the
preservation and operation of the National Women's History
Museum, as determined by the Administrator.
(c) Improvements.--On the date on which the occupancy agreement
terminates, any improvement to the Pavilion Annex shall be considered
to be the property of the United States.
SEC. 6. USE OF NET PROCEEDS.
The Administrator shall deposit any net proceeds in the Federal
Buildings Fund established under section 592 of title 40, United States
Code, to be used for the real property capital needs of the General
Services Administration, in accordance with annual appropriations Acts.
SEC. 7. REPORT.
(a) In General.--If, on the date that is 180 days after the date of
enactment of this Act, the Administrator has not entered into an
occupancy agreement with the Museum Sponsor under section 4(a), not
later than 240 days after the date of enactment of this Act, the
Administrator shall submit a report containing the information
described in subsection (b) to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Committee on Oversight and Government Reform of the
House of Representatives.
(b) Contents.--The report submitted by the Administrator under
subsection (a) shall contain--
(1) a summary of any unresolved issue between the
Administrator and the Museum Sponsor relating to the occupancy
agreement; and
(2) an analysis of the position of the Administrator
relating to any unresolved issue summarized under paragraph
(1). | National Women's History Museum Act of 2007 - Requires the Administrator of General Services to enter into an occupancy agreement with the National Women's History Museum, Inc. (Museum Sponsor) to allow the Museum Sponsor to locate a National Women's History Museum, at the Pavilion Annex (the building and specified surrounding land in Washington, D.C.), which shall extend for a period of not more than 99 years. | {"src": "billsum_train", "title": "A bill to provide a site for the National Women's History Museum in Washington, District of Columbia, and for other purposes."} | 2,326 | 94 | 0.535348 | 1.5158 | 0.003171 | 5.371795 | 28 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Families in Substance
Abuse Treatment Act''.
SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN A
LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR
SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42 U.S.C.
672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed residential
family-based treatment facility, but only to the extent
permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section shall be eligible for
the payments for a period of not more than 12 months during
which the child is placed with a parent who is in a licensed
residential family-based treatment facility for substance
abuse, but only if--
``(A) the recommendation for the placement is
specified in the child's case plan before the
placement;
``(B) the treatment facility provides, as part of
the treatment for substance abuse, parenting skills
training, parent education, and individual and family
counseling; and
``(C) the substance abuse treatment, parenting
skills training, parent education, and individual and
family counseling is provided under an organizational
structure and treatment framework that involves
understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Payment amount.--The amount the State may receive
under section 474(a)(1) for a child placed with a parent who is
in a licensed residential family-based treatment facility for
substance abuse shall not exceed the amount the State would
otherwise be eligible to receive under such section based on
where the child would be appropriately placed in a setting
described in section 472(a)(2)(C) if such treatment setting
were not available.
``(3) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph (1),
only the children who satisfy the requirements of paragraphs
(1)(B) and (3) of subsection (a) shall be considered to be
children with respect to whom foster care maintenance payments
are made under this section for purposes of subsection (h) or
section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C.
674(a)(1)) is amended by inserting ``subject to section 472(j),''
before ``an amount equal to the Federal'' the first place it appears.
SEC. 3. EFFECTIVE DATE.
(a) Effective Dates.--Subject to subsection (b), the amendments
made by this Act shall take effect on October 1, 2017.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part E
of title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be
regarded as failing to comply with the requirements of such
part solely on the basis of the failure of the plan to meet
such additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of the session shall be deemed to be a separate
regular session of the State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this Act (whether the tribe,
organization, or tribal consortium has a plan under section
479B of the Social Security Act or a cooperative agreement or
contract entered into with a State), the Secretary shall
provide the tribe, organization, or tribal consortium with such
additional time as the Secretary determines is necessary for
the tribe, organization, or tribal consortium to take the
action to comply with the additional requirements before being
regarded as failing to comply with the requirements.
Passed the House of Representatives June 20, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Supporting Families in Substance Abuse Treatment Act (Sec. 2) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to provide that the removal and foster care placement of a child shall meet the requirements for foster care maintenance payments on the child's behalf if the child has been placed with a parent residing in a licensed residential family-based treatment facility. Placement with such a parent shall meet these requirements only if: the placement recommendation is specified in the child's case plan before the placement; the treatment facility offers, as part of substance abuse treatment, parenting skills training, parent education, and individual and family counseling; and this training and counseling are delivered under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma, and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions, to address the consequences of trauma and facilitate healing. The bill specifies the amount the state may receive for a child placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. | {"src": "billsum_train", "title": "Supporting Families in Substance Abuse Treatment Act"} | 1,103 | 248 | 0.73188 | 2.101176 | 0.845625 | 4.612613 | 4.522523 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) under 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.), Congress approved the Pick-Sloan
Missouri River Basin program--
(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 purpose of the Oahe Irrigation Project was to meet
the requirements of that Act by providing irrigation above
Sioux City, Iowa;
(3) the principle features of the Oahe Irrigation Project
included--
(A) a system of main canals, including the Pierre
Canal, running east from the Oahe Reservoir; and
(B) the establishment of regulating reservoirs,
including the Blunt Dam and Reservoir, located
approximately 35 miles east of Pierre, South Dakota;
(4) land to establish the Pierre Canal and Blunt Reservoir
was purchased from willing sellers between 1972 and 1977, when
construction on the Oahe Irrigation Project was halted;
(5) since 1978, the Commissioner of Reclamation has
administered the land--
(A) on a preferential lease basis to original
landowners or their descendants; and
(B) on a nonpreferential lease basis to other
persons;
(6) the 2 largest reservoirs created by the Pick-Sloan
Missouri River Basin Program, Lake Oahe and Lake Sharpe, caused
the loss of approximately 221,000 acres of fertile, wooded
bottomland in South Dakota that constituted some of the most
productive, unique, and irreplaceable wildlife habitat in the
State;
(7) the State of South Dakota has developed a plan to meet
the Federal obligation under the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.) to mitigate the loss of wildlife
habitat, the implementation of which is authorized by section
602 of title VI of Public Law 105-277 (112 Stat. 2681-660); and
(8) it is in the interests of the United States and the
State of South Dakota to--
(A) provide original landowners or their
descendants with an opportunity to purchase back their
land; and
(B) transfer the remaining land to the State of
South Dakota to allow implementation of its habitat
mitigation plan.
SEC. 3. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe
Irrigation Project authorized by section 9 of the Act of
December 22, 1944 (58 Stat. 891, chapter 665), as part of the
Pick-Sloan Missouri River Basin Program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State of South
Dakota.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is under lease to a person other than a
preferential leaseholder as of the date of enactment of
this Act.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Irrigation
Project authorized by section 9 of the Act of December 22, 1944
(58 Stat. 891, chapter 665), as part of the Pick-Sloan Missouri
River Basin Program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a leaseholder of a parcel of land who is--
(A) the person from whom the Secretary purchased
the parcel for use in connection with the Blunt
Reservoir feature or the Pierre Canal feature;
(B) the original operator of the parcel at the time
of acquisition; or
(C) a descendant of a person described in
subparagraph (A) or (B).
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is under lease to a preferential leaseholder as
of the date of enactment of this Act.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Conveyance.--The Secretary shall convey all of the preferential
lease parcels to the Commission, without consideration, on the
condition that the Commission honor the purchase option provided to
preferential leaseholders under subsection (d).
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Commission the preferential lease
parcel that is the subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on 1 of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) 10 percent of that value.
(ii) Installment purchase, with 20 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(i).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 10 years after the date of
the conveyance under subsection (c) to exercise the
option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Commission the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
conveyance.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be determined to be, at the election of
the preferential leaseholder--
(i) the amount that is equal to--
(I) the number of acres of the
preferential lease parcel; multiplied
by
(II) the amount of the per-acre
assessment of adjacent parcels made by
the Director of Equalization of the
county in which the preferential lease
parcel is situated; or
(ii) the amount of a valuation of the
preferential lease parcel for agricultural use
made by an independent appraiser.
(B) Cost of appraisal.--If a preferential
leaseholder elects to use the method of valuation
described in subparagraph (A)(ii), the cost of the
valuation shall be paid by the preferential
leaseholder.
(5) Conveyance to the state of south dakota.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Commission shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Of the proceeds of sales of land
under this subsection--
(A) not more than $500,000 shall be used to
reimburse the Secretary for expenses incurred in
implementing this Act;
(B) an amount not exceeding 10 percent of the cost
of each transaction conducted under this Act shall be
used to reimburse the Commission for expenses incurred
implementing this Act;
(C) $3,095,000 shall be deposited in the South
Dakota Wildlife Habitat Mitigation Trust Fund
established by section 603 of division C of Public Law
105-277 (112 Stat. 2681-663) for the purpose of paying
property taxes on land transferred to the State of
South Dakota;
(D) $100,000 shall be provided to Hughes County,
South Dakota, for the purpose of supporting public
education;
(E) $100,000 shall be provided to Sully County,
South Dakota, for the purpose of supporting public
education; and
(F) the remainder shall be used by the Commission
to support public schools in the State of South Dakota.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) In general.--The Secretary shall convey to the South
Dakota Department of Game, Fish, and Parks the nonpreferential
lease parcels and unleased parcels of the Blunt Reservoir and
Pierre Canal.
(2) Wildlife habitat mitigation.--Land conveyed under
paragraph (1) shall be used by the South Dakota Department of
Game, Fish, and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the development
of the Pick-Sloan project.
(f) Land Exchanges for Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) In general.--With the concurrence of the South Dakota
Department of Game, Fish, and Parks, the South Dakota
Commission of Schools and Public Lands may allow a person to
exchange land that the person owns elsewhere in the State of
South Dakota for a nonpreferential lease parcel or unleased
parcel at Blunt Reservoir or Pierre Canal, as the case may be.
(2) Priority.--The right to exchange nonpreferential lease
parcels or unleased parcels shall be granted in the following
order of priority:
(A) Exchanges with current lessees for
nonpreferential lease parcels.
(B) Exchanges with adjoining and adjacent
landowners for unleased parcels and nonpreferential
lease parcels not exchanged by current lessees.
(g) Easement for Irrigation Pipe.--A preferential leaseholder that
purchases land at Pierre Canal or exchanges land for land at Pierre
Canal shall to allow the State of South Dakota to retain an easement on
the land for an irrigation pipe.
(h) Funding of the South Dakota Terrestrial Wildlife Habitat
Restoration Trust Fund.--Section 603(b) of title VI of Public Law 105-
277 (112 Stat. 2681-663) is amended by striking ``$108,000,000'' and
inserting ``$111,095,000''. | Blunt Reservoir and Pierre Canal Land Conveyance Act of 1999 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program.
Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to convey all of the preferential lease parcels to the Commission of Schools and Public Lands of South Dakota, on the condition that the Commission honor the purchase option provided to preferential leaseholders under this Act.
Requires a preferential leaseholder to have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. Permits a preferential leaseholder to elect to purchase a parcel on one of the following terms: (1) cash purchase for the amount that is equal to the value of the parcel minus ten percent of that value; or (2) installment purchase, with 20 percent of the value of the parcel to be paid on the purchase date and the remainder to be paid over no more than 30 years at three percent annual interest. Provides that if the value of the parcel is under $10,000, the purchase shall be made on a cash basis. Provides for such leaseholders to have until ten years after the date of the conveyance to exercise such option. Requires the Commission, if a preferential leaseholder fails to purchase a parcel within such period, to convey the parcel to the State of South Dakota Department of Game, Fish, and Parks to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.
Sets forth the uses of proceeds from such land sales.
Directs the Secretary, through the Commissioner, to convey to the Department the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to be used for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.
Authorizes the Commission, with the Department's concurrence, to allow a person to exchange land that the person owns elsewhere in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal.
Requires a preferential leaseholder that purchases land at Pierre Canal or exchanges land for land at the Canal to allow the State of South Dakota to retain an easement on the land for an irrigation pipe. | {"src": "billsum_train", "title": "Blunt Reservoir and Pierre Canal Land Conveyance Act of 1999"} | 2,595 | 545 | 0.587364 | 2.222866 | 0.70941 | 5.574944 | 5.069351 | 0.935123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Defined Benefit
Plans Act of 2005''.
SEC. 2. RULES RELATING TO REDUCTION IN ACCRUED BENEFITS BECAUSE OF
ATTAINMENT OF ANY AGE.
(a) Amendment to Internal Revenue Code of 1986.--Subparagraph (H)
of section 411(b)(1) of the Internal Revenue Code of 1986 (relating to
continued accrual beyond normal retirement age) is amended--
(1) by striking the heading and inserting the following:
``Rules relating to reduction in accrued benefits because of
attainment of any age.--''; and
(2) by adding at the end the following:
``(vi) Comparison to similarly situated,
younger individuals.--
``(I) In general.--A defined
benefit plan under which the accrued
benefit payable under the plan upon
distribution (or any portion thereof)
is expressed as the balance of an
account maintained for the participant
shall not be treated as age
discriminatory under the rules set
forth in this subsection if the
participant's accrued benefit under the
plan, as determined as of any date
under the formula as set forth in the
plan documents, would be equal to or
greater than that of any similarly
situated younger individual.
``(II) Similarly situated
individual.--For purposes of this
clause, an individual is similarly
situated to a participant if such
individual is identical to such
participant in every respect (including
period of service, compensation,
position, date of hire, work history,
and any other respect) except for
age.''.
(b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 204(b)(1)(H) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1054(b)(1)(H)) is amended by adding at the end
the following new clause:
``(vii)(I) A defined benefit plan under which the accrued
benefit payable under the plan upon distribution (or any
portion thereof) is expressed as the balance of an account
maintained for the participant shall not be treated as age
discriminatory under the rules set forth in this subsection if
the participant's accrued benefit under the plan, as determined
as of any date under the formula as set forth in the plan
documents, would be equal to or greater than that of any
similarly situated younger individual.
``(II) For purposes of this clause, an individual is
similarly situated to a participant if such individual is
identical to such participant in every respect (including
period of service, compensation, position, date of hire, work
history, and any other respect) except for age.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning before, on, or after the date of the
enactment of this Act.
SEC. 3. DETERMINATIONS OF ACCRUED BENEFIT AS BALANCE OF BENEFIT
ACCOUNT.
(a) Amendment to Internal Revenue Code of 1986.--Subsection (a) of
section 411 of the Internal Revenue Code of 1986 (relating to minimum
vesting standards) is amended by adding at the end the following new
paragraph:
``(13) Maintenance of nonforfeitability of benefits
expressed as account balance.--
``(A) In general.--A defined benefit plan under
which the accrued benefit payable under the plan upon
distribution (or any portion thereof) is expressed as
the balance of an account maintained for the
participant shall not be treated as failing to meet the
requirements of paragraph (2) or 417(e) solely because
of the amount actually made available for such
distribution under the terms of the plan, in any case
in which--
``(i) the applicable interest rate that
would be required to discount the participant's
accrued benefit projected under the terms of
the plan to normal retirement age to a present
value equal to the amount actually made
available for distribution under the plan is
not greater than
``(ii) a market rate of return.
``(B) Regulations.--The Secretary may provide by
regulation for rules governing the calculation of a
market rate of return for purposes of subparagraph (A)
and for permissible methods of crediting interest to
the account (including variable interest rates)
resulting in effective rates of return meeting the
requirements of subparagraph (A).''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 203 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1053) is amended by adding at the end the following new
subsection:
``(f)(1) A defined benefit plan under which the accrued benefit
payable under the plan upon distribution (or any portion thereof) is
expressed as the balance of an account maintained for the participant
shall not be treated as failing to meet the requirements of subsection
(a)(2) and section 205(g) solely because of the amount actually made
available for such distribution under the terms of the plan, in any
case in which--
``(A) the applicable interest rate that would be required
to discount the participant's accrued benefit projected under
the terms of the plan to normal retirement age to a present
value equal to the amount actually made available for
distribution under the plan is not greater than
``(B) a market rate of return.
``(2) The Secretary of the Treasury may provide by regulation for
rules governing the calculation of a market rate of return for purposes
of paragraph (1) and for permissible methods of crediting interest to
the account (including variable interest rates) resulting in effective
rates of return meeting the requirements of paragraph (1).''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 4. AGE DISCRIMINATION PROTECTIONS FOR PENSION PLAN PARTICIPANTS
FROM CASH BALANCE CONVERSIONS.
(a) Amendment to Internal Revenue Code of 1986.--Section 411 of the
Internal Revenue Code of 1986 (relating to special rules) is amended by
adding at the end the following new subsection:
``(f) Age Discrimination Safe Harbor Rules for Certain Plan
Conversions.--
``(1) Age discrimination.--An applicable plan amendment
adopted by a defined benefit plan shall not be treated as
satisfying the requirements of this section unless the opening
account balance of each participant under the plan after the
adoption of the amendment is equal to at least the present
value of the participant's retirement benefit at age 65 before
the effective date of the amendment, determined under the terms
of the plan as in effect immediately before the effective date.
``(2) Applicable plan amendment.--For purposes of this
subsection, the term `applicable plan amendment' means a plan
amendment which has the effect of converting a defined benefit
plan to a plan under which the accrued benefit is expressed to
participants and beneficiaries as an amount other than an
annual benefit commencing at normal retirement age (or which
has a similar effect as determined under regulations of the
Secretary under subsection (b)(1)(I)(iv)).
``(3) Special transition rules.--
``(A) In general.--Paragraph (1) shall not apply
with respect to an applicable plan amendment adopted on
or after January 1, 1997, and before November 9, 2005,
until the date which is 2 years after the date of the
enactment of this subsection.
``(B) Participants separated from service before
enactment.--A participant who is separated from service
before November 9, 2005, need not be taken into account
for purposes of applying paragraph (1) until the date
which is 3 years after the date of the enactment of
this subsection.''.
(b) Employee Retirement Income Security Act of 1974.--Section 203
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053)
is amended by adding at the end the following new subsection:
``(f)(1) An applicable plan amendment adopted by a defined benefit
plan shall not be treated as satisfying the requirements of this
section unless the opening account balance of each participant under
the plan after the adoption of the amendment is equal to at least the
present value of the participant's retirement benefit at age 65 before
the effective date of the amendment, determined under the terms of the
plan as in effect immediately before the effective date.
``(2) For purposes of this subsection, the term `applicable plan
amendment' means a plan amendment which has the effect of converting a
defined benefit plan to a plan under which the accrued benefit is
expressed to participants and beneficiaries as an amount other than an
annual benefit commencing at normal retirement age (or which has a
similar effect as determined under regulations of the Secretary of the
Treasury under subsection (b)(1)(I)(iv)).
``(3)(A) Paragraph (1) shall not apply with respect to an
applicable plan amendment adopted on or after January 1, 1997, and
before November 9, 2005, until the date which is 2 years after the date
of the enactment of this subsection.
``(B) A participant who is separated from service before November
9, 2005, need not be taken into account for purposes of applying
paragraph (1) until the date which is 3 years after the date of the
enactment of this subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. WEAR AWAY PROTECTIONS IN PENSION PLAN CASH BALANCE CONVERSIONS.
(a) Amendment to Internal Revenue Code of 1986.--Section 411 of the
Internal Revenue Code of 1986 (relating to special rules), as amended
by section 4, is amended by adding at the end the following new
subsection:
``(g) Treatment of Plan Amendments Wearing Away Accrued Benefit.--
``(1) In general.--An applicable plan amendment adopted by
a defined benefit plan shall not be treated as satisfying the
requirements of this section unless the applicable plan
amendment meets the requirements of paragraphs (2) and (3).
``(2) Wear away prevented.--For purposes of paragraph (1),
an applicable plan amendment meets the requirements of this
paragraph if, under the terms of the plan after the adoption of
the amendment, the accrued benefit of the participant at any
time is not less than the sum of--
``(A) the participant's accrued benefit for years
of service before the effective date of the amendment,
determined under the terms of the plan as in effect
immediately before the effective date, plus
``(B) the participant's accrued benefit determined
under the formula applicable to benefit accruals under
the current plan as applied to years of service after
such effective date.
``(3) Employer choice of method to protect certain
participants.--For purposes of paragraph (1), an applicable
plan amendment meets the requirements of this paragraph if the
plan to be amended provides each participant who has at least
10 years of service (as determined under subsection (a)) under
the plan at the time such amendment takes effect and is within
5 years of eligibility for retirement under the plan with one
of the following:
``(A) Participant election to maintain rate of
accrual in effect before plan amendment.--Each such
participant--
``(i) is provided with notice of the plan
amendment, including a comparison of the
present and projected values of the accrued
benefit determined both with and without regard
to the plan amendment, and
``(ii) may elect upon retirement to either
receive benefits under the terms of the plan as
in effect at the time of retirement or to
receive benefits under the terms of the plan as
in effect immediately before the effective date
of such plan amendment (taking into account all
benefit accruals under such terms since such
date).
``(B) Benefits of amended plan do not decrease.--
For each such participant, the benefits after the plan
amendment takes effect are not less than the greatest
benefits the participant would have received by reason
of the election described in subparagraph (A)(ii).
``(C) Maintenance of effort.--For each such
participant, for at least the first 5 years after the
plan amendment takes effect, benefits under the terms
of the plan as in effect immediately before the
effective date of such plan amendment (taking into
account all benefit accruals under such terms since
such date).
``(4) Definitions.--For purposes of this subsection--
``(A) Applicable plan amendment.--The term
`applicable plan amendment' has the meaning given such
term by subsection (f).
``(B) Protected accrued benefit.--An accrued
benefit shall include any early retirement benefit or
retirement-type subsidy (within the meaning of
subsection (d)(6)(B)(i)), but only with respect to a
participant who satisfies (either before or after the
effective date of the amendment) the conditions for the
benefit or subsidy under the terms of the plan as in
effect immediately before such date.''.
(b) Employee Retirement Income Security Act of 1974.--Section 203
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1053), as amended by section 4, is amended by adding at the end the
following new subsection:
``(g)(1) An applicable plan amendment adopted by a defined benefit
plan shall not be treated as satisfying the requirements of this
section unless the applicable plan amendment meets the requirements of
paragraphs (2) and (3).
``(2) For purposes of paragraph (1), an applicable plan amendment
meets the requirements of this paragraph if, under the terms of the
plan after the adoption of the amendment, the accrued benefit of the
participant at any time is not less than the sum of--
``(A) the participant's accrued benefit for years of
service before the effective date of the amendment, determined
under the terms of the plan as in effect immediately before the
effective date, plus
``(B) the participant's accrued benefit determined under
the formula applicable to benefit accruals under the current
plan as applied to years of service after such effective date.
``(3) For purposes of paragraph (1), an applicable plan amendment
meets the requirements of this paragraph if the plan to be amended
provides each participant who has at least 10 years of service (as
determined under subsection (a)) under the plan at the time such
amendment takes effect and is within 5 years of eligibility for
retirement under the plan with one of the following:
``(A) Each such participant--
``(i) is provided with notice of the plan
amendment, including a comparison of the present and
projected values of the accrued benefit determined both
with and without regard to the plan amendment, and
``(ii) may elect upon retirement to either receive
benefits under the terms of the plan as in effect at
the time of retirement or to receive benefits under the
terms of the plan as in effect immediately before the
effective date of such plan amendment (taking into
account all benefit accruals under such terms since
such date).
``(B) For each such participant, the benefits after the
plan amendment takes effect are not less than the greatest
benefits the participant would have received by reason of the
election described in subparagraph (A)(ii).
``(C) For each such participant, for at least the first 5
years after the plan amendment takes effect, benefits under the
terms of the plan as in effect immediately before the effective
date of such plan amendment (taking into account all benefit
accruals under such terms since such date).
``(4) For purposes of this subsection--
``(A) The term `applicable plan amendment' has the meaning
given such term by subsection (f).
``(B) An accrued benefit shall include any early retirement
benefit or retirement-type subsidy (within the meaning of
subsection (d)(6)(B)(i)), but only with respect to a
participant who satisfies (either before or after the effective
date of the amendment) the conditions for the benefit or
subsidy under the terms of the plan as in effect immediately
before such date.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any amendment to a plan adopted after the date of
the enactment of this Act. | Preservation of Defined Benefit Plans Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require all defined benefit pension plans, including hybrid plans such as a cash balance plan, to comply with certain rules, in cases of reduction in accrued benefits because of attainment of any age, in order to be deemed nondiscriminatory as to age.
Provides certain wear-away protections with respect to the accrued benefits of participants in defined benefit pension plans during conversions to cash balance plans. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for protections with respect to the accrued benefits of participants during conversions of pension plans to cash balance plans."} | 3,556 | 121 | 0.536165 | 1.407117 | 0.612958 | 2.722772 | 33.267327 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stronger Tobacco Warning Labels To
Save Lives Act''.
SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.
(a) Amendment.--The Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting
the following:
``SEC. 4. LABELING.
``(a) General Rule.--
``(1) Label on package.--It shall be unlawful for any
person to manufacture, package, or import for sale or
distribution within the United States any cigarettes the
package of which fails to bear, in accordance with the
requirements of this section, a warning label.
``(2) Label in advertising.--It shall be unlawful for any
manufacturer or importer of cigarettes to advertise or cause to
be advertised within the United States any cigarette unless the
advertising bears, in accordance with the requirements of this
section, one of the warning labels required under paragraph
(1).
``(b) Regulations.--Not later than 1 year after the date of
enactment of the Stronger Tobacco Warning Labels To Save Lives Act, the
Secretary shall promulgate regulations describing the warning labels
required under subsection (a).
``(c) Content of Label.--The regulations promulgated under
subsection (b) shall ensure that the text of each warning label
required under subsection (a) consists of the following:
``(1) 1 or more of the following statements:
``(A) WARNING: Cigarettes Are Highly Addictive.
``(B) WARNING: Tobacco Smoke Can Harm Your
Children.
``(C) WARNING: Cigarettes Cause Fatal Lung Disease.
``(D) WARNING: Cigarettes Cause Cancer.
``(E) WARNING: Cigarettes Cause Fatal Heart
Disease.
``(F) WARNING: Cigarettes Cause Strokes.
``(G) WARNING: Smoking During Pregnancy Can
Seriously Harm Your Baby.
``(H) WARNING: Smoking Can Kill You.
``(I) WARNING: Tobacco Smoke Causes Fatal Lung
Disease in Nonsmokers.
``(J) WARNING: Quitting Smoking Now Greatly Reduces
Serious Risks To Your Health.
``(K) WARNING: Children See, Children Do--Your
Children are Twice as Likely to Smoke if You Do.
``(2) At the election of the Secretary, such additional
statement as the Secretary determines effective in deterring
smoking.
``(d) Graphics.--
``(1) In general.--The regulations promulgated under
subsection (b) shall ensure that each warning label required
under subsection (a) contains a color graphic (such as a
picture) that illustrates or emphasizes the message of the text
of the corresponding warning label.
``(2) Contents.--The graphics described in paragraph (1)
shall enhance the message of the text of the warning label and
shall include a color picture of 1 of the following:
``(A) A diseased lung, heart, or mouth.
``(B) An individual suffering from addiction.
``(C) Children watching an adult smoke a cigarette.
``(D) An individual adversely affected by
secondhand smoke from a cigarette, such as a pregnant
woman or infant.
``(e) Requirements for Products.--
``(1) Location.--The text of each warning label required
under subsection (a)(1) shall be located on the upper portion
of the front panel of the cigarette package (such as a carton)
and occupy not less than 50 percent of such front panel.
``(2) Type and color.--Each label statement required under
subsection (a)(1) shall be printed in at least 17 point type
with adjustments as determined appropriate by the Secretary.
All the letters in the label statement shall appear in
conspicuous and legible type, appear in contrast by typography,
layout, or color with all other printed material on the
package, and be printed in a black-on-white or white-on-black
format as determined appropriate by the Secretary.
``(f) Requirements for Advertising.--
``(1) Location.--The text of each warning label required
under subsection (a)(2) shall occupy not less than 50 percent
of the area of the advertisement involved.
``(2) Type and color.--
``(A) Type.--Each label statement required under
subsection (a)(2) shall be printed in a point type that
is not less than the following types:
``(i) With respect to whole page
advertisements on broadsheet newspaper--45
point type.
``(ii) With respect to half page
advertisements on broadsheet newspaper--39
point type.
``(iii) With respect to whole page
advertisements on tabloid newspaper--39 point
type.
``(iv) With respect to half page
advertisements on tabloid newspaper--27 point
type.
``(v) With respect to double page spread
magazine advertisements--31.5 point type.
``(vi) With respect to whole page magazine
advertisements--31.5 point type.
``(vii) With respect to 28 cm x 3 column
advertisements--22.5 point type.
``(viii) With respect to 20 cm x 2 column
advertisements--15 point type.
``(B) Type size revisions.--The Secretary may
revise the required type sizes described in
subparagraph (A) as the Secretary determines
appropriate within the 50 percent requirement described
in paragraph (1).
``(C) Color.--All the letters in the label
statement shall appear in conspicuous and legible type,
appear in contrast by typography, layout, or color with
all other printed material in the advertisement, and be
printed in alternating black-on-white and white-on-
black formats as determined appropriate by the
Secretary.
``(g) Rotation of Label Statements.--
``(1) In general.--Except as provided in paragraph (2), the
label statements required under paragraph (1) or (2) of
subsection (a) shall be rotated by each manufacturer or
importer of cigarettes covered by that paragraph quarterly in
alternating sequence on packages of each brand of the
cigarettes and in the advertisements for each such brand of
cigarettes, in accordance with a plan submitted by the
manufacturer or importer and approved by the Federal Trade
Commission. The Federal Trade Commission shall approve such a
plan submitted by a manufacturer or importer of cigarettes that
will provide the rotation required under this subsection and
that assures that all of the label statements required under
subsection (a) will be displayed by the manufacturer or
importer at the same time.
``(2) Application of other rotation requirements.--
``(A) Application.--
``(i) In general.--A manufacturer or
importer of cigarettes may apply to the Federal
Trade Commission to have the label rotation
described in subparagraph (C) apply with
respect to a brand style of cigarettes
manufactured or imported by such manufacturer
or importer if--
``(I) the number of cigarettes of
such brand style sold or distributed by
the manufacturer or importer in the
fiscal year preceding the submission of
the application is less than \1/4\ of 1
percent of all the cigarettes sold in
the United States in such year; and
``(II) more than \1/2\ of the
cigarettes manufactured or imported by
such manufacturer or importer for sale
or distribution in the United States
are packaged into brand styles that
meet the requirements of subclause (I).
``(ii) Approval.--If such an application is
approved by the Commission, the label rotation
described in subparagraph (C) shall apply with
respect to the applicant during the 1-year
period beginning on the date of the approval of
the application.
``(B) Plan.--An applicant manufacturer or importer
under subparagraph (A) shall include in its application
a plan under which the label statements required under
subsection (a) shall be rotated by the applicant in
accordance with the label rotation described in
subparagraph (C).
``(C) Other rotation requirements.--Under the label
rotation that the manufacturer or importer with such an
approved application may put into effect, each of the
label statements specified in subsection (c)(1) shall
appear on the packages of each brand style of
cigarettes with respect to which the application was
approved an equal number of times within the 1-year
period beginning on the date of the approval of the
application.
``(h) Application of Requirement.--Subsection (a) does not apply to
a distributor or a retailer of cigarettes who does not manufacture,
package, or import cigarettes for sale or distribution within the
United States.
``(i) Cigars; Pipe Tobacco.--
``(1) In general.--The Secretary shall promulgate such
regulations as may be necessary to establish warning labels for
cigars and pipe tobacco. Such regulations shall--
``(A) require content-specific messages regarding
health hazards posed by cigars and pipe tobacco;
``(B) include graphics for such content messages,
as required under subsection (d); and
``(C) be formatted in a clear and unambiguous
manner, as required under subsection (e)(2).
``(2) Definitions.--In this subsection:
``(A) Cigar.--The term `cigar' means any roll of
tobacco wrapped in leaf tobacco or in any substance
containing tobacco (other than any roll of tobacco that
is a cigarette or cigarillo).
``(B) Pipe tobacco.--The term `pipe tobacco' means
any loose tobacco that, because of the appearance,
type, packaging, or labeling of such tobacco, is likely
to be offered to, or purchased by, consumers as a tobacco to be smoked
in a pipe.''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of enactment of this section.
SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH
EDUCATION ACT OF 1986.
(a) Amendment.--The Comprehensive Smokeless Tobacco Health
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking
section 3 and inserting the following:
``SEC. 3. SMOKELESS TOBACCO WARNING.
``(a) General Rule.--
``(1) Label on package.--It shall be unlawful for any
person to manufacture, package, or import for sale or
distribution within the United States any smokeless tobacco
product unless the product package bears, in accordance with
the requirements of this section, a warning label.
``(2) Label in advertising.--It shall be unlawful for any
manufacturer or importer of smokeless tobacco products to
advertise or cause to be advertised within the United States
any smokeless tobacco product unless the advertising bears, in
accordance with the requirements of this Act, one of the
warning labels required under paragraph (1).
``(b) Regulations.--Not later than 1 year after the date of
enactment of the Stronger Tobacco Warning Labels To Save Lives Act, the
Secretary shall promulgate regulations describing the warning labels
required under subsection (a).
``(c) Content of Label.--The regulations promulgated under
subsection (b) shall ensure that the text of each warning label
required under subsection (a) consists of the following:
``(1) 1 or more of the following statements:
``(A) WARNING: This Product May Cause Mouth Cancer.
``(B) WARNING: This Product May Cause Gum Disease
and Tooth Loss.
``(C) WARNING: This Product Is Not a Safe
Alternative to Cigarettes.
``(D) WARNING: Smokeless Tobacco Is Highly
Addictive.
``(2) At the election of the Secretary, such additional
statement as the Secretary determines effective in deterring
the use of smokeless tobacco.
``(d) Graphics.--
``(1) In general.--The regulations promulgated under
subsection (b) shall ensure that each warning label required
under subsection (a) contains a color graphic (such as a
picture) that illustrates or emphasizes the message of the text
of the corresponding warning label.
``(2) Contents.--The graphics described in paragraph (1)
shall enhance the message of the text of the warning label and
shall include a color picture of 1 of the following:
``(A) A diseased mouth or other physical effect of
using a smokeless tobacco product.
``(B) An individual using a smokeless tobacco
product.
``(C) Children watching an adult use a smokeless
tobacco product.
``(e) Requirements for Products.--
``(1) Location.--The text of each warning label required
under subsection (a)(1) shall be located on the principal
display panel of the product and occupy not less than 50
percent of such panel.
``(2) Type and color.--Each label statement required under
subsection (a)(1) shall be printed in at least 17 point type
with adjustments as determined appropriate by the Secretary to
reflect the length of the required statement. All the letters
in the label statement shall appear in conspicuous and legible
type, appear in contrast by typography, layout, or color with
all other printed material on the package, and be printed in
alternating black-on-white and white-on-black formats as
determined appropriate by the Secretary.
``(f) Requirements for Advertising.--The provisions of section 4(f)
of the Federal Cigarette Labeling and Advertising Act (15 U.S.C.
1333(f)) shall apply to labels in advertisements required under
subsection (a)(2).
``(g) Rotation of Label Statements.--The provisions of section
4(g)(1) of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333(g)(1)) shall apply to labels on packages and labels in
advertisements required under paragraphs (1) and (2), respectively, of
subsection (a).
``(h) Application of Requirement.--Subsection (a) does not apply to
a distributor or a retailer of smokeless tobacco products who does not
manufacture, package, or import such products for sale or distribution
within the United States.
``(i) Television and Radio Advertising.--It shall be unlawful to
advertise a smokeless tobacco product or cigars on any medium of
electronic communications subject to the jurisdiction of the Federal
Communications Commission.''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of enactment of this section. | Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless there is, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front panel of the cigarette package (such as a carton) or on the principal display panel of the smokeless tobacco package.Lists, in the amendments to each Act, certain statements, at least one of which a warning label on a package must contain. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan. | {"src": "billsum_train", "title": "A bill to amend the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to require warning labels for tobacco products."} | 3,301 | 188 | 0.609908 | 1.603916 | 0.870386 | 4.779221 | 19.292208 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunger Free Summer for Kids Act of
2015''.
SEC. 2. ALTERNATIVE OPTIONS FOR PROGRAM DELIVERY.
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended--
(1) in subsection (a), by adding at the end the following:
``(13) Alternative options for program delivery.--
``(A) In general.--To reach children that do not
have readily available access to meals provided under
this section, the Secretary shall establish 2
alternative options for program delivery, including
summer food service program meals delivered through--
``(i) an electronic benefit card (referred
to this paragraph as an `EBT card') in
accordance with subparagraph (C); and
``(ii) off-site consumption in accordance
with subparagraph (D).
``(B) Purpose.--The Secretary shall design and
implement the alternative options described in
subparagraph (A) so as--
``(i) to increase program effectiveness and
efficiency;
``(ii) to improve child nutrition; and
``(iii) to reduce food insecurity among
children.
``(C) Electronic benefit transfer card.--
``(i) In general.--As an alternative to the
meals provided by eligible service institutions
and private nonprofit organizations at
congregate feeding sites, the Secretary shall
establish an option for States, beginning in
summer 2018, to issue EBT cards to children
eligible to participate in the program.
``(ii) Amount.--
``(I) In general.--Subject to
subclause (III), the value of an EBT
card under this subparagraph shall be
$30, less administrative expenses, for
each child.
``(II) Annual limitation.--No child
may receive more than $100 under this
subparagraph in any 12-month period.
``(III) Adjustment.--Each January
1, the Secretary shall adjust the value
described in subclause (I) by the same
percentage as the adjustment made under
subsection (b)(1)(B).
``(iii) Timing of issuance.--EBT cards
under this subparagraph may be used only when
school is out of session for the summer period,
as defined by the Secretary.
``(iv) Use of benefits.--
``(I) In general.--An EBT card
issued under this subparagraph may be
used only for the purchase of food from
retail stores approved for
participation in the special
supplemental nutrition program for
women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
``(II) Benefit redemption.--A
retail store shall redeem EBT card
benefits under this subparagraph in the
same manner as benefit redemption under
the special supplemental nutrition
program described in subclause (I).
``(v) Administration.--In administering the
alternative option described in clause (i), the
Secretary shall ensure that--
``(I) EBT cards are issued only to
children residing--
``(aa) in a rural area, as
defined by the Secretary; or
``(bb) outside an area in
which poor economic conditions
exist;
``(II) EBT cards are not issued in
an area in which congregate feeding
sites are operating until the date on
which the Secretary promulgates a
regulation to prevent duplication in
benefits received;
``(III) not more than 2.5 percent
of the amount of benefits described in
clause (ii)(I) is used for
administrative expenses;
``(IV) EBT cards are issued to
children only through an application
process developed by the Secretary; and
``(V) EBT cards are issued only to
children who have been determined to be
eligible for free or reduced price
school meals under this Act and the
Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
``(D) Off-site consumption.--
``(i) In general.--The Secretary shall
establish an option for service institutions,
beginning in summer 2018, to provide summer
food service program meals for children
eligible to participate in the program to
consume off-site.
``(ii) Availability.--The option described
in clause (i) shall be available to children
only when at least 1 of the following
conditions is present:
``(I) The child lives in a rural
area, as defined by the Secretary.
``(II) The child lives outside an
area in which poor economic conditions
exist.
``(III) The program is available to
the child at a congregate feeding site
but--
``(aa) the site is closed
due to extreme weather
conditions;
``(bb) violence or other
public safety concerns in the
area prevent the child from
traveling safely to the site;
``(cc) the site is only
open 4 or fewer days a week; or
``(dd) the site only
provides 1 meal per day.
``(iii) Administration.--In administering
the alternative option described in clause (i),
the Secretary shall ensure that--
``(I) when providing meals under
the condition described in clause
(ii)(III)(cc), the number of meals
served to each child in a single meal
service is limited to 2 meals; and
``(II) any meal served meets the
same standards for safety and quality
as a meal served at a congregate
feeding site.
``(E) Scope.--In implementing the alternative
options described in subparagraph (A), the Secretary
shall--
``(i) permit States to operate either
alternative option but prohibit States from
operating both alternative delivery options
simultaneously in the same area; and
``(ii) permit States to implement either
alternative option in some or all eligible
areas in a State.
``(F) Program integrity.--Not later than October 1,
2017, the Secretary shall promulgate regulations, with
an opportunity for notice and comment, to ensure the
integrity of the 2 alternative options for program
delivery described in this paragraph.''; and
(2) in subsection (n)--
(A) by striking ``and (6)'' and inserting ``(6)'';
and
(B) by striking the period at the end and inserting
``; and (7) the plans of the State for using 1 or both
of the alternative options for program delivery
described in subsection (a)(13).''. | Hunger Free Summer for Kids Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to establish electronic benefit (EBT) cards and off-site consumption as two alternative delivery options for schools and service institutions in the summer food service program for children. These options shall be available to a child only if the child lives either in a rural area or outside of an area in which poor economic conditions exist, or, in the case of off-site consumption, if the summer program is available to the child at a congregate feeding site but the site is inaccessible, as specified by the bill. A state may not operate the EBT card option and the off-site consumption option simultaneously in the same area. Each state desiring to participate in the summer food service program shall include in its annual management and administration plan the state's plans for using one or both of these alternative delivery options. | {"src": "billsum_train", "title": "Hunger Free Summer for Kids Act of 2015"} | 1,442 | 192 | 0.664541 | 1.804794 | 0.809298 | 2.897143 | 7.811429 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Phantom Fuel Reform Act''.
SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(i) In general.--Not later than''; and
(2) by adding at the end the following:
``(ii) Estimation method.--
``(I) In general.--In determining
any estimate under clause (i), with
respect to the following calendar year,
of the projected volume of cellulosic
biofuel production (as described in
paragraph (7)(D)(i)), the Administrator
of the Energy Information
Administration shall--
``(aa) for each cellulosic
biofuel production facility
that is producing (and
continues to produce)
cellulosic biofuel during the
period of January 1 through
October 31 of the calendar year
in which the estimate is made
(in this clause referred to as
the `current calendar year')--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during such
period; and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year;
and
``(bb) for each cellulosic
biofuel production facility
that begins initial production
of (and continues to produce)
cellulosic biofuel after
January 1 of the current
calendar year--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during the
period beginning on the
date of initial
production of
cellulosic biofuel by
the facility and ending
on October 31 of the
current calendar year;
and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year.
``(II) Total production.--An
estimate under clause (i) with respect
to the following calendar year of the
projected volume of cellulosic biofuel
production (as described in paragraph
(7)(D)(i)), shall be equal to the total
of the estimated annual volumes of
cellulosic biofuel production for all
cellulosic biofuel production
facilities described in subclause (I)
for the current calendar year.''.
(b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) is amended by--
(1) striking ``based on the'' and inserting ``using the
exact'';
(2) striking ``may'' and inserting ``shall''; and
(3) striking ``same or a lesser volume'' and inserting
``same volume''. | Phantom Fuel Reform Act - Amends the Clean Air Act to revise the renewable fuel program by requiring the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel to be sold or introduced into commerce in the next year, to determine for each facility producing such biofuel during the current year: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31, and (2) the estimated annualized volume of biofuel production for such facility for the current year based on such average monthly production. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. | {"src": "billsum_train", "title": "Phantom Fuel Reform Act"} | 762 | 246 | 0.735006 | 2.071118 | 0.866604 | 1.98995 | 3.221106 | 0.844221 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Goods Job Growth and
Competitiveness Act of 2001''.
SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR
BUSINESS.
(a) In General.--Except as otherwise provided in this Act--
(1) no civil action may be filed against the manufacturer
or seller of a durable good for damage to property arising out
of an accident involving that durable good if the accident
occurred more than 18 years after the date on which the durable
good was delivered to its first purchaser or lessee; and
(2) no civil action may be filed against the manufacturer
or seller of a durable good for damages for death or personal
injury arising out of an accident involving that durable good
if the accident occurred more than 18 years after the date on
which the durable good was delivered to its first purchaser or
lessee and if--
(A) the claimant has received or is eligible to
receive worker compensation; and
(B) the injury does not involve a toxic harm
(including, but not limited to, any asbestos-related
harm).
(b) Exceptions.--
(1) In general.--A motor vehicle, vessel, aircraft, or
train, that is used primarily to transport passengers for hire
shall not be subject to this Act.
(2) Certain express warranties.--This Act does not bar a
civil action against a defendant who made an express warranty
in writing as to the safety or life expectancy of a specific
product which was longer than 18 years, except that this Act
shall apply at the expiration of that warranty.
(3) Aviation limitations period.--This Act does not affect
the limitations period established by the General Aviation
Revitalization Act of 1994 (49 U.S.C. 40101 note).
(4) Actions involving the environment.--Subsection (a)(1)
does not supersede or modify any statute or common law that
authorizes an action for civil damages, cost recovery, or any
other form of relief for remediation of the environment (as
defined in section 101(8) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(8)).
(c) Effect on State Law; Preemption.--Subject to subsection (b),
this Act preempts and supersedes any State law that establishes a
statute of repose to the extent such law applies to actions covered by
this Act. Any action not specifically covered by this Act shall be
governed by applicable State law.
(d) Transitional Provision Relating to Extension of Repose
Period.--To the extent that this Act shortens the period during which a
civil action could be otherwise brought pursuant to another provision
of law, the claimant may, notwithstanding this Act, bring the action
not later than 1 year after the date of the enactment of this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' means any person who
brings an action covered by this Act and any person on whose
behalf such an action is brought. If such an action is brought
through or on behalf of an estate, the term includes the
claimant's decedent. If such an action is brought through or on
behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(2) Durable good.--The term ``durable good'' means any
product, or any component of any such product, which--
(A)(i) has a normal life expectancy of 3 or more
years; or
(ii) is of a character subject to allowance for
depreciation under the Internal Revenue Code of 1986;
and
(B) is--
(i) used in a trade or business;
(ii) held for the production of income; or
(iii) sold or donated to a governmental or
private entity for the production of goods,
training, demonstration, or any other similar
purpose.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, any other territory or possession of the
United States, and any political subdivision of any of the
foregoing.
SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act without
regard to whether the damage to property or death or personal injury at
issue occurred before such date of enactment.
(b) Application of Act.--This Act shall not apply with respect to
civil actions commenced before the date of the enactment of this Act. | Workplace Goods Job Growth and Competitiveness Act of 2001 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 18 years after it was delivered to its first purchaser or lessee for: (1) damage to property arising out of an accident involving such good; or (2) damages for death or personal injury arising out of an accident involving such good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, all asbestos-related harm). Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product which was longer than 18 years (except that this Act shall apply at the expiration of such warranty); and (2) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment. | {"src": "billsum_train", "title": "To establish a statute of repose for durable goods used in a trade or business."} | 1,067 | 246 | 0.742011 | 2.269022 | 0.934562 | 6.204444 | 4.248889 | 0.977778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire-Damaged Home Rebuilding Act of
2013''.
SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS.
Section 1315(a) of the National Flood Insurance Act of 1968 (42
U.S.C. 4022(a)) is amended by adding at the end the following:
``(3) Allowable local variances for certain residential
structures.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered area' means an area
having special flood hazards that--
``(I) is or will be protected by a
levee system--
``(aa) that meets or will
meet the requirements
established under section 65.10
of title 44, Code of Federal
Regulations, or any successor
thereto; and
``(bb) with respect to
which adequate progress toward
the repair, replacement, or
construction of the levee
system has been made, provided
that such progress is
acceptable to the
Administrator; and
``(II) absent the protection
provided by the levee system, is
subject to significant base flood
elevations of not less than a
reasonable height, as determined by the
Administrator;
``(ii) the term `eligible structure' means
a residential structure that--
``(I) is located in a covered area;
and
``(II) is substantially damaged by
a fire or other disaster, not including
a flood; and
``(iii) the term `substantially damaged',
with respect to a structure, means a structure
that incurs substantial damage, as that term is
defined in section 59.1 of title 44, Code of
Federal Regulations, or any successor thereto.
``(B) Authorization for variances.--Notwithstanding
any other provision of this title, the adequate land
use and control measures required to be adopted in an
area (or subdivision thereof) pursuant to paragraph (1)
may permit an appropriate State or local authority to
grant a variance described in subparagraph (C).
``(C) Requirements for variances.--A variance
described in this subparagraph is a variance from
compliance with the adequate land use and control
measures required to be adopted in an area (or
subdivision thereof) pursuant to paragraph (1) that
allows for the repair and restoration of an eligible
structure to its predamaged condition without elevation
of the structure, after an appropriate State or local
authority determines that--
``(i) the repaired and restored structure
will be located on the same site as the
structure was located before being
substantially damaged by a fire or other
disaster, not including a flood;
``(ii) the footprint of the repaired and
restored structure will not exceed the
footprint of the original structure;
``(iii) the number of floors of the
repaired and restored structure will not exceed
the number of floors of the original structure;
``(iv) the elevation of the repaired and
restored structure will be consistent with
existing construction in the neighborhood;
``(v) no claims payments have been made
under flood insurance coverage under this title
for damages to or loss of the structure;
``(vi) the owner of the structure has owned
the structure continually from before the time
of the damage described in clause (i); and
``(vii) the repair and restoration of the
structure is for the purpose of occupancy by
the owner of the structure.
``(D) Maximum number of variances.--During any
calendar year, an appropriate State or local authority
may not grant more than 10 variances in accordance with
this paragraph for an area (or subdivision thereof).
``(E) Prohibition.--The Administrator may not--
``(i) find that land use and control
measures are inadequate or inconsistent with
the comprehensive criteria for land management
and use under section 1361 because the land use
and control measures permit the granting of a
variance in accordance with this paragraph; or
``(ii) suspend an area (or subdivision
thereof) from participation in the national
flood insurance program or place an area (or
subdivision thereof) on probation under the
national flood insurance program because the
area has adopted land use and control measures
that permit the granting of a variance in
accordance with this paragraph.''.
SEC. 3. PREMIUM RATES.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C.
4015) is amended by adding at the end the following:
``(j) Prohibition on Lowering Premium Rate for Structures Rebuilt
Pursuant to Certain Variances.--Notwithstanding any other provision of
this title, after the repair and restoration of a residential structure
pursuant to a variance granted in accordance with section 1315(a)(3),
the chargeable premium rate for the structure may not be lower than the
rate that otherwise would apply to the structure if the structure had
not been substantially damaged by a fire or other disaster, not
including a flood, and repaired and restored pursuant to the
variance.''. | Fire Damaged Home Rebuilding Act of 2013 - Amends the National Flood Insurance Act of 1968 to allow local variances for certain residential structures substantially damaged by a fire or other disaster, not including a flood. Permits state or local authorities, upon making certain determinations, to grant a variance from compliance with certain mandatory adequate land use and control measures to allow repair and restoration of an eligible structure to its pre-damaged condition without elevation of the structure. Includes among such determinations that: (1) the repaired and restored structure will be located on the same site as it was before being substantially damaged, and (2) the number of floors of the restored structure will not exceed the number of floors of the original structure. Restricts the maximum number of such variances to 10 during any calendar year. Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from either: (1) finding that land use and control measures are inadequate or inconsistent with the comprehensive criteria for land management and use because they permit granting the variances identified under this Act; or (2) suspending an area or subdivision from participation in the national flood insurance program, or placing it on probation, because its land use and control measures provide for such variances. Prohibits the chargeable flood insurance premium rate for a residential structure granted a variance under this Act from being lower than the rate that otherwise would apply if such structure had not been substantially damaged by a fire or other disaster (except a flood) and repaired and restored pursuant to the variance. | {"src": "billsum_train", "title": "Fire-Damaged Home Rebuilding Act of 2013"} | 1,115 | 320 | 0.607605 | 1.763146 | 0.853559 | 3.665529 | 3.576792 | 0.894198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TRICARE Continuity of Coverage for
National Guard and Reserve Families Act of 2008''.
SEC. 2. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED
RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-
REGULAR RETIREMENT BUT ARE NOT YET AGE 60.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE standard coverage for certain
members of the Retired Reserve who are qualified for a
non-regular retirement but are not yet age 60
``(a) Eligibility.--(1) Except as provided in paragraph (2), a
member of the Retired Reserve of a Reserve component of the Armed
Forces who is qualified for a non-regular retirement at age 60 under
chapter 1223, but is not age 60, is eligible for health benefits under
TRICARE Standard as provided in this section.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.
``(b) Termination of Eligibility Upon Obtaining Other TRICARE
Standard Coverage.--Eligibility for TRICARE Standard coverage of a
member under this section shall terminate upon the member becoming
eligible for TRICARE Standard coverage at age 60 under section 1086 of
this title.
``(c) Family Members.--While a member of a Reserve component is
covered by TRICARE Standard under the section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member. If a member of a Reserve
component dies while in a period of coverage under this section, the
eligibility of the members of the immediate family of such member for
TRICARE Standard coverage under this section shall continue for the
same period of time that would be provided under section 1086 of this
title if the member had been eligible at the time of death for TRICARE
Standard coverage under such section (instead of under this section).
``(d) Premiums.--(1) A member of a Reserve component covered by
TRICARE Standard under this section shall pay a premium for that
coverage.
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Standard coverage of members
without dependents and one premium for TRICARE Standard coverage of
members with dependents referred to in subsection (f)(1). The premium
prescribed for a coverage shall apply uniformly to all covered members
of the Reserve components covered under this section.
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be the amount equal
to the cost of coverage that the Secretary determines on an appropriate
actuarial basis.
``(4) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(5) 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.
``(e) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(f) Definitions.--In this section:
``(1) The term `immediate family', with respect to a member
of a Reserve component, means all of the member's dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
``(2) The term `TRICARE Standard' means--
``(A) medical care to which a dependent described
in section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the
authority of section 1079(a) of this title and subject
to the same rates and conditions as apply to persons
covered under that section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1076d the following new item:
``1076e. TRICARE program: TRICARE standard coverage for certain members
of the Retired Reserve who are qualified
for a non-regular retirement but are not
yet age 60.''.
(c) Effective Date.--Section 1076e of title 10, United States Code,
as inserted by subsection (a), shall apply to coverage for months
beginning on or after October 1, 2009, or such earlier date as the
Secretary of Defense may specify. | TRICARE Continuity of Coverage for National Guard and Reserve Families Act of 2008 - Makes a member of the Retired Reserve who is qualified for a non-regular (reserve) retirement at age 60, but is not yet 60, eligible for health benefits under TRICARE Standard (a Department of Defense (DOD) managed health care program for members of the reserves). Terminates such eligibility when the member becomes eligible for TRICARE Standard at age 60.
Includes immediate family members under such coverage.
Requires members to pay a premium for such coverage. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for continuity of TRICARE Standard coverage for certain members of the Retired Reserve."} | 1,113 | 129 | 0.70583 | 1.649811 | 0.611233 | 3.192308 | 9.442308 | 0.903846 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cabin Fee Act of
2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cabin user fees.
Sec. 4. Cabin transfer fees.
Sec. 5. Right of appeal and judicial review.
Sec. 6. Consistency with other law and rights.
Sec. 7. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorization.--The terms ``authorized'' and
``authorization'' refer to the issuance of a special use permit
for the use and occupancy of National Forest System land
derived from the public domain by a cabin owner under the
Recreation Residence Program.
(2) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence and related improvements on National
Forest System land derived from the public domain that is
authorized for private use and occupancy and may be sold or
transferred between private parties.
(3) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the Secretary to use and
to occupy a cabin on National Forest System land
derived from the public domain; and
(B) a trust or an heir or assigns of such a person.
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee paid to the United States upon the transfer of a
cabin between private parties for money or other consideration
that also includes issuance of a new permit.
(5) Cabin user fee.--The term ``cabin user fee'' means an
annual fee paid to the United States by a cabin owner pursuant
to an authorization for the use and occupancy of a cabin on
National Forest System land derived from the public domain.
(6) Current appraisal cycle.--The term ``current appraisal
cycle'' means the completion of Forest Service review and
acceptance of initial typical lot appraisals or second
appraisals if ordered by cabin owners and approved by the
Forest Service.
(7) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee, which results from
an annual adjustment to the prior cabin user fee under section
3(d).
(8) Lot.--The term ``lot'' means a parcel of National
Forest System land derived from the public domain on which a
person is authorized to build, use, occupy, and maintain a
cabin.
(9) National forest system land.--The term ``National
Forest System land'' is limited to National Forest System land
derived from the public domain.
(10) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established pursuant to the last paragraph under the heading
``Forest service'' in the Act of March 4, 1915 (38 Stat. 1101,
chapter 144; 16 U.S.C. 497).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(12) Typical lot.--The term ``typical lot'' means a cabin
lot, or group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 3. CABIN USER FEES.
(a) Payment of Cabin User Fees.--A cabin user fee shall be paid
annually by the cabin owner.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in the manner required by this subsection.
(2) Assignment to value tiers.--Upon completion of the
current appraisal cycle, as required by paragraph (4), the
Secretary shall assign each permitted lot on National Forest
System land to 1 of 9 tiers based on the following:
(A) All appraised lot values shall be adjusted, or
normalized, for price changes from its date of value
according to the national NAHB/Wells Fargo Housing
Opportunity Index prior to tier assignment.
(B) Second appraisal values approved by the Forest
Service shall supersede initial lot appraisal values
for the normalization and ranking process under
subparagraph (A).
(C) The tiers shall be established, on a national
basis, according to relative lot value, with lots
having the lowest adjusted appraised value assigned to
Tier 1 and lots having the highest adjusted appraised
value assigned to Tier 9.
(D) The number of lots (by percentage) assigned to
each tier is specified in the table contained in
paragraph (3).
(E) Data from incomplete appraisals may not be used
to establish the fee tiers.
(F) Until assigned to a tier, permitted cabin lots,
including lots with incomplete appraisals, are assigned
an interim fee of $4,500 or their current annual fee,
indexed in accordance with subsection (d), whichever is
less.
(3) Table of initial cabin user fees.--The initial cabin
user fees, based on the assignments made by the Secretary under
paragraph (2) are as follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 not to exceed 8% $500
------------------------------------------------------------------------
Tier 2 not to exceed 12% $1,000
------------------------------------------------------------------------
Tier 3 not to exceed 12% $1,500
------------------------------------------------------------------------
Tier 4 not to exceed 14% $2,000
------------------------------------------------------------------------
Tier 5 at least 14% $2,500
------------------------------------------------------------------------
Tier 6 not to exceed 14% $3,000
------------------------------------------------------------------------
Tier 7 not to exceed 12% $3,500
------------------------------------------------------------------------
Tier 8 not to exceed 8% $4,000
------------------------------------------------------------------------
Tier 9 not to exceed 6% $4,500.
------------------------------------------------------------------------
(4) Deadline for completion of current appraisal cycle.--
The Secretary shall complete the current appraisal cycle within
three years after the date of the enactment of this Act.
(5) Effective date.--The initial cabin user fees required
by this subsection shall take effect beginning with the first
calendar year beginning after the completion of the current
appraisal cycle.
(c) Overpayments or Underpayments.--If, upon assignment to a tier
under subsection (b), the Secretary determines that the fee charged to
a cabin owner during the preceding 3 years resulted in an overpayment
or underpayment of the fee due under the tier system totaling more than
$500, the fee for the next three years shall be adjusted, if such a fee
adjustment is requested by the Secretary or by the affected cabin
owner, as necessary to correct the overpayment or underpayment.
(d) Annual Adjustments of Cabin User Fee.--The Secretary shall use
changes in the Implicit Price Deflator for the Gross Domestic Product
published by the Bureau of Economic Analysis of the Department of
Commerce, applied on a 5-year rolling average, to determine and apply
an annual adjustment to cabin user fees.
(e) Effect of Destruction, Substantial Damage, or Loss of Access.--
If a cabin is destroyed or suffers substantial damage amounting to
greater than 50 percent of replacement cost, or if access to a cabin is
significantly impaired, whether by catastrophic events, natural causes
or governmental actions, such that the cabin is rendered unsafe or
unable to be occupied as a result, the Secretary shall reduce the cabin
user fee for the affected lot to $100 per year. This fee shall be in
effect for the remainder of the year in which the destruction occurs
and until such time as the cabin may be lawfully reoccupied and normal
access has been restored.
SEC. 4. CABIN TRANSFER FEES.
(a) Payment of Cabin Transfer Fees.--In conjunction with the
transfer of ownership of any cabin and the issuance of a new permit,
the transferor shall file with the Secretary a sworn statement
declaring the amount of money or other value received, if any, for the
transfer of the cabin. As a condition of the issuance by the Secretary
of a new authorization for the use and occupancy of the cabin, the
transferor shall pay, or cause to be paid, to the Secretary a cabin
transfer fee in an amount determined as follows:
----------------------------------------------------------------------------------------------------------------
Consideration Received by Transfer Transfer Fee Amount
----------------------------------------------------------------------------------------------------------------
$0 to $250,000 $1,000
----------------------------------------------------------------------------------------------------------------
$250,000.01 to $500,000.00 $1,000 plus 5% of consideration in excess of $250,000
up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above $1,000 plus 5% of consideration in excess of $250,000
up to $500,000 plus 10% of consideration in excess of
$500,000.
----------------------------------------------------------------------------------------------------------------
(b) Index.--The Secretary shall use changes in the Implicit Price
Deflator for the Gross Domestic Product published by the Bureau of
Economic Analysis of the Department of Commerce, applied on a 5-year
rolling average, to determine and apply an annual adjustment to the
cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set
forth in the table contained in subsection (a).
SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--Notwithstanding any action of a cabin owner
to exercise rights in accordance with section 6, the Secretary shall by
regulation grant the cabin owner the right to an administrative appeal
of the determination of a new cabin user fee, fee tier, transfer fee,
or whether or not to reduce a cabin user fee under section 3(e). Such
appeal shall be pursuant to the appeal process provided under subpart C
(Appeal of Decisions Relating to Occupancy and Use of National Forest
System Lands) of part 251 of title 36, Code of Federal Regulations
(section 251.80 et seq.).
(b) Judicial Review.--A cabin owner that contests a final decision
of the Secretary under this Act may bring a civil action in United
States district court. The venue for actions brought before the United
States District Court shall be in the United States Judicial District
where the cabin is located or the permit holder resides. Nothing in
this Act precludes the parties from seeking mediation.
SEC. 6. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Rights of the United States.--Nothing in this
Act limits or restricts any right, title, or interest of the United
States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in
the State of Alaska, the Secretary shall not establish or impose a
cabin user fee or a condition affecting a cabin user fee that is
inconsistent with 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 7. REGULATIONS.
The Secretary shall promulgate regulations to carry out this Act
not later than December 31, 2012. | Cabin Fee Act of 2010 - Defines: (1) "cabin user fee" as the annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain; (2) "cabin owner" as a person authorized to use and occupy a cabin on National Forest System land derived from the public domain or a trust, or an heir or assignee of such a person; and (3) "cabin" as a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties.
Requires the payment of an annual "cabin user fee" by a "cabin owner."
Directs the Secretary of Agriculture (USDA) to set such fee.
Requires a reduction in the cabin use fee to $100 per year if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied.
Requires payment of a "cabin transfer fee" to the United States upon the transfer of a cabin between private parties for money or other consideration. | {"src": "billsum_train", "title": "A bill to revise the Forest Service Recreation Residence Program as it applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes."} | 2,814 | 282 | 0.735441 | 2.128672 | 0.8434 | 5.895161 | 8.939516 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Libby Health Care Act''.
SEC. 2. EFFECT OF DISCHARGE OF DEBTS IN BANKRUPTCY.
Section 524(g)(1) of title 11, United States Code, is amended by
adding at the end the following:
``(C)(i) Congress finds that--
``(I) the vermiculite ore mined and milled in
Libby, Montana, was contaminated by high levels of
asbestos, particularly tremolite asbestos;
``(II) the vermiculite mining and milling processes
released thousands of pounds of asbestos-contaminated
dust into the air around Libby, Montana, every day,
exposing mine workers and Libby residents to high
levels of asbestos over a prolonged period of time;
``(III) the responsible party has known for over 50
years that there are severe health risks associated
with prolonged exposure to asbestos, including higher
incidences of asbestos related disease such as
asbestosis, lung cancer, and mesothelioma;
``(IV) the responsible party was aware of
accumulating asbestos pollution in Libby, Montana, but
failed to take any corrective action for decades, and
once corrective action was taken, it was inadequate to
protect workers and residents and asbestos-contaminated
vermiculite dust continued to be released into the air
in and around Libby, Montana, until the early 1990s
when the vermiculite mining and milling process was
finally halted;
``(V) current and former residents of Libby,
Montana, and former vermiculite mine workers from the
Libby mine suffer from asbestos related diseases at a
rate 40 to 60 times the national average, and they
suffer from the rare and deadly asbestos-caused cancer,
mesothelioma, at a rate 100 times the national average;
``(VI) the State of Montana and the town of Libby,
Montana, face an immediate and severe health care
crisis because--
``(aa) many sick current and former
residents and workers who have been diagnosed
with asbestos-related exposure or disease
cannot access private health insurance;
``(bb) the costs to the community and State
government related to providing health coverage
for uninsured sick residents and former mine
workers are creating significant pressures on
the State's medicaid program and threaten the
viability of other community businesses;
``(cc) asbestos-related disease can have a
long latency period; and
``(dd) the only significant responsible
party available to compensate sick residents
and workers has filed for bankruptcy
protection; and
``(VII) the responsible party should recognize that
it has a responsibility to work in partnership with the
State of Montana, the town of Libby, Montana, and
appropriate health care organizations to address
escalating health care costs caused by decades of
asbestos pollution in Libby, Montana.
``(ii) In this subparagraph--
``(I) the term `asbestos related disease or
illness' means a malignant or non-malignant respiratory
disease or illness related to tremolite asbestos
exposure;
``(II) the term `eligible medical expense' means an
expense related to services for the diagnosis or
treatment of an asbestos-related disease or illness,
including expenses incurred for hospitalization,
prescription drugs, outpatient services, home oxygen,
respiratory therapy, nursing visits, or diagnostic
evaluations;
``(III) the term `responsible party' means a
corporation--
``(aa) that has engaged in mining
vermiculite that was contaminated by tremolite
asbestos;
``(bb) whose officers or directors have
been indicted for knowingly releasing into the
ambient air a hazardous air pollutant, namely
asbestos, and knowingly endangering the
residents of Libby, Montana and the surrounding
communities; and
``(cc) for which the Department of Justice
has intervened in a bankruptcy proceeding; and
``(IV) the term `Trust Fund' means the health care
trust fund established pursuant to clause (iii).
``(iii) A court may not enter an order confirming a plan of
reorganization under chapter 11 involving a responsible party
or issue an injunction in connection with such order unless the
responsible party--
``(I) has established a health care trust fund for
the benefit of individuals suffering from an asbestos
related disease or illness; and
``(II) has deposited not less than $250,000,000
into the Trust Fund.
``(iv) Notwithstanding any other provision of law, any
payment received by the United States for recovery of costs
associated with the actions to address asbestos contamination
in Libby, Montana, as authorized by the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), shall be deposited into the Trust
Fund.
``(v) An individual shall be eligible for medical benefit
payments, not to exceed $500,000, from the Trust Fund if the
individual--
``(I) has an asbestos related disease or illness;
``(II) has an eligible medical expense; and
``(III)(aa) was a worker at the vermiculite mining
and milling facility in Libby, Montana; or
``(bb) lived, worked, or played in Libby, Montana
for at least 6 consecutive months before December 31,
2004.''. | Libby Health Care Act - Amends federal bankruptcy law to prohibit the court from entering an order confirming a plan of reorganization under chapter 11 involving a responsible party, or issuing an injunction in connection with such order, unless the responsible party: (1) has established a health care trust fund for the benefit of individuals suffering from an asbestos-related disease or illness; and (2) has deposited not less than $250 million into such health care trust fund.
Defines "responsible party" as a corporation: (1) that has engaged in mining vermiculite that was contaminated by tremolite asbestos; (2) whose officers or directors have been indicted for knowingly releasing asbestos into the ambient air and knowingly endangering the residents of Libby, Montana, and the surrounding communities; and (3) for which the Department of Justice has intervened in a bankruptcy proceeding.
Requires any payment received by the United States for recovery of costs associated with the actions to address asbestos contamination in Libby, Montana, to be deposited into such fund.
Sets eligibility criteria for medical benefit payments from the fund. | {"src": "billsum_train", "title": "A bill to amend section 524(g)(1) of title 11, United States Code, to predicate the discharge of debts in bankruptcy by any vermiculite mining company meeting certain criteria on the establishment of a health care trust fund for certain individuals suffering from an asbestos related disease."} | 1,226 | 250 | 0.542471 | 1.842221 | 0.700295 | 4.580952 | 5.233333 | 0.92381 |
SECTION 1. AMENDMENTS.
The Act entitled ``An Act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (92 Stat. 290; 16 U.S.C.
410cc et seq.), is amended as follows:
(1) In section 103(a)(2), by striking ``$33,600,000'' and
inserting ``$43,930,000''. The amendment made by this paragraph
shall take effect on October 1, 1994.
(2) In section 203, by adding at the end thereof the
following new subsection:
``(c) Loan and Grant Agreements.--Upon termination of the
Commission, the Secretary, acting through the National Park Service,
shall assume all responsibilities of the Commission for administration
and oversight of the loan and grant agreements under section 303.''.
(3) In section 205, by adding at the end thereof the
following new subsection:
``(e) Leasing Authority.--(1) In addition to other available
authorities, the Secretary may, in his discretion, negotiate and enter
into leases, as appropriate, with any person, firm, association,
organization, corporation or governmental entity for the use of any
property within the Park and Preservation District in accordance with
the General Management Plan and any of the purposes set forth in
section 1 of this Act.
``(2) Any leases entered into under this subsection shall be
subject to such procedures, terms, conditions and restrictions as the
Secretary deems necessary. The Secretary is authorized to negotiate and
enter into leases or other agreements, at fair market value and without
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b). For purposes of any such lease or other agreements, the
Secretary may adjust the rental by taking into account any amounts to
be expended by the lessee for preservation, maintenance, restoration,
improvement, repair and related expenses with respect to the leased
properties.
``(3) Surplus proceeds from leases entered into under section 111
of the National Historic Preservation Act (16 U.S.C. 470h-3) with
respect to property in the Park and Preservation District, and all
proceeds from all other leases entered into under this subsection,
shall be retained by the Secretary, remain available until expended,
and, subject to appropriation, be used to offset the costs of
preservation, interpretation, restoration, maintenance, improvement,
repair, and related expenses, including administration related to such
expenses, incurred by the Secretary with respect to properties within
the Park and Preservation District, with the balance used to offset
other costs incurred by the Secretary in the administration of the
Park.
``(4) Each lessee of a lease entered into under this subsection
shall keep such records as the Secretary may prescribe to enable the
Secretary to determine that all terms of the lease have been, and are
being, faithfully performed.
``(5) The Secretary shall annually prepare and submit to Congress a
report on property leased under this subsection.''.
(4) In section 301(i), by striking ``seventeen'' and
inserting ``22''.
(5) In section 303(a), by amending paragraph (1) to read as
follows:
``(1) The loan to the corporation shall have a maturity of
35 years. At the end of such period, the corporation shall
repay to the Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the full amount of
the loan and any additional amounts accruing to the corporation
pursuant to this subsection excepting principal and interest
losses occasioned by loan defaults after all reasonable efforts
at collection have been completed plus those amounts expended
by the Corporation for reasonable administrative expenses. The
Commission is further authorized to renegotiate the terms and
conditions respecting loan repayment of the agreement dated
December 8, 1980, with the Lowell Development and Financial
Corporation. The authority provided in this paragraph shall be
available only to the extent that appropriations for a subsidy
cost, as defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.''.
(6) In section 305(g), by inserting before the period at
the end thereof ``for administration by the National Park
Service in accordance with the general management plan''.
(7) By adding after section 307 the following:
``SEC. 308. ADVISORY COMMITTEE.
``(a) Establishment of Advisory Committee.--Upon the termination of
the Commission, the Secretary shall establish a committee to be known
as the Lowell National Historical Park Advisory Committee (hereinafter
in this section referred to as the `Advisory Committee').
``(b) Membership.--The Advisory Committee shall be composed of 15
members appointed by the Secretary.
``(c) Chairperson.--The Advisory Committee shall designate one of
its members as Chairperson.
``(d) Quorum.--Eight members of the Advisory Committee shall
constitute a quorum. The Advisory Committee shall act and advise by
affirmative vote of a majority of the members voting at a meeting at
which a quorum is present. The Advisory Committee shall meet on a
regular basis. Notice of meetings and agenda shall be published in
local newspapers which have a distribution which generally covers the
area affected by the park and preservation district. Advisory Committee
meetings shall be held at locations and in such a manner as to ensure
adequate public involvement.
``(e) Functions.--The Advisory Committee shall advise the Secretary
on the operation, maintenance, development, and programming of the park
and preservation district.
``(f) Support and Technical Services.--In order to provide staff
support and technical services to assist the Advisory Committee in
carrying out its duties under this Act, upon request of the Advisory
Committee, the Secretary is authorized to detail any personnel of the
National Park Service to the Advisory Committee.
``(g) Per Diem.--Members of the Advisory Committee shall serve
without compensation but shall be entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Government service under section
5703 of title 5, United States Code.
``(h) FACA.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby
waived with respect to the Advisory Committee.
``(i) Vacancies.--Any vacancy in the Advisory Committee shall be
filled in the same manner in which the original appointment was made.
Any member may serve after the expiration of his term until his
successor is appointed.
``(j) Termination.--The Advisory Committee shall terminate on June
5, 2010.
``SEC. 309. COMPTROLLER GENERAL REVIEW.
``(a) Deadline.--No later than January 1, 1996, the Comptroller
General of the United States shall conduct the audit described in
subsection (b) and submit to Congress a report concerning the results
of such audit.
``(b) Audit.--The audit required by subsection (a) shall deal only
with those activities and expenditures authorized by this Act and
shall--
``(1) review the authorities of the National Park Service
and the Lowell Historic Park Advisory Commission and compare
them with those of similar units of the National Park System;
``(2) undertake a detailed assessment of all major Federal
expenditures made by the National Park Service and the Lowell
Historic Park Advisory Commission;
``(3) examine all loans made by the Lowell Development and
Financial Corporation related to the Lowell National Historical
Park and document the status of those loans which have not been
fully repaid;
``(4) identify the extent of non-Federal investment that
has been generated because of Federal spending authorized by
this Act; and
``(5) review all Federal activities and expenditures
associated with renovating the Nesmith House and give the
current status of that effort.''.
(8) By adding at the end the following:
``TITLE IV--BUY AMERICAN
``SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
``(a) Sense of Congress.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available pursuant to this Act should be American made.
``(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
pursuant to this Act, the Commission, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.''.
Passed the House of Representatives September 26, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Increases the authorization of appropriations for the Secretary of the Interior to make available to the Lowell Historic Preservation Commission to carry out activities relating to the Lowell National Historical Park and the Lowell Historic Preservation District in Massachusetts. Requires the Secretary, acting through the National Park Service, to assume all responsibilities for administration and oversight of the loan and grant agreements between the Commission and the Lowell Development and Financial Corporation upon termination of the Commission. Authorizes the Secretary to negotiate and enter into leases, with any person, firm, association, organization, corporation, or governmental entity for the use of any property within the Park and Preservation District in accordance with the General Management Plan for the Park. Requires the Secretary to retain and use the surplus proceeds from leases entered into under the National Historic Preservation Act and proceeds from leases entered into under this Act to offset the costs of preservation, interpretation, restoration, maintenance, improvement, repair, and related expenses incurred by the Secretary concerning properties within the Park and Preservation District. Requires the Secretary to report annually to the Congress on property leased under this Act. Extends the Lowell Historic Preservation Commission until the year 2000. Revises provisions of the terms for loan agreements between the Commission and the Corporation. Authorizes the Commission to renegotiate the terms and conditions respecting loan repayment of the agreement dated December 8, 1980, with the Corporation. Makes such authority available only to the extent that appropriations for a subsidy cost, as defined in specified provisions of the Congressional Budget Act of 1974, are made in advance. Directs the Secretary, upon the termination of the Commission, to establish the Lowell National Historical Park Advisory Committee to advise on the operation, maintenance, development, and programming of the Park and Preservation District. Requires the Comptroller General to audit and report to the Congress on the activities and expenditures authorized by this Act. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available pursuant to this Act. Requires the Commission to notify entities receiving financial assistance or contracts under this Act of this congressional statement. | {"src": "billsum_train", "title": "To amend the Act establishing Lowell National Historical Park, and for other purposes."} | 1,939 | 460 | 0.608559 | 2.156833 | 0.835218 | 4.631579 | 4.506266 | 0.922306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Incapacitated
Dependents Care Annual Refund (CIDCARE) Act''.
SEC. 2. DEPENDENT CARE CREDIT TO BE REFUNDABLE; ADVANCE PAYMENTS OF
CREDIT.
(a) Credit To Be Refundable.--
(1) In general.--Section 21 of the Internal Revenue Code of
1986 (relating to expenses for household and dependent care
services necessary for gainful employment) is hereby moved to
subpart C of part IV of subchapter A of chapter 1 of such Code
(relating to refundable credits) and inserted after section 34.
(2) Technical amendments.--
(A) Section 35 of such Code is redesignated as
section 36.
(B) Section 21 of such Code is redesignated as
section 35.
(C) Paragraph (1) of section 35(a) of such Code (as
redesignated by subparagraph (B)) is amended by
striking ``this chapter'' and inserting ``this
subtitle''.
(D) Subparagraph (C) of section 129(a)(2) of such
Code is amended by striking ``section 21(e)'' and
inserting ``section 35(e)''.
(E) Paragraph (2) of section 129(b) of such Code is
amended by striking ``section 21(d)(2)'' and inserting
``section 35(d)(2)''.
(F) Paragraph (1) of section 129(e) of such Code is
amended by striking ``section 21(b)(2)'' and inserting
``section 35(b)(2)''.
(G) Subsection (e) of section 213 of such Code is
amended by striking ``section 21'' and inserting
``section 35''.
(H) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting before the
period ``or from section 35 of such Code''.
(I) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 35 and inserting
the following:
``Sec. 35. Expenses for household and
dependent care services
necessary for gainful
employment.
``Sec. 36. Overpayments of tax.''
(J) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(b) Higher-Income Taxpayers Ineligible for Credit.--Subsection (a)
of section 35 of such Code, as redesignated by subsection (a), is
amended by adding at the end the following new paragraph:
``(3) Phaseout of credit for higher-income taxpayers.--The
amount of the credit which would (but for this paragraph) be
allowed by this section shall be reduced (but not below zero)
by an amount which bears the same ratio to such amount of
credit as the excess of the taxpayer's adjusted gross income
for the taxable year over $110,000 bears to $10,000. Any
reduction determined under the preceding sentence which is not
a multiple of $10 shall be rounded to the nearest multiple of
$10.''
(c) Advance Payment of Credit.--
(1) In general.--Chapter 25 of such Code (relating to
general provisions relating to employment taxes) is amended by
inserting after section 3507 the following new section:
``SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE CREDIT.
``(a) General Rule.--Except as otherwise provided in this section,
every employer making payment of wages to an employee with respect to
whom a dependent care credit eligibility certificate is in effect
shall, at the time of paying such wages, make an additional payment
equal to such employee's dependent care credit advance amount.
``(b) Dependent Care Credit Eligibility Certificate.--For purposes
of this title, a dependent care credit eligibility certificate is a
statement furnished by an employee to the employer which--
``(1) certifies that the employee will be eligible to
receive the credit provided by section 35 for the taxable year,
``(2) certifies that the employee does not have a dependent
care credit eligibility certificate in effect for the calendar
year with respect to the payment of wages by another employer,
``(3) states whether or not the employee's spouse has a
dependent care credit eligibility certificate in effect, and
``(4) estimates the amount of dependent care credit of the
employee for the calendar year.
For purposes of this section, a certificate shall be treated as being
in effect with respect to a spouse if such a certificate will be in
effect on the first status determination date following the date on
which the employee furnishes the statement in question.
``(c) Dependent Care Credit Advance Amount.--
``(1) In general.--For purposes of this title, the term
`dependent care credit advance amount' means, with respect to
any payroll period, the amount determined--
``(A) on the basis of the employee's wages from the
employer for such period,
``(B) on the basis of the employee's estimated
amount of dependent care credit included in the
dependent care credit eligibility certificate, and
``(C) in accordance with tables provided by the
Secretary.
``(2) Advance amount tables.--The tables referred to in
paragraph (1)(C) shall be similar in form to the tables
prescribed under section 3402 and, to the maximum extent
feasible, shall be coordinated with such tables and the tables
prescribed under section 3507(c).
``(d) Other Rules.--For purposes of this section, rules similar to
the rules of subsections (d) and (e) of section 3507 shall apply.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(2) Clerical amendment.--The table of sections for chapter
25 of such Code is amended by inserting after the item relating
to section 3507 the following new item:
``Sec. 3507A. Advance payment of
dependent care credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994. | Children and Incapacitated Dependents Care Annual Refund (CIDCARE) Act - Amends the Internal Revenue Code to make the dependent care credit a refundable tax credit.
Makes higher-income taxpayers ineligible for such credit.
Allows employers to advance the payments of such credit. | {"src": "billsum_train", "title": "Children and Incapacitated Dependents Care Annual Refund (CIDCARE) Act"} | 1,398 | 69 | 0.507148 | 1.176983 | 0.693425 | 3.28 | 25.3 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Predator Act of 2005''.
SEC. 2. AMENDMENTS TO JACOB WETTERLING CRIMES AGAINST CHILDREN AND
SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.
(a) In General.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended as follows:
(1) Definition.--Subparagraph (A) of subsection (a)(3) of
such section is amended to read as follows:
``(A) The term `criminal offense against a victim
who is a minor' includes every offense (whether
Federal, State, local, tribal, foreign, or otherwise),
when committed against a victim who is a minor, that
involves any one or more of the following:
``(i) Kidnapping (unless committed by a
parent of the minor).
``(ii) False imprisonment (unless committed
by a parent of the minor).
``(iii) Sexual conduct.
``(iv) Solicitation to engage in sexual
conduct.
``(v) Use in a sexual performance.
``(vi) Solicitation to practice
prostitution.
``(vii) Production or distribution of child
pornography (including an offense under section
2251, 2252, or 2252A of title 18, United States
Code).
``(viii) Any other conduct that by its
nature is a sexual offense.
``(ix) Any other wrongful conduct
designated by the Attorney General.
``(x) Any attempt or conspiracy to commit
an offense under this subparagraph.''.
(2) New definition.--Subsection (a)(3) is further amended
by adding at the end the following new subparagraph:
``(H) The term `child predator' means a person who
is convicted of a criminal offense against a victim who
is a minor, if the offense is sexual in nature and the
minor is age 13 or younger.''.
(3) Registration requirements.--Subsection (b) of such
section is amended by adding at the end the following new
paragraph:
``(8) Special rules applying to child predators.--In the
case of a child predator, the following requirements shall (in
addition to any other requirements under this section) apply:
``(A) Change of address.--State procedures shall
specify the period in which the child predator must
report a change of address, but the period shall not
exceed 10 days after the change of address takes
effect.
``(B) Notification of schools and other entities.--
State procedures shall require (in addition to any
other requirements a State may impose) that, whenever
the child predator is required to provide registration
information--
``(i) the child predator also provides the
same information to appropriate entities within
the child predator's community, including--
``(I) schools;
``(II) public housing; and
``(III) at least 2 media outlets
(such as newspapers, television
stations, or radio stations) covering
that community; and
``(ii) an appropriate law enforcement
agency shall supervise and verify the child
predator's compliance with clause (i).
``(C) Interpretation of community.--For the
purposes of subparagraph (B), the Attorney General
shall interpret the term `community' in a broad and
flexible manner and give deference to a State's
interpretation of that term so long as it is
reasonable.
``(D) Penalties.--Whenever a child predator
knowingly fails to comply with a requirement of this
paragraph, the child predator shall be imprisoned not
more than 2 years or fined under title 18, United
States Code, or both.''.
(4) Penalties.--Subsection (d) of such section is amended
by adding at the end the following new sentence: ``In the case
of a child predator, the child predator shall also be
considered to have committed a Federal offense and, by reason
of committing that offense, shall be imprisoned not more than 2
years or fined under title 18, United States Code, or both.''
(b) FBI Database.--Section 170102 of that Act (42 U.S.C. 14072) is
amended by adding at the end the following new subsection:
``(l) Release by Internet.--The FBI shall disclose to the public,
on a free-access internet site, all information collected by the FBI
under this section, that relates to child predators (as defined in
section 170101). The disclosure shall include, for each child predator,
a recent photograph. The site--
``(1) shall include a feature under which a member of the
public can specify an address and be provided with the
registration information of all such child predators within a
radius of that address;
``(2) shall include other searching and sorting
capabilities; and
``(3) shall, whenever the site displays the information
relating to a child predator along with other information
relating to other individuals, display the information with
respect to the child predator in a manner that clearly--
``(A) indicates that the person is a child
predator; and
``(B) sets forth the statutory definition of the
term `child predator'.''. | Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger.
Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations.
Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term. | {"src": "billsum_train", "title": "To improve the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program by providing new protections for children, and for other purposes."} | 1,197 | 328 | 0.580759 | 1.731478 | 0.754227 | 3.775168 | 3.674497 | 0.909396 |
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