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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eradication of Slavery in Sudan Act
of 2006''.
SEC. 2. ESTABLISHMENT AND COMPOSITION.
(a) In General.--There is established the United States Commission
to Monitor Slavery and its Eradication in Sudan (in this Act referred
to as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of six
members, who shall be United States citizens who are not
employees of the Federal Government, and who shall be appointed
as follows:
(A) One member of the Commission shall be appointed
by the President.
(B) Two members of the Commission shall be
appointed by the President pro tempore of the Senate,
of whom one shall be appointed upon the recommendation
of the leader in the Senate of the political party that
is not the political party of the President, and of
whom shall be appointed upon the recommendation of the
leader in the Senate of the other political party.
(C) Two members of the Commission shall be
appointed by the Speaker of the House of
Representatives, of whom shall be appointed upon the
recommendation of the leader in the House of the
political party that is not the political party of the
President, and of whom one shall be appointed upon the
recommendation of the leader in the House of the other
political party.
(2) Selection.--
(A) In general.--Members of the Commission shall be
selected from among distinguished individuals noted for
their knowledge and experience in fields relevant to
the issues of abduction and enslavement of persons in
Sudan, human rights, and international law.
(B) Security clearances.--Each member of the
Commission shall be required to obtain an appropriate
security clearance necessary to carry out the purposes
of this Act.
(3) Time of appointment.--The appointments required under
paragraph (1) shall be made not later than 90 days after the
date of the enactment of this Act.
(c) Term of Office.--The term of office of each member of the
Commission shall be three years. Members of the Commission shall be
eligible for reappointment to a second term.
(d) Time for Meetings and Elections of Chair.--
(1) Initial meeting.--Not later than 60 days after all the
appointments have been made under subsection (b), the
Commission shall hold its initial meeting.
(2) Election of chair.--A majority of the members of the
Commission present and voting at the initial meeting shall
elect the Chair of the Commission.
(3) Subsequent meetings.--Each year the Commission shall
meet at the call of the Chair or, if no Chair has been elected
for that calendar year, at the call of three voting members of
the Commission.
(4) Subsequent elections of chair.--At the first meeting of
the Commission in each calendar year, a majority of the members
of the Commission present and voting shall elect the Chair of
the Commission.
(e) Executive Director.--Not later than 60 days after the initial
meeting under subsection (d)(1), the Chair, in consultation with the
members of the Commission, shall hire an Executive Director.
(f) Duties of Executive Director.--The Executive Director hired
under subsection (e) shall--
(1) prepare a workplan for the Commission's duties under
section 3;
(2) devise a budget for the annual operations of the
Commission;
(3) hire staff and consultants for the Commission;
(4) develop working relationships with like-minded civil
society organizations; and
(5) work with the General Services Administration to
identify offices for the Commission and take all necessary
actions for the Commission to occupy its space, acquire
equipment, and secure all necessary services.
(g) Quorum.--Three voting members of the Commission shall
constitute a quorum for purposes of conducting the affairs of the
Commission.
(h) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(i) Administrative Support.--The President shall provide working
space for the Commission at no cost through the General Services
Administration.
(j) Funding.--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.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall have as its primary
responsibility--
(1) reporting on progress made by the Government of Sudan
and nongovernmental organizations in identifying the location
of slaves in Sudan and ensuring their freedom;
(2) working with the Government of Sudan to ensure safe
passage of freed slaves and family reunification;
(3) documenting existing cases of slavery and working to
prevent new cases from occurring;
(4) ensuring that former slaves have access to basic
education and skill training, as well as medical, social, and
psychological support needed for their effective rehabilitation
and reintegration into society; and
(5) ensuring that those individuals responsible for slavery
are brought to justice.
(b) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties under this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission determines necessary.
(c) Policy Review and Recommendations in Response to Failure To
Eradicate Slavery.--The Commission, in evaluating United States
Government policies in response to the failure of the Government of
Sudan to eradicate slavery, shall consider and recommend options for
actions to be taken by the United States Government with respect to the
Government of Sudan, including diplomatic inquiries, diplomatic
protest, official public protest, demarche of protest, condemnation
within multilateral fora, delay or cancellation of cultural or
scientific exchanges, delay or cancellation of working, official, or
state visits, reduction or termination of certain assistance funds,
imposition of targeted or broad trade sanctions, and withdrawal of the
chief of mission.
(d) Policy Review and Recommendations in Response to Progress.--The
Commission may make policy recommendations to the Secretary of State
with respect to matters involving the eradication of slavery in Sudan.
The Commission shall consider and recommend policy options, including
private commendation, diplomatic commendation, official public
commendation, commendation within multilateral fora, an increase in
cultural or scientific exchanges or both, termination or reduction of
existing Presidential actions, an increase in certain assistance funds,
and invitations for working, official, or state visits.
SEC. 4. REPORT OF THE COMMISSION.
(a) In General.--Not later than October 1st of each year, the
Commission shall submit to the Secretary of State a report on the
efforts of the Commission with respect to its duties under subsection
(a) of section 3, including its recommendations for United States
policy options based on its evaluations under subsections (c) and (d)
of such section.
(b) Classified Form of Report.--The report may be submitted in
classified form, together with a public summary of recommendations, if
the classification of information would further the purposes of this
Act.
(c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.
SEC. 5. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission $1,000,000 for fiscal year 2007 and $1,500,000 for fiscal
year 2008 to carry out the purposes of this Act.
(b) Availability of Funds.--Amounts authorized to be appropriated
under subparagraph (a) are authorized to remain available until
expended but not later than the date of the termination of the
Commission.
SEC. 7. TERMINATION.
The Commission shall terminate six years after the initial
appointment of all of the members of the Commission. | Eradication of Slavery in Sudan Act of 2006 - Establishes the United States Commission to Monitor Slavery and its Eradication in Sudan, which shall have as its primary responsibility: (1) reporting on progress made by the government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) ensuring that former slaves have access to basic education and skill training, as well as medical, social, and psychological support needed for their rehabilitation and reintegration into society; and (5) ensuring that those individuals responsible for slavery are brought to justice.
Requires an annual report to the Secretary of State. | {"src": "billsum_train", "title": "To establish the United States Commission to Monitor Slavery and its Eradication in Sudan."} | 1,769 | 180 | 0.50681 | 1.361353 | 0.691496 | 8.196203 | 10.43038 | 0.981013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Return Preparer Competency Act
of 2015''.
SEC. 2. MINIMUM COMPETENCY STANDARDS FOR TAX RETURN PREPARERS.
(a) In General.--Subsection (a) of section 330 of title 31, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) regulate--
``(A) the practice of representatives of persons
before the Department of the Treasury; and
``(B) tax return preparers (as defined in section
7701(a)(36) of the Internal Revenue Code of 1986);
and''; and
(2) in paragraph (2)--
(A) by inserting ``or tax return preparer'' after
``representative'' each place it appears; and
(B) by inserting ``or in preparing their tax
returns, claims for refund, or documents in connection
with tax returns or claims for refund'' after ``cases''
in subparagraph (D).
(b) Failure To Meet Minimum Competency Standards.--Subsection (b)
of section 330 of title 31, United States Code, is amended--
(1) by striking ``before the Department'';
(2) by inserting ``or tax return preparer'' after
``representative'' each place it appears; and
(3) in paragraph (4), by striking ``misleads or threatens''
and all that follows and inserting ``misleads or threatens--
``(A) any person being represented or any
prospective person being represented; or
``(B) any person or prospective person whose return
(as defined in section 6696(e)(1) of the Internal
Revenue Code of 1986), claim for refund (as defined in
section 6696(e)(2) of such Code), or document in
connection with a return or claim for refund, is being
or may be prepared.''.
(c) Minimum Competency Standards for Tax Return Preparers.--
(1) In general.--Section 330 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Tax Return Preparers.--
``(1) In general.--Any tax return preparer (as defined in
section 7701(a)(36) of the Internal Revenue Code of 1986) shall
demonstrate minimum competency standards under this subsection,
by--
``(A) obtaining an identifying number for securing
proper identification of such preparer as described in
section 6109(a)(4) of the Internal Revenue Code of
1986;
``(B) satisfying the examination requirements
described in paragraph (2);
``(C) satisfying the annual continuing education
requirements described in paragraph (3); and
``(D) completing a background check as described in
paragraph (4).
``(2) Examination.--
``(A) In general.--A tax return preparer shall
provide the Secretary with proof of successful
completion of an examination that evaluates the
knowledge and competency of the tax return preparer, as
prescribed by the Secretary through regulations, forms
or instructions, regarding--
``(i) preparation of a return (as defined
in section 6696(e)(1) of the Internal Revenue
Code of 1986);
``(ii) ethical standards for preparation of
such returns; and
``(iii) other topics as the Secretary may
prescribe.
``(B) Exceptions.--The Secretary shall exempt tax
return preparers from the examination requirements
under this paragraph pursuant to such requirements as
are determined appropriate by the Secretary, which
shall include any comparable examinations administered
by the Secretary or any comparable State licensing or
registration programs.
``(3) Continuing education.--A tax return preparer shall
complete continuing education on an annual basis, which shall
consist of not less than 15 hours of instruction, which shall
include not less than 2 hours of training relating to ethics
and not less than 3 hours relating to Federal tax law updates.
``(4) Background check.--
``(A) In general.--A tax return preparer shall
demonstrate the requirements of subsection (a)(2) by
providing the Secretary with a report, as prescribed by
the Secretary through regulations, forms or
instructions.
``(B) Exceptions.--The Secretary shall exempt tax
return preparers who have been subject to comparable
background checks administered by the Secretary or any
comparable State licensing or registration programs.''.
(d) Contingency Fees.--The Secretary of the Treasury may not
regulate, prohibit, or restrict the use of a contingent fee in
connection with tax returns, claims for refund, or documents in
connection with tax returns or claims for refund prepared on behalf of
a taxpayer.
(e) Public Database for Tax Return Preparers.--Not later than 1
year after the date of the enactment of this Act, the Secretary of the
Treasury, shall ensure that the name and identification number (as
described in section 6109(a)(4) of the Internal Revenue Code of 1986)
of any tax return preparer who satisfies the requirements under section
330 of title 31, United States Code, is made publicly available through
such measures as are determined appropriate by the Secretary, which may
include the use of any publicly available database that has been
established and operated by the Secretary on or before the date of the
enactment of this Act. | Tax Return Preparer Competency Act of 2015 This bill grants the Department of the Treasury authority to regulate the practice of tax return preparers and to sanction preparers for incompetency or misconduct. The bill also imposes minimum competency standards for tax return prepares and requires Treasury to make publicly available a database identifying qualified tax return preparers. | {"src": "billsum_train", "title": "Tax Return Preparer Competency Act of 2015"} | 1,195 | 80 | 0.550695 | 1.449965 | 0.704154 | 2.40678 | 18.491525 | 0.745763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure Safety and
Congestion Relief Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) although the United States Customs Service has
collected increased duties, merchandise fees, and revenues from
other commerce-related activities because of the approval and
implementation of the North American Free Trade Agreement,
these increased revenues have not been accompanied by Federal
funding for improving transportation facilities along the
international borders of the United States to ensure the free
and safe flow of trade destined for all States and regions of
the United States;
(2) because of NAFTA, all 4 States along the United States-
Mexico border will require significant investments in highway
infrastructure capacity and motor carrier safety enforcement at
a time when border States face extreme difficulty in meeting
current highway funding needs;
(3) the full benefits of increased international trade can
be realized only if delays at the borders are significantly
reduced; and
(4) the increased revenues to the general fund of the
Treasury described in paragraph (1) should be sufficient to
provide Federal funding for transportation improvements
required to accommodate NAFTA-generated traffic, in an amount
above and beyond regular Federal transportation funding
apportionments.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Border region.--The term ``border region'' means the
region located within 60 miles of the United States border with
Mexico.
(2) Border state.--The term ``border State'' means
California, Arizona, New Mexico, and Texas.
(3) Fund.--The term ``Fund'' means the Border
Transportation Infrastructure Fund established under section
4(g).
(4) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND
CONGESTION RELIEF.
(a) In General.--Using amounts in the Fund, the Secretary shall
make grants under this section to border States that submit an
application that demonstrates need, due to increased traffic resulting
from the implementation of NAFTA, for assistance in carrying out
transportation projects that are necessary to relieve traffic
congestion or improve enforcement of motor carrier safety laws.
(b) Grants for Connectors to Federal Border Crossing Facilities.--
The Secretary shall make grants to border States for the purposes of
connecting, through construction or reconstruction, the National
Highway System designated under section 103(b) of title 23, United
States Code, with Federal border crossing facilities located in the
United States in the border region.
(c) Grants for Weigh-in-Motion Devices in Mexico.--The Secretary
shall make grants to assist border States in the purchase,
installation, and maintenance of weigh-in-motion devices and associated
electronic equipment that are to be located in Mexico if real time data
from the devices is provided to the nearest United States port of entry
and to State commercial vehicle enforcement facilities that serve the
port of entry.
(d) Grants for Commercial Vehicle Enforcement Facilities.--The
Secretary shall make grants to border States to construct, operate, and
maintain commercial vehicle enforcement facilities located in the
border region.
(e) Limitations on Expenditures of Funds.--
(1) Cost sharing.--A grant under this section shall be used
to pay the Federal share of the cost of a project. The Federal
share shall be 80 percent.
(2) Allocation among states.--
(A) In general.--For each fiscal year, the
Secretary shall allocate amounts remaining in the Fund,
after any transfers under section 5, among border
States in accordance with an equitable formula
established by the Secretary in accordance with
subparagraphs (B) and (C).
(B) Considerations.--Subject to subparagraph (C),
in establishing the formula, the Secretary shall
consider--
(i) the annual volume of international
commercial vehicle traffic at the ports of
entry of each border State as compared to the
annual volume of international commercial
vehicle traffic at the ports of entry of all
border States, based on the data provided in
the most recent report submitted under section
8;
(ii) the percentage by which international
commercial vehicle traffic in each border State
has grown during the period beginning on the
date of the enactment of the North American
Free Trade Agreement Implementation Act (Public
Law 103-182) as compared to that percentage for
each other border State; and
(iii) the extent of border transportation
improvements carried out by each border State
during the period beginning on the date of the
enactment of the North American Free Trade
Agreement Implementation Act (Public Law 103-
182).
(C) Minimum allocation.--Each border State shall
receive not less than 5 percent of the amounts made
available to carry out this section during the period
of authorization under subsection (i).
(f) Eligibility for Reimbursement for Previously Commenced
Projects.--The Secretary shall make a grant under this section to a
border State that reimburses the border State for a project for which
construction commenced after January 1, 1994, if the project is
otherwise eligible for assistance under this section.
(g) Border Transportation Infrastructure Fund.--
(1) Establishment.--There is established in the Treasury of
the United States the Border Transportation Infrastructure Fund
to be used in carrying out this section, consisting of such
amounts as are appropriated to the Fund under subsection (i).
(2) Expenditures from fund.--
(A) In general.--Subject to subparagraph (B), upon
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary of
Transportation such amounts as the Secretary of
Transportation determines are necessary to make grants
under this section and transfers under section 5.
(B) Administrative expenses.--An amount not
exceeding 1 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
section.
(h) Applicability of Title 23.--Title 23, United States Code, shall
apply to grants made under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund to carry out this section and section 5
$125,000,000 for each of fiscal years 1998 through 2001. The
appropriated amounts shall remain available for obligation until the
end of the third fiscal year following the fiscal year for which the
amounts are appropriated.
SEC. 5. CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR LAW
ENFORCEMENT PURPOSES.
At the request of the Attorney General, the Secretary may transfer
up to $10,000,000 of the amounts from the Fund for fiscal years 1998
through 2001 to the Attorney General for the construction of
transportation infrastructure necessary for law enforcement in border
States.
SEC. 6. BORDER INFRASTRUCTURE INNOVATIVE FINANCING.
(a) Purposes.--The purposes of this section are--
(1) to encourage the establishment and operation of State
infrastructure banks in accordance with section 350 of the
National Highway System Designation Act of 1995 (109 Stat. 618;
23 U.S.C. 101 note); and
(2) to advance transportation infrastructure projects
supporting international trade and commerce.
(b) Federal Line of Credit.--Section 350 of the National Highway
System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Federal Line of Credit.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury $100,000,000 to be used
by the Secretary to enter into agreements to make lines of
credit available to--
``(A) border States that have established
infrastructure banks under this section; and
``(B) the State of New Mexico which has established
a border authority that has bonding capacity.
``(2) Amount.--The line of credit available to each
participating border State shall be equal to the product of--
``(A) the amount appropriated under paragraph (1);
and
``(B) the quotient obtained by dividing--
``(i) the contributions of the State to the
Highway Trust Fund during the latest fiscal
year for which data are available; by
``(ii) the total contributions of all
participating border States to the Highway
Trust Fund during that fiscal year.
``(3) Use of line of credit.--The line of credit under this
subsection shall be available to provide Federal support in
accordance with this subsection for funding agreements with--
``(A) a State infrastructure bank engaged in
providing credit enhancement to creditworthy eligible
public and private multimodal projects that support
international trade and commerce in the border region;
and
``(B) the New Mexico Border Authority;
(each referred to in this subsection as a `border
infrastructure bank').
``(4) Limitations.--
``(A) In general.--A line of credit under this
subsection may be drawn on only--
``(i) with respect to a completed project
described in paragraph (3) that is receiving
credit enhancement through a border
infrastructure bank;
``(ii) when the cash balance available in
the border infrastructure bank is insufficient
to pay a claim for payment relating to the
project; and
``(iii) when all subsequent revenues of the
project have been pledged to the border
infrastructure bank.
``(B) Third party creditor rights.--No third party
creditor of a public or private entity carrying out a
project eligible for assistance from a border
infrastructure bank shall have any right against the
Federal Government with respect to a line of credit
under this subsection, including any guarantee that the
proceeds of a line of credit will be available for the
payment of any particular cost of the public or private
entity that may be financed under this subsection.
``(5) Interest rate and repayment period.--Any draw on a
line of credit under this subsection shall--
``(A) accrue, beginning on the date the draw is
made, interest at a rate equal to the current (as of
the date the draw is made) market yield on outstanding,
marketable obligations of the United States with
maturities of 30 years; and
``(B) shall be repaid within a period of not more
than 30 years.
``(6) Relationship to state apportionment.--Funds made
available to States to carry out this subsection shall be in
addition to funds apportioned to States under section 104 of
title 23, United States Code.
``(7) Definitions.--In this subsection, terms `border
State' and `border region' have the meaning such terms have
under section 3 of the Border Infrastructure Safety and
Congestion Relief Act of 1996.''.
SEC. 7. RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM.
(a) Purpose.--The purpose of this section is to provide assistance
for freight rail projects in border States that benefit international
trade and relieve highways of increased traffic resulting from NAFTA.
(b) Issuance of Obligations.--The Secretary shall issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 832), in such amounts, and at such times, as may be
necessary to--
(1) pay any amounts required pursuant to the guarantee of
the principal amount of an obligation under section 511 of such
Act (45 U.S.C. 831) for any eligible freight rail project
described in subsection (c) during the period that the
guaranteed obligation is outstanding; and
(2) during the period referred to in paragraph (1), meet
the applicable requirements of this section and sections 511
and 513 of such Act (45 U.S.C. 832 and 833).
(c) Eligibility.--Assistance provided under this section shall be
limited to those freight rail projects located in the United States
that provide intermodal connections that enhance cross-border traffic
in the border region.
(d) Limitation.--Notwithstanding any other provision of law, the
aggregate unpaid principal amounts of obligations that may be
guaranteed by the Secretary under this section may not exceed
$100,000,000 during any of fiscal years 1998 through 2001.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to make loan guarantees under this section $10,000,000 for
each of fiscal years 1998 through 2001.
SEC. 8. REPORT.
(a) In General.--The Secretary shall annually submit to Congress
and the Governor of each border State a report concerning--
(1) the volume and nature of international commercial
vehicle traffic crossing the border between the United States
and Mexico; and
(2)(A) the number of international commercial vehicle
inspections conducted by each border State at each United
States port of entry; and
(B) the rate of out-of-service violations of international
commercial vehicles found through the inspections.
(b) Information Provided by United States Customs Service.--For the
purpose of preparing each report under subsection (a)(1), the
Commissioner of Customs shall provide to the Secretary such information
described in subsection (a)(1) as the Commissioner has available. | Border Infrastructure Safety and Congestion Relief Act of 1996 - Authorizes the Secretary of Transportation to make grants to border States (California, Arizona, New Mexico, and Texas) for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); or (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent.
Establishes the Border Transportation Infrastructure Fund.
Authorizes appropriations.
Authorizes the Secretary, at the Attorney General's request, to transfer up to $10 million of amounts from the Fund to the Attorney General for construction of transportation infrastructure necessary for law enforcement in border States.
Amends the National Highway System Designation Act of 1995 to authorize appropriations and enter into agreements to make lines of credit available to: (1) border States that have established infrastructure banks to advance transportation infrastructure projects supporting international trade and commerce in the region; and (2) the New Mexico Border Authority.
Authorizes appropriations to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA. | {"src": "billsum_train", "title": "Border Infrastructure Safety and Congestion Relief Act of 1996"} | 2,891 | 248 | 0.675111 | 1.773309 | 0.871081 | 4.343478 | 11.752174 | 0.917391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability and Flexibility
Associated With Spending on Transportation Act of 2005''.
SEC. 2. TRANSPORTATION FUNDING FLEXIBILITY.
(a) Highway Bridge Program.--Section 144(g)(1) of title 23, United
States Code, is amended by adding at the end the following:
``(D) Funding Flexibility.--If a State is provided
funds under subparagraph (A) for a project described in
subparagraph (A), the State may use all or any portion
of such funds to carry out such project or any other
project eligible for assistance under this section that
the State designates.''.
(b) Projects of National and Regional Significance.--Section 1301
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109-59) is amended by adding at the
end the following:
``(n) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(m), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under this
section that the State designates.''.
(c) National Corridor Infrastructure Improvement Program.--Section
1302 such Act is amended by adding at the end the following:
``(f) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(e), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under this
section that the State designates.''.
(d) High Priority Projects Program.--Section 117 of title 23,
United States Code, is amended by adding at the end the following:
``(i) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in section 1702
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109-59), the State may use all or
any portion of such funds to carry out such project or any other
project eligible for assistance under the surface transportation
program in section 133 that the State designates.''.
(e) Transportation Improvements.--Section 1934 of such Act is
amended by adding at the end the following:
``(d) Funding Flexibility.--If a State is provided funds under this
section for a project described in the table contained in subsection
(c), the State may use all or any portion of such funds to carry out
such project or any other project eligible for assistance under the
surface transportation program in section 133 of title 23, United
States Code, that the State designates.''.
(f) Projects for Bus and Bus-Related Facilities and Clean Funds
Grant Program.--Section 3044 of such Act is amended by adding at the
end the following:
``(d) Funding Flexibility.--If a recipient is provided funds under
this section or section 5308 of title 49, United States Code, or both,
for a project described in the table contained in subsection (a), the
recipient may use all or any portion of such funds to carry out such
project or any other project eligible for assistance under this section
or section 5308 of such title, other than a project to fund any
operations of buses or bus-related facilities.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that State departments of
transportation should take project descriptions in section 144(g)(1)(A)
of title 23, United States Code, and in the tables contained in
sections 1301, 1302, 1702, 1934, and 3044 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59) into consideration if such projects involve
improving transportation safety.
SEC. 4. ACROSS-THE-BOARD RESCISSIONS.
(a) Fiscal Year 2006.--
(1) In general.--On September 30, 2006, there is rescinded
$4,718,047,269 of the unobligated balances of funds apportioned
before such date to the States for the Interstate maintenance,
national highway system, bridge, congestion mitigation and air
quality improvement, surface transportation (other than the STP
set-aside programs), metropolitan planning, minimum guarantee,
Appalachian development highway system, recreational trails,
safe routes to school, freight intermodal connectors,
coordinated border infrastructure, high risk rural road, high
priority projects, and transportation improvements programs and
each of the STP set-aside programs.
(2) Allocation among states.--The Secretary shall determine
each State's share of the amount to be rescinded by paragraph
(1) by multiplying $4,718,047,269 by the ratio of the aggregate
amount apportioned to such State for fiscal year 2006 for all
the programs referred to in paragraph (1) to the aggregate
amount apportioned to all States for such fiscal year for those
programs.
(3) Calculations.--To determine the allocation of the
amount to be rescinded for a State under paragraph (2) among
the programs referred to in paragraph (1), the Secretary of
Transportation shall make the following calculations:
(A) The Secretary shall multiply such amount to be
rescinded by the ratio that the aggregate amount of
unobligated funds available to the State on September
30, 2006, for each such program bears to the aggregate
amount of unobligated funds available to the State on
September 30, 2006, for all such programs.
(B) The Secretary shall multiply such amount to be
rescinded by the ratio that the aggregate of the amount
apportioned to the State for each such program for
fiscal year 2006 bears to the aggregate amount
apportioned to the State for all such programs for
fiscal year 2006.
(4) Allocation among programs.--
(A) In general.--The Secretary, in consultation
with the State, shall rescind for the State from each
program referred to in paragraph (1) the amount
determined for the program under paragraph (3)(A).
(B) Special rule.--
(i) Restoration of funds for covered
programs.--If the rescission calculated under
paragraph (3)(A) for a covered program exceeds
the amount calculated for the covered program
under paragraph (3)(B), the State shall
immediately restore to the apportionment
account for the covered program from the
unobligated balances of programs referred to in
paragraph (1) (other than covered programs) the
amount of funds required so that the net
rescission from the covered program does not
exceed the amount calculated for the covered
program under paragraph (3)(B).
(ii) Treatment of restored funds.--Any
funds restored under clause (i) shall be deemed
to be the funds that were rescinded for the
purposes of obligation.
(C) Covered program defined.--In subparagraph (B),
the term ``covered program'' means a program authorized
under sections 130 and 152 of title 23, United States
Code, paragraph (2) or (3) of section 133(d) of that
title, section 144 of that title, section 149 of that
title, or section 1404 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Public Law 109-59).
(5) Limitation on recalculation of equity bonus program.--
Notwithstanding any other provision of law, the amounts
determined, and the amounts allocated, under section 105 of
title 23, United States Code, for fiscal year 2006 shall not be
recalculated to take into account a rescission made pursuant to
this subsection.
(6) STP set-aside program defined.--In this subsection, the
term ``STP set-aside program'' means the amount set aside under
section 133(d) of title 23, United States Code, for each of
transportation enhancement activities and the division between
urbanized areas of over 200,000 population and other areas.
(b) Fiscal Year 2007, 2008, and 2009.--
(1) In general.--Subject to paragraph (2), there is
rescinded 10 percent of each amount authorized to be
appropriated for each of fiscal years 2007, 2008, and 2009 by
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59), including
any amendment made by such Act, and including any amount
authorized to be appropriated for the equity bonus program
under section 105 of title 23, United States Code, but
excluding any amount authorized to be appropriated for the
highway safety improvement program.
(2) Timing.--A rescission made by paragraph (1) of an
amount authorized to be appropriated for a fiscal year shall
take affect on October 1 of such fiscal year before any
apportionment or allocation of such amount and before such
amount is subject to any set aside or subtraction.
(3) Limitation on recalculation of equity bonus program.--
Notwithstanding any other provision of law, the amounts
determined, and the amounts allocated, under section 105 of
title 23, United States Code, for a fiscal year shall not be
recalculated to take into account a rescission made by this
subsection.
(c) September 30, 2009.--Section 10212 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59) is amended in subsection (a) by inserting after
``high risk rural road,'' the following: ``high priority projects,
transportation improvements,''.
(d) Reports.--Not later than the 60th day following the date of
each rescission made by subsection (a) or (b), the Secretary of
Transportation, in consultation with the Director of the Office of
Management and Budget shall submit to the appropriate committees of
Congress a report containing the amount rescinded for each program
referred to in subsection (a) and the amount rescinded for each program
or activity for which there is a rescission made by subsection (b). | Accountability and Flexibility Associated With Spending on Transportation Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to allow a state to use its specified transportation improvement program (TIP) project allocation for any other eligible transportation project the state may designate.
Expresses the sense of Congress that state departments of transportation should take project descriptions in certain set-aside bridge program projects and specified TIP projects under SAFETEA-LU into consideration if such projects involve improving transportation safety.
Rescinds for FY2006 a specified amount of state unobligated balances of funds for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, high priority projects, and TIPs and each of the STP set-aside programs. Rescinds 10% of amounts appropriated for FY2007-FY2009 by SAFETEA-LU (including the equity bonus program), but excluding amounts appropriated for the highway safety improvement program. | {"src": "billsum_train", "title": "To amend Public Law 109-59 to provide additional transportation flexibility and to rescind certain amounts of Federal funding."} | 2,258 | 274 | 0.537522 | 1.617182 | 0.692606 | 5.484581 | 8.881057 | 0.894273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
participation by--
(A) individuals;
(B) institutions of higher education, including
historically Black colleges and universities and other
institutions serving minorities; and
(C) large and small businesses, including
businesses owned or controlled by socially and
economically disadvantaged persons.
(2) Announcement through federal register notice.--
(A) In general.--The Secretary shall announce each
prize competition by publishing a notice in the Federal
Register.
(B) Requirements.--The notice shall include a
description of--
(i) the subject of the competition;
(ii) the duration of the competition;
(iii) the eligibility requirements for
participation in the competition;
(iv) the process for participants to
register for the competition;
(v) the amount of the prize; and
(vi) the criteria for awarding the prize.
(c) Administering the Competitions.--
(1) In general.--The Secretary shall enter into an
agreement with a private, nonprofit entity to administer the
prize competitions, subject to this Act.
(2) Duties.--The duties of the administering entity under
the agreement shall include--
(A) advertising prize competitions and the results
of the prize competitions;
(B) raising funds from private entities and
individuals to pay for administrative costs and
contribute to cash prizes;
(C) working with the Secretary to develop the
criteria for selecting winners in prize competitions,
based on goals provided by the Secretary;
(D) determining, in consultation with the
Secretary, the appropriate amount for each prize to be
awarded;
(E) selecting judges in accordance with section
4(d), using criteria developed in consultation with the
Secretary; and
(F) preventing the unauthorized use or disclosure
of the intellectual property, trade secrets, and
confidential business information of registered
participants.
(d) Funding Sources.--
(1) In general.--Cash prizes under this Act shall consist
of funds appropriated under section 8 and any funds provided by
the administering entity for the cash prizes (including funds
raised pursuant to subsection (c)(2)(B)).
(2) Other federal agencies.--The Secretary may accept funds
from other Federal agencies for the cash prizes.
(3) No special consideration.--The Secretary may not give
any special consideration to any private sector entity or
individual in return for a donation to the administering
entity.
(e) Announcement of Prizes.--
(1) In general.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay
out the announced amount of the prize have been appropriated or
committed in writing by the administering entity.
(2) Increase in amount of prize.--The Secretary may
increase the amount of a prize after an initial announcement is
made under subsection (b)(2) if--
(A) notice of the increase is provided in the same
manner as the initial notice of the prize; and
(B) the funds needed to pay out the announced
amount of the increase have been appropriated or
committed in writing by the administering entity.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria that--
(A) shall include minimal carbon emissions; and
(B) may include cost criteria designed to
facilitate the eventual market success of a winning
technology.
(b) Awards.--
(1) Advancements.--
(A) In general.--To the extent permitted under
section 3(e), the prizes authorized under subsection
(a)(1) shall be awarded biennially to the most
significant advance made in each of the 4 subcategories
described in subparagraphs (A) through (D) of
subsection (a)(1) since the submission deadline of the
previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is
significant enough to merit an award.
(B) Maximum amount for single prize.--No single
prize described in subparagraph (A) may exceed
$1,000,000.
(C) Insufficient total funds.--If less than
$4,000,000 is available for a prize competition under
subsection (a)(1), the Secretary may--
(i) omit 1 or more subcategories;
(ii) reduce the amount of the prizes; or
(iii) not hold a prize competition.
(2) Prototypes.--
(A) In general.--To the extent permitted under
section 3(e), prizes authorized under subsection (a)(2)
shall be awarded biennially in alternate years from the
prizes authorized under subsection (a)(1).
(B) Total number of prizes.--The Secretary may
award no more than 1 prize under subsection (a)(1) in
each 2-year period.
(C) Maximum amount for single prize.--No single
prize under this paragraph may exceed $4,000,000.
(D) Insufficient qualified entries.--If no
registered participant meets the objective performance
criteria established pursuant to subsection (c) for a
competition under this paragraph, the Secretary shall
not award a prize.
(3) Transformational technologies.--
(A) In general.--To the extent permitted under
section 3(e), the Secretary shall announce 1 prize
competition authorized under subsection (a)(3) as soon
as practicable after the date of enactment of this Act.
(B) Amount of prize.--A prize offered under this
paragraph shall--
(i) be in an amount not less than
$10,000,000;
(ii) be paid to the winner in a lump sum;
and
(iii) include an additional amount paid to
the winner as a match for each dollar of non-
Federal funding raised by the winner for the
hydrogen technology beginning on the date the
winner was named.
(C) Matching.--
(i) In general.--The match described in
subparagraph (B)(iii) shall be provided until
the earlier of--
(I) the date that is 3 years after
the date the prize winner is named; or
(II) the date on which the full
amount of the prize has been paid out.
(ii) Election.--A prize winner may elect to
have the match amount paid to another entity
that is continuing the development of the
winning technology.
(iii) Rules.--The Secretary shall announce
the rules for receiving the match in the notice
required by section 3(b)(2).
(D) Requirements.--The Secretary shall award a
prize under this paragraph only when a registered
participant has met the objective criteria established
for the prize pursuant to subsection (c) and announced
pursuant to section 3(b)(2).
(E) Total amount of funds.--
(i) Federal funds.--Not more than
$10,000,000 in Federal funds may be used for
the prize award under this paragraph.
(ii) Matching funds.--As a condition of
entering into an agreement under section 3(c),
the administering entity shall seek to raise
$40,000,000 in non-Federal funds toward the
matching award under this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary shall consult with--
(1) the Hydrogen Technical and Fuel Cell Advisory Committee
of the Department;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, the National Academy of
Sciences, and the National Academy of Engineering.
(d) Judges.--
(1) In general.--For each prize competition, the Secretary
shall assemble a panel of qualified judges to select the 1 or
more winners on the basis of the criteria established under
subsection (c).
(2) Inclusions.--Judges for each prize competition shall
include individuals from outside the Department, including from
the private sector.
(3) Prohibitions.--A judge may not--
(A) have personal or financial interests in, or be
an employee, officer, director, or agent of, any entity
that is a registered participant in the prize
competition for which the judge will serve as a judge;
or
(B) have a familial or financial relationship with
an individual who is a registered participant in the
prize competition for which the judge will serve as a
judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States;
(3) in the case of an individual (whether participating
singly or in a group), shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(4) shall not be a Federal entity, a Federal employee
acting within the scope of employment, or an employee of a
national laboratory acting within the scope of employment.
SEC. 6. INTELLECTUAL PROPERTY.
(a) In General.--Subject to subsection (b), the Federal Government
shall not, by virtue of offering or awarding a prize under this Act, be
entitled to any intellectual property rights derived as a consequence
of, or direct relation to, the participation by a registered
participant in a competition authorized by this Act.
(b) Negotiation of Licenses Permitted.--This section does not
prevent the Federal Government from negotiating a license for the use
of intellectual property developed for a prize competition under this
Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--
(1) In general.--As a condition of participation in a
competition under this Act, the Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims for
willful misconduct) for any injury, death, damage, or loss of
property, revenue, or profits arising from the participation of
the registered participants in a competition under this Act.
(2) Notice required.--The Secretary shall provide notice of
any waiver required under this subsection in the notice
required by section 3(b)(2).
(3) Prohibition.--The Secretary may not require a
registered participant to waive claims against the
administering entity arising out of the unauthorized use or
disclosure by the administering entity of the intellectual
property, trade secrets, or confidential business information
of the registered participant.
(b) Liability Insurance.--
(1) Requirements.--As a condition of participation in a
competition under this Act, a registered participant shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--
(A) In general.--The Federal Government shall be
named as an additional insured under the insurance
policy of a registered participant required under
paragraph (1)(A).
(B) Mandatory indemnification.--As a condition of
participation in a competition under this Act, a
registered participant shall be required to agree to
indemnify the Federal Government against third party
claims for damages arising from or related to
competition activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary to carry out this Act for the period of fiscal years
2007 through 2016--
(A) $20,000,000 for awards described in section
4(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for the administrative costs of carrying out this
Act $2,000,000 for each of fiscal years 2007 through 2016.
(b) Carryover of Funds.--
(1) In general.--Funds appropriated for prize awards under
this Act--
(A) shall remain available until expended; and
(B) may be transferred, reprogrammed, or expended
for other purposes only after the expiration of 10
fiscal years after the fiscal year for which the funds
were originally appropriated.
(2) Relation to other law.--No provision in this Act
permits obligation or payment of funds in violation of section
1341 of title 31, United States Code (commonly known as the
``Anti-Deficiency Act'').
SEC. 9. MAINTENANCE OF EFFORT.
The Secretary shall ensure that funds provided under this Act will
be used only to supplement, and not to supplant, Federal research and
development programs.
SEC. 10. SUNSET.
The authority provided by this Act shall terminate on September 30,
2017. | H-Prize Act of 2006 - Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Instructs the Secretary to encourage broad participation, including by individuals, universities (including minority-serving institutions), and large and small businesses (including those owned or controlled by socially and economically disadvantaged persons).
Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions.
States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity.
Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria.
Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy."} | 3,123 | 255 | 0.695304 | 2.023135 | 0.978405 | 5.831224 | 12.227848 | 0.953586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Domestic Violence Hotline
Enhancement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There are over 2,000 domestic violence shelters in the
United States.
(2) The National Domestic Violence Hotline has received
more than 500,000 calls from domestic violence victims
nationwide since 1996, and continues to receive 11,000 to
13,000 calls per month.
(3) Access to shelters that address the specific needs of
domestic violence victims and their families is critical for
women who are trying to escape violence.
(4) In Minnesota, the only State with a statewide, online
network of domestic violence shelters, 90 percent of domestic
violence victims and their families are assured of receiving
the services they need, when and where they need them, in a
single call.
(5) An online network of shelters would allow victims and
their families to relocate to a broader number of areas within
a State or in other States so that they can be as safe as
possible.
(6) An online network would reduce the number of calls
women need to make to find a domestic violence shelter.
(7) The National Network to End Domestic Violence estimates
that only 43 percent of domestic violence shelters in the
United States have access to the Internet.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To provide a grant to develop a fully secure,
continuously updated network of available domestic violence
shelters and services across the United States. Such a network
shall be made available to the National Domestic Violence
Hotline, shelters nationwide, State and local domestic violence
agencies, and other domestic violence organizations, to enable
such entities to connect a victim of domestic violence to the
most safe, appropriate, and convenient shelter, while the
victim remains on the telephone line, or in the most efficient
way possible.
(2) To ensure that domestic violence victims get the help
they need in a single phone call.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall award a grant to a
nonprofit organization to establish and operate, in consultation and
collaboration with the Department of Health and Human Services, an
Internet website (referred to in this Act as the ``Website''), that
shall--
(1) link, to the greatest extent possible, the National
Domestic Violence Hotline, every domestic violence shelter in
the United States, State and local domestic violence agencies,
and other domestic violence organizations so that such entities
will be able to connect a victim of domestic violence to the
most safe, appropriate, and convenient domestic violence
shelter while the victim remains on the telephone line or in
the most efficient way possible;
(2) be highly secure; and
(3) contain continuously updated information as to
available services and space in domestic violence shelters
across the United States, to the maximum extent practicable.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require. The application shall--
(1) demonstrate the experience of the applicant in
successfully developing and managing a technology-based network
of domestic violence shelters;
(2) demonstrate a record of success of the applicant in
meeting the needs of domestic violence victims and their
families; and
(3) include a certification that the applicant will--
(A) implement the highest level security system to
ensure the confidentiality of the Website;
(B) establish, within 5 years, a Website that link
the entities described in subsection (a)(1);
(C) consult with the entities described in
subsection (a)(1) in developing and implementing the
Website and providing Internet connections; and
(D) otherwise comply with the requirements of this
section.
(c) Use of Grant Award.--The recipient of a grant award under this
section shall--
(1) collaborate with officials in the Department of Health
and Human Services in a manner determined appropriate by the
Secretary;
(2) collaborate with the National Domestic Violence Hotline
in developing and implementing the network;
(3) ensure that the Website is continuously updated;
(4) ensure that the Website provides information describing
the services of each domestic violence shelter to which the
Website is linked, including information for individuals with
limited English proficiency and information concerning access
to medical care, social services, transportation, services for
children, and other relevant services;
(5) ensure that the Website provides up-to-the-minute
information on available bed space in domestic violence
shelters across the United States, to the maximum extent
practicable;
(6) provide training to the staff of the Hotline and to
staff of the entities described in subsection (a)(1) regarding
how to use the Website to best meet the needs of callers;
(7) provide Internet access to domestic violence shelters
in the United States that do not have the appropriate
technology for such access, to the maximum extent practicable;
and
(8) ensure that after the third year of the Website
project, the recipient will develop a plan to expand the
sources of funding for the Website to include funding from
public and private entities, although nothing in this paragraph
shall preclude a grant recipient under this Act from raising
funds from other sources at any time during the 5-year grant
period.
(d) Duration of Grant.--The term of a grant awarded under this
section shall be 5 years.
(e) Evaluation.--The Secretary shall annually--
(1) conduct an evaluation of the grant program carried out
under this Act in a manner that shall be designed to derive
information on--
(A) the confidentiality of the website;
(B) the progress of the grantee in linking the
entities described in subsection (a)(1) to the Network;
(C) the number of individuals served by the
website;
(D) any decreases in the number of phone calls
necessary to find shelter space for victims of domestic
violence; and
(E) other matters that the Secretary determines
appropriate to ensure that the grantee is achieving the
purposes of this Act; and
(2) submit to Congress a report on the results of that
evaluation.
(f) Oversight.--The Secretary shall have access to and monitor and
help ensure the security of the Website.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $10,000,000 for fiscal year 2003; and
(2) such sums as may be necessary for each of fiscal years
2004 through 2007.
(b) Administrative Costs.--Of the amount made available to carry
out this Act for each fiscal year the Secretary may use not more than 2
percent for administrative costs associated with the grant program
carried out under this Act, of which up to 5 percent shall be used to
assist the National Domestic Violence Hotline to participate in the
establishment of the Website. | National Domestic Violence Hotline Enhancement Act - Directs the Secretary of Health and Human Services to award a grant to a nonprofit organization to establish and operate an Internet website to: (1) link the National Domestic Violence Hotline, every domestic violence shelter, State and local domestic violence agencies, and other domestic violence organizations; and (2) maintain continuously updated information regarding such available shelter space and services throughout the United States. | {"src": "billsum_train", "title": "A bill to ensure that victims of domestic violence get the help they need in a single phone call, and for other purposes."} | 1,463 | 84 | 0.626283 | 1.539863 | 1.31082 | 4.0375 | 18.6125 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transforming Undergraduate STEM
Education Act''.
SEC. 2. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.
Section 17 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-6) is amended to read as follows:
``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.
``(a) In General.--The Director shall award grants, on a
competitive, merit-reviewed basis, to institutions of higher education
to implement or expand research-based reforms in undergraduate STEM
education for the purpose of increasing the number and quality of
students studying toward and completing baccalaureate degrees in STEM.
``(b) Uses of Funds.--Activities supported by grants under this
section may include--
``(1) development, implementation, and assessment of
innovative, research-based approaches to transforming the
teaching and learning of disciplinary or interdisciplinary STEM
at the undergraduate level;
``(2) expansion of successful STEM reform efforts beyond a
single course or group of courses to achieve reform within an
entire academic unit, or expansion of successful reform efforts
beyond a single academic unit to other STEM academic units
within an institution;
``(3) creation of multidisciplinary or interdisciplinary
courses or programs that formalize collaborations for the
purpose of improved student instruction and research in STEM;
``(4) expansion of undergraduate STEM research
opportunities to include interdisciplinary research
opportunities and research opportunities in industry, at
Federal labs, and at international research institutions or
research sites;
``(5) implementation or expansion of bridge, cohort,
tutoring, or mentoring programs proven to enhance student
recruitment or persistence to degree completion in STEM;
``(6) improvement of undergraduate STEM education for
nonmajors, including education majors;
``(7) implementation of technology-driven reform efforts,
including the installation of technology to facilitate such
reform, that directly impact undergraduate STEM instruction or
research experiences;
``(8) development and implementation of faculty development
programs focused on improved instruction, mentoring,
evaluation, and support of undergraduate STEM students;
``(9) support for graduate students and postdoctoral
fellows to participate in instructional or assessment
activities at primarily undergraduate institutions; and
``(10) research on teaching and learning of STEM at the
undergraduate level related to the proposed reform effort,
including assessment and evaluation of the proposed reform
activities and research on scalability and sustainability of
approaches to reform.
``(c) Selection Process.--
``(1) Applications.--An institution of higher education
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 require. The application
shall include, at a minimum--
``(A) a description of the proposed reform effort;
``(B) a description of the research findings that
will serve as the basis for the proposed reform effort
or, in the case of applications that propose an
expansion of a previously implemented reform effort, a
description of the previously implemented reform
effort, including data on student recruitment,
persistence to degree completion, and academic
achievement;
``(C) evidence of institutional support for, and
commitment to, the proposed reform effort, including
long-term commitment to implement successful strategies
from the current reform effort beyond the academic unit
or units included in the grant proposal;
``(D) a description of existing or planned
institutional policies and practices regarding faculty
hiring, promotion, tenure, and teaching assignment that
reward faculty contributions to undergraduate STEM
education; and
``(E) a description of the plans for assessment and
evaluation of the proposed reform activities, including
evidence of participation by individuals with
experience in assessment and evaluation of teaching and
learning programs.
``(2) Review of applications.--In selecting grant
recipients under this section, the Director shall consider at a
minimum--
``(A) the likelihood of success in undertaking the
proposed effort at the institution submitting the
application, including the extent to which the faculty,
staff, and administrators of the institution are
committed to making the proposed institutional reform a
priority of the participating academic unit or units;
``(B) the degree to which the proposed reform will
contribute to change in institutional culture and
policy such that a greater value is placed on faculty
engagement in undergraduate education;
``(C) the likelihood that the institution will
sustain or expand the reform beyond the period of the
grant; and
``(D) the degree to which scholarly assessment and
evaluation plans are included in the design of the
reform effort.
``(3) Priority.--For proposals that include an expansion of
existing reform efforts beyond a single academic unit, the
Director shall give priority to proposals for which a senior
institutional administrator, including a dean or other
administrator of equal or higher rank, serves as the principal
investigator.
``(4) Grant distribution.--The Director shall ensure, to
the extent practicable, that grants awarded under this section
are made to a variety of types of institutions of higher
education.''. | Transforming Undergraduate STEM Education Act - Amends the National Science Foundation Authorization Act of 2002 to make changes to the program requiring the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology (STEM) education.
Expands grant uses to allow their use in: (1) implementing, rather that just expanding, research-based reforms in undergraduate STEM education; (2) creating multidisciplinary or interdisciplinary STEM courses or programs; (3) expanding undergraduate STEM research opportunities to include interdisciplinary research and research in industry, at federal labs, and at international research institutions or research sites; (4) implementing or expanding bridge, cohort, tutoring, or mentoring programs that enhance student recruitment or persistence; (5) implementing STEM faculty development programs; (6) supporting the participation of graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs; and (7) researching STEM teaching and learning at the undergraduate level related to the proposed reform effort.
Gives priority, among proposals that expand existing reform efforts beyond a single academic unit, to proposals for which a senior institutional administrator serves as the principal investigator. | {"src": "billsum_train", "title": "To authorize the National Science Foundation to provide grants for implementing or expanding research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM."} | 1,073 | 262 | 0.728349 | 2.002804 | 0.987313 | 3.179916 | 4.48954 | 0.887029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Tax Fairness Act of
1993''.
SEC. 2. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES.
(a) General Rule.--Subpart C of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the lesser of--
``(1) such individual's employee OASDI taxes for the
taxable year, or
``(2) the tax credit limitation amount for the calendar
year in which such taxable year begins.
``(b) Tax Credit Limitation Amount.--For purposes of subsection
(a)--
``(1) In general.--Except as otherwise provided in this
subsection, the tax credit limitation amount for any calendar
year is the amount which the Secretary estimates will result in
a reduction of revenues to the Federal Old-Age and Survivors
Insurance Trust Fund for such calendar year equal to the
increase in revenues for such year attributable to the
application of--
``(A) the tax imposed by section 3101(a) to wages
in excess of the contribution and benefit base for such
year, and
``(B) the last sentence of section 1402(b).
``(2) Railroad retirement.--In the case of an individual
all of whose employee OASDI taxes for the taxable year are
described in subparagraphs (B) and (D) of subsection (c)(1),
the tax credit limitation amount for any calendar year is the
amount which the Railroad Retirement Board estimates will
result in a reduction of revenues to the Railroad Retirement
Account for such calendar year equal to the increase in
revenues for such year attributable to the application of the
taxes described in such subparagraphs to compensation in excess
of the contribution and benefit base for such year.
``(3) Adjustments.--The Secretary of the Treasury and the
Railroad Retirement Board, as the case may be, shall make
proper adjustments in the determination of the tax credit
limitation amounts to the extent prior estimates were in excess
of or less than the correct amounts for the purpose of ensuring
that the balances of the Federal Old-Age and Survivors
Insurance Trust Fund and the Railroad Retirement Account are
not eroded by reason of the credits allowed under this section,
thereby maintaining the long-term stability of such Trust Fund
and Account.
``(c) Employee OASDI Taxes.--For purposes of this section--
``(1) In general.--The term `employee OASDI taxes' means,
with respect to any taxpayer for any taxable year--
``(A) the amount of the taxes imposed by section
3101(a) on amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(B) so much of the tax imposed by section 3201(a)
as is determined at a rate not greater than the rate in
effect under section 3101(a) on amounts received by the
taxpayer during the calendar year in which the taxable
year begins,
``(C) 50 percent of the taxes imposed by section
1401(a) on the self-employment income of the taxpayer
for the taxable year, and
``(D) so much of the tax imposed by section
3211(a)(1) as is determined at a rate not greater than
the rate in effect under section 3101(a) on amounts
received by the taxpayer during the calendar year in
which the taxable year begins.
``(2) Special rule.--Any amounts paid pursuant to an
agreement under section 3121(l) (relating to agreements entered
into by American employers with respect to foreign affiliates)
which are equivalent to the taxes referred to in paragraph
(1)(A) shall be treated as taxes referred to in such paragraph.
``(3) Contribution and benefit base.--The term
`contribution and benefit base' means the contribution and
benefit base determined under section 230 of the Social
Security Act.''
(b) Cost of Credit Borne By Retirement Funds.--
(1) OASDI trust fund.--The Secretary of the Treasury shall
pay, from time to time, from the Federal Old-Age and Survivors
Insurance Trust Fund to the general fund of the Treasury
amounts equivalent to the credits allowed under section 35 of
the Internal Revenue Code of 1986 which are attributable to
taxes described in subparagraphs (A) and (C) of section
35(c)(1) of such Code.
(2) Railroad retirement account.--The Railroad Retirement
Board shall pay, from time to time, from the Railroad
Retirement Account to the general fund of the Treasury amounts
equivalent to the credits allowed under section 35 of the
Internal Revenue Code of 1986 which are attributable to taxes
described in subparagraphs (B) and (D) of section 35(c)(1) of
such Code.
(3) Transfers.--Such amounts shall be transferred on the
basis of estimates by the Secretary of the Treasury or the
Railroad Retirement Board, as the case may be, and proper
adjustments shall be made in amounts subsequently transferred
to the extent prior estimates were in excess of or less than
the credits allowed.
(c) Technical Amendments.--
(1) 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''.
(2) 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. Credit for portion of employee
OASDI taxes.
``Sec. 36. Overpayments of tax.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 3. REPEAL OF DOLLAR LIMITATION ON AMOUNT OF WAGES SUBJECT TO
EMPLOYEE OASDI TAX.
(a) OASDI Tax.--
(1) Paragraph (1) of section 3121(a) of the Internal
Revenue Code of 1986 (defining wages) is amended by inserting
``except in the case of the tax imposed by section 3101(a),''
after ``(1)''.
(2) Paragraph (1) of section 3121(x) of such Code is
amended--
(A) by striking ``sections 3101(a) and 3111(a)''
and inserting ``section 3111(a)'', and
(B) by inserting ``Employer Tax for'' before ``Old-
Age'' in the heading.
(b) Self-Employment Tax.--Subsection (b) of section 1402 of such
Code is amended by adding at the end thereof the following new
sentence: ``Paragraph (1) shall not apply to so much of the rate
applicable under section 1401(a) as does not exceed the rate of tax in
effect under section 3101(a).''
(c) Railroad Retirement Tax.--Subparagraph (A) of section
3231(e)(2) of such Code is amended by adding at the end thereof the
following new clause:
``(iii) Employee oasdi taxes.--Clause (i)
shall not apply to--
``(I) so much of the rate
applicable under section 3201(a) as
does not exceed the rate of tax in
effect under section 3101(a), and
``(II) so much of the rate
applicable under section 3211(a)(1) as
does not exceed the rate of tax in
effect under section 3101(a).''
(d) Technical Amendments.--
(1) Paragraph (1) of section 6413(c) of such Code is
amended--
(A) by striking ``the contribution and benefit base
(as determined under section 230 of the Social Security
Act)'' and inserting ``the applicable contribution base
determined under section 3121(x)(2)'', and
(B) by striking ``section 3101 or section 3201''
and inserting ``section 3101(b) or section 3201(a) (to
the extent the rate applicable under section 3201(a) as
does not exceed the rate of tax in effect under section
3101(b))''.
(2) Subparagraphs (B) and (C) of section 6413(c)(2) of such
Code are each amended by striking ``section 3101'' each place
it appears and inserting ``section 3101(b)''.
(3) Subsection (c) of section 6413 of such Code is amended
by striking paragraph (3).
(e) Effective Date.--The amendments made by this section shall
apply to 1994 and later calendar years. | Social Security Tax Fairness Act of 1993 - Amends the Internal Revenue Code to allow a refundable credit for a portion of an individual's employee OASDI taxes. Requires payment for the costs of such credit to the general fund of the Treasury from amounts in the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account.
Repeals the dollar limitation on the amount of wages subject to employee OASDI taxes. | {"src": "billsum_train", "title": "Social Security Tax Fairness Act of 1993"} | 2,028 | 101 | 0.621914 | 1.517158 | 0.78044 | 3.7125 | 22.3 | 0.9125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Otay Mountain Wilderness Act of
1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the public land in the Otay Mountain region of
California is one of the last remaining pristine locations in
western San Diego County, California;
(2) this rugged mountain adjacent to the United States-
Mexico border is internationally known for having a diversity
of unique and sensitive plants;
(3) this area plays a critical role in San Diego's multi-
species conservation plan, a national model made for
maintaining biodiversity;
(4) due to the proximity of the Otay Mountain region to the
international border, this area is the focus of important law
enforcement and border interdiction efforts necessary to
curtail illegal immigration and protect the area's wilderness
values; and
(5) the illegal immigration traffic, combined with the
rugged topography, present unique fire management challenges
for protecting lives and resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means
the Otay Mountain Wilderness designated by section 4.
SEC. 4. DESIGNATION.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), there is designated as wilderness and as a component of
the National Wilderness Preservation System certain public land in the
California Desert District of the Bureau of Land Management,
California, comprising approximately 18,500 acres as generally depicted
on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998.
(b) Otay Mountain Wilderness.--The area designated under subsection
(a) shall be known as the Otay Mountain Wilderness.
SEC. 5. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, a map and a legal description for the Wilderness Area
shall be filed by the Secretary with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and typographical
errors in the map and legal description.
(c) Availability.--The map and legal description for the Wilderness
Area shall be on file and available for public inspection in the
offices of the Director and California State Director of the Bureau of
Land Management.
(d) United States-Mexico Border.--In carrying out this section, the
Secretary shall ensure that the southern boundary of the Wilderness
Area is--
(1) 100 feet north of the trail depicted on the map
referred to in subsection (a); and
(2) not less than 100 feet from the United States-Mexico
international border.
SEC. 6. WILDERNESS REVIEW.
All public land not designated as wilderness within the boundaries
of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and
the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by
the Bureau of Land Management and reported to the Congress in 1991--
(1) have been adequately studied for wilderness designation
under section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782); and
(2) shall no longer be subject to the requirements
contained in section 603(c) of that Act pertaining to the
management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation as
wilderness.
SEC. 7. ADMINISTRATION OF WILDERNESS AREA.
(a) In General.--Subject to valid existing rights and to subsection
(b), the Wilderness Area shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that for the purposes of the Wilderness Area--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the effective date
of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(b) Border Enforcement, Drug Interdiction, and Wildland Fire
Protection.--Because of the proximity of the Wilderness Area to the
United States-Mexico international border, drug interdiction, border
operations, and wildland fire management operations are common
management actions throughout the area encompassing the Wilderness
Area. This Act recognizes the need to continue such management actions
so long as such management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such
conditions as the Secretary considers appropriate.
SEC. 8. FURTHER ACQUISITIONS.
Any land within the boundaries of the Wilderness Area that is
acquired by the United States after the date of enactment of this Act
shall--
(1) become part of the Wilderness Area; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 9. NO BUFFER ZONES.
(a) In General.--The designation of the Wilderness Area by this Act
shall not lead to the creation of protective perimeters or buffer zones
outside the boundary of the Wilderness Area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness Area shall not, in and of itself, preclude nonwilderness
activities or uses outside the boundary of the Wilderness Area. | Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate.
Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness. | {"src": "billsum_train", "title": "Otay Mountain Wilderness Act of 1999"} | 1,356 | 99 | 0.517621 | 1.391478 | 0.839738 | 3.486486 | 16.108108 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Job Creation and
Access to Capital Act of 2009''.
TITLE I--NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY
SEC. 101. SECTION 7(A) BUSINESS LOANS.
(a) Amendment.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``75 percent'' and
inserting ``90 percent''; and
(B) in clause (ii), by striking ``85 percent'' and
inserting ``90 percent''; and
(2) in paragraph (3)(A), by striking ``$1,500,000 (or if
the gross loan amount would exceed $2,000,000'' and inserting
``$4,500,000 (or if the gross loan amount would exceed
$5,000,000''.
(b) Prospective Repeal.--Effective January 1, 2011, section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``90 percent'' and
inserting ``75 percent''; and
(B) in clause (ii), by striking ``90 percent'' and
inserting ``85 percent''; and
(2) in paragraph (3)(A), by striking ``$4,500,000'' and
inserting ``$3,750,000''.
SEC. 102. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.
Section 502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(1) in clause (i), by striking ``$1,500,000'' and inserting
``$5,000,000'';
(2) in clause (ii), by striking ``$2,000,000'' and
inserting ``$5,000,000'';
(3) in clause (iii), by striking ``$4,000,000'' and
inserting ``$5,500,000'';
(4) in clause (iv), by striking ``$4,000,000'' and
inserting ``$5,500,000''; and
(5) in clause (v), by striking ``$4,000,000'' and inserting
``$5,500,000''.
SEC. 103. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended--
(1) in paragraph (1)(B)(iii), by striking ``$35,000'' and
inserting ``$50,000'';
(2) in paragraph (3)--
(A) in subparagraph (C), by striking ``$3,500,000''
and inserting ``$5,000,000''; and
(B) in subparagraph (E), by striking ``$35,000''
each place that term appears and inserting ``$50,000'';
and
(3) in paragraph (11)(B), by striking ``$35,000'' and
inserting ``$50,000''.
SEC. 104. TEMPORARY FEE REDUCTIONS.
Section 501 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 151) is amended by striking ``September
30, 2010'' each place that term appears and inserting ``December 31,
2010''.
SEC. 105. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS.
Section 355 of the Small Business Investment Act of 1958 (15 U.S.C.
689d) is amended by adding at the end the following:
``(e) Investment Limitations.--
``(1) Definition.--In this subsection, the term `covered
New Markets Venture Capital company' means a New Markets
Venture Capital company--
``(A) granted final approval by the Administrator
under section 354(e) on or after March 1, 2002; and
``(B) that has obtained a financing from the
Administrator.
``(2) Limitation.--Except to the extent approved by the
Administrator, a covered New Markets Venture Capital company
may not acquire or issue commitments for securities under this
title for any single enterprise in an aggregate amount equal to
more than 10 percent of the sum of--
``(A) the regulatory capital of the covered New
Markets Venture Capital company; and
``(B) the total amount of leverage projected in the
participation agreement of the covered New Markets
Venture Capital.''.
SEC. 106. ALTERNATIVE SIZE STANDARDS.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is
amended by adding at the end the following:
``(5) Alternative Size Standard.--
``(A) In general.--The Administrator shall establish an
alternative size standard for applicants for business loans
under section 7(a) and applicants for development company loans
under title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.), that uses maximum tangible net worth and
average net income as an alternative to the use of industry
standards.
``(B) Interim rule.--Until the date on which the
alternative size standard established under subparagraph (A) is
in effect, an applicant for a business loan under section 7(a)
or an applicant for a development company loan under title V of
the Small Business Investment Act of 1958 may be eligible for
such a loan if--
``(i) the maximum tangible net worth of the
applicant is not more than $15,000,000; and
``(ii) the average net income after Federal income
taxes (excluding any carry-over losses) of the
applicant for the 2 full fiscal years before the date
of the application is not more than $5,000,000.''.
SEC. 107. SALE OF 7(A) LOANS IN SECONDARY MARKET.
Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) is
amended by adding at the end the following:
``(6) If the amount of the guaranteed portion of any loan under
section 7(a) is more than $500,000, the Administrator shall, upon
request of a pool assembler, divide the loan guarantee into increments
of $500,000 and 1 increment of any remaining amount less than $500,000,
in order to permit the maximum amount of any loan in a pool to be not
more than $500,000. Only 1 increment of any loan guarantee divided
under this paragraph may be included in the same pool. Increments of
loan guarantees to different borrowers that are divided under this
paragraph may be included in the same pool.''.
SEC. 108. ONLINE LENDING PLATFORM.
It is the sense of the Congress that the Administrator of the Small
Business Administration should establish a website that--
(1) lists each lender that makes loans guaranteed by the
Small Business Administration and provides information about
the loan rates of each such lender; and
(2) allows prospective borrowers to compare rates on loans
guaranteed by the Small Business Administration.
TITLE II--SMALL BUSINESS ACCESS TO CAPITAL
SEC. 201. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS
LOAN PROGRAM.
(a) Refinancing.--Section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) is amended by adding at the end the
following:
``(C) Refinancing not involving expansions.--
``(i) Definitions.--In this subparagraph--
``(I) the term `borrower' means a
small business concern that submits an
application to a development company
for financing under this subparagraph;
``(II) the term `eligible fixed
asset' means tangible property relating
to which the Administrator may provide
financing under this section; and
``(III) the term `qualified debt'
means indebtedness--
``(aa) that--
``(AA) was incurred
not less than 2 years
before the date of the
application for
assistance under this
subparagraph;
``(BB) is a
commercial loan;
``(CC) is not
subject to a guarantee
by a Federal agency;
``(DD) the proceeds
of which were used to
acquire an eligible
fixed asset;
``(EE) was incurred
for the benefit of the
small business concern;
and
``(FF) is
collateralized by
eligible fixed assets;
and
``(bb) for which the
borrower has been current on
all payments for not less than
1 year before the date of the
application.
``(ii) Authority.--A project that does not
involve the expansion of a small business
concern may include the refinancing of
qualified debt if--
``(I) the amount of the financing
is not more than 80 percent of the
value of the collateral for the
financing, except that, if the
appraised value of the eligible fixed
assets serving as collateral for the
financing is less than the amount equal
to 125 percent of the amount of the
financing, the borrower may provide
additional cash or other collateral to
eliminate any deficiency;
``(II) the borrower has been in
operation for all of the 2-year period
ending on the date of the loan; and
``(III) for a financing for which
the Administrator determines there will
be an additional cost attributable to
the refinancing of the qualified debt,
the borrower agrees to pay a fee in an
amount equal to the anticipated
additional cost.
``(iii) Financing for business expenses.--
``(I) Financing for business
expenses.--The Administrator may
provide financing to a borrower that
receives financing that includes a
refinancing of qualified debt under
clause (ii), in addition to the
refinancing under clause (ii), to be
used solely for the payment of business
expenses.
``(II) Application for financing.--
An application for financing under
subclause (I) shall include--
``(aa) a specific
description of the expenses for
which the additional financing
is requested; and
``(bb) an itemization of
the amount of each expense.
``(III) Condition on additional
financing.--A borrower may not use any
part of the financing under this clause
for non-business purposes.
``(iv) Loans based on jobs.--
``(I) Job creation and retention
goals.--
``(aa) In general.--The
Administrator may provide
financing under this
subparagraph for a borrower
that meets the job creation
goals under subsection (d) or
(e) of section 501.
``(bb) Alternate job
retention goal.--The
Administrator may provide
financing under this
subparagraph to a borrower that
does not meet the goals
described in item (aa) in an
amount that is not more than
the product obtained by
multiplying the number of
employees of the borrower by
$65,000.
``(II) Number of employees.--For
purposes of subclause (I), the number
of employees of a borrower is equal to
the sum of--
``(aa) the number of full-
time employees of the borrower
on the date on which the
borrower applies for a loan
under this subparagraph; and
``(bb) the product obtained
by multiplying--
``(AA) the number
of part-time employees
of the borrower on the
date on which the
borrower applies for a
loan under this
subparagraph; by
``(BB) the quotient
obtained by dividing
the average number of
hours each part time
employee of the
borrower works each
week by 40.
``(v) Nondelegation.--Notwithstanding
section 508(e), the Administrator may not
permit a premier certified lender to approve or
disapprove an application for assistance under
this subparagraph.
``(vi) Total amount of loans.--The
Administrator may provide not more than a total
of $4,000,000,000 of financing under this
subparagraph for each fiscal year.''.
(b) Prospective Repeal.--Effective 2 years after the date of the
enactment of this Act, section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) is amended by striking subparagraph (C).
(c) Technical Correction.--Section 502(2)(A)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended by
striking ``subparagraph (B) or (C)'' and inserting ``clause (ii),
(iii), (iv), or (v)''. | Small Business Job Creation and Access to Capital Act of 2009 - Amends the Small Business Act to increase maximum amounts of loans under the following Small Business Administration (SBA) loan programs: (1) the section 7(a) (general small business loans) guaranteed loan program; (2) the section 504 (state and local development company) program; and (3) the Microloan (small-scale loans to start-up, newly-established, and growing small businesses) program.
Amends the American Recovery and Reinvestment Act of 2009 to extend through 2010 SBA authority to reduce or eliminate loan fees on section 7(a) and 504 loans.
Amends the Small Business Investment Act of 1958 to apply single-business investment limits to SBA-recognized new markets venture capital companies.
Directs the SBA Administrator to establish for prospective borrowers an alternative small business size standard that uses maximum tangible net worth and average net income as an alternative to the use of industry standards.
Expresses the sense of Congress that the Administrator should establish a website that: (1) lists SBA lenders and provides loan rate information; and (2) allows prospective borrowers to compare rates on SBA-guaranteed loans.
Amends provisions of the Small Business Investment Act of 1958 relating to the local development business loan program to allow a small business borrower under such program to refinance a previous business debt: (1) that was incurred no less than two years before application for the SBA loan; (2) that is a commercial loan; (3) that is not guaranteed by a federal agency; (4) the proceeds of which were used to acquire a fixed asset for the benefit of the small business; (5) that is collateralized by fixed assets; and (6) for which the borrower has been current on all payments for at least one year. Allows the Administrator to provide financing under such program for a borrower that meets certain job creation or retention goals. Provides an alternate job retention goal for which a borrower may qualify. | {"src": "billsum_train", "title": "To increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns, and for other purposes."} | 2,917 | 424 | 0.510528 | 1.497453 | 0.7956 | 2.912596 | 6.578406 | 0.886889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silent Skies Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft and airport noise is one of the most common
``quality of life'' nuisance issues in neighborhoods throughout
the United States; and
(2) the stage 4 aircraft noise certification standard
became applicable to new type design aircraft in 2006 pursuant
to an agreement signed by the International Civil Aviation
Organization, of which the United States is a member.
SEC. 3. AIRCRAFT NOISE REDUCTION TECHNOLOGY RESEARCH, DEVELOPMENT, AND
IMPLEMENTATION PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of title
49, United States Code, is amended by adding at the end the following:
``Sec. 47511. Aircraft noise reduction technology research,
development, and implementation partnership
``(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into a cooperative agreement, using a
competitive process, with an institution, entity, or consortium to
carry out a program for the development, maturing, and certification of
aircraft technology that will assist in-service and in-production civil
turbojets that have noise levels greater than the levels specified in
stage 4 noise standards in complying with such noise standards, as
required under subchapter II of this chapter, or more stringent noise
standards.
``(b) Terms and Conditions.--The Administrator may include in a
cooperative agreement entered into under this section terms and
conditions requiring a recipient of funds under the cooperative
agreement--
``(1) to conduct activities under the cooperative agreement
on a cost-shared basis, using Federal and non-Federal funds;
and
``(2) to make repayments to the United States of all or a
portion of the amounts received by the recipient under the
cooperative agreement, if an aircraft technology developed
under the cooperative agreement results in revenues for the
recipient.
``(c) Funding.--Of amounts appropriated under section 48102(a), not
more than $10,000,000 for each of fiscal years 2014, 2015, and 2016 may
be used to carry out this section.
``(d) Report.--Beginning in fiscal year 2014, the Administrator
shall publish an annual report on the program established under this
section until completion of the program.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``47511. Aircraft noise reduction technology research, development, and
implementation partnership.''.
SEC. 4. PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT COMPLYING WITH
STAGE 4 NOISE LEVELS.
(a) In General.--Subchapter II of chapter 475 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 47535. Limitation on operating certain aircraft not complying
with stage 4 noise levels
``(a) Regulations.--Not later than December 3, 2015, the Secretary
of Transportation, in consultation with the International Civil
Aviation Organization, shall issue regulations to establish minimum
standards for civil turbojets to comply with stage 4 noise levels.
``(b) General Rule.--The Secretary shall issue regulations to
ensure that, except as provided in section 47529--
``(1) 25 percent of the civil turbojets with a maximum
weight of more than 75,000 pounds operating after December 31,
2020, to or from airports in the United States comply with the
stage 4 noise levels established under subsection (a);
``(2) 50 percent of such turbojets operating after December
31, 2025, to or from airports in the United States comply with
the stage 4 noise levels;
``(3) 75 percent of such turbojets operating after December
31, 2030, to or from airports in the United States comply with
the stage 4 noise levels; and
``(4) 100 percent of such turbojets operating after
December 31, 2035, to or from airports in the United States
comply with the stage 4 noise levels.
``(c) Foreign-Flag Aircraft.--
``(1) International standards.--The Secretary shall request
the International Civil Aviation Organization to add to its
Work Programme the consideration of international standards for
the phase-out of aircraft that do not comply with stage 4 noise
levels.
``(2) Enforcement.--The Secretary shall enforce the
requirements of this section with respect to foreign-flag
aircraft only to the extent that such enforcement is consistent
with United States obligations under international agreements.
``(d) Annual Report.--Beginning with calendar year 2016--
``(1) each air carrier shall submit to the Secretary an
annual report on the progress the carrier is making toward
complying with the requirements of this section and regulations
issued to carry out this section; and
``(2) the Secretary shall submit to Congress an annual
report on the progress being made toward that compliance.
``(e) Recertification Not Required.--
``(1) Limitation on statutory construction.--Nothing in
this section may be construed to require the recertification of
a civil turbojet that has been retrofitted to comply with or
otherwise already meets the stage 4 noise levels established
under subsection (a).
``(2) Means of demonstrating compliance with stage 4 noise
levels.--The Secretary shall specify means for demonstrating
that an aircraft complies with stage 4 noise levels without
requiring recertification.''.
(b) Nonaddition Rule.--
(1) In general.--Section 47529 of such title is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``subsonic''; and
(II) by striking ``November 4,
1990'' and inserting ``December 31,
2018'';
(ii) in paragraph (1) by striking ``stage
3'' and inserting ``stage 4''; and
(iii) in paragraph (2) by striking
``November 5, 1990'' and inserting ``January 1,
2019'';
(B) in subsection (b) by striking ``stage 3'' and
inserting ``stage 4''; and
(C) in subsection (c)(1) by striking ``November 5,
1990'' and inserting ``January 1, 2019''.
(2) Effective date.--The amendments made by this subsection
take effect on December 31, 2018.
(c) Conforming Amendments.--
(1) In general.--Chapter 475 of such title is amended--
(A) in the chapter analysis--
(i) by striking the item relating to
section 47530 and inserting the following:
``47530. Nonapplication of certain requirements to aircraft outside the
48 contiguous States.'';
and
(ii) by adding at the end the following:
``47535. Nonapplication of certain requirements to aircraft outside the
48 contiguous States.'';
(B) in section 47530--
(i) by striking the section designation and
heading and inserting the following:
``Sec. 47530. Nonapplication of certain requirements to aircraft
outside the 48 contiguous States'';
(ii) by striking ``and 47529'' and
inserting ``, 47529, and 47535'';
(iii) by striking ``subsonic'';
(iv) by striking ``November 4, 1990'' and
inserting ``December 31, 2018''; and
(v) by striking ``stage 3'' and inserting
``stage 4''; and
(C) in section 47531 by striking ``or 47534'' and
inserting ``47534, or 47535''.
(2) Effective date.--The amendments made by clauses (iii),
(iv), and (v) of paragraph (1)(B) take effect on December 31,
2018. | Silent Skies Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to enter into a competitive cooperative agreement with an institution, entity, or consortium to carry out a program for the development of aircraft technology that will assist in-service and in-production civil turbojets not meeting stage 4 noise standards to comply with them or with more stringent noise standards. Directs the Secretary of Transportation (DOT) to issue regulations to establish minimum standards to ensure that graduated percentages of civil turbojets weighing over 75,000 pounds comply with the stage 4 noise levels by specified dates. Requires the Secretary to request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft not complying with stage 4 noise levels. Declares that the requirements of this Act shall not apply to civil turbojet aircraft that operate outside of the 48 contiguous states. | {"src": "billsum_train", "title": "Silent Skies Act of 2013"} | 1,755 | 196 | 0.55414 | 1.643658 | 0.826391 | 4.508876 | 9.443787 | 0.911243 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Access to Diabetes
Supplies Act of 2015''.
SEC. 2. STRENGTHENING RULES APPLIED IN CASE OF COMPETITION FOR DIABETIC
TESTING STRIPS.
(a) Special Rule Applied in Case of Competition for Diabetic
Testing Strips.--
(1) In general.--Paragraph (10) of section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(A) in subparagraph (A), by striking the second
sentence and inserting the following new sentence:
``The volume for such types of products shall be
determined through the use of multiple sources of data
that measure consumption and utilization of diabetic
testing strips among individuals in the United
States.''; and
(B) by adding at the end the following new
subparagraphs:
``(C) Demonstration of ability to furnish types of
diabetic testing strips.--With respect to the program
described in subparagraph (A), the Secretary shall
reject a bid submitted by an entity if the entity does
not, as part of the demonstration to the Secretary
described in such subparagraph submitted by the entity,
demonstrate that the entity has an ability to furnish
the types of diabetic testing strips included in its
bid, including an ability to obtain and maintain an
inventory of such strips by volume in a manner
consistent with its bid.
``(D) Use of unlisted types in calculation of
percentage.--In determining under subparagraph (A)
whether a bid submitted by an entity under such
subparagraph covers 50 percent (or such higher
percentage as the Secretary may specify) of all types
of diabetic testing strip products, the Secretary may
not attribute a percentage to types of diabetic testing
strips that the Secretary does not provide the entity
with the option to identify by type and market share
volume.
``(E) Contract requirement.--Any contract entered
into with an entity for diabetic testing strips under
the competition conducted pursuant to paragraph (1)
shall include a requirement that the entity offers,
makes available to, and maintains in inventory of (or
otherwise has ready access to, such as through
purchasing contracts) each of the types of diabetic
testing strip products that is included in the bid
submitted by the entity. In the case that an entity
enters into such a contract with the Secretary and
fails to fulfill the requirement described in the
preceding sentence, the Secretary shall terminate such
contract.
``(F) Monitoring adherence to demonstration.--The
Secretary shall establish a process to monitor, on an
ongoing basis, the extent to which an entity that
enters into a contract with the Secretary for diabetic
testing strips under the competition conducted pursuant
to paragraph (1) adheres to the demonstration that the
entity provided to the Secretary under subparagraph
(A).''.
(2) Conforming amendment.--Section 1847(b)(3)(A) of the
Social Security Act (42 U.S.C. 1395w-3(b)(3)(A)) is amended by
adding at the end the following new sentence: ``In the case
that such a contract is for diabetic testing strips, such
contract shall include the information required under paragraph
(10)(E).''
(b) Codifying and Expanding Anti-Switching Rule.--Section 1847(b)
of the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by
subsection (a)(1), is further amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Additional special rule in case of competition for
diabetic testing strips.--
``(A) In general.--With respect to diabetic testing
strips furnished by an entity to an individual under
the competitive acquisition program established under
this section, the entity shall furnish to the
individual the brand of such strips that is compatible
with the home blood glucose monitor selected by the
individual.
``(B) Prohibition on influencing and
incentivizing.--An entity described in subparagraph (A)
may not attempt to influence or incentivize the
individual described in such subparagraph to switch the
brand of glucose monitor or testing strips selected by
the individual, including by--
``(i) persuading, pressuring, or advising
the individual to switch such brand; or
``(ii) furnishing information about
alternative brands to the individual in the
case that the individual has not requested such
information.
``(C) Provision of information.--An entity
described in subparagraph (A) may not communicate
directly to an individual described in such
subparagraph until the entity has verbally provided the
individual with standardized information, to be
supplied to the entity by the Secretary, that describes
the rights of the individual with respect to the
entity. The information described in the preceding
sentence shall include information regarding--
``(i) the requirements established in
subparagraphs (A) and (B);
``(ii) the right of the individual to
contact other mail order suppliers of diabetic
testing strips or to purchase such strips at a
retail pharmacy in the case that the entity is
not able to furnish the brand of such strips
that is compatible with the home blood glucose
monitor selected by the individual; and
``(iii) the right of the individual
described in subparagraph (D) to reject
diabetic testing strips furnished to the
individual by the entity.
``(D) Individuals allowed to switch from unwanted
products.--
``(i) In general.--The Secretary shall
establish a process under which an individual
furnished with diabetic testing strips under
the competitive acquisition program established
under this section may reject the strips by
notification, including notification by
telephone or electronic mail, to the supplier
and to the Secretary.
``(ii) Consequences of rejection.--In the
case that an individual rejects diabetic
testing strips under clause (i)--
``(I) any payment made to the
supplier under this title for a portion
of such strips furnished for use during
the period beginning with the date on
which the individual rejects the strips
shall be recovered by the Secretary;
and
``(II) the individual may obtain
different diabetic testing strips from
a supplier, and the Secretary shall
process a claim for such different
diabetic testing strips without regard
to any benefit or coverage limitations
arising from the fact that a claim has
already been submitted and payment made
for the rejected diabetic testing
strips.
``(iii) Prohibition on future claims.--In
the case that an individual rejects diabetic
testing strips under clause (i), the supplier
who supplied the rejected diabetic testing
strips to the individual may not submit
additional claims for payment on behalf of the
individual for the type or brand of diabetic
testing strips so rejected by the individual,
unless the individual makes a separate
expression of consent to the supplier to be
furnished with such type or brand of diabetic
testing strips by the supplier.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to diabetic testing strips furnished on or after
July 1, 2016. | Protecting Access to Diabetes Supplies Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to revise the special competitive acquisition program rule applied to diabetic testing strips to require the volume for such types of products to be determined through the use of multiple sources of data that measure consumption and utilization of such strips among individuals in the United States. Directs the Secretary of Health and Human Services to reject any bid submitted by an entity under the competitive acquisition program that does not demonstrate that it can furnish the types of strips included in its bid. Requires an entity to furnish to an individual the brand of strips compatible with the individual's home blood glucose monitor. Prohibits an entity from attempting to influence or incentivize an individual to switch the brand of glucose monitor or testing strips selected. Prohibits an entity from communicating directly to such an individual until it has given the individual verbally standardized information about the individual's rights with respect to the entity. Directs the Secretary to establish a process under which an individual furnished with diabetic testing strips under a competitive acquisition program may reject them by notifying the supplier and the Secretary. Permits the individual to obtain different strips from another supplier and have a new claim processed. | {"src": "billsum_train", "title": "Protecting Access to Diabetes Supplies Act of 2015"} | 1,576 | 266 | 0.675159 | 2.168041 | 0.812528 | 3.168831 | 6.298701 | 0.874459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Truck Highway Safety
Demonstration Program Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Public safety on the highways of the United States is a
paramount concern of all who use the highways and all who
prescribe public policy for the use of those highways,
including public policy on the operation of heavy commercial
trucks on highways.
(2) Federal highway funding law effectively imposes a limit
of 80,000 pounds on the weight of vehicles permitted to use
Interstate System highways.
(3) The administration of this law in Maine has forced
heavy tractor-trailer and tractor-semitrailer combination
vehicles traveling into Maine from neighboring States and
Canada to divert onto small State and local roads where higher
vehicle weight limits apply under Maine law.
(4) The diversion of those vehicles onto such roads causes
significant economic hardships and safety challenges for small
communities located along those roads.
(5) Permitting heavy commercial vehicles, including tanker
trucks carrying hazardous material and fuel oil, to travel on
Interstate System highways in Maine--
(A) would enhance public safety by reducing--
(i) the number of heavy vehicles that use
town and city streets in Maine; and
(ii) as a result, the number of dangerous
interactions between those heavy vehicles and
such other vehicles as school buses and private
vehicles; and
(B) would reduce the net highway maintenance costs
in Maine because the Interstate System highways, unlike
the secondary roads of Maine, are built to accommodate
heavy vehicles and are, therefore, more durable.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered interstate system highway.--
(A) In general.--The term ``covered Interstate
System highway'' means a highway within the State of
Maine that is designated as a route on the Interstate
System, except as provided in subparagraph (B).
(B) Exception.--The term does not include any
portion of highway that, as of the date of the
enactment of this Act, is exempted from the
requirements of subsection (a) of section 127 of title
23, United States Code, by the last sentence of such
subsection.
(2) Interstate system.--The term ``Interstate System'' has
the meaning given that term in section 101(a) of title 23,
United States Code.
SEC. 4. MAINE TRUCK SAFETY DEMONSTRATION PROGRAM.
The Secretary of Transportation shall carry out a program, in the
administration of this Act, to demonstrate the effects on the safety of
the overall highway network in the State of Maine that would result
from permitting vehicles described in section 5(b) to be operated on
the Interstate System highways within the State.
SEC. 5. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF
VEHICLES USING INTERSTATE SYSTEM HIGHWAYS.
(a) Prohibition Relating to Certain Vehicles.--Notwithstanding
section 127(a) of title 23, United States Code, the total amount of
funds apportioned to the State of Maine under section 104(b)(1) of such
title for any period may not be reduced under such section 127(a) on
the basis that the State of Maine permits a vehicle described in
subsection (b) to use a covered Interstate System highway.
(b) Combination Vehicles in Excess of 80,000 Pounds.--A vehicle
referred to in subsection (a) is a vehicle having a weight in excess of
80,000 pounds that--
(1) consists of a 3-axle tractor unit hauling a single
trailer or semitrailer; and
(2) does not exceed any vehicle weight limitation that is
applicable under the laws of the State of Maine to the
operation of such vehicle on highways in Maine not in the
Interstate System, as such laws are in effect on the date of the
enactment of this Act.
(c) Effective Date and Termination.--
(1) Effective date.--
(A) Date of satisfaction of administrative
conditions by maine.--The prohibition in subsection (a)
shall take effect on the date on which the Secretary of
Transportation notifies the Commissioner of
Transportation of the State of Maine in writing that--
(i) the Secretary has received the plan
described in paragraph (1) of section 6; and
(ii) the Commissioner has established a
highway safety committee as described in
paragraph (2) of such section and has
promulgated rules and procedures for the
collection of highway safety data as described
in paragraph (3) of such section.
(B) Permanent effect.--After taking effect, the
prohibition in subsection (a) shall remain in effect
unless terminated under paragraph (2).
(2) Contingent termination.--The prohibition in subsection
(a) shall terminate three years after the effective date
applicable under paragraph (1) if, before the end of such 3-
year period, the Secretary of Transportation--
(A) determines that--
(i) operation of vehicles described in
subsection (b) on covered Interstate System
highways in Maine has adversely affected safety
on the overall highway network in Maine; or
(ii) the Commissioner of Transportation of
the State of Maine has failed faithfully to use
the highway safety committee as described in
paragraph (2)(A) of section 6 or to collect
data as described in paragraph (3) of such
section; and
(B) publishes the determination, together with the
date of the termination of the prohibition, in the
Federal Register.
(d) Consultation Regarding Termination for Safety.--In making a
determination under subsection (c)(2)(A)(i), the Secretary of
Transportation shall consult with the highway safety committee
established by the Commissioner in accordance with section 6.
SEC. 6. RESPONSIBILITIES OF THE STATE OF MAINE.
For the purposes of section 5, the State of Maine satisfies the
conditions of this section if the Commissioner of Transportation of the
State of Maine--
(1) submits to the Secretary of Transportation a plan for
satisfying the conditions set forth in paragraphs (2) and (3);
(2) establishes and chairs a highway safety committee
that--
(A) the Commissioner uses to review the data
collected pursuant to paragraph (3); and
(B) consists of representatives of--
(i) agencies of the State of Maine that
have responsibilities related to highway
safety;
(ii) municipalities of the State of Maine;
(iii) organizations that have evaluation or
promotion of highway safety among their
principal purposes; and
(iv) the commercial trucking industry; and
(3) collects data on the net effects that the operation of
vehicles described in section 5(b) on covered Interstate System
highways have on the safety of the overall highway network in
Maine, including the net effects on single-vehicle and
multiple-vehicle collision rates for such vehicles. | Commercial Truck Highway Safety Demonstration Program Act of 2003 - Directs the Secretary of Transportation to carry out a program to demonstrate the effects on the safety of the highway network in Maine of permitting operation on the Interstate System highways within the State of a vehicle that weighs over 80,000 pounds, that consists of a three-axle tractor unit hauling a single trailer or semitrailer, and that does not exceed any vehicle weight limitation applicable under Maine law. Waives highway funding reduction relating to weight of vehicles using Interstate System highways with respect to vehicles allowed pursuant to this program. Provides for program termination and for the responsibilities of the State of Maine, including: (1) submitting a plan to the Secretary of Transportation; (2) establishing a highway safety committee; and (3) collecting data on the net effects of the operation of such vehicles on safety. | {"src": "billsum_train", "title": "A bill to establish a commercial truck highway safety demonstration program in the State of Maine, and for other purposes."} | 1,484 | 187 | 0.627867 | 1.678484 | 0.687792 | 3.62963 | 8.567901 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Crime Act of 1994''.
TITLE I--VICTIMS' RIGHTS
SEC. 101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure is amended by--
(1) striking ``and'' following the semicolon in subdivision
(a)(1)(B);
(2) striking the period at the end of subdivision (a)(1)(C)
and inserting in lieu thereof ``; and'';
(3) inserting after subdivision (a)(1)(C) the following:
``(D) if sentence is to be imposed for a crime of
violence or sexual abuse, address the victim personally
if the victim is present at the sentencing hearing and
determine if the victim wishes to make a statement and
to present any information in relation to the
sentence.'';
(4) in the second to last sentence of subdivision (a)(1),
striking ``equivalent opportunity'' and inserting in lieu
thereof ``opportunity equivalent to that of the defendant's
counsel'';
(5) in the last sentence of subdivision (a)(1) inserting
``the victim,'' before ``or the attorney for the Government.'';
and
(6) adding at the end the following:
``(f) Definitions.--For purposes of this rule--
``(1) `victim' means any individual against whom an offense
for which a sentence is to be imposed has been committed, but
the right of allocution under subdivision (a)(1)(D) may be
exercised instead by--
``(A) a parent or legal guardian in case the victim
is below the age of eighteen years or incompetent; or
``(B) one or more family members or relatives
designated by the court in case the victim is deceased
or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present; and
``(2) `crime of violence or sexual abuse' means a crime
that involved the use or attempted or threatened use of
physical force against the person or property of another, or a
crime under chapter 109A of title 18, United States Code.''.
TITLE II--CRIME VICTIMS' FUND
SEC. 201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) Generally.--Section 1402(d) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)) is amended by--
(1) striking paragraph (2) and inserting the following:
``(2) the next $10,000,000 deposited in the Fund shall be
available for grants under section 1404A.'';
(2) striking paragraph (3) and inserting the following:
``(3) Of the remaining amount deposited in the Fund in a
particular fiscal year--
``(A) 48 percent shall be available for grants
under section 1403;
``(B) 48 percent shall be available for grants
under section 1404(a); and
``(C) 4 percent shall be available for grants under
section 1404(c).'';
(3) strike paragraph (4) and inserting the following:
``(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110
percent of the total amount deposited in the Fund during the
preceding fiscal year as a reserve for use in a year in which
the Fund falls below the amount available in the previous year.
Such reserve may not exceed $20,000,000.''; and
(4) striking paragraph (5).
(b) Conforming Cross Reference.--Section 1402(g)(1) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(g)(1) is amended by striking
reference to ``(d)(2)(A)(iv)'' and inserting ``(d)(2)''.
(c) Amounts Awarded and Unspent.--Section 1402(e) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(e)) is amended to read as follows:
``(e) Amounts Awarded and Unspent.--Any sums awarded as part of a
grant under this chapter that remain unspent at the end of a fiscal
year in which such grant is made may be expended for the purposes for
which such grant is made at any time during the next succeeding 2
fiscal years, at the end of which year any remaining unobligated funds
shall be returned to the Fund.''.
SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL
PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
is amended by adding at the end the following:
``(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensation program
would cover costs that a Federal program, or a federally financed State
or local program, would otherwise pay, then--
``(1) such crime victim compensation program shall not pay
that compensation; and
``(2) the other program shall make its payments without
regard to the existence of the crime victim compensation
program.''.
SEC. 203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
(a) Creation of Exception.--The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1))
is amended by striking ``A grant'' and inserting ``Except as provided
in paragraph (3), a grant''.
(b) Requirements of Exception.--Section 1403(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end
the following new paragraph:
``(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime
victim compensation program receiving the grant.''.
SEC. 204. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects
and'' before ``training''.
SEC. 205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) Creation of Exception.--Section 1404(b)(2) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An
eligible'' and inserting ``Except as provided in paragraph (3), an
eligible''.
(b) Requirements of Exception.--Section 1404(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end
the following new subsection:
``(3) Not more than 5 percent of sums received under
subsection (a) may be used for the administration of the State
crime victim assistance program receiving such sums.''.
SEC. 206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604)
is amended by adding at the end the following new subsection:
``(h) Each entity receiving sums made available under this Act for
administrative purposes shall certify that such sums will not be used
to supplant State or local funds, but will be used to increase the
amount of such funds that would, in the absence of Federal funds, be
made available for these purposes.''.
SEC. 207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.
10604(g)) is amended by striking ``and on December 31 every two years
thereafter'', and inserting ``and on June 30 every two years
thereafter.''.
TITLE III--REPORT ON BATTERED WOMEN'S SYNDROME
SEC. 301. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of enactment of
this Act, the Attorney General and the Secretary of Health and Human
Services shall transmit to the House Committee on Energy and Commerce,
the Senate Committee on Labor and Human Resources, and the Committees
on the Judiciary of the Senate and the House of Representatives a
report on the medical and psychological basis of ``battered women's
syndrome'' and on the extent to which evidence of the syndrome has been
considered in a criminal trial.
(b) Components of the Report.--The report described in subsection
(a) shall include--
(1) medical and psychological testimony on the validity of
battered women's syndrome as a psychological condition;
(2) a compilation of State and Federal court cases in which
evidence of battered women's syndrome was offered in criminal
trials; and
(3) an assessment by State and Federal judges, prosecutors,
and defense attorneys of the effects that evidence of battered
women's syndrome may have in criminal trials. | TABLE OF CONTENTS:
Title I: Victims' Rights
Title II: Crime Victims' Fund
Title III: Report on Battered Women's Syndrome
Victims of Crime Act of 1994 -
Title I: Victims' Rights
- Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence.
Title II: Crime Victims' Fund
- Amends the Victims of Crime Act of 1984 to revise the formula for allocating funds for costs and grants. Authorizes the retention of any portion of the Crime Victim Funds that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Limits such reserve to $20 million. Allows any sums awarded as part of a grant that remain unspent at the end of a fiscal year in which the grant is made, to be expended for grant purposes at any time during the succeeding two fiscal years, after which any remaining unobligated funds shall be returned to the Fund.
Directs that, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program or a federally financed State or local program would otherwise pay: (1) such crime victim compensation program shall not pay that compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.
Limits to five percent of: (1) a grant the amount that may be used for the administration of the State crime victim compensation program receiving the grant; and (2) sums received for the State crime victim assistance program the amount that may be used for the administration of such program.
Authorizes grants for demonstration projects.
Requires each entity receiving sums made available under the Act for administrative purposes to certify that such sums will be used not to supplant State or local funds, but to increase the amount of such funds that would, in the absence of Federal funds, be made available for such purposes.
Title III: Report on Battered Women's Syndrome
- Directs the Attorney General and the Secretary of Health and Human Services to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been considered in a criminal trial. | {"src": "billsum_train", "title": "Victims of Crime Act of 1994"} | 2,162 | 571 | 0.549222 | 1.784447 | 0.68103 | 5.853846 | 3.407692 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Utah Valley Electric
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the South Utah
Valley Electric Service District, organized under the laws of
the State of Utah.
(2) Electric distribution system.--The term ``Electric
Distribution System'' means fixtures, irrigation, or power
facilities lands, distribution fixture lands, and shared power
poles.
(3) Fixtures.--The term ``fixtures'' means all power poles,
cross-members, wires, insulators and associated fixtures,
including substations, that--
(A) comprise those portions of the Strawberry
Valley Project power distribution system that are rated
at a voltage of 12.5 kilovolts and were constructed
with Strawberry Valley Project revenues; and
(B) any such fixtures that are located on Federal
lands and interests in lands.
(4) Irrigation or power facilities lands.--The term
``irrigation or power facilities lands'' means all Federal
lands and interests in lands where the fixtures are located on
the date of the enactment of this Act and which are encumbered
by other Strawberry Valley Project irrigation or power
features, including lands underlying the Strawberry Substation.
(5) Distribution fixture lands.--The term ``distribution
fixture lands'' means all Federal lands and interests in lands
where the fixtures are located on the date of the enactment of
this Act and which are unencumbered by other Strawberry Valley
Project features, to a maximum corridor width of 30 feet on
each side of the centerline of the fixtures' power lines as
those lines exist on the date of the enactment of this Act.
(6) Shared power poles.--The term ``shared power poles''
means poles that comprise those portions of the Strawberry
Valley Project Power Transmission System, that are rated at a
voltage of 46.0 kilovolts, are owned by the United States, and
support fixtures of the Electric Distribution System.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.
(a) In General.--Inasmuch as the Strawberry Water Users Association
conveyed its interest, if any, in the Electric Distribution System to
the District by a contract dated April 7, 1986, and in consideration of
the District assuming from the United States all liability for
administration, operation, maintenance, and replacement of the Electric
Distribution System, the Secretary shall, as soon as practicable after
the date of the enactment of this Act and in accordance with all
applicable law convey and assign to the District without charge or
further consideration--
(1) all of the United States right, title, and interest in
and to--
(A) all fixtures owned by the United States as part
of the Electric Distribution System; and
(B) the distribution fixture land;
(2) license for use in perpetuity of the shared power poles
to continue to own, operate, maintain, and replace Electric
Distribution Fixtures attached to the shared power poles; and
(3) licenses for use and for access in perpetuity for
purposes of operation, maintenance, and replacement across,
over, and along--
(A) all project lands and interests in irrigation
and power facilities lands where the Electric
Distribution System is located on the date of the
enactment of this Act that are necessary for other
Strawberry Valley Project facilities (the ownership of
such underlying lands or interests in lands shall
remain with the United States), including lands
underlying the Strawberry Substation; and
(B) such corridors where Federal lands and
interests in lands--
(i) are abutting public streets and roads;
and
(ii) can provide access that will
facilitate operation, maintenance, and
replacement of facilities.
(b) Compliance With Environmental Laws.--
(1) In general.--Before conveying lands, interest in lands,
and fixtures under subsection (a), the Secretary shall comply
with all applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the land and
facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(c) Power Generation and 46kV Transmission Facilities Excluded.--
Except for the uses as granted by license in Shared Power Poles under
section 3(a)(2), nothing in this Act shall be construed to grant or
convey to the District or any other party, any interest in any
facilities shared or otherwise that comprise a portion of the
Strawberry Valley Project power generation system or the federally
owned portions of the 46 kilovolt transmission system which ownership
shall remain in the United States.
SEC. 4. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under section 3(a)(1)--
(1) the conveyed and assigned land and facilities shall no
longer be part of a Federal reclamation project;
(2) the District shall not be entitled to receive any
future Bureau or Reclamation benefits with respect to the
conveyed and assigned land and facilities, except for benefits
that would be available to other non-Bureau of Reclamation
facilities; and
(3) the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to the
land and facilities, including the transaction of April 7,
1986, between the Strawberry Water Users Association and
Strawberry Electric Service District.
SEC. 5. REPORT.
If a conveyance required under section 3 is not completed by the
date that is 1 year after the date of the enactment of this Act, not
later than 30 days after that date, the Secretary shall submit to
Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance. | (This measure has not been amended since it was reported to the House on September 23, 2011. The summary of that version is repeated here.)
South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located, (2) license for use in perpetuity of the shared power poles, and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities.
Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system.
Requires the Secretary, before conveying such lands, interests, and fixtures, to be in compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to such land and facilities.
Prohibits anything, except for the uses as granted by license in the shared power poles, from being construed as granting or conveying to the District or any other party, any interest in any facilities comprising a part of the Strawberry Valley Project power generation system or the federally owned parts of the 46 kilovolt transmission system, the ownership of which shall remain in the United States.
Prohibits, upon conveyance of any land or facility under this Act: (1) the conveyed and assigned land and facilities from any longer being considered as part of a federal reclamation project; (2) the District from being entitled to receive any future Bureau of Reclamation benefits respecting such land and facilities, except for those that would be available to other non-Bureau facilities; and (3) the United States from being liable for damages arising out of any act, omission, or occurrence related to the land and facilities, including the transaction specified above between the Association and the District.
Requires the Secretary to report to Congress on the status of such conveyance, any obstacles to completing it, and the anticipated date for its completion, if the conveyance is not completed within one year of enactment of this Act. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes."} | 1,430 | 532 | 0.683512 | 2.381558 | 0.714083 | 4.362288 | 2.690678 | 0.908898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Use Disorder Treatment
Expansion and Modernization Act''.
SEC. 2. FINDING.
The Congress finds that opioid use disorder has become a public
health epidemic that must be addressed by increasing awareness and
access to all treatment options for opioid use disorder, overdose
reversal, and relapse prevention.
SEC. 3. OPIOID USE DISORDER TREATMENT MODERNIZATION.
(a) In General.--Section 303(g)(2) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)) is amended--
(1) in subparagraph (B), by striking clauses (i), (ii), and
(iii) and inserting the following:
``(i) The practitioner is a qualifying practitioner (as
defined in subparagraph (G)).
``(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the
practitioner has the capacity to provide directly, by referral,
or in such other manner as determined by the Secretary--
``(I) all schedule III, IV, and V drugs, as well as
unscheduled medications approved by the Food and Drug
Administration, for the treatment of opioid use
disorder, including such drugs and medications for
maintenance, detoxification, overdose reversal, and
relapse prevention, as available; and
``(II) appropriate counseling and other appropriate
ancillary services.
``(iii)(I) The total number of such patients of the
practitioner at any one time will not exceed the applicable
number. Except as provided in subclause (II), the applicable
number is 30.
``(II) The applicable number is 100 if, not sooner than 1
year after the date on which the practitioner submitted the
initial notification, the practitioner submits a second
notification to the Secretary of the need and intent of the
practitioner to treat up to 100 patients.
``(III) The Secretary may by regulation change such total
number.
``(IV) The Secretary may exclude from the applicable number
patients to whom such drugs or combinations of drugs are
directly administered by the qualifying practitioner in the
office setting.
``(iv) If the Secretary by regulation increases the total
number of patients which a qualifying practitioner is permitted
to treat pursuant to clause (iii)(II), the Secretary shall
require such a practitioner to obtain a written agreement from
each patient, including the patient's signature, that the
patient--
``(I) will receive an initial assessment and
treatment plan and periodic assessments and treatment
plans thereafter;
``(II) will be subject to medication adherence and
substance use monitoring;
``(III) understands available treatment options,
including all drugs approved by the Food and Drug
Administration for the treatment of opioid use
disorder, including their potential risks and benefits;
and
``(IV) understands that receiving regular
counseling services is critical to recovery.
``(v) The practitioner will comply with the reporting
requirements of subparagraph (D)(i)(IV).'';
(2) in subparagraph (D)--
(A) in clause (i), by adding at the end the
following:
``(IV) The practitioner reports to the Secretary, at such
times and in such manner as specified by the Secretary, such
information and assurances as the Secretary determines
necessary to assess whether the practitioner continues to meet
the requirements for a waiver under this paragraph.'';
(B) in clause (ii), by striking ``Upon receiving a
notification under subparagraph (B)'' and inserting
``Upon receiving a determination from the Secretary
under clause (iii) finding that a practitioner meets
all requirements for a waiver under subparagraph (B)'';
and
(C) in clause (iii)--
(i) by inserting ``and shall forward such
determination to the Attorney General'' before
the period at the end of the first sentence;
and
(ii) by striking ``physician'' and
inserting ``practitioner'';
(3) in subparagraph (G)--
(A) by amending clause (ii)(IV) to read as follows:
``(IV) The physician has, with respect to the
treatment and management of opiate-dependent patients,
completed not less than 8 hours of training (through
classroom situations, seminars at professional society
meetings, electronic communications, or otherwise) that
is provided by the American Society of Addiction
Medicine, the American Academy of Addiction Psychiatry,
the American Medical Association, the American
Osteopathic Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for purposes of
this subclause. Such training shall address--
``(aa) opioid maintenance and
detoxification;
``(bb) appropriate clinical use of all
drugs approved by the Food and Drug
Administration for the treatment of opioid use
disorder;
``(cc) initial and periodic patient
assessments (including substance use
monitoring);
``(dd) individualized treatment planning;
overdose reversal; relapse prevention;
``(ee) counseling and recovery support
services;
``(ff) staffing roles and considerations;
``(gg) diversion control; and
``(hh) other best practices, as identified
by the Secretary.''; and
(B) by adding at the end the following:
``(iii) The term `qualifying practitioner' means--
``(I) a qualifying physician, as defined in clause
(ii); or
``(II) during the period beginning on the date of
the enactment of the Opioid Use Disorder Treatment
Expansion and Modernization Act and ending on the date
that is 3 years after such date of enactment, a
qualifying other practitioner, as defined in clause
(iv).
``(iv) The term `qualifying other practitioner' means a
nurse practitioner or physician assistant who satisfies each of
the following:
``(I) The nurse practitioner or physician assistant
is licensed under State law to prescribe schedule III,
IV, or V medications for the treatment of pain.
``(II) The nurse practitioner or physician
assistant satisfies one or more of the following:
``(aa) Has completed not fewer than 24
hours of initial training addressing each of
the topics listed in clause (ii)(IV) (through
classroom situations, seminars at professional
society meetings, electronic communications, or
otherwise) provided by the American Society of
Addiction Medicine, the American Academy of
Addiction Psychiatry, the American Medical
Association, the American Osteopathic
Association, the American Nurses Credentialing
Center, the American Psychiatric Association,
the American Association of Nurse
Practitioners, the American Academy of
Physician Assistants, or any other organization
that the Secretary determines is appropriate
for purposes of this subclause.
``(bb) Has such other training or
experience as the Secretary determines will
demonstrate the ability of the nurse
practitioner or physician assistant to treat
and manage opiate-dependent patients.
``(III) The nurse practitioner or physician
assistant is supervised by or works in collaboration
with a qualifying physician, if the nurse practitioner
or physician assistant is required by State law to
prescribe medications for the treatment of opioid use
disorder in collaboration with or under the supervision
of a physician.
The Secretary may review and update the requirements for being
a qualifying other practitioner under this clause.''; and
(4) in subparagraph (H)--
(A) in clause (i), by inserting after subclause
(II) the following:
``(III) Such other elements of the requirements under this
paragraph as the Secretary determines necessary for purposes of
implementing such requirements.''; and
(B) by amending clause (ii) to read as follows:
``(ii) Not later than 1 year after the date of enactment of the
Opioid Use Disorder Treatment Expansion and Modernization Act, the
Secretary shall update the treatment improvement protocol containing
best practice guidelines for the treatment of opioid-dependent patients
in office-based settings. The Secretary shall update such protocol in
consultation with experts in opioid use disorder research and
treatment.''.
(b) Recommendation of Revocation or Suspension of Registration in
Case of Substantial Noncompliance.--The Secretary of Health and Human
Services may recommend to the Attorney General that the registration of
a practitioner be revoked or suspended if the Secretary determines,
according to such criteria as the Secretary establishes by regulation,
that a practitioner who is registered under section 303(g)(2) of the
Controlled Substances Act (21 U.S.C. 823(g)(2)) is not in substantial
compliance with the requirements of such section, as amended by this
Act.
(c) Opioid Defined.--Section 102(18) of the Controlled Substances
Act (21 U.S.C. 802(18)) is amended by inserting ``or `opioid''' after
``The term `opiate'''.
(d) Reports to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and not less than over every 5 years
thereafter, the Secretary of Health and Human Services, in
consultation with the Drug Enforcement Administration and
experts in opioid use disorder research and treatment, shall--
(A) perform a thorough review of the provision of
opioid use disorder treatment services in the United
States, including services provided in opioid treatment
programs and other specialty and nonspecialty settings;
and
(B) submit a report to the Congress on the findings
and conclusions of such review.
(2) Contents.--Each report under paragraph (1) shall
include an assessment of--
(A) compliance with the requirements of section
303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)), as amended by this Act;
(B) the measures taken by the Secretary of Health
and Human Services to ensure such compliance;
(C) whether there is further need to increase or
decrease the number of patients a waivered practitioner
is permitted to treat, as provided for by the amendment
made by subsection (a)(1);
(D) the extent to which, and proportions with
which, the full range of Food and Drug Administration-
approved treatments for opioid use disorder are used in
routine health care settings and specialty substance
use disorder treatment settings;
(E) access to, and use of, counseling and recovery
support services, including the percentage of patients
receiving such services;
(F) changes in State or local policies and
legislation relating to opioid use disorder treatment;
(G) the use of prescription drug monitoring
programs by practitioners who are permitted to dispense
narcotic drugs to individuals pursuant to a waiver
under section 303(g)(2) of the Controlled Substances
Act (21 U.S.C. 823(g)(2));
(H) the findings resulting from inspections by the
Drug Enforcement Administration of practitioners
described in subparagraph (G); and
(I) the effectiveness of cross-agency collaboration
between Department of Health and Human Services and the
Drug Enforcement Administration for expanding effective
opioid use disorder treatment.
SEC. 4. SENSE OF CONGRESS.
It is the Sense of Congress that, with respect to the total number
of patients that a qualifying physician (as defined in subparagraph
(G)(iii) of section 303(g)(2) of the Controlled Substances Act (21
U.S.C. 823(g)(2)) can treat at any one time pursuant to such section,
the Secretary of Health and Human Services should consider raising such
total number to 250 patients following a third notification to the
Secretary of the need and intent of the physician to treat up to 250
patients that is submitted to the Secretary not sooner than 1 year
after the date on which the physician submitted to the Secretary a
second notification to treat up to 100 patients.
SEC. 5. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.
(a) In General.--Section 309 of the Controlled Substances Act (21
U.S.C. 829) is amended by adding at the end the following:
``(f) Partial Fills of Schedule II Controlled Substances.--
``(1) Partial fills.--
``(A) In general.--A prescription for a controlled
substance in schedule II may be partially filled if--
``(i) it is not prohibited by State law;
``(ii) the prescription is written and
filled in accordance with the Controlled
Substances Act (21 U.S.C. 801 et seq.),
regulations prescribed by the Attorney General,
and State law;
``(iii) the partial fill is requested by
the patient or the practitioner that wrote the
prescription; and
``(iv) the total quantity dispensed in all
partial fillings does not exceed the total
quantity prescribed.
``(B) Other circumstances.--A prescription for a
controlled substance in schedule II may be partially
filled in accordance with section 1306.13 of title 21,
Code of Federal Regulations (as in effect on the date
of enactment of the Reducing Unused Medications Act of
2016).
``(2) Remaining portions.--
``(A) In general.--Except as provided in
subparagraph (B), remaining portions of a partially
filled prescription for a controlled substance in
schedule II--
``(i) may be filled; and
``(ii) shall be filled not later than 30
days after the date on which the prescription
is written.
``(B) Emergency situations.--In emergency
situations, as described in subsection (a), the
remaining portions of a partially filled prescription
for a controlled substance in schedule II--
``(i) may be filled; and
``(ii) shall be filled not later than 72
hours after the prescription is issued.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Attorney General to allow a
prescription for a controlled substance in schedule III, IV, or V of
section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to
be partially filled.
Passed the House of Representatives May 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Opioid Use Disorder Treatment Expansion and Modernization Act (Sec. 3) This bill amends the Controlled Substances Act to revise the requirements for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, a practitioner must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician (i.e., a state-licensed physician with certain expertise), has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. The patient limit is how many patients the practitioner can treat under the office-based treatment program at one time. This legislation expands qualifying practitioners to include nurse practitioners and physician assistants who are licensed in a state, have expertise (such as relevant training or expertise), and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Additionally, it requires a qualifying practitioner to also certify that he or she will comply with reporting requirements and has the capacity to provide directly or by referral, or in another manner prescribed by HHS, all drugs approved by the Food and Drug Administration to treat opioid use disorder. HHS may issue regulations to change the maximum patient limit for a qualifying practitioner. If HHS increases the limit, then a qualifying practitioner must additionally certify that he or she will obtain written consent from each patient regarding available treatment options. HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. HHS may recommend revoking or suspending the registration of a practitioner who fails to comply with the requirements of this Act. (Sec. 4) The bill expresses the sense of Congress that HHS should consider raising from 100 to 250 the maximum patient limit for a qualifying physician. (Sec. 5) It amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as a prescription opioid painkiller) if: (1) it is not prohibited by state law, (2) it is prescribed in accordance with existing laws and regulations, (3) it is requested by the patient or prescribing practitioner, and (4) the total quantity dispensed in partial fillings does not exceed the total quantity prescribed. Additionally, a pharmacist may partially fill a prescription for a schedule II controlled substance in other circumstances in accordance with existing Drug Enforcement Administration (DEA) regulations. (Current DEA regulations permit partial fills when a pharmacist cannot supply a full quantity, a patient resides in a long-term care facility, or a patient is terminally ill.) The remaining of a partially filled prescription may be filled within 30 days or, in the case of an emergency situation, within 72 hours. | {"src": "billsum_train", "title": "Opioid Use Disorder Treatment Expansion and Modernization Act"} | 3,226 | 646 | 0.647536 | 2.049376 | 0.67028 | 2.461818 | 5.281818 | 0.847273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cities Program Authorization
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than two-thirds of all petroleum used in the
United States for transportation is imported petroleum.
(2) In 1993, to make the United States economically secure,
to lessen petroleum dependence, and to reduce tailpipe and
greenhouse gas emissions, the Department of Energy established
the Clean Cities program.
(3) The program, a partnership between public and private
entities, is now the Department of Energy's flagship
transportation deployment and petroleum fuel reduction program.
(4) The program is based on the concept that Federal
support can empower local citizens and organizations to become
the leaders of a national movement for change.
(5) The program established a national network of nearly 90
coalitions comprised of local partnerships located in
communities representing three-quarters of the population of
the United States, with nearly 5,700 stakeholders from local
businesses, State and local governments, the transportation
industry, community organizations, and alternative fuel
providers.
(6) In the past 10 years, the program has provided
$43,000,000 in competitive grant funds, which were leveraged
into $214,000,000 in matching funds from other organizations,
and the coalitions stretched these dollars even further by
obtaining an additional $845,000,000 in funding since 1993.
(7) Marking more than 15 years of progress, the Clean
Cities program coalitions have reduced petroleum use by more
than 2,000,000,000 gallons, placed 500,000 alternative fuel
vehicles on the road, established alternative fuel
infrastructure in thousands of strategic locations, and moved
alternative fuel and advanced technology vehicles into the
mainstream.
(8) The program is ideally positioned to lead the United
States toward a clean, secure, and environmentally friendly
transportation future.
SEC. 3. CLEAN CITIES PROGRAM.
(a) Authorization.--The Secretary of Energy shall carry out the
Clean Cities program to encourage and accelerate the use of non-
petroleum based fuels, alternative fuel vehicles, and other advanced
vehicle technologies and practices that achieve significant reduction
in the overall use of petroleum in the transportation sector. Such
program shall be a partnership between government and industry.
(b) Program Requirements.--The program under subsection (a) shall--
(1) promote the establishment of vehicle and infrastructure
projects that incorporate petroleum reduction technologies, and
include educational efforts to inform the public and government
officials on the benefits and advantages of using alternative
fuels and advanced technology vehicles technologies;
(2) provide training, technical assistance, and tools to
end-users that adopt petroleum reduction technologies;
(3) collaborate with and train fire officials, emergency
first responders, and safety code officials;
(4) undertake coordinating efforts between Federal, local,
and State agencies and the alternative fuel and advanced
technology vehicle industry;
(5) facilitate the development of necessary refueling and
service support infrastructure for petroleum reduction
technologies; and
(6) develop Internet-based tools and resources for the
education and training of consumers and Clean Cities program
stakeholders.
(c) Assistance Awards.--Under the program, the Secretary may
provide direct financial assistance grants to local and State
government agencies, nonprofit organizations, and alternative fuel and
advanced technology vehicle stakeholders who are working with Clean
Cities coalitions. These grants shall support the deployment and use of
alternative fuels and petroleum reduction technologies in on-road
vehicles.
(d) Coalition Formation.--In carrying out the Clean Cities program
the Secretary shall encourage and support the voluntary formation of
local Clean Cities' organizations around the country. These local
organizations shall be made up of State and local government officials
and also include vehicle owners and operators, fuel and service
providers, automobile dealers, community service organizations, and
other private and public stakeholders interested in pursuing aggressive
petroleum reduction goals in the transportation sector.
(e) Definitions.--In this Act:
(1) Alternative fuels.--The term ``alternative fuels'' has
the meaning given such term in section 301(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13211(2)).
(2) Alterative fueled vehicles.--The term ``alternative
fueled vehicles'' has the meaning given such term in section
301(3) of the Energy Policy Act of 1992 (42 U.S.C. 13211(3)).
(3) Program.--The term ``program'' means the Clean Cities
program.
(f) Authorization of Appropriations.--For the purpose of carrying
out this Act, there are authorized to be appropriated $125,000,000 for
the 5-fiscal-year period beginning in fiscal year 2010. | Clean Cities Program Authorization Act - Directs the Secretary of Energy (DOE) to carry out a Clean Cities program, as a partnership between government and industry, to encourage and accelerate the use of non-petroleum based fuels, alternative fuel vehicles, and other advanced vehicle technologies and practices that achieve significant reduction in the overall use of petroleum in the transportation sector.
Requires the program to: (1) promote the establishment of vehicle and infrastructure projects that incorporate petroleum reduction technologies, including educational efforts on the benefits and advantages of using alternative fuels and advanced technology vehicles; (2) provide training, technical assistance, and tools to end-users that adopt petroleum reduction technologies; (3) collaborate with and train fire officials, emergency first responders, and safety code officials; (4) undertake coordinating efforts between federal, local, and state agencies and the alternative fuel and advanced technology vehicle industry; (5) facilitate the development of necessary refueling and service support infrastructure for petroleum reduction technologies; and (6) develop Internet-based tools and resources for the education and training of consumers and program stakeholders.
Authorizes the Secretary to provide grants to local and state government agencies, nonprofit organizations, and alternative fuel and advanced technology vehicle stakeholders who are working with Clean Cities coalitions to support the deployment and use of alternative fuels and petroleum reduction technologies in on-road vehicles.
Directs the Secretary to encourage and support the voluntary formation of local Clean Cities organizations around the country. | {"src": "billsum_train", "title": "To direct the Secretary of Energy to carry out the Clean Cities program, and for other purposes."} | 960 | 299 | 0.683219 | 2.153042 | 1.084264 | 7.271127 | 3.309859 | 0.975352 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Assurance of Radiologic
Excellence Act of 2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the quality and value of
healthcare by increasing the safety and accuracy of medical imaging
examinations and radiation therapy treatments, thereby reducing
duplication of services and decreasing costs.
SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
Part F of title III of the Public Health Service Act (42 U.S.C. 262
et seq.) is amended by adding at the end the following:
``Subpart 4--Medical Imaging and Radiation Therapy
``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
``(a) Establishment of Standards.--
``(1) In general.--The Secretary, in consultation with
recognized experts in the technical provision of medical
imaging and radiation therapy services, shall establish
standards to ensure the safety and accuracy of medical imaging
studies and radiation therapy treatments. Such standards shall
pertain to the personnel who perform, plan, evaluate, or verify
patient dose for medical imaging studies and radiation therapy
procedures and not to the equipment used.
``(2) Experts.--The Secretary shall select expert advisers
under paragraph (1) to reflect a broad and balanced input from
all sectors of the health care community that are involved in
the provision of such services to avoid undue influence from
any single sector of practice on the content of such standards.
``(3) Limitation.--The Secretary shall not take any action
under this subsection that would require licensure by a State
of those who provide the technical services referred to in this
subsection.
``(b) Exemptions.--The standards established under subsection (a)
shall not apply to physicians (as defined in section 1861(r) of the
Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and
physician assistants (as defined in section 1861(aa)(5) of the Social
Security Act (42 U.S.C. 1395x(aa)(5))).
``(c) Requirements.--
``(1) In general.--Under the standards established under
subsection (a), the Secretary shall ensure that individuals,
prior to performing or planning medical imaging and radiation
therapy services, demonstrate compliance with the standards
established under subsection (a) through successful completion
of certification by a professional organization, licensure,
completion of an examination, pertinent coursework or degree
program, verified pertinent experience, or through other ways
determined appropriate by the Secretary, or through some
combination thereof.
``(2) Miscellaneous provisions.--The standards established
under subsection (a)--
``(A) may vary from discipline to discipline,
reflecting the unique and specialized nature of the
technical services provided, and shall represent expert
consensus as to what constitutes excellence in practice
and be appropriate to the particular scope of care
involved;
``(B) may vary in form for each of the covered
disciplines; and
``(C) may exempt individual providers from meeting
certain standards based on their scope of practice.
``(3) Recognition of individuals with extensive practical
experience.--For purposes of this section, the Secretary shall,
through regulation, provide a method for the recognition of
individuals whose training or experience are determined to be
equal to, or in excess of, those of a graduate of an accredited
educational program in that specialty, or of an individual who
is regularly eligible to take the licensure or certification
examination for that discipline.
``(d) Approved Bodies.--
``(1) In general.--Not later than the date described in
subsection (j)(2), the Secretary shall begin to certify
qualified entities as approved bodies with respect to the
accreditation of the various mechanisms by which an individual
can demonstrate compliance with the standards promulgated under
subsection (a), if such organizations or agencies meet the
standards established by the Secretary under paragraph (2) and
provide the assurances required under paragraph (3).
``(2) Standards.--The Secretary shall establish minimum
standards for the certification of approved bodies under
paragraph (1) (including standards for recordkeeping, the
approval of curricula and instructors, the charging of
reasonable fees for certification or for undertaking
examinations, and standards to minimize the possibility of
conflicts of interest), and other additional standards as the
Secretary may require.
``(3) Assurances.--To be certified as an approved body
under paragraph (1), an organization or agency shall provide
the Secretary satisfactory assurances that the body will--
``(A) be a nonprofit organization;
``(B) comply with the standards described in
paragraph (2);
``(C) notify the Secretary in a timely manner if
the body fails to comply with the standards described
in paragraph (2); and
``(D) provide such other information as the
Secretary may require.
``(4) Withdrawal of approval.--
``(A) In general.--The Secretary may withdraw the
certification of an approved body if the Secretary
determines the body does not meet the standards under
paragraph (2).
``(B) Effect of withdrawal.--The withdrawal of the
certification of an approved body under subparagraph
(A) shall have no effect on the certification status of
any individual or person that was certified by that
approved body prior to the date of such withdrawal.
``(e) Existing State Standards.--Standards established by a State
for the licensure or certification of personnel, accreditation of
educational programs, or administration of examinations shall be deemed
to be in compliance with the standards of this section unless the
Secretary determines that such State standards do not meet the minimum
standards prescribed by the Secretary or are inconsistent with the
purposes of this section. The Secretary shall establish a process by
which a State may respond to or appeal a determination made by the
Secretary under the preceding sentence.
``(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit a State or other approved body from requiring
compliance with a higher standard of education and training than that
specified by this section. Notwithstanding any other provision of this
section, individuals who provide medical imaging services relating to
mammograms shall continue to meet the standards applicable under the
Mammography Quality Standards Act of 1992.
``(g) Evaluation and Report.--The Secretary shall periodically
evaluate the performance of each approved body under subsection (d) at
an interval determined appropriate by the Secretary. The results of
such evaluations shall be included as part of the report submitted to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives in accordance with 354(e)(6)(B).
``(h) Delivery of and Payment for Services.--Not later than the
date described in subsection (j)(3), the Secretary shall promulgate
regulations to ensure that all programs under the authority of the
Secretary that involve the performance of or payment for medical
imaging or radiation therapy, are performed in accordance with the
standards established under this section.
``(i) Alternative Standards for Rural and Underserved Areas.--
``(1) In general.--The Secretary shall determine whether
the standards established under subsection (a) must be met in
their entirety for medical imaging or radiation therapy that is
performed in a geographic area that is determined by the
Medicare Geographic Classification Review Board to be a `rural
area' or that is designated as a health professional shortage
area. If the Secretary determines that alternative standards
for such rural areas or health professional shortage areas are
appropriate to assure access to quality medical imaging, the
Secretary is authorized to develop such alternative standards.
``(2) State discretion.--The chief executive officer of a
State may submit to the Secretary a statement declaring that an
alternative standard developed under paragraph (1) is
inappropriate for application to such State, and such
alternative standard shall not apply in such submitting State.
The chief executive officer of a State may rescind a statement
described in this paragraph following the provision of
appropriate notice to the Secretary.
``(j) Applicable Timelines.--
``(1) General implementation regulations.--Not later than
18 months after the date of enactment of this section, the
Secretary shall promulgate such regulations as may be necessary
to implement all standards in this section except those
provided for in subsection (d)(2).
``(2) Minimum standards for certification of approved
bodies.--Not later than 24 months after the date of enactment
of this section, the Secretary shall establish the standards
regarding approved bodies referred to in subsection (d)(2) and
begin certifying approved bodies under such subsection.
``(3) Regulations for delivery of or payment for
services.--Not later than 36 months after the date of enactment
of this section, the Secretary shall promulgate the regulations
described in subsection (h). The Secretary may withhold the
provision of Federal assistance as provided for in subsection
(h) beginning on the date that is 48 months after the date of
enactment of this section.
``(k) Definitions.--In this section:
``(1) Approved body.--The term `approved body' means an
entity that has been certified by the Secretary under
subsection (d)(1) to accredit the various mechanisms by which
an individual can demonstrate compliance with the standards
promulgated under subsection (a) with respect to performing,
planning, evaluating, or verifying patient dose for medical
imaging or radiation therapy.
``(2) Medical imaging.--The term `medical imaging' means
any procedure used to visualize tissues, organs, or physiologic
processes in humans for the purpose of diagnosing illness or
following the progression of disease. Images may be produced
utilizing ionizing radiation, radiopharmaceuticals, magnetic
resonance, or ultrasound and image production may include the
use of contrast media or computer processing. For purposes of
this section, such term does not include routine dental
diagnostic procedures.
``(3) Perform.--The term `perform', with respect to medical
imaging or radiation therapy, means--
``(A) the act of directly exposing a patient to
radiation via ionizing or radio frequency radiation, to
ultrasound, or to a magnetic field for purposes of
medical imaging or for purposes of radiation therapy;
and
``(B) the act of positioning a patient to receive
such an exposure.
``(4) Plan.--The term `plan', with respect to medical
imaging or radiation therapy, means the act of preparing for
the performance of such a procedure to a patient by evaluating
site-specific information, based on measurement and
verification of radiation dose distribution, computer analysis,
or direct measurement of dose, in order to customize the
procedure for the patient.
``(5) Radiation therapy.--The term `radiation therapy'
means any procedure or article intended for use in the cure,
mitigation, treatment, or prevention of disease in humans that
achieves its intended purpose through the emission of
radiation.
``(l) Sunset.--This section shall have no force or effect after
September 30, 2016.''.
SEC. 4. REPORT ON THE EFFECTS OF THIS ACT.
(a) Not later than 5 years after the date of enactment of this Act,
the Secretary of Health and Human Services, acting through the Director
of the Agency for Healthcare Research and Quality, shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the effects of this Act. Such report shall include the types
and numbers of providers for whom standards have been developed, the
impact of such standards on diagnostic accuracy and patient safety, and
the availability and cost of services. Entities reimbursed for
technical services through programs operating under the authority of
the Secretary of Health and Human Services shall be required to
contribute data to such report.
Passed the Senate December 6, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Consumer Assurance of Radiologic Excellence Act of 2006 - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Imposes such standards on personnel who perform, plan, or evaluate, or verify patient doses for, medical imaging studies and radiation therapy procedures and not on the equipment used. Exempts physicians, nurse practitioners, and physician assistants.
Directs the Secretary to ensure that individuals demonstrate compliance through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, or verified pertinent experience.
Allows the standards to: (1) vary from discipline to discipline, represent expert consensus as to what constitutes excellence in practice, and be appropriate to the particular scope of care involved; (2) vary in form for each of the covered disciplines; and (3) exempt individual providers from meeting certain standards based on their scope of practice.
Requires the Secretary to provide a method for the recognition of individuals whose training and experience are determined to equal or exceed that of: (1) a graduate of an accredited educational program in that specialty; or (2) an individual who is regularly eligible to take the licensure or certification examination for that discipline.
Directs the Secretary to certify bodies for accreditation of various mechanisms by which an individual can demonstrate compliance with the standards. Requires the Secretary to establish minimum standards for certification, including assurances that the body will: (1) be a nonprofit organization; (2) comply with the established standards; and (3) notify the Secretary in a timely manner if it fails to comply. Allows the Secretary to withdraw certification upon determining the body does not meet the required standards.
Deems state standards for licensure or certification of personnel, accreditation of educational programs, or administration of examinations to be in compliance with standards under this Act unless the Secretary determines they do not meet minimum standards or are inconsistent with this Act. Requires the Secretary to establish an appeal process.
Requires the Secretary to: (1) evaluate the performance of each approved body; (2) ensure that programs that involve the performance of or payment for medical imaging or radiation therapy meet such standards; and (3) determine whether such standards must be met in their entirety in rural areas. Authorizes the Secretary to develop alternative standards for rural areas or health professional shortage areas to assure access to quality medical imaging.
Sets forth a timeline for the implementation of the standards under this Act.
(Sec. 4) Sets forth reporting requirements. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly."} | 2,601 | 542 | 0.614561 | 2.068321 | 0.793703 | 4.256863 | 4.809804 | 0.947059 |
SECTION 1. LIMITATION OF COST-OF-LIVING ADJUSTMENTS FOR PAY FOR MEMBERS
OF CONGRESS AND CERTAIN SENIOR FEDERAL OFFICIALS
(a) Members of Congress.--Section 601(a)(2) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended to read as
follows:
``(2)(A) Subject to subparagraphs (B) and (C) effective at
the beginning of the first applicable pay period commencing on
or after the first day of the month in which an adjustment
takes effect under section 5303 of title 5, United States Code,
in the rates of pay under the General Schedule, each annual
rate referred to in paragraph (1) shall be adjusted by an
amount, rounded to the nearest multiple of $100 (or if midway
between multiples of $100, to the next higher multiple of
$100), equal to the lesser of--
``(i) the percentage of such annual rate which
corresponds to the most recent percentage change in the
ECI (relative to the date described in subparagraph
(B)), as determined under section 704(a)(1) of the
Ethics Reform Act of 1989; or
``(ii) the maximum percentage increase determined
under section 215(i) of the Social Security Act (42
U.S.C. 459(i)) for the applicable year.
``(B) The appropriate date referred to in subparagraph (A)
is the first day of the fiscal year in which such adjustment in
the rates of pay under the General Schedule takes effect.
``(C) The first adjustment under this section shall become
effective in the calendar year beginning on January 1, 1995,
and all other adjustments shall take effect in every 2 calendar
years thereafter. All adjustments shall be based upon the year
preceding the adjustment.''.
(b) Executive Schedule Officers.--Section 5318 of title 5, United
States Code, is amended to read as follows:
``Sec. 5318. Adjustments in rates of pay
``(a) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an
adjustment takes effect under section 5303 of this title in the rates
of pay under the General Schedule, the annual rate of pay for positions
at each level of the Executive Schedule shall be adjusted by an amount,
rounded to the nearest multiple of $100 (or if midway between multiples
of $100, to the next higher multiple of $100), equal to the lesser of--
``(1) the percentage of such annual rate of pay which
corresponds to the most recent percentage change in the ECI
(relative to the date described in subsection (b)), as
determined under section 704(a)(1) of the Ethics Reform Act of
1989; or
``(2) the maximum percentage increase determined under
section 215(i) of the Social Security Act (42 U.S.C. 459(i))
for the applicable year.
``(b) The appropriate date referred to under subsection (a) is the
first day of the fiscal year in which such adjustment in the rates of
pay under the General Schedule takes effect.''.
(c) Vice President.--Section 104 of title 3, United States Code, is
amended to read as follows:
``Sec. 104. Salary of the Vice President
``(a) The per annum rate of salary of the Vice President of the
United States shall be the rate determined for such position under
section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) as
adjusted by this section. Effective at the beginning of the first
applicable pay period commencing on or after the first day of the month
in which an adjustment takes effect under section 5303 of title 5 in
the rates of pay under the General Schedule, the salary of the Vice
President shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to the next
higher multiple of $100), equal to the lesser of--
``(1) the percentage of such annual rate of pay which
corresponds to the most recent percentage change in the ECI
(relative to the date described in subsection (b)), as
determined under section 704(a)(1) of the Ethics Reform Act of
1989; or
``(2) the maximum percentage increase determined under
section 215(i) of the Social Security Act (42 U.S.C. 459(i))
for the applicable year.
``(b) The appropriate date referred to under subsection (a) is the
first day of the fiscal year in which such adjustment in the rates of
pay under the General Schedule takes effect.''.
SEC. 2. LIMITATION ON COST-OF-LIVING ADJUSTMENTS FOR FEDERAL ANNUITIES
FOR MEMBERS OF CONGRESS AND CERTAIN SENIOR FEDERAL
OFFICIALS
(a) Civil Service Retirement System.--Section 8340 of title 5,
United States Code, is amended by adding at the end thereof the
following new subsection:
``(h) Notwithstanding any other provision of this section, the
adjustment under this section for an annuity which is based on
creditable service, any part of which is service as a Member or service
in a position under the Executive Schedule, shall be the lesser of--
``(1) the percentage adjustment which would be applicable
under this section if the provisions of this subsection had not
been enacted; or
``(2) the maximum percentage increase determined under
section 215(i) of the Social Security Act (42 U.S.C. 459(i))
for the applicable year.''.
(b) Federal Employees' Retirement System.--Section 8462 of title 5,
United States Code, is amended by adding at the end thereof the
following new subsection:
``(f) Notwithstanding any other provision of this section, the
adjustment under this section for an annuity which is based on
creditable service, any part of which is service as a Member or service
in a position under the Executive Schedule, shall be the lesser of--
``(1) the percentage adjustment which would be applicable
under this section if the provisions of this subsection had not
been enacted; or
``(2) the maximum percentage increase determined under
section 215(i) of the Social Security Act (42 U.S.C. 459(i))
for the applicable year.''. | Amends the Legislative Reorganization Act of 1946 and other Federal law to: (1) prohibit cost-of-living adjustments in the salaries of Members of Congress, Executive Schedule officers, and the Vice President from exceeding cost-of-living adjustments for social security benefits; (2) allow Members of Congress to receive cost-of-living adjustments only in nonelection years; and (3) prohibit cost-of-living adjustments in the retirement annuities of Members of Congress and Executive Schedule officers from exceeding cost-of-living adjustments for social security benefits. | {"src": "billsum_train", "title": "A bill to provide for cost-of-living adjustments for pay and retirement benefits for Members of Congress and certain senior Federal officials to be limited by the amount of social security cost-of-living adjustments, and for other purposes."} | 1,425 | 113 | 0.499697 | 1.209386 | 0.579379 | 3.073394 | 11.862385 | 0.834862 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Watercraft Responsible Use
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The growing popularity of recreational boating,
including personal watercraft, has resulted in increased
numbers of boaters competing for limited space, which leads to
more boating accidents and a diminished experience for all
users.
(2) Personal watercraft are ``thrill craft'' that are
operated differently from other motorized boats, are designed
to be highly maneuverable at high speeds, and are capable of
operating at high speeds in shallow areas that are typically
inaccessible by other motorized boats.
(3) Irresponsible operation of personal watercraft poses a
safety risk for untrained operators and other recreational
users, and damages valuable aquatic habitat in shallow waters.
SEC. 3. PURPOSES AND POLICIES.
The purposes and policies of this Act are the following:
(1) To ensure the safe and responsible use of personal
watercraft in the Nation's waterways.
(2) To protect sensitive shallow water habitat that is
important for many fish and wildlife species.
(3) To reduce conflicts among recreational boaters by
providing a forum for collaborative management efforts to
develop innovative boating regulations for overcrowded
waterways.
(4) To provide Federal assistance to States to improve the
enforcement of recreational boating laws.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Terms defined in coastal zone management act of 1972.--
Each of the terms ``coastal state'', ``coastal waters'', and
``Secretary'' has the meaning given that term under section 304
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(2) Personal watercraft.--The term ``personal watercraft''
means a motor vessel that is capable of carrying one or more
persons and--
(A) uses an inboard motor powering a water jet pump
or a caged propeller as its primary source of motive
power; and
(B) is designed to be operated by a person standing
on, kneeling on, sitting in, or sitting astride the
vessel.
(3) No-wake speed.--The term ``no-wake speed'' means the
speed at which a personal watercraft moves through the water
while maintaining minimum headway and producing the smallest
wake possible.
SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE.
(a) Withholding of Assistance.--
(1) In general.--The Secretary shall withhold up to 10
percent of a coastal state's assistance in each fiscal year
under sections 306 and 309 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state
implements enforceable policies and other provisions required
under this section regarding the operation of personal
watercraft in coastal waters of the State.
(2) Application.--Paragraph (1) shall apply after the
expiration of the 2-year period beginning on the date of the
enactment of this Act.
(b) Enforceable Policies.--Enforceable policies required under this
section shall prohibit a person from operating a personal watercraft in
excess of no-wake speed in any of the following areas or manner:
(1) In any area designated as a sensitive area in the
management program of the coastal state under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.).
(2) In waters closer than 200 feet from the shoreline.
(3) In a designated right-of-way or navigation channel.
(4) In a manner that injures, harasses, or disturbs wading,
roosting, or nesting birds or marine mammals.
(c) Designation of Sensitive Areas.--
(1) Designation by state.--In addition to the enforceable
policies required under subsection (b), the management program
of a coastal state shall include provisions that designate
sensitive areas of the coastal state for purposes of subsection
(b)(1) in accordance with the criteria issued under paragraph
(2) of this subsection.
(2) Criteria for designation.--The Secretary shall issue
criteria for designating sensitive areas under paragraph (1).
The criteria shall include a consideration of the following:
(A) The presence of unique or valuable aquatic
habitat and communities.
(B) The presence of aquatic vegetation, nesting
birds, shellfish beds, or marine mammals.
(C) The importance of an area for other
recreational and commercial users.
(d) Compliance.--A coastal state that has a program that is
otherwise approved by the Secretary in accordance with section 306(d)
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may
comply with subsection (a) of this section by amending or modifying the
program (in accordance with section 306(e) of that Act) to add
enforceable policies and other provisions required by that subsection.
(e) Use of Grants.--A State may use any amount received by the
State as assistance under section 306 or 309 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement
enforceable policies and provisions required under this section.
(f) Regulations.--The Secretary, in consultation with the Secretary
of Transportation, shall issue regulations implementing this section
before the expiration of the 1-year period beginning on the date of the
enactment of this Act.
SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM.
(a) National Personal Watercraft Guidelines.--Within one year after
the date of enactment of this Act, the Secretary of Transportation
shall establish guidelines and standards for the operation of personal
watercraft, consistent with the enforceable policies required under
section 5(b), in the national recreational boating safety program
carried out under section 13101 of title 46, United States Code. The
guidelines and standards shall include--
(1) mandatory State registration of personal watercraft;
(2) a minimum age for a personal watercraft operator of at
least 16 years of age, unless the operator is accompanied on
the vessel by a passenger who has attained an age greater than
16 years and who has completed the mandatory training program
required under paragraph (3); and
(3) a requirement that all operators of personal watercraft
(including any operator of a rented vessel) must complete a
training program that includes safety and conservation
components.
(b) Implementation Funds.--A State may use funds received by the
State under section 13106 of title 46, United States Code, to develop
and implement regulations to improve personal watercraft user safety,
reduce conflicts among personal watercraft operators and other boaters,
and minimize environmental damage.
SEC. 7. LAW ENFORCEMENT GRANTS.
(a) In General.--The Secretary of Transportation, subject to the
availability of appropriations, may make grants to States to enforce
recreational boating laws and regulations, including purchasing
necessary equipment and hiring law enforcement personal. A State is
eligible for assistance under this subsection if the State has--
(1) implemented a recreational boating safety program that
incorporates the national guidelines and standards for personal
watercraft established under section 6(a); and
(2) adopted the enforceable policies described in section
5(b), if the State is a coastal state.
(b) Allocation.--
(1) In general.--Of the total amount available each fiscal
year for grants under this section, the Secretary shall
allocate to each State an amount that bears the same ratio to
such total amount as the number of recreational vessels
registered in that State bears to the total number of
recreational vessels registered in all States.
(2) Limitation on grants to a state.--The total amount
awarded to a State each fiscal year as grants under this
section may not exceed the allocation to the State under
paragraph (1) for the fiscal year.
(c) Required Match.--As a condition of providing a grant under this
section to a State, the Secretary shall require the State to provide
matching funds according to a 1-to-1 ratio of Federal-to-State
contributions. All State matching funds must be from non-Federal
sources. The State contribution may be made in the form of in-kind
contribution of goods or services.
SEC. 8. TASK FORCE DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Transportation, subject to the
availability of appropriations, may make grants to States to support
the activities of collaborative task forces to minimize conflicts
between personal watercraft and other recreational and commercial
users. Task forces that receive assistance from the Secretary of
Transportation under this section shall--
(1) be organized geographically to minimize user conflicts
in a watershed or basin; and
(2) consist of members that represent personal watercraft
recreational users, State boating law administrators, State
conservation agencies, other Federal, State, and local agencies
with a demonstrated interest in minimizing user conflicts,
property owners, and other interested persons.
(b) Allocation.--The Secretary shall award task force development
grants on a competitive basis. No State may receive more than 25
percent of the total amount appropriated for a fiscal year for
assistance under this subsection.
(c) Regulations.--The Secretary of Transportation may issue
regulations and requirements for the task force development grant
program under this section.
(d) Required Match.--As a condition of providing a grant under this
section to a State, the Secretary shall require the State to provide
matching funds according to a 1-to-1 ratio of Federal-to-State
contributions. All State matching funds must be from non-Federal
sources. The State contribution may be made in the form of in-kind
contribution of goods or services.
(e) Obligation.--Amounts provided as a grant under this section
shall be available to the grantee for obligation for 2 years, after
which any unobligated amount shall revert to the Secretary of
Transportation and remain available for grants under this section for
subsequent fiscal years.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Law Enforcement Grants.--For law enforcement grants under
section 7, there are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2001, 2002, and
2003.
(b) Task Force Development Grants.--For task force development
grants under section 8, there are authorized to be appropriated to the
Secretary of Transportation $2,500,000 for each of fiscal years 2001,
2002, and 2003.
SEC. 10. STATE AUTHORITY PRESERVED.
Nothing in this Act limits the authority of a State to establish
limitations or requirements for the operation of personal watercraft,
that are more restrictive than the enforceable policies and other
provisions required by this Act. | Directs the Secretary of Transportation to establish certain guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies, in the national boating safety program. Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make recreational boating law enforcement grants to States that have: (1) implemented a recreational boating safety program incorporating the national guidelines and standards for personal watercraft; and (2) adopted the enforceable policies under this Act, if the State is a coastal State. Requires States, as a condition of receiving a grant, to provide matching funds on a one-to-one basis of Federal-to-State contributions.
Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. Requires the Secretary of Transportation to award task force development grants on a competitive basis, with no State receiving more than 25 percent of the total amount appropriated for a fiscal year. Sets forth similar matching fund requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Personal Watercraft Responsible Use Act of 1999"} | 2,348 | 245 | 0.516311 | 1.435605 | 0.744993 | 4.64455 | 10.165877 | 0.92891 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Rural Air Service
Survival Act''.
(b) Findings.--Congress finds that--
(1) air service in rural areas is essential to a national
transportation network;
(2) the rural air service infrastructure supports the safe
operation of all air travel;
(3) rural air service creates economic benefits for all air
carriers by making the national aviation system available to
passengers from rural areas;
(4) rural air service has suffered since deregulation;
(5) the essential air service program under the Department
of Transportation--
(A) provides essential airline access to rural and
isolated rural communities throughout the Nation;
(B) is necessary for the economic growth and
development of rural communities;
(C) is a critical component of the national
transportation system of the United States; and
(D) has endured serious funding cuts in recent
years; and
(6) a reliable source of funding must be established to
maintain air service in rural areas and the essential air
service program.
SEC. 2. FEES TO FINANCE ESSENTIAL AIR SERVICE PROGRAM.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40121. Fees to finance essential air service program
``(a) Establishment of Fees.--
``(1) In general.--Not later than 6 months after the
effective date of this section, the Federal Aviation
Administration shall establish and begin collecting fees for
the following services provided by the Federal Aviation
Administration:
``(A) Services (other than air traffic control
services) provided to a foreign government.
``(B) Air traffic control services for flights over
the United States or its territories by air carriers
that neither arrive at nor depart from a United States
airport (other than such flights by foreign government
aircraft engaged in official business).
``(2) Considerations.--In establishing fees under paragraph
(1), the Administration shall consider the fair value, or cost,
of the service provided by the Administration.
``(3) Deposit of proceeds.--The Administration shall
deposit all proceeds from fees collected under paragraph (1) in
the account established by subsection (b)(1).
``(b) Account in the Treasury.--
``(1) Establishment.--There is established in the Treasury
of the United States a separate account which shall consist of
amounts deposited into the account by the Administration under
subsection (a)(3).
``(2) Availability of amounts.--
``(A) In general.--Funds in the account established
by paragraph (1) shall be available to the
Administration to pay compensation to air carriers
under the essential air service program established by
subchapter II of chapter 417 of this title.
``(B) Unobligated funds.--Any unobligated funds
remaining in the account at the end of a fiscal year
shall be available to the Administration for safety-
related projects at airports for which essential air
service is provided under subchapter II of chapter 417
of this title. Such projects shall be subject to the
requirements of subchapter I of chapter 471 of this
title.
``(3) Reporting of transactions.--For each fiscal year, the
Administration shall transmit to Congress a report on the
receipts, obligations, and expenditures of funds in the account
established by paragraph (1).''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new item:
``40121. Fees to finance essential air service program.''.
SEC. 3. MODIFICATIONS TO ESSENTIAL AIR SERVICE PROGRAM.
(a) Administration by FAA.--Subchapter II of chapter 417 of title
49, United States Code, is amended--
(1) by striking ``Secretary of Transportation'' each place
it appears (other than section 41733(a)) and inserting
``Federal Aviation Administration'';
(2) by striking ``Secretary'' each place it appears (other
than section 41733(a)) and inserting ``Administration'';
(3) by striking ``Administrator of the Federal Aviation''
each place it appears; and
(4) in section 41733(b)(1), as amended by paragraph (2) of
this subsection, by inserting ``Federal Aviation'' before
``Administration'' the first place it appears.
(b) Matching Funds.--Section 41737 of title 49, United States Code,
is amended by adding at the end the following:
``(f) Matching Funds.--No earlier than 2 years after the effective
date of this subsection, the Administration may require a public agency
that controls a commercial service airport (as defined by section
47102(7) of this title) to provide matching funds for compensation
provided under this subchapter for basic essential air service to the
airport in an amount not to exceed 10 percent of the amount of the
compensation.''.
(c) Elimination of Sunset.--Subchapter II of chapter 417 of title
49, United States Code, is amended--
(1) by striking section 41742; and
(2) by striking the item relating to section 41742 in the
analysis of such subchapter.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first fiscal year beginning after the date of the
enactment of this Act. | Rural Air Service Survival Act - Amends Federal aviation law to direct the Federal Aviation Administration (FAA) to begin collecting fees for the following FAA-provided services: (1) services (other than air traffic control) provided to a foreign government; and (2) air traffic control services for flights over the United States or its territories by air carriers that neither arrive at nor depart from a U.S. airport (other than such flights by foreign government aircraft engaged in official business). Directs the FAA to deposit the proceeds from such fees in a separate account in the Treasury.
Makes the FAA, instead of the Secretary of Transportation, the administrator of the essential air service program.
Authorizes the FAA to require an eligible public agency that controls a commercial service airport to provide for basic essential air service matching funds of up to ten percent of the amount of Federal compensation received. | {"src": "billsum_train", "title": "Rural Air Service Survival Act"} | 1,219 | 185 | 0.626926 | 1.613281 | 0.882254 | 3.97076 | 6.532164 | 0.883041 |
SECTION 1. SHORT TITLE.
This section may be cited as the ``Low-Level Radioactive Waste
Policy Act of 1996''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Compact.--The term ``compact'' means a compact entered
into by 2 or more States under section 4 of the Low-Level
Radioactive Waste Policy Act.
(2) Compact region.--The term ``compact region'' means the
area consisting of all the States that are members of the
compact.
(3) Disposal.--The term ``disposal'' means the permanent
isolation of low-level radioactive waste pursuant to the
requirements established by the Nuclear Regulatory Commission.
(4) Generate.--The term ``generate'', when used in relation
to low-level radioactive waste, means to produce low-level
radioactive waste.
(5) Low-level radioactive waste.--The term ``low-level
radioactive waste'' means radioactive material that--
(A) is not highly radioactive waste, spent nuclear
fuel, or byproduct material (as defined in section
11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)))--
(i) owned or generated by the Department of
Energy;
(ii) owned or generated by the United
States Navy as the result of the decommission
of vessels of the United States Navy; or
(iii) owned or generated as a result of any
research, development, testing, or production
of any atomic weapons;
(B) the Nuclear Regulatory Commission, consistent
with existing law and in accordance with subparagraph
(A), classifies as low-level radioactive waste; and
(C) consists of or contains class A, B, or C
radioactive waste as defined by regulations published
at section 61.55 of title 10, Code of Federal
Regulations, as in effect on January 26, 1983.
(6) Secretary.--The term ``Secretary'', unless otherwise
specified, means the Secretary of the Interior.
(7) Sited compact region.--The term ``sited compact
region'' means a compact region in which there is located one
of the following disposal facilities: Barnwell in the State of
South Carolina and Richland in the State of Washington. A
region ceases to be a sited compact region if, for any reason,
the disposal facility located in the region ceases to accept
waste.
(8) State.--The term ``State'' means any State of the
United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 3. DUTY TO DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.
The Secretary shall dispose of low-level radioactive waste
generated within any State outside a sited compact region. Each sited
compact region shall provide for the disposal of low-level radioactive
waste generated within the sited compact region. A State outside a
sited compact region may provide for the disposal within that State of
any low-level radioactive waste generated within that State, except
that such a State shall not be required to accept low-level radioactive
waste generated outside that State, except under contract with the
Secretary under section 5.
SEC. 4. ESTABLISHMENT OF DISPOSAL FACILITY.
The Secretary shall establish a disposal facility for low-level
radioactive waste on land owned by the Federal Government, and may
contract with the Department of Energy for disposal of low-level
radioactive waste at a disposal facility established by the Department
of Energy for radioactive waste as described in clause (i), (ii), or
(iii) of section 2(5)(A).
SEC. 5. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
Not later than January 1, 1997, the Secretary shall accept for
disposal any low-level radioactive waste generated within any State
outside a sited compact region. Notwithstanding any other provision of
law, no later than January 1, 1997, the Secretary shall contract with
the Secretary of Energy for the temporary storage of low-level
radioactive waste at any facility established by the Department of
Energy for radioactive waste as described in clause (i), (ii), or (iii)
of section 2(5)(A) and may contract with the Secretary of Energy for
disposal of such waste at any such facility or may contract with any
State for disposal of such waste at any licensed disposal facility
operated to dispose of low-level radioactive waste generated within
that State. The Secretary shall take physical possession of low-level
radioactive waste tendered consistent with this Act by a waste
generator or broker or by a State official charged with regulating
possession of radioactive materials beginning on January 1, 1997,
whether or not a contract with the Secretary of Energy has been
executed.
SEC. 6. RATES FOR DISPOSAL.
The Secretary shall establish by regulation rates for the disposal
of low-level radioactive waste accepted for disposal. The rates shall
provide for recovery of the actual costs of disposal and the
administrative costs of the Secretary to contract with the Secretary of
Energy as provided in section 5. Rates may be based upon volume or
activity of waste, or a combination of the two, except that the rate
shall not exceed an average rate of $500 per cubic foot of waste
disposed.
SEC. 7. CONFORMING AMENDMENTS.
(a) Repeal.--The Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b et seq.) is repealed.
(b) Duties of the Secretary of the Interior.--Section 441 of the
Revised Statutes (43 U.S.C. 1457) is amended by adding at the end the
following:
``14. Commercial Low-Level Radioactive Waste Disposal
(other than greater than Class C).''. | Low-Level Radioactive Waste Policy Act of 1996 - Directs the Secretary of the Interior to perform the following duties: (1) dispose of low-level radioactive waste generated within any State outside a sited compact region; (2) establish a disposal facility for low-level radioactive waste on federally-owned land; (3) accept for disposal any low-level radioactive waste generated within any State outside a sited compact region; (4) contract with the Secretary of Energy for the temporary storage of low-level radioactive waste at any Department of Energy radioactive waste facility; (5) take physical possession, by a specified date, of low-level radioactive waste tendered by a waste generator, broker, or State regulatory official, regardless of whether a contract with the Secretary of Energy has been executed; and (6) establish low-level radioactive waste disposal rates. | {"src": "billsum_train", "title": "Low-Level Radioactive Waste Policy Act of 1996"} | 1,283 | 181 | 0.59738 | 1.521018 | 0.934984 | 4.870588 | 6.764706 | 0.964706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Foster Care Improvement Act
of 1995''.
SEC. 2. REQUIREMENT THAT STATES ADMINISTER QUALIFYING EXAMINATIONS TO
ALL STATE EMPLOYEES WITH NEW AUTHORITY TO MAKE DECISIONS
REGARDING CHILD WELFARE SERVICES.
Section 474 of the Social Security Act (42 U.S.C. 674) is amended
by adding at the end the following:
``(d) The Secretary may not make a payment to a State under
subsection (a) for any calendar quarter beginning after the 18-month
period that begins with the date of the enactment of this subsection,
unless the State has in effect procedures to ensure that, before the
State provides to a prospective child welfare decisionmaker the
authority to make decisions regarding child welfare services, the
individual must take and pass an examination, administered by the
State, that tests knowledge of such subjects as child development,
family dynamics, dysfunctional behavior, substance abuse, child abuse,
and community advocacy. As used in the preceding sentence, the term
`prospective child welfare decisionmaker' means an individual who, on
the date of the enactment of this subsection, does not have any
authority to make a decision regarding child welfare services.''.
SEC. 3. PROCEDURES TO EXPEDITE THE PERMANENT PLACEMENT OF FOSTER
CHILDREN.
(a) In General.--Section 474 of the Social Security Act (42 U.S.C.
674), as amended by section 2 of this Act, is amended by adding at the
end the following:
``(e) The Secretary may not make a payment to a State for a
calendar quarter under subsection (a) unless the State has in effect
procedures requiring the State agency, at the time a child is removed
from a home and placed in foster care under the supervision of the
State, to locate any parent of the child who is not living at the home,
and evaluate the ability of the parent to provide a suitable home for
the child.''.
(b) Applicability.--The amendment made by subsection (a) of this
section shall not apply with respect to any child who, on the date of
the enactment of this Act, is in foster care under the supervision of a
State (as defined in section 1101(a)(1) of the Social Security Act for
purposes of title IV of such Act).
SEC. 4. PLACEMENT OF FOSTER CHILDREN IN PERMANENT KINSHIP CARE
ARRANGEMENTS.
(a) State Option to Deem Kinship Placement as Adoption.--Section
473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by
adding at the end the following:
``(7) If a State places a child (who has been in foster care under
the supervision of the State) with a blood relative of the child or of
a half-sibling of the child, and transfers legal custody of the child
to the relative, pursuant to a written agreement, entered into between
the State and the relative, that contains provisions of the type
described in section 475(3), then, at the option of the State, for
purposes of this part--
``(A) the placement is deemed an adoption;
``(B) the initiation of the proceeding to so place the
child is deemed an adoption proceeding;
``(C) the relative is deemed the adoptive parent of the
child;
``(D) the agreement is deemed an adoption assistance
agreement;
``(E) the payments made under the agreement are deemed to
be adoption assistance payments; and
``(F) any reasonable and necessary court costs, attorneys
fees, and other expenses which are directly related to the
placement or the transfer of legal custody and are not in
violation of State or Federal law are deemed nonrecurring
adoption expenses.''.
(b) Consideration of Kinship Placement Option at Dispositional
Hearing.--Section 475(5)(C) of such Act (42 U.S.C. 675(5)(C)) is
amended by inserting ``should be placed with a relative of the child as
provided in section 473(a)(7),'' before ``should be placed for
adoption''.
SEC. 5. FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE AVAILABLE
ONLY TO STATES THAT REQUIRE STATE AGENCIES, IN
CONSIDERING APPLICATIONS TO ADOPT CERTAIN FOSTER
CHILDREN, TO GIVE PREFERENCE TO APPLICATIONS OF A FOSTER
PARENT OR CARETAKER RELATIVE OF THE CHILD.
Section 474 of the Social Security Act (42 U.S.C. 674), as amended
by sections 2 and 3 of this Act, is amended by adding at the end the
following:
``(f) Notwithstanding any other provision of this section, the
Secretary may not make any payment to a State under this section, for
any calendar quarter ending after the 5-year period that begins with
the date of the enactment of this subsection, unless the State has in
effect laws and procedures requiring a State agency to complete the
processing of an application to adopt a child who is in foster care
under the responsibility of the State that has been submitted by a
foster parent or caretaker relative of the child, before completing the
processing of any other application to adopt the child if--
``(1) a court has approved a permanent plan for adoption of
the child, or the child has been freed for adoption; and
``(2) the agency with authority to place the child for
adoption determines that--
``(A) the child has substantial emotional ties to
the foster parent or caretaker relative, as the case
may be; and
``(B) removal of the child from the foster parent
or caretaker relative, as the case may be, would be
seriously detrimental to the well-being of the
child.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to payments under part
E of title IV of the Social Security Act for quarters beginning after
the date of the enactment of this Act. | Omnibus Foster Care Improvement Act of 1995 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to administer qualifying examinations to all State employees with new authority to make decisions regarding child welfare services.
(Sec. 3) Prohibits the Secretary of Health and Human Services from making a payment of such assistance to a State unless the State has in effect procedures requiring the State agency, at the time a child is removed from a home and placed in foster care under State supervision, to locate any parent of the child who is not living at the home and evaluate that parent's ability to provide a suitable home for the child.
(Sec. 4) Gives States the option of deeming as adoption the placement of a child who was under State-supervised foster care with a blood relative given legal custody of the child.
(Sec. 5) Prohibits the Secretary, after a five-year interim period, from making a payment of such assistance to a State unless the State requires a State agency to give preference to applications of a foster parent or caretaker relative of the child in considering applications to adopt certain foster children. | {"src": "billsum_train", "title": "Omnibus Foster Care Improvement Act of 1995"} | 1,419 | 268 | 0.684489 | 1.925185 | 0.854494 | 4.895197 | 5.283843 | 0.930131 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Humanitarian
Relief to Cuba Act''.
(b) Findings.--Congress makes the following findings:
(1) Hurricane Gustav, which struck Cuba on September 1,
2008, was the worst hurricane to hit the island of Cuba in over
50 years. The Category Four storm displaced over 400,000 Cubans
and damaged or destroyed 130,000 homes and caused severe damage
to infrastructure.
(2) Hurricane Ike, which made landfall on Cuba on September
7, 2008, forced the evacuation of over 2,500,000 Cubans,
damaged an additional 100,000 structures, and damaged local
infrastructure.
(3) The number of Cubans left homeless is expected to reach
100,000, and the total economic losses of Hurricanes Gustav and
Ike are expected to reach upwards of $10,000,000,000, with
serious damage done to the island's agricultural industry.
(4) In the wake of past natural disasters, the United
States eased restrictions to mobilize the generous spirit of
many thousands of Americans by allowing humanitarian aid
originating from the United States to be transported directly
to Cuba to the benefit of the Cuban people.
(5) Allowing the people of the United States to assist the
Cuban people in reclaiming their lives and livelihoods
following a major natural disaster just 90 miles from the
United States is an important aspect of United States national
security and defense policy.
SEC. 2. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180
DAYS.
(a) In General.--
(1) Freedom of travel for united states citizens and
certain other persons to visit family members in cuba.--For the
180-day period beginning on the date of the enactment of this
Act, the President may not prohibit or regulate, directly or
indirectly--
(A) travel to or from Cuba by United States
citizens or any person subject to the jurisdiction of
the United States with family currently residing in
Cuba; or
(B) any of the transactions incident to such travel
that are described in paragraph (2).
(2) Transactions incident to travel.--The transactions
referred to in paragraph (1) are--
(A) any transaction ordinarily incidental to travel
to or from Cuba, including the importation into Cuba or
the United States of accompanied baggage for personal
or family use only;
(B) any transaction ordinarily incident to travel
to or maintenance within Cuba, including the payment of
living expenses and the acquisition of goods or
services for personal and family use only; and
(C) any transaction ordinarily incident to the
arrangement, promotion, or facilitation of scheduled
and nonscheduled travel to, from, or within Cuba,
including lodging and meals in an amount not to exceed
the per diem amount authorized under chapter 57 of
title 5, United States Code.
(b) Supersedes Other Provisions.--This section supersedes any other
provision of law, including section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)).
(c) Effective Date.--This section applies to actions taken by the
President before the date of the enactment of this Act that are in
effect on such date and to actions taken on or after such date during
the 180-day period beginning on such date of enactment.
SEC. 3. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS.
(a) In General.--Except as provided in subsection (b), for the 180-
day period beginning on the date of the enactment of this Act, the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind, for such 180-day
period, all regulations in effect on the date of enactment of this Act
that so limit the amount of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 4. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS.
(a) In General.--Except as provided in subsection (d), for the 180-
day period beginning on the date of the enactment of this Act, the
President may not limit the size, quantity or frequency, or the
carrying, transporting or shipping of personal gift items and relief
supplies (not for sale or resale) that are eligible to be shipped
through existing or new mechanisms established expressly for the
delivery of such packages. Such items and supplies may be sent to Cuba
by any person who is subject to the jurisdiction of the United States
and the President shall rescind, for such 180-day period, all
regulations in effect on the date of the enactment of this Act that so
limit such items.
(b) Personal Gift Items.--For purposes of this section, the term
``personal gift items'' includes goods intended to improve the daily
life of the Cuban people, including clothing, medication, foodstuffs,
personal hygiene items, and other daily necessities.
(c) Relief Supplies.--For the purposes of this section, the term
``relief supplies'' means any item intended to provide temporary or
permanent comfort or shelter to hurricane victims in Cuba, or intended
to facilitate repairs to personal dwellings in Cuba damaged during the
2008 hurricane season.
(d) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity). | Humanitarian Relief to Cuba Act - Prohibits for 180 days from the enactment of this Act: (1) the President from prohibiting or regulating travel to or from Cuba, or certain transactions incident to such travel, by a U.S. citizen or any person subject to U.S. jurisdiction with family residing in Cuba; (2) the President from limiting the size, quantity or frequency, or the carrying or shipping of, personal gift items and relief supplies by any person subject to U.S. jurisdiction that are eligible to be so shipped or delivered; and (3) the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction. | {"src": "billsum_train", "title": "To facilitate the provision of humanitarian relief to Cuba."} | 1,345 | 157 | 0.569433 | 1.555497 | 0.883382 | 3.576923 | 9.346154 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Telehealth and
Telemedicine Improvement Act''.
SEC. 2. TELECONSULTATION AND TELEMEDICINE.
(a) Teleconsultation and Teleretinal Imaging.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1709. Teleconsultation and teleretinal imaging
``(a) Teleconsultation.--(1) The Secretary shall carry out a
program to increase the use of teleconsultation, telemedicine,
telehealth, and home telehealth by the Department.
``(2) The Secretary shall, in consultation with appropriate
professional societies, promulgate technical and clinical care
standards for the use of teleconsultation services within facilities of
the Department.
``(b) Teleretinal Imaging.--(1) The Secretary shall carry out a
program to increase the use of teleretinal imaging by the Department in
each Veterans Integrated Services Network.
``(2) In each fiscal year beginning with fiscal year 2013 and
ending with fiscal year 2018, the Secretary shall increase the number
of patients enrolled in each teleretinal imaging program under
paragraph (1) by not less than five percent from the number of patients
enrolled in each respective program in the previous fiscal year.
``(c) Annual Reports.--Not later than March 1 of each year, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the Department's
implementation of telehealth and telemedicine programs, including the
program of teleconsultation, telemedicine, telehealth, and home
telehealth under subsection (a) and the program of teleretinal imaging
under subsection (b).
``(d) Definitions.--In this section:
``(1) The term `home telehealth' includes, but is not
limited to, the use of telecommunication technology and
information technology to support the monitoring, transmission,
and interpretation of clinical data derived from patients
situated in a home, community, or other non-health-care
facility setting.
``(2) The term `teleconsultation' includes, but is not
limited to, the use by a health care provider of
telecommunication technology and information technology to
assist another health care provider, at a distant site, in
their management, assessment, diagnosis, and treatment of a
patient.
``(3) The term `telehealth' includes, but is not limited
to, the use of telecommunication technology and information
technology to support the provision of health care in
situations where the patient and health care provider are
separated by geographic distance.
``(4) The term `telemedicine' includes, but is not limited
to, the use of telecommunication technology and information
technology to support the provision of health care in
situations where the patient and health care provider are
separated by geographic distance and the provider is directly
managing the care of the patient.
``(5) The term `teleretinal imaging' includes, but is not
limited to, the use of telecommunication technology and
information technology to support the remote assessment of eye
conditions.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item related to section 1708 the following new item:
``1709. Teleconsultation and teleretinal imaging.''.
(b) Training in Telemedicine.--
(1) Medical residents.--The Secretary of Veterans Affairs
shall require each Department of Veterans Affairs facility that
is involved in the training of medical residents to work with
each university concerned to develop an elective rotation in
telemedicine for such residents.
(2) Rural veterans.--The Secretary shall provide health
care professionals of the Department with education and
training with respect to using telemedicine to provide care to
veterans in rural areas.
(c) Enhancement of VERA.--
(1) Incentives for provision of teleconsultation,
teleretinal imaging, telemedicine, and telehealth services.--
The Secretary shall modify the Veterans Equitable Resource
Allocation system to provide incentives for the use of
teleconsultation, teleretinal imaging, telemedicine, and
telehealth coordination services.
(2) Inclusion of telemedicine visits in workload
reporting.--The Secretary shall modify the Veterans Equitable
Resource Allocation system to require the inclusion of all
telemedicine visits in the calculation of facility workload.
(d) Definitions.--In this section, the terms ``teleconsultation'',
``telehealth'', ``telemedicine'', and ``teleretinal imaging'' have the
meanings given such terms in section 1709(d) of title 38, United States
Code, as added by subsection (a)(1).
SEC. 3. AUTHORITY TO WAIVE COLLECTION OF COPAYMENTS FOR TELEHEALTH AND
TELEMEDICINE VISITS OF VETERANS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by inserting after section 1722A the following
new section:
``Sec. 1722B. Copayments: waiver of collection of copayments for
telehealth and telemedicine visits of veterans
``(a) In General.--The Secretary may waive the imposition or
collection of copayments for teleconsultation, telemedicine,
teleretinal imaging, telehealth, and home telehealth visits of veterans
under the laws administered by the Secretary.
``(b) Definitions.--The terms `teleconsultation', `telemedicine',
`teleretinal imaging', `telehealth', and `home telehealth' have the
meanings given such terms in section 1709(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1722A the following new item:
``1722B. Copayments: waiver of collection of copayments for telehealth
and telemedicine visits of veterans.''. | Veterans' Telehealth and Telemedicine Improvement Act - Directs the Secretary of Veterans Affairs to carry out a program to increase the use of: (1) teleconsultation, telemedicine, telehealth, and home telehealth by the Department of Veterans Affairs (VA); and (2) teleretinal imaging in each Veterans Integrated Services Network.
Directs the Secretary to: (1) require each VA facility involved in the training of medical residents to work with each university concerned to develop an elective rotation in telemedicine for such residents, and (2) provide VA health care professionals with education and training in the use of telemedicine to provide care for veterans in rural areas.
Requires the Secretary to modify the Veterans Equitable Resource Allocation system to: (1) provide incentives for the use of teleconsultation, teleretinal imaging, telemedicine, and telehealth coordination services; and (2) require the inclusion of all telemedicine visits in the calculation of facility workload.
Authorizes the Secretary to waive the imposition or collection of copayments for teleconsultation, telemedicine, teleretinal imaging, telehealth, and home telehealth visits of veterans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the use of teleconsultation, teleretinal imaging, telemedicine, and telehealth coordination services for the provision of health care to veterans, and for other purposes."} | 1,381 | 252 | 0.716173 | 2.113819 | 0.840754 | 4.898058 | 5.635922 | 0.956311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stripper Well Operators Preservation
Act of 1993''.
SEC. 2. INCREASED PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS PRODUCED
FROM STRIPPER WELL PROPERTIES.
(a) In General.--Subparagraph (C) of section 613A(c)(6) of the
Internal Revenue Code of 1986 (relating to oil and natural gas from
marginal properties) is amended--
(1) by striking ``25 percent'' and inserting ``28.5
percent'',
(2) by striking ``15 percent'' and inserting ``20
percent'', and
(3) by striking ``$20'' and inserting ``$28''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. NET INCOME LIMITATION ON PERCENTAGE DEPLETION REPEALED FOR
STRIPPER WELL PROPERTIES.
(a) In General.--Section 613(a) of the Internal Revenue Code of
1986 (relating to percentage depletion) is amended by striking the
second sentence and inserting: ``Except in the case of stripper well
properties as defined in section 613A(c)(6)(E) for which depletion is
computed in accordance with section 613A(c)(6), such allowance shall
not exceed 50 percent (100 percent in the case of oil and gas
properties other than stripper well properties as defined in section
613a(c)(6)(E) for which depletion is computed in accordance with
section 613A(c)(6)) of the taxpayer's taxable income from the property
(computed without allowance for depletion).''
(b) Conforming Amendment.--Section 613A(c)(7) of such Code
(relating to special rules) is amended by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph (C).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 4. EXPANSION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43(a) of the Internal Revenue Code of 1986
(relating to enhanced oil recovery credit) is amended to read as
follows:
``(a) General Rule.--For purposes of section 38, the enhanced oil
recovery credit for any taxable year is an amount equal to--
``(1) 15 percent of the taxpayer's qualified enhanced oil
recovery costs for such taxable year, plus
``(2) in the case of a taxpayer (other than an integrated
oil company as defined in section 291(b)(4)), 15 percent of the
taxpayer's stripper well production costs for such taxable
year.''.
(b) Stripper Well Production Costs, Etc.--Section 43(c) of such
Code (defining qualified enhanced oil recovery costs) is amended by
redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
respectively, and by inserting after paragraph (2) the following new
paragraph:
``(3) Stripper well production costs.--
``(A) In general.--The term `Stripper Well
Production costs' means any of the following:
``(i) Any amount paid or incurred during
the taxable year for tangible property--
``(I) which is an integral part of
a qualified stripper well recovery
project, and
``(II) with respect to which
depreciation (or amortization in lieu
of depreciation) is allowable under
this chapter.
``(ii) Any intangible drilling and
development costs--
``(I) which are paid or incurred in
connection with a qualified stripper
well recovery project, and
``(II) with respect to which the
taxpayer may make an election under
section 263(c) of the taxable year.
``(B) Qualified stripper well recovery project.--
The term `qualified stripper well recovery project'
means any project which--
``(i) involves a stripper well property as
defined in section 613A(c)(6)(E),
``(ii) involves the application (in
accordance with sound engineering principles)
of recovery methods approved by the Secretary
for purposes of this section which can
reasonably be expected to result in
prolongation of the productive life of such
stripper well property and in more than an
insignificant increase in the amount of crude
oil which will ultimately be recovered, and
``(iii) is located within the United States
(within the meaning of section 638(1)).
``(C) Certification.--A project shall not be
treated as a qualified stripper well recovery project
unless the operator submits to the Secretary (at such
times and in such manner as the Secretary provides) a
certification that the project meets (and continues to
meet) the requirement of subparagraph (B).''.
(c) No Double Certification.--Section 43(c) of such Code, as
amended by subsection (b), is amended by adding at the end thereof the
following new paragraph:
``(6) Only 1 certification allowed.--For purposes of this
section, the term `qualified enhanced oil recovery project'
shall not include any project which is certified as a qualified
advanced secondary recovery project under paragraph (3) and the
term `qualified stripper well recovery project' shall not
include any project which is certified as an enhanced oil
recovery project under paragraph (2).''.
(d) Conforming Amendments.--
(1) Paragraph (4) of section 43(c) of such Code, as
redesignated, is amended by inserting ``and qualified stripper
well recovery costs'' after ``qualified enhanced oil recovery
costs''.
(2) The heading for subsection (c) of section 43 of such
Code is amended by inserting ``and Qualified Stripper Well
Recovery Costs'' after ``Costs''.
(e) Effective Date.--The amendments made by this section shall
apply in the case of amounts paid or incurred in taxable years
beginning after the date of enactment of this Act. | Stripper Well Operators Preservation Act of 1993 - Amends the Internal Revenue Code to increase the percentage depletion for stripper wells.
Repeals the net income limitation on percentage depletion for oil and gas properties.
Expands the enhanced oil recovery tax credit to apply to stripper well production costs. | {"src": "billsum_train", "title": "Stripper Well Operators Preservation Act of 1993"} | 1,404 | 67 | 0.604751 | 1.338385 | 0.859917 | 2.660377 | 22.735849 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cahaba River National Wildlife
Refuge Establishment Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Cahaba River in Alabama is recognized nationally for
its unique biological diversity which includes providing habitat
for 131 species of fish (more than any other river its size in
North America).
(2) The Cahaba River is home to 64 rare and imperiled species
of aquatic plants and animals, including fishes, freshwater
turtles, mussels, and snails.
(3) The Cahaba River is home to 12 species of fish, mussels,
and snails listed as endangered or threatened species.
(4) The Cahaba River is home to six terrestrial species of
plants and animals listed as endangered or threatened species.
(5) The Cahaba River harbors the largest population in the
world of the imperiled shoals lily, known locally as the Cahaba
Lily.
(6) The Cahaba River watershed contains extremely rare plant
communities that are home to eight species of plants previously
unknown to science and a total of 69 rare and imperiled species of
plants.
(7) The Cahaba River is home to at least a dozen endemic
aquatic animals that are found nowhere else in the world.
(8) The Cahaba River is the longest remaining free-flowing
river in Alabama, flowing through five counties in central Alabama.
(9) The Cahaba River is recognized as an Outstanding Alabama
Water by the Alabama Department of Environmental Management.
(10) The Cahaba River has high recreational value for hunters,
anglers, birdwatchers, canoeists, nature photographers, and others.
(11) The Cahaba River Watershed supports large populations of
certain game species, including deer, turkey, and various species
of ducks.
(12) The Cahaba River area is deserving of inclusion in the
National Wildlife Refuge System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Refuge.--The term ``Refuge'' means the Cahaba River
National Wildlife Refuge established by section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. ESTABLISHMENT OF REFUGE.
(a) Establishment.--
(1) In general.--There is established in Bibb County, Alabama,
the Cahaba National Wildlife Refuge, consisting of approximately
3,500 acres of Federal lands and waters, and interests in lands and
waters, within the boundaries depicted upon the map entitled
``Cahaba River National Wildlife Refuge-Proposed'', dated April 10,
2000.
(2) Boundary revisions.--The Secretary may make such minor
revisions of the boundaries of the Refuge as may be appropriate to
carry out the purposes of the Refuge or to facilitate the
acquisition of property within the Refuge.
(3) Availability of map.--The Secretary shall keep the map
referred to in paragraph (1) available for inspection in
appropriate offices of the United States Fish and Wildlife Service.
(b) Effective Date.--The establishment of the Refuge under
paragraph (1) of subsection (a) shall take effect on the date the
Secretary publishes, in the Federal Register and publications of local
circulation in the vicinity of the area within the boundaries referred
to in that paragraph, a notice that sufficient property has been
acquired by the United States within those boundaries to constitute an
area that can be efficiently managed as a National Wildlife Refuge.
SEC. 5. ACQUISITION OF LANDS AND WATERS.
(a) In General.--The Secretary, subject to the availability of
appropriations, may acquire up to 3,500 acres of lands and waters, or
interests therein, within the boundaries of the Refuge described in
section 4(a)(1).
(b) Inclusion in Refuge.--Any lands, waters, or interests acquired
by the Secretary under this section shall be part of the Refuge.
SEC. 6. ADMINISTRATION.
In administering the Refuge, the Secretary shall--
(1) conserve, enhance, and restore the native aquatic and
terrestrial community characteristics of the Cahaba River
(including associated fish, wildlife, and plant species);
(2) conserve, enhance, and restore habitat to maintain and
assist in the recovery of animals and plants that are listed under
the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.);
(3) in providing opportunities for compatible fish- and
wildlife-oriented recreation, ensure that hunting, fishing,
wildlife observation and photography, and environmental education
and interpretation are the priority general public uses of the
Refuge, in accordance with section 4(a)(3) and (4) of the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668ee(a)(3), (4)); and
(4) encourage the use of volunteers and to facilitate
partnerships among the United States Fish and Wildlife Service,
local communities, conservation organizations, and other non-
Federal entities to promote public awareness of the resources of
the Cahaba River National Wildlife Refuge and the National Wildlife
Refuge System and public participation in the conservation of those
resources.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) such funds as may be necessary for the acquisition of lands
and waters within the boundaries of the Refuge; and
(2) such funds as may be necessary for the development,
operation, and maintenance of the Refuge.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary to acquire up to 3,500 acres of lands and waters, or interests therein, within prescribed Refuge boundaries.
Requires the Secretary, in administering the Refuge: (1) to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Cahaba River; (2) to conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, to ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) to encourage the use of volunteers and to facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources.
Authorizes appropriations. | {"src": "billsum_train", "title": "Cahaba River National Wildlife Refuge Establishment Act"} | 1,199 | 206 | 0.555517 | 1.49151 | 0.811391 | 6.580311 | 5.761658 | 0.963731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Giving Care to Elders
(AGE) Act of 2013''.
SEC. 2. CREDIT FOR ELDERCARE EXPENSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. EXPENSES FOR ELDERCARE.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the eldercare expenses (as defined in subsection
(b)(2)) paid by such individual during the taxable year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 20
percent reduced (but not below zero) by 1 percentage point for
each $4,000 (or fraction thereof) by which the taxpayer's
adjusted gross income for the taxable year exceeds $120,000.
``(b) Definitions of Qualifying Individual and Eldercare
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means the father or mother of the taxpayer or an
ancestor of such father or mother, who requires assistance with
activities of daily living.
``(2) Eldercare expenses.--
``(A) In general.--The term `eldercare expenses'
means amounts paid for expenses for the care of a
qualifying individual.
``(B) Care centers.--Eldercare expenses described
in subparagraph (A) which are incurred for services
provided outside the taxpayer's household by a care
center (as defined in subparagraph (C)) shall be taken
into account only if such center complies with all
applicable laws and regulations of a State or unit of
local government.
``(C) Care center defined.--For purposes of this
paragraph, the term `care center' means any facility
which--
``(i) provides care for more than six
individuals, and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--
``(1) In general.--The amount of the eldercare expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed $6,000.
``(2) Coordination with dependent care assistance
exclusion.--The dollar amount in paragraph (1) shall be reduced
by the aggregate amount excluded from gross income under
section 129 for the taxable year.
``(d) Special Rules.--For purposes of this section--
``(1) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid to an
individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(2) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(3) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
subsection (a) with respect to any qualifying individual unless
the taxpayer identification number of such individual is
included on the return claiming the credit.
``(4) Married couples must file joint return.--Rules
similar to the rules of paragraphs (2) and (3) of section 21(e)
shall apply.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any amount with respect to which a credit is allowed
under section 21.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A 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 25D the
following new item:
``Sec. 25E. Expenses for eldercare.''.
(c) Conforming Amendments.--
(1) Section 213(e) of the Internal Revenue Code of 1986 is
amended--
(A) by inserting ``or section 25E'' after ``section
21'', and
(B) by inserting ``and Elders'' after ``Certain
Dependents'' in the heading.
(2) Section 6213(g)(2) of such Code is amended--
(A) by inserting ``, section 25E (relating to
expenses for care of elders),'' after ``(relating to
expenses for household and dependent care services
necessary for gainful employment)'' in subparagraph
(H), and
(B) by inserting ``25E,'' after ``24,'' in
subparagraph (L).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY
CAREGIVER SUPPORT PROGRAM.
(a) In General.--Section 303(e) of the Older Americans Act of 1965
(42 U.S.C. 3023(e)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) There is authorized to be appropriated to carry out part E
(relating to family caregiver support) $187,000,000 for each of fiscal
years 2014, 2015, 2016, and 2017.'';
(2) in paragraph (3), by striking ``paragraphs (1) and
(2)'' and inserting ``paragraph (1)''; and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Conforming Amendment.--Section 373(f)(1)(A) of the Older
Americans Act of 1965 (42 U.S.C. 3030s-1(f)(1)(A)) is amended by
striking ``fiscal years 2007, 2008, 2009, 2010, and 2011'' and
inserting ``fiscal years 2014, 2015, 2016, and 2017''.
SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
(a) In General.--Part A of title IV of the Older Americans Act of
1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the
following:
``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
``(a) Definitions.--In this section:
``(1) Public or private nonprofit entity.--The term `public
or private nonprofit entity' means--
``(A) a State, a political subdivision of a State,
or an agency or instrumentality of such a State or
political subdivision; or
``(B) a nonprofit entity that is described in
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a) of such
Code.
``(2) State.--The term `State' means 1 of the 50 States.
``(b) Establishment.--The Secretary of Health and Human Services
shall award a grant to or enter into a cooperative agreement with a
public or private nonprofit entity to establish a National Resource
Center on Family Caregiving (referred to in this section as the
`Center').
``(c) Purposes of National Resource Center.--The Center shall--
``(1) identify, develop, and disseminate information on
best practices for and evidence-based models of family
caregiver support programs;
``(2) provide timely information on policy and program
updates relating to family caregivers;
``(3) partner with related organizations to disseminate
practical strategies and tools to support families in their
caregiving roles;
``(4) convene educational programs and web-based seminars
on family caregiver issues and program development; and
``(5) provide a comprehensive Internet website with a
national searchable database on family caregiver programs and
resources in the States.
``(d) Authorization.--There is authorized to be appropriated to
carry out this section $12,000,000 for the period of fiscal years 2014
through 2017.''.
(b) Technical Amendments.--
(1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is
amended by striking ``or contract'' the first place it appears
and inserting ``or contract (including a cooperative
agreement)''.
(2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is
amended by striking ``and contracts'' and inserting ``and
contracts (including cooperative agreements)''. | Americans Giving Care to Elders (AGE) Act of 2013 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents). Amends the Older Americans Act of 1965 to: (1) increase and extend funding for the National Family Caregiver Support Program through FY2017, and (2) require the Secretary of Health and Human Services (HHS) to award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs. | {"src": "billsum_train", "title": "Americans Giving Care to Elders (AGE) Act of 2013"} | 2,291 | 143 | 0.508632 | 1.20265 | 0.573232 | 4.379032 | 16.177419 | 0.91129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Accountability in
Security Contracting Act''.
SEC. 2. REQUIREMENTS RELATING TO CONTRACTS WITH PRIVATE SECURITY
CONTRACTORS.
(a) Accountability Requirements for Personnel Performing Federal
Contracts With Private Security Contractors.--
(1) Requirement to provide certain information about
personnel performing federal contracts.--Each covered contract
shall require contractors to provide the appropriate Federal
Government contracting officer with the following information
at the time the contract is awarded and to update the
information during contract performance as necessary:
(A) Number of persons being used by the contractor
and subcontractors (at any tier) of the contractor to
carry out the contract and any subcontracts under the
contract.
(B) A description of how such persons are trained
to carry out tasks specified under the contract.
(C) The salaries and benefits of such persons.
(D) A description of each category of activity
required by the covered contract.
(2) Full cost accounting.--Each covered contract shall
include the following requirements:
(A) Before award of the contract, the contractor
shall provide cost estimates of salary, insurance,
materials, logistics, travel, administrative costs, and
other costs of carrying out the contract.
(B) Before contract closeout, the contractor shall
provide a report on the actual costs of carrying out
the contract, in the same categories as provided under
subparagraph (A).
(3) Casualty reporting.--Each covered contract shall
require full reporting by the contractor of all personnel
casualties in carrying out the contract.
(4) Oversight.--Before a covered contract is awarded, the
head of the agency awarding the contract shall ensure that
sufficient funds are available to enable contracting officers
of the agency to perform oversight of the performance of the
contract.
(5) Waiver authority.--The head of the agency awarding a
covered contract may waive a requirement of this section with
respect to a contract in an emergency or exceptional situation,
as determined by the head of the agency. Any such waiver shall
be limited to the requirements that are impossible or
impracticable to implement because of the emergency or
exceptional situation. In any case in which the head of an
agency waives a requirement under this section with respect to
a contract, the agency head shall submit to Congress a report,
within 30 days after the date of award of the contract, that
describes the contract, the waiver, the emergency or
exceptional situation that justified the waiver, and a plan for
bringing the contract into compliance with the waived
requirements as soon as possible or an explanation of why the
waiver needs to be permanent.
(6) FAR revisions.--Not later than 120 days after the date
of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to implement the provisions of this
subsection.
(b) Requirements of the Secretary of Defense Relating to Contracts
With Private Security Contractors.--
(1) Hiring standards relating to private security
contractors.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
in regulations minimum standards for the persons that private
security contractors may hire for the performance of any
covered contract. The standards may vary based on the duties of
personnel, but must address past criminal activity, security
clearance requirements, and other issues the Secretary
determines may lead to security or performance concerns.
(2) Comparative analysis.--Before a Federal agency enters
into a covered contract, the Secretary of Defense shall perform
a cost and effectiveness analysis for every category of
potential activity that may be carried out by the private
security contractor under the contract, comparing the cost and
effectiveness that would be associated with the same activities
being carried out by civilian employees of the Department of
Defense or members of the Armed Forces. The Secretary shall
ensure, as part of the analysis, that the overall military
mission would not be significantly affected if the contractor
personnel refused to perform work as required under the
contract.
(c) Definitions.--In this section:
(1) Covered contracts.--The term ``covered contract'' means
a contract entered into by the Federal Government with a
private security contractor, except that, in the case of a task
or delivery order contract entered into by the Federal
Government with a private security contractor, the term means a
task order issued under the contract.
(2) Private security contractor.--The term ``private
security contractor'' means any entity under contract with the
Federal Government--
(A) whose personnel are allowed to carry weapons as
part of their contract; or
(B) that uses persons who perform one or more of
the following duties:
(i) Military logistics and maintenance.
(ii) Interrogation of prisoners.
(iii) Convoy security.
(iv) Guarding vital facilities and
personnel.
(v) Intelligence gathering and analysis.
(vi) Tactical security work.
(vii) Local force training.
(d) Effective Date.--This section shall apply to covered contracts
entered into on or after the date occurring 60 days after the date of
the enactment of this Act. | Transparency and Accountability in Security Contracting Act - Directs that each "covered contract" (i.e., a contract entered into by the Government with a private security contractor, or a task order issued under the contract) require contractors to provide the appropriate Government contracting officer with information at the time the contract is awarded and to update the information during contract performance regarding: (1) the number of persons being used by the contractor and subcontractors; (2) how such persons are trained; (3) their salaries and benefits; and (4) a description of each category of activity required by the covered contract.
Directs that the contractor provide, before: (1) award of the contract, cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other costs of carrying out the contract; and (2) closeout of the contract, a report on the actual costs.
Sets forth provisions regarding casualty reporting, oversight, waiver authority (in an emergency or exceptional situation), and revision of the Federal Acquisition Regulation.
Directs the Secretary of Defense to: (1) prescribe minimum standards for the persons that private security contractors may hire for the performance of any covered contract; (2) perform a cost and effectiveness analysis, before a Federal agency enters into such a contract, for every category of potential activity that may be carried out by the private security contractor under the contract; and (3) ensure that the overall military mission would not be significantly affected if the contractor personnel refused to perform work as required under the contract. | {"src": "billsum_train", "title": "To require accountability for personnel performing Federal contracts with private security contractors."} | 1,115 | 312 | 0.74871 | 2.337739 | 0.823403 | 4.930921 | 3.450658 | 0.957237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Fisheries through Better
Science Act''.
SEC. 2. DEFINITION OF STOCK ASSESSMENT.
Section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802) is amended by redesignating the
paragraphs after paragraph (42) in order as paragraphs (44) through
(52), and by inserting after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for
such stock, including--
``(i) the geographical boundaries of such
stock; and
``(ii) information on age, growth, natural
mortality, sexual maturity and reproduction,
feeding habits, and habitat preferences of such
stock; and
``(B) fishing for the stock.''.
SEC. 3. STOCK ASSESSMENT PLAN.
(a) In General.--Section 404 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 18881c) is amended by adding
at the end the following:
``(e) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under section 404(b) of such Act, a
plan to conduct stock assessments for all stocks of fish for
which a fishery management plan is in effect under this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock
assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each stock of fish for which a stock
assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment within 3 years after
the plan is published in the Federal Register
unless another time period is specified and
justified by the Secretary in the plan; and
``(C) identify data and analysis, especially
concerning recreational fishing, that, if available,
would reduce uncertainty in and improve the accuracy of
future stock assessments, including whether such data
and analysis could be 10 provided by nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of
such Act, as amended by this section, the Secretary of Commerce shall
issue the first stock assessment plan under such section by not later
than 1 year after the date of enactment of this Act.
SEC. 4. IMPROVING SCIENCE.
(a) Incorporation of Information From Wide Variety of Sources.--
Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801) is amended by adding at the end the
following: ``Fisheries management is most effective when it
incorporates information provided by governmental and nongovernmental
sources, including State and Federal agency staff, fishermen, fishing
communities, universities, research institutions, and other appropriate
entities. As appropriate, such information should be considered the
best scientific information available and form the basis of
conservation and management measures as required by this Act.''.
(b) Improving Data Collection and Analysis.--
(1) In general.--Section 404 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c), as
amended by this Act, is further amended by adding at the end
the following:
``(f) Improving Data Collection and Analysis.--
``(1) In general.--The Secretary, in consultation with the
science and statistical committee of the Councils established
under section 302(g), shall develop and publish in the Federal
Register guidelines that will facilitate greater incorporation
of data, analysis, and stock assessments from nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions, into fisheries
management decisions.
``(2) Content.--The guidelines shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used as the best scientific information
available for purposes of this Act and the basis for
establishing conservation and management measures as
required by section 303(a)(1), including setting
standards for the collection and use of such data and
analysis in stock assessments and for other purposes;
``(B) provide specific guidance for collecting data
and performing analyses identified as necessary to
reduce the uncertainty referred to in section
404(e)(2)(C); and
``(C) establish a registry of persons providing
such information.
``(3) Acceptance and use of data and analyses.--The
Secretary and Regional Fishery Management Councils shall--
``(A) use all data and analyses that meet the
guidelines published under paragraph (1) as the best
scientific information available for purposes of this
Act in fisheries management decisions, unless otherwise
determined by the science and statistical committee of
the Councils established pursuant to section 302(g) of
the Act;
``(B) explain in the Federal Register notice
announcing the fishery management decision how such
data and analyses have been used to establish
conservation and management measures; and
``(C) if any such data or analysis is not used,
provide in the Federal Register notice announcing the
fishery management decision an explanation developed by
such science and statistical committee of why such data
or analysis was not used.''.
(b) Deadline.--The Secretary of Commerce shall develop and publish
guidelines under the amendment made by subsection (a) by not later than
1 year after the date of enactment of this Act.
SEC. 5. COST REDUCTION REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Regional Fishery
Management Councils, shall submit a report to Congress that, with
respect to each fishery governed by a fishery management plan in effect
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)--
(1) identifies the goals of the applicable programs
governing monitoring and enforcement of fishing that is subject
to such plan;
(2) identifies methods to accomplish those goals, including
human observers, electronic monitoring, and vessel monitoring
systems;
(3) certifies which such methods are most cost-effective
for fishing that is subject to such plan; and
(4) explains why such most-cost-effective methods are not
required, if applicable.
SEC. 6. COST SHARING.
Section 304(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the
following:
``(3) The Secretary shall not collect any fee under this
section or section 313(a) before preparing an analysis that
identifies the costs that will be recovered by the fee and the
costs that will not be recovered by the fee. Such analysis
shall be included in the applicable fisheries management
plan.''. | Healthy Fisheries through Better Science Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to develop and publish at least triennially in the Federal Register (on the same schedule as the fisheries research strategic plan) a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect. Defines "stock assessment" as an evaluation of the past, present, and future status of a stock of fish, including: (1) a range of life history characteristics, including the stock's geographical boundaries, age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences; and (2) fishing for the stock. Requires the plan to: (1) establish schedules for conducting initial stock assessments and updating previously conducted assessments; and (2) identify data and analysis, especially concerning recreational fishing, that would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources, such as fishermen, fishing communities, universities, and research institutions. Provides for waivers of stock assessment requirements when the Secretary determines that the assessment is not necessary and justifies such determination in the Federal Register notice. Directs the Secretary to develop and publish in the Federal Register guidelines to incorporate data, analysis, and stock assessments from nongovernmental sources into fisheries management decisions and to establish a registry of information providers. Requires the Secretary and Regional Fishery Management Councils to use such information as the best scientific information available in fisheries management decisions, unless otherwise determined by the science and statistical committee of such Councils. Directs the Secretary to report to Congress regarding each fishery governed by a fishery management plan to: (1) identify the goals and methods of the applicable programs governing monitoring and enforcement of fishing subject to such plan; (2) certify which methods are most cost-effective; and (3) explain why such most-cost-effective methods are not required, if applicable. Prohibits the Secretary from collecting certain fishing permit fees and North Pacific Council fisheries research plan implementation fees before identifying the costs that will be recovered by such fee. | {"src": "billsum_train", "title": "Healthy Fisheries through Better Science Act"} | 1,776 | 496 | 0.67075 | 2.150616 | 0.762836 | 4.721951 | 3.995122 | 0.917073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gasoline Price Stabilization Act of
2003''.
SEC. 2. AUTHORIZATION FOR PRICE STABILIZATION.
(a) Presidential Authority.--The President is authorized to issue
such orders and regulations as he may deem appropriate, including price
caps, to stabilize prices for wholesale and retail gasoline to levels
at or below levels prevailing on March 1, 2002.
(b) Penalty.--Whoever willfully violates any order or regulation
issued under this section shall be fined $1,000,000 per violation.
(c) Injunctions.--Whenever it appears to any agency of the United
States, authorized by the President to exercise the authority contained
in this subsection to enforce orders and regulations issued under this
section, that any person has engaged, is engaged, or is about to engage
in any acts or practices constituting a violation of any regulation or
order under this section, it may in its discretion bring an action, in
the proper district court of the United States or the proper United
States court of any territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices,
and upon a proper showing a permanent or temporary injunction or
restraining order shall be granted without bond. Upon application of
the agency, any such court may also issue mandatory injunctions
commanding any person to comply with any regulation or order under this
section.
(d) Expiration.--
(1) In general.--Except as provided in paragraph (2), this
section shall cease to have effect 1 year after the date of the
enactment of this Act.
(2) Exception.--Paragraph (1) shall not affect enforcement
relating to a violation of this section occurring before the
expiration date in paragraph (1).
SEC. 3. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdowns Authorized To Address State or Regional Economic
Harm.--Section 161(d)(2)(C) of the Energy Policy and Conservation Act
(42 U.S.C. 6241(d)(2)(C)) is amended by inserting ``, or on a State or
regional economy'' after ``national economy''.
(b) Drawdowns Authorized To Combat Anti-Competitive Conduct.--
Section 161(d) of the Energy Policy and Conservation Act (42 U.S.C.
6241(d)) is further amended by adding at the end the following new
paragraph:
``(3) Reduction in supply caused by anticompetitive conduct.--
``(A) In general.--For the purposes of this section, in
addition to the circumstances set forth in section 3(8) and in
paragraph (2) of this subsection, a severe energy supply
interruption shall be deemed to exist if the President
determines that--
``(i) there is a significant reduction in supply
that--
``(I) is of significant scope and duration;
and
``(II) has caused a significant increase in
the price of petroleum products;
``(ii) the increase in price is likely to cause a
significant adverse impact on the national economy, or
on a State or regional economy; and
``(iii) a substantial cause of the reduction in
supply is the anticompetitive conduct of--
``(I) 1 or more foreign countries or
international entities; or
``(II) 1 or more producers, refiners, or
marketers of petroleum products.
``(B) Deposit and use of proceeds.--Proceeds from the sale
of petroleum drawn down pursuant to a Presidential
determination under subparagraph (A) shall--
``(i) be deposited in the SPR Petroleum Account;
and
``(ii) be used only for the purposes specified in
section 167.''.
(c) Reporting and Consultation Requirements.--When the price of a
barrel of crude oil exceeds $25 (in constant 2003 United States
dollars) on the New York Mercantile Exchange for a period greater than
14 days, the President, through the Secretary of Energy, shall, not
later than 30 days after the end of the 14-day period, submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that--
(1) states the results of a comprehensive review of the
causes and potential consequences of the price increase;
(2) provides an estimate of the likely duration of the
price increase, based on analyses and forecasts of the Energy
Information Administration;
(3) provides an analysis of the effects of the price
increase on the cost of gasoline at the wholesale and retail
levels; and
(4) states whether, and provides a specific rationale for
why, the President does or does not support the drawdown and
distribution of a specified amount of oil from the Strategic
Petroleum Reserve.
(d) General Accounting Office Study.--The Comptroller General of
the United States shall, not later than 1 year after the date of the
enactment of this Act, transmit to the Congress a review of the
drawdown authority of the President with respect to the Strategic
Petroleum Reserve, addressing--
(1) how and why the authority has changed over time;
(2) under what circumstances Presidents have actually
exercised the authority;
(3) what the impact on oil prices was as a result of the
exercising of the presidential authority; and
(4) the implications of expanding the drawdown authority
beyond the ``severe energy supply interruption'' standard, and
instead allowing the release of oil as a regular hedging tool
for oil companies, in which such companies could tap the
Strategic Petroleum Reserve as necessary to dampen price
shocks, but would be required to replace the oil, along with
additional barrels, at some predetermined time in the future.
SEC. 4. MINIMUM INVENTORY LEVELS.
(a) Establishing Minimum Levels.--The Secretary of Energy shall
establish minimum inventory levels that producers, refiners, and
marketers of crude oil and petroleum products must maintain in order to
limit the impact unexpected supply disruptions have on prices at the
wholesale and retail level.
(b) Different Industry Segments.--For the purposes of setting the
minimum inventory levels, the Secretary may set varying levels for each
segment of the oil industry as he determines appropriate.
(c) Different Products.--For the purposes of setting the minimum
inventory levels, the Secretary may set different levels for the
various crude oil and petroleum products, including gasoline, home
heating oil, and jet fuel.
(d) Seasonal Adjustment.--The Secretary may propose to adjust
minimum inventory levels to reflect seasonal adjustments.
(e) Regional Variations.--The minimum inventory levels set by the
Secretary shall take into account regional variations in supply and
demand, and market structure.
SEC. 5. BAN ON EXPORTING OF ALASKAN OIL.
(a) Repeal of Provision Authorizing Exports.--Subsection (s) of
section 28 of the Mineral Leasing Act (30 U.S.C. 185(s)) is repealed.
(b) Reimposition of Prohibition on Exports.--Subsection (d) of
Section 7 of the Export Administration Act of 1979 (50 U.S.C. App.
2406(d)) shall be effective as of the date of the enactment of this
Act, and those provisions of the Export Administration Act of 1979
(including sections 11 and 12) shall apply to the extent necessary to
carry out such section 7(d), notwithstanding section 20 of that Act and
notwithstanding any other provision of law that would otherwise allow
the export of oil to which such section 7(d) applies.
SEC. 6. SENSE OF CONGRESS REGARDING OPEC AND THE WTO.
(a) Findings.--The Congress makes the following findings:
(1) No free market exists in oil production because of
collusion among large oil-producing countries.
(2) The Organization of the Petroleum Exporting Countries
(OPEC) and other oil-producing countries have repeatedly agreed
to coordinated cutbacks in production, thus manipulating world
oil markets, resulting in de facto price fixing.
(3) This manipulation led to the highest price per barrel
of oil in nearly a decade, substantial increases in consumer
prices for items such as home heating oil and gasoline, and
continued price volatility.
(4) Rising oil prices greatly harm consumers, farmers,
small businesses, and manufacturers, increase the likelihood of
inflation, increase the cost of conducting interstate and
international commerce, and pose a strong threat to continued
economic growth.
(5) Article XI of the General Agreement on Tariffs and
Trade (GATT 1994) prohibits members of the World Trade
Organization (WTO) from setting quantitative restrictions on
the import or export of resources or products across their
borders; specifically the language reads: ``No prohibitions or
restrictions other than duties, taxes or other charges, whether
made effective through quotas, import or export licenses or
other measures, shall be instituted or maintained by any
contracting party on the importation of any product of the
territory of any other contracting party or on the exportation
or sale for export of any product destined for the territory of
any other contracting party.''.
(6) The precise meaning of this provision was spelled out
in a GATT Panel Report issued in 1988 entitled ``Japan--Trade
in Semi-conductors', which noted, ``. . . this wording [in
article XI] was comprehensive: it applied to all measures
instituted or maintained by a contracting party prohibiting or
restricting the importation, exportation or sale for export of
products other than measures that take the form of duties,
taxes, or other charges. . . . This wording indicated clearly
that any measure instituted or maintained by a contracting
party which restricted the exportation or sale for export of
products was covered by this provision, irrespective of the
legal status of the measure.''.
(7) Oil production restrictions clearly qualify as a
``quantitative restriction'' based on the original WTO rules
and the 1988 GATT panel report, which certify that only
``duties, taxes or other charges'' are allowable, not pacts
among countries to limit production of a product for export.
(8) Article XX of GATT 1994, which sets out a series of
exceptions to article XI, notes that none of the exceptions are
valid if they are ``applied in a manner which would constitute
. . . a disguised restriction on international trade'', a
phrase which describes OPEC's production restrictions.
(9) Of the 11 OPEC countries, 6 are members of the WTO
(Kuwait, Indonesia, Nigeria, Qatar, Venezuela, and United Arab
Emirates), 2 have observer status and have applied to join the
WTO (Saudi Arabia and Algeria), and only 3 have no relationship
with the WTO (Libya, Iran, and Iraq).
(10) Of the remaining large oil-producing countries, Mexico
and Norway are members of the WTO, and Russia and Oman have
applied for membership.
(11) Given the substantial WTO membership and pending
membership of oil-producing countries, filing a complaint would
likely have an immediate impact on the current and future
behavior of these countries.
(b) Sense of Congress.--The Congress strongly urges the President
to instruct the United States Representative to the World Trade
Organization to file a complaint in the World Trade Organization
against oil-producing countries for violating their obligations under
the rules of that organization. | Gasoline Price Stabilization Act of 2003 - Authorizes the President to issue orders and regulations, including price caps, to stabilize prices for wholesale and retail gasoline to levels at or below levels prevailing on March 1, 2002.Amends the Energy Policy and Conservation Act to cite additional criteria under which a severe energy supply interruption is deemed to exist, including a determination by the President that the increase in the price of petroleum products is: (1) likely to cause a significant adverse impact on the national, State, or regional economy; and (2) a substantial cause of the energy supply reduction is the anticompetitive conduct of either foreign countries or international entities, or producers, refiners, or marketers of petroleum products.Requires the President, when the price of a barrel of crude oil exceeds $25 on the New York Mercantile Exchange for more than 14 days, to issue a report to certain congressional committees that: (1) states the results of a comprehensive review of the causes and potential consequences of the price increase; (2) provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration; (3) provides an analysis of the effects of the price increase on the cost of gasoline at the wholesale and retail levels; and (4) states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve.Directs the Secretary of Energy to establish minimum inventory levels that producers, refiners, and marketers of crude oil and petroleum products must maintain in order to limit the impact unexpected supply disruptions have on prices at the wholesale and retail level.Amends the Mineral Leasing Act to repeal the authorization for the export of Alaska North Slope oil, and prohibit such exports.Urges the President to instruct the U.S. Representative to the World Trade Organization (WTO) to file a complaint in the WTO against oil-producing countries for violating their obligations under its rules. | {"src": "billsum_train", "title": "To provide for the stabilization of prices for gasoline, and for other purposes."} | 2,538 | 431 | 0.560632 | 1.752274 | 0.729262 | 6.667532 | 5.94026 | 0.953247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Corruption Elimination Act of
2010''.
SEC. 2. CONVICTION OF CERTAIN OFFENSES.
(a) Offenses Described.--Section 8312 of title 5, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) An offense described in this subsection is any act or
omission of an individual which--
``(1) is a felony under Federal or State law;
``(2) involves bribery, graft, misappropriation of public
funds or property, or conflicts of interest;
``(3) occurred in connection with the individual's service
as an employee; and
``(4) occurs after the date of the enactment of this
subsection.''.
(b) Technical and Conforming Amendments.--(1) Section 8312(a) of
such title is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following:
``(3) was convicted after the date of the enactment of this
paragraph of an offense described in subsection (d), to the
extent provided by that subsection.''.
(2) The last sentence of section 8312(a) of such title is amended--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) with respect to the offenses described in subsection
(d), to the period after the date of conviction.''.
(3) Section 8312(d)(1) of such title is amended--
(A) in the matter before subparagraph (A), by striking
``subsections (b)(1) and (c)(1),'' and inserting ``subsections
(b)(1), (c)(1), and (d)(1),''; and
(B) in subparagraph (A), by striking ``enumerated in
subsections (b)(1) and (c)(1),'' and inserting ``enumerated or
described in subsections (b)(1), (c)(1), and (d)(1),''.
SEC. 3. DEFINITIONAL AMENDMENTS.
(a) Annuity.--Section 8311(2) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking ``and'' at the end of subparagraph (G) and
inserting ``or''; and
(3) by inserting after subparagraph (G) the following:
``(H) a retirement benefit, including a disability
insurance benefit and a dependent's or survivor's
benefit under subchapter II of chapter 7 of title 42,
awarded before the date of the enactment of this
subparagraph to an individual, or the survivor or
beneficiary of such individual, insofar as the
individual was convicted of an offense described in
subsection (d) of section 8312, to the extent provided
by that subsection; and''.
(b) Retired Pay.--Section 8311(3) of such title is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following:
``(D) retired pay, retirement pay, retainer pay, or
equivalent pay, awarded before the date of the
enactment of this subparagraph, insofar as the
individual was convicted of an offense described in
subsection (d) of section 8312, to the extent provided
by that subsection;''.
(4) in subparagraph (E) (as so redesignated by paragraph
(2))--
(A) by inserting ``(other than an offense described
in subsection (d) of such section 8312)'' after ``of
this title'' in clause (i); and
(B) by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(F) an annuity payable to an eligible beneficiary
of an individual, if the annuity was awarded to the
beneficiary, or if retired pay was awarded to the
individual, before the date of the enactment of
subsection (d) of section 8312, insofar as the
individual, on the basis of whose service the annuity
was awarded, was convicted of an offense described in
subsection (d) of such section 8312, to the extent
provided by that subsection.''.
SEC. 4. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.
Section 8313(a)(1) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking ``and'' at the end of subparagraph (B) and
inserting ``or''; and
(3) by adding at the end the following:
``(C) after the date of the enactment of subsection
(d) of section 8312, for an offense described in such
subsection; and''.
SEC. 5. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316(b) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) if the individual was convicted of an offense
described in subsection (d) of section 8312, for the period
after the conviction.''.
SEC. 6. RESTORATION OF ANNUITY OR RETIRED PAY.
Section 8318(a) of title 5, United States Code, is amended by
inserting after ``is pardoned by the President'' the following: ``(or
by the Governor, in the case of an offense against a State law
described in subsection (d) of section 8312)''. | Public Corruption Elimination Act of 2010 - Denies federal retirement benefits to an individual (or his or her survivor or beneficiary) who has been convicted of a felony under federal or state law that involves bribery, graft, misappropriation of public funds or property, or conflicts of interest, that occurred in connection with the individual's service as an employee, and that occurs after this Act's enactment.
Prohibits an individual who is under indictment for such offense from being paid an annuity or retired pay if the individual willfully remains outside the United States for more than one year with knowledge of the indictment or charges.
Prohibits the computation and inclusion of interest on a refund of such an individual's retirement contributions for the period after the conviction.
Authorizes restoration of annuity or retired pay if an individual who was convicted of an offense against state law under this Act is pardoned by the governor. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to deny Federal retirement benefits to an individual convicted of a felony which occurred in connection with such individual's Government employment or service, and for other purposes."} | 1,472 | 214 | 0.466338 | 1.255824 | 0.754171 | 3.041176 | 7.805882 | 0.841176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State High Risk Pool Funding
Extension Act of 2006''.
SEC. 2. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH
INSURANCE POOLS.
Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45)
is amended to read as follows:
``SEC. 2745. RELIEF FOR HIGH RISK POOLS.
``(a) Seed Grants to States.--The Secretary shall provide from the
funds appropriated under subsection (d)(1)(A) a grant of up to
$1,000,000 to each State that has not created a qualified high risk
pool as of the date of enactment of the State High Risk Pool Funding
Extension Act of 2006 for the State's costs of creation and initial
operation of such a pool.
``(b) Grants for Operational Losses.--
``(1) In general.--In the case of a State that has established
a qualified high risk pool that--
``(A) restricts premiums charged under the pool to no more
than 200 percent of the premium for applicable standard risk
rates;
``(B) offers a choice of two or more coverage options
through the pool; and
``(C) has in effect a mechanism reasonably designed to
ensure continued funding of losses incurred by the State in
connection with operation of the pool after the end of the last
fiscal year for which a grant is provided under this paragraph;
the Secretary shall provide, from the funds appropriated under
paragraphs (1)(B)(i) and (2)(A) of subsection (d) and allotted to
the State under paragraph (2), a grant for the losses incurred by
the State in connection with the operation of the pool.
``(2) Allotment.--Subject to paragraph (4), the amounts
appropriated under paragraphs (1)(B)(i) and (2)(A) of subsection
(d) for a fiscal year shall be allotted and made available to the
States (or the entities that operate the high risk pool under
applicable State law) that qualify for a grant under paragraph (1)
as follows:
``(A) An amount equal to 40 percent of such appropriated
amount for the fiscal year shall be allotted in equal amounts
to each qualifying State that is one of the 50 States or the
District of Columbia and that applies for a grant under this
subsection.
``(B) An amount equal to 30 percent of such appropriated
amount for the fiscal year shall be allotted among qualifying
States that apply for such a grant so that the amount allotted
to such a State bears the same ratio to such appropriated
amount as the number of uninsured individuals in the State
bears to the total number of uninsured individuals (as
determined by the Secretary) in all qualifying States that so
apply.
``(C) An amount equal to 30 percent of such appropriated
amount for the fiscal year shall be allotted among qualifying
States that apply for such a grant so that the amount allotted
to a State bears the same ratio to such appropriated amount as
the number of individuals enrolled in health care coverage
through the qualified high risk pool of the State bears to the
total number of individuals so enrolled through qualified high
risk pools (as determined by the Secretary) in all qualifying
States that so apply.
``(3) Special rule for pools charging higher premiums.--In the
case of a qualified high risk pool of a State which charges
premiums that exceed 150 percent of the premium for applicable
standard risks, the State shall use at least 50 percent of the
amount of the grant provided to the State to carry out this
subsection to reduce premiums for enrollees.
``(4) Limitation for territories.--In no case shall the
aggregate amount allotted and made available under paragraph (2)
for a fiscal year to States that are not the 50 States or the
District of Columbia exceed $1,000,000.
``(c) Bonus Grants for Supplemental Consumer Benefits.--
``(1) In general.--In the case of a State that is one of the 50
States or the District of Columbia, that has established a
qualified high risk pool, and that is receiving a grant under
subsection (b)(1), the Secretary shall provide, from the funds
appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection
(d) and allotted to the State under paragraph (3), a grant to be
used to provide supplemental consumer benefits to enrollees or
potential enrollees (or defined subsets of such enrollees or
potential enrollees) in qualified high risk pools.
``(2) Benefits.--A State shall use amounts received under a
grant under this subsection to provide one or more of the following
benefits:
``(A) Low-income premium subsidies.
``(B) A reduction in premium trends, actual premiums, or
other cost-sharing requirements.
``(C) An expansion or broadening of the pool of individuals
eligible for coverage, such as through eliminating waiting
lists, increasing enrollment caps, or providing flexibility in
enrollment rules.
``(D) Less stringent rules, or additional waiver authority,
with respect to coverage of pre-existing conditions.
``(E) Increased benefits.
``(F) The establishment of disease management programs.
``(3) Allotment; limitation.--The Secretary shall allot funds
appropriated under paragraphs (1)(B)(ii) and (2)(B) of subsection
(d) among States qualifying for a grant under paragraph (1) in a
manner specified by the Secretary, but in no case shall the amount
so allotted to a State for a fiscal year exceed 10 percent of the
funds so appropriated for the fiscal year.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to prohibit a State that, on the date of the enactment
of the State High Risk Pool Funding Extension Act of 2006, is in
the process of implementing a program to provide benefits of the
type described in paragraph (2), from being eligible for a grant
under this subsection.
``(d) Funding.--
``(1) Appropriation for fiscal year 2006.--There are authorized
to be appropriated for fiscal year 2006--
``(A) $15,000,000 to carry out subsection (a); and
``(B) $75,000,000, of which, subject to paragraph (4)--
``(i) two-thirds of the amount appropriated shall be
made available for allotments under subsection (b)(2); and
``(ii) one-third of the amount appropriated shall be
made available for allotments under subsection (c)(3).
``(2) Authorization of appropriations for fiscal years 2007
through 2010.--There are authorized to be appropriated $75,000,000
for each of fiscal years 2007 through 2010, of which, subject to
paragraph (4)--
``(A) two-thirds of the amount appropriated for a fiscal
year shall be made available for allotments under subsection
(b)(2); and
``(B) one-third of the amount appropriated for a fiscal
year shall be made available for allotments under subsection
(c)(3).
``(3) Availability.--Funds appropriated for purposes of
carrying out this section for a fiscal year shall remain available
for obligation through the end of the following fiscal year.
``(4) Reallotment.--If, on June 30 of each fiscal year for
which funds are appropriated under paragraph (1)(B) or (2), the
Secretary determines that all the amounts so appropriated are not
allotted or otherwise made available to States, such remaining
amounts shall be allotted and made available under subsection (b)
among States receiving grants under subsection (b) for the fiscal
year based upon the allotment formula specified in such subsection.
``(5) No entitlement.--Nothing in this section shall be
construed as providing a State with an entitlement to a grant under
this section.
``(e) Applications.--To be eligible for a grant under this section,
a State shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
``(f) Annual Report.--The Secretary shall submit to Congress an
annual report on grants provided under this section. Each such report
shall include information on the distribution of such grants among
States and the use of grant funds by States.
``(g) Definitions.--In this section:
``(1) Qualified high risk pool.--
``(A) In general.--The term `qualified high risk pool' has
the meaning given such term in section 2744(c)(2), except that
a State may elect to meet the requirement of subparagraph (A)
of such section (insofar as it requires the provision of
coverage to all eligible individuals) through providing for the
enrollment of eligible individuals through an acceptable
alternative mechanism (as defined for purposes of section 2744)
that includes a high risk pool as a component.
``(2) Standard risk rate.--The term `standard risk rate' means
a rate--
``(A) determined under the State high risk pool by
considering the premium rates charged by other health insurers
offering health insurance coverage to individuals in the
insurance market served;
``(B) that is established using reasonable actuarial
techniques; and
``(C) that reflects anticipated claims experience and
expenses for the coverage involved.
``(3) State.--The term `State' means any of the 50 States and
the District of Columbia and includes Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana Islands.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | State High Risk Pool Funding Extension Act of 2006 - (Sec. 2) Amends the Public Health Service Act to reauthorize funds for grants to each state that has not created a qualified high risk pool for the state's cost to create and initially operate such a pool.
Increases the maximum allowable premium charged under a qualified high risk pool to 200% of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the state high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses.
Permits grants awarded by the Secretary of Health and Human Services to states with existing qualified high risk pools to cover losses incurred by a state in connection with the operation of such a pool to be made to entities that operate such a pool under applicable state law. Changes the allocation of such grants to give 40% to eligible states equally, 30% based on the number of uninsured individuals in a state relative to all states, and 30% based on the number of enrollees in a state's qualified high risk pool relative to all states. (Currently, all funds are allotted based solely on the number of uninsured individuals in the state.)
Requires a state which charges premiums that exceed 150% of the premium for applicable standard risks to use at least 50% of the grant amount to reduce premiums for enrollees.
Limits the maximum grant amount allotted to territories.
Requires the Secretary to award grants to states with qualified high risk pools for the provision of supplemental consumer benefits, which must include one or more of the following benefits: (1) low-income premium subsidies; (2) a reduction in premium trends, actual premiums, or other cost-sharing requirements; (3) an expansion or broadening of the pool of individuals eligible for coverage; (4) less stringent rules or additional waiver authority with respect to coverage of preexisting conditions; (5) increased benefits; or (6) establishment of disease management programs. Limits to 10% of appropriated funds the amount that any state may be allotted.
Authorizes appropriations for FY2006-FY2010.
Sets forth reporting requirements.
Revises the definition of "qualified high risk pool" to allow a state to elect to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to extend funding for the operation of State high risk health insurance pools."} | 2,180 | 552 | 0.672167 | 2.134321 | 0.841711 | 3.434694 | 4.057143 | 0.895918 |
SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the renewable electricity integration credit for any
taxable year is an amount equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Intermittent Renewable Portfolio Factor.--
``(1) Years before 2017.--In the case of taxable years
beginning before January 1, 2017, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent............... zero cents zero cents
At least 4 percent but less than 8 0.1 cents zero cents
percent..........................
At least 8 percent but less than 0.2 cents 0.2 cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.3 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(2) Years after 2016.--In the case of taxable years
beginning after December 31, 2016, the intermittent renewable
portfolio factor for an eligible taxpayer shall be determined
as follows:
----------------------------------------------------------------------------------------------------------------
``In the case of an eligible
taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or
renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent
is: portfolio factor is: renewable portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 10 percent.............. zero cents zero cents
At least 10 percent but less than 0.2 cents zero cents
12 percent.......................
At least 12 percent but less than 0.3 cents 0.15 cents
16 percent.......................
At least 16 percent but less than 0.4 cents 0.4 cents
20 percent.......................
At least 20 percent but less than 0.5 cents 0.5 cents
24 percent.......................
Equal to or greater than 24 0.6 cents 0.6 cents.
percent..........................
----------------------------------------------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity,
``(B) any facility using solar energy to generate
such electricity, or
``(C) any facility using any other intermittent
renewable energy source which the Secretary of Energy
determines has a capacity factor of less than 50
percent on an annual basis.
``(3) Intermittent renewable electricity percentage.--The
term `intermittent renewable electricity percentage' means the
percentage of an eligible taxpayer's total sales of electricity
to retail customers that is derived from renewable electricity
(determine without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to 1 eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(d) Credit Disallowed Unless Credit Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the credit under subsection (a) that is purchased
and not produced by an eligible taxpayer, no credit shall be
allowed unless any charge the taxpayer has assessed the seller
to recover the integration costs associated with such
electricity has been reduced (but not below zero) to the extent
of the credit received under subsection (a) associated with
such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the renewable electricity integration credit
determined under section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Renewable electricity integration credit.''.
(b) Payments in Lieu of Credit.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsection (a), to such
person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such taxable
year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased after December 31, 2009. | Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a renewable electricity integration credit for a utility that purchases or produces renewable power."} | 2,485 | 50 | 0.544034 | 1.239269 | 0.373292 | 2.163265 | 43.285714 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Patient Access to
Healthcare Records Act of 2017''.
SEC. 2. PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY
PRESENTATIONS AND APPLICATIONS.
(a) In General.--Subtitle D of the Health Information Technology
for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is
amended by adding at the end the following:
``PART 3--HEALTH CARE CLEARINGHOUSES; DATA PROCESSING TO EMPOWER
PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM
``SEC. 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE.
``(a) Efforts To Promote Access to and Leveraging of Health
Information.--
``(1) In general.--The Secretary shall, through the
updating of existing policies and development of policies that
support dynamic technology solutions, promote patient access to
information related to their care, including real world
outcomes and economic data (including claims, eligibility, and
payment data), in a manner that would ensure that such
information is available in a form convenient for the patient,
in a reasonable manner, and without burdening the health care
provider involved.
``(2) Requirement.--Activities carried out under paragraph
(1) shall include the development of policies to enable covered
entities with access to health information to--
``(A) provide patient access to information related
to their care, including real world outcomes and
economic data;
``(B) develop, in accordance with HIPAA-related
provisions (as defined in subsection (j)), patient
engagement tools, reports, analyses, and presentations
based on population health, epidemiological, and health
services outcomes data, that may demonstrate a fiscal
or treatment benefit to patients and health plan
enrollees; and
``(C) promote transparency regarding the use and
disclosure of health information by health care
clearinghouses in accordance with the notice provisions
of subsection (e).
``(b) Treatment as Covered Entity for Specified Functions.--
``(1) In general.--With respect to the use and disclosure
of protected health information, the Secretary shall--
``(A) not consider health care clearinghouses that
engage in the functions described in paragraph (3) to
be business associates, including subcontractor
business associates, under HIPAA-related provisions (as
defined in subsection (j)(3)) regardless of the role of
such clearinghouses in collecting or receiving the
information; and
``(B) consider such clearinghouses to be covered
entities under such provisions of law for all purposes.
Such clearinghouses shall not be considered business
associates, or subcontractor business associates, for
translation of data into and out of standard format, analytic,
cloud computing, or any other purpose.
``(2) Data accuracy and security requirement.--In order to
use health data as authorized by this section, a clearinghouse
or other covered entity engaging in activities authorized under
this section shall be certified to have the necessary expertise
and technical infrastructure to ensure the accuracy and
security of such claims, eligibility, and payment data through
receipt of an accreditation by the Electronic Healthcare
Network Accreditation Commission, or by an equivalent
accreditation program determined appropriate by the Secretary.
``(3) Enhancing treatment, quality improvement, research,
public health efforts and other functions.--
``(A) Equivalent authority to other covered
entities.--Subject to paragraph (2), a health care
clearinghouse shall--
``(i) in addition to carrying out claims
processing functions, be permitted to use and
disclose protected health information without
obtaining individual authorization to the same
extent as other covered entities, including for
purposes of treatment, payment, health care
operations as permitted by section 164.506 of
title 45, Code of Federal Regulations,
research, and public health as permitted by
section 164.512 of title 45, Code of Federal
Regulations, and creating de-identified
information as permitted by section 164.502(d)
of title 45, Code of Federal Regulations; and
``(ii) use or disclose protected health
information as required by section
164.502(a)(2) of title 45, Code of Federal
Regulations.
``(B) Additional authority.--
``(i) A health care clearinghouse shall be
permitted to provide an individual or the
personal representative of such individual
access to the protected health information of
such individual as described in subsection (d).
``(ii) All covered entities, including a
health care clearinghouse, shall, subject to
subsection (c)(2), be permitted to--
``(I) on behalf of covered
entities, use and disclose protected
health information for health care
operations purposes (as defined by
section 164.501 of title 45, Code of
Federal Regulations) without respect to
whether the recipient of the
information has or had a relationship
with the individual;
``(II) upon the request of a
covered entity, benchmark (as defined
by the Secretary pursuant to
rulemaking) the operations of such
covered entity against the operations
of one or more other covered entities
that have elected to participate in
such benchmarking; and
``(III) use and disclose protected
health information to facilitate
clinical trial recruitment, except that
in the case the covered entity provides
a consumer-facing portal or website
that informs individuals of clinical
trials conducted by the covered entity,
the covered entity shall secure opt-in
consent from the individual, or the
individual's personal representative,
prior to contacting an individual
regarding such clinical trials unless
such covered entity already has a
relationship with the individual.
``(C) Clarification.--Nothing in this paragraph
shall expand the authority of a health care
clearinghouse or any other covered entity to use or
disclose protected health information for marketing
purposes under sections 164.501 and 164.508(a)(3) of
title 45, Code of Federal Regulations.
``(c) Authorities Relating to Data Processing.--
``(1) In general.--In carrying out HIPAA-related
provisions, the Secretary shall permit a health care
clearinghouse to aggregate protected health information, within
the clearinghouse and among other clearinghouses, that the
clearinghouse possesses in order to carry out the functions
described in subsection (b)(3). Subject to section
164.502(a)(5)(i) of title 45, Code of Federal Regulations, a
health care clearinghouse may carry out the functions described
in subsection (b)(3) without obtaining individual authorization
under section 164.508 of title 45, Code of Federal Regulations.
``(2) Privacy.--For purposes of clauses (ii) through (iv)
of subsection (b)(3)(B), with respect to any report, analysis,
or presentation provided by the covered entity to a third
party, such report, analysis, or presentation--
``(A) shall include only de-identified data; or
``(B) shall include, subject to a qualifying data
use agreement (as defined in subsection (j)), protected
health information.
``(3) Clarification; fee permitted.--
``(A) In general.--Nothing in this paragraph shall
be construed as affecting an individual's right to
access claims and payment records in HIPAA standard
format, in accordance with section 164.524 of title 45,
Code of Federal Regulations.
``(B) Fee permitted.--If an individual or a
personal representative of the individual requests a
copy of records in HIPAA standard format a health care
clearinghouse may charge a reasonable, cost-based fee
so far as such fee is in accordance with section
164.524(c)(4) of title 45, Code of Federal Regulations.
``(d) Comprehensive Records at the Request of an Individual.--
``(1) In general.--When a health care clearinghouse
receives a written request from an individual or the personal
representative of the individual for the protected health
information of the individual, the clearinghouse shall provide
to the individual a comprehensive record of such information
(across health care providers and health plans and longitudinal
in scope), unless the clearinghouse determines in its sole
discretion that providing a comprehensive record is not
technologically feasible.
``(2) Purchase from other clearinghouses.--In preparing a
comprehensive record for an individual under paragraph (1), a
health care clearinghouse may, with the permission of the
individual, purchase the protected health information of the
individual from one or more other health clearinghouses (and
the amount of such purchase may be included in a fee that is
fair market value, as defined in subsection (j)(2), charged to
the individual.
``(e) Situations Not Involving Direct Interaction With
Individuals.--Sections 164.400 through 164.414 (relating to breach
notification) and sections 164.520 through 164.528 (relating to
individual rights) of title 45, Code of Federal Regulations, shall
apply to a health care clearinghouse that engages in the functions
described in subsection (b)(3) to the extent that such clearinghouse
has current contact information pursuant to direct interaction with the
individual involved. If the clearinghouse does not have direct
interaction with the individual involved, the clearinghouse shall
provide notice of any breach of unsecured protected health information
to the covered entity that does have direct interaction with the
individual involved. The clearinghouse shall not be required to report
a breach if the protected health information is rendered unusable,
unreadable, or indecipherable to unauthorized persons through the use
of a technology or methodology specified by the Secretary in the
guidance issued under section 13402(h)(2). The clearinghouse shall also
provide a notice of privacy practices on its website.
``(f) Transition.--
``(1) In general.--Except where specifically stated,
nothing in this section shall be construed to apply to
clearinghouses to the exclusion of other covered entities or to
provide a health care clearinghouse greater authority to use
and disclose protected health information than that provided to
another covered entity.
``(2) Existing agreements.--With respect to agreements
entered into by a health care clearinghouse prior to the date
of enactment of this section, a provision of such an agreement
that conflicts with this section shall not have any legal force
or effect. The preceding sentence may not be construed as
affecting any provision of an agreement that does not conflict
with this section.
``(g) Safe Harbor and Clarification of Liability.--In the case of a
health care clearinghouse that engages in a function described in
subsection (b), only that clearinghouse may be held liable for a
violation of a HIPAA-related provision (and a covered entity that
provided data or data access to the clearinghouse shall not be liable
for such violations).
``(h) Enforcement.--Section 13410(a)(2) shall apply to this section
in the same manner as such section applies to parts 1 and 2.
``(i) Relation to Other Laws.--
``(1) Application of hitech rule.--Section 13421 shall
apply to this section in the same manner as such section
applies to parts 1 and 2, except to the extent that such
section 13421 concerns section 1178(a)(2)(B) of the Social
Security Act.
``(2) State laws regarding unfair or deceptive acts or
practices.--This part shall not be construed to preempt the law
of any State that prohibits unfair or deceptive acts or
practices or limit the authority of State attorneys general to
enforce such laws.
``(j) Definitions.--In this part:
``(1) De-identified.--The term `de-identified', with
respect to health information, means such information that is
not individually identifiable as determined in accordance with
the standards under section 164.514(b) of title 45, Code of
Federal Regulations.
``(2) Fair market value.--The term `fair market value'
means the price that a person reasonably knowledgeable and
interested in buying a given product or service would pay to a
person reasonably knowledgeable and interested in selling the
product or service.
``(3) Health care clearinghouse.--The term `health care
clearinghouse' has the meaning given such term in section 1171
of the Social Security Act.
``(4) HIPAA-related provision.--The term `HIPAA-related
provision' means the provisions of each of the following:
``(A) This subtitle.
``(B) Part C of title XI of the Social Security
Act.
``(C) Regulations promulgated pursuant to sections
262(a) and 264(c) of the Health Insurance Portability
and Accountability Act of 1996 or this subtitle.
``(5) Individual.--The term `individual', with respect to
protected health information, has the meaning applicable under
section 160.103 of title 45, Code of Federal Regulations.
``(6) Qualifying data use agreement.--The term `qualifying
data use agreement' means an agreement, which may be
electronic, that--
``(A) establishes the permitted uses and
disclosures of protected health information by the
recipient;
``(B) limits such uses and disclosures to the
original purpose of disclosure under subsection
(b)(3)(B); and
``(C) provides that the data recipient will--
``(i) not use or further disclose the
information other than as permitted by the
qualifying data use agreement or as otherwise
required by law;
``(ii) use appropriate safeguards to
prevent use or disclosure of the information
other than as provided for by the qualifying
data use agreement; and
``(iii) ensure that any agents to whom it
provides the data agree to the same
restrictions and conditions that apply to the
data recipient with respect to such
information.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations to carry out the amendment made by subsection
(a).
(c) Conforming Amendment.--Section 1171(2) of the Social Security
Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the
following: ``or receives a standard transaction from another entity and
processes or facilitates the processing of health information into
nonstandard format or nonstandard data content for the receiving
entity. Such term also includes an entity that carries out such
processing functions, transmits standard health care claims, transmits
health care claim payments or provides advice on such, and transmits
any standard transactions on behalf of a HIPAA-covered entity and in
addition, engages in any authority of such entity described in
subsection (b)(3) of section 13451 of the Health Information Technology
for Economic and Clinical Health Act''. | Ensuring Patient Access to Healthcare Records Act of 2017 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health-care clearinghouses, plans, and providers to: (1) provide patients with access to information related to their care; (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to patients and health-plan enrollees; and (3) promote transparency regarding the use and disclosure of health information by health-care clearinghouses. | {"src": "billsum_train", "title": "Ensuring Patient Access to Healthcare Records Act of 2017"} | 3,261 | 122 | 0.585829 | 1.523321 | 0.643942 | 3.754545 | 26.909091 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Community Learning
Centers Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than 28,000,000 children in the United States have
parents who work outside the home and 14,300,000 children in
the United States are unsupervised after the school day ends.
(2) 6,500,000 children are in after school programs but an
additional 15,300,000 would participate if such a program were
available.
(3) After school programs inspire learning. In academic
year 2003-2004, 45 percent of all 21st Century Community
Learning Centers program participants had improved their
reading grades, and 41 percent improved their mathematics
grades.
(4) In academic year 2003-2004 teachers reported that a
majority of students who participated in 21st Century Community
Learning Centers programs demonstrated improved student
behavior, particularly in the areas of academic performance,
homework completion, and class participation.
(5) A growing body of research also suggests that children
who participate in after school programs attend school more
regularly, are more likely to stay in school, and are better
prepared for college and careers.
(6) Benefits of after school programs extend beyond the
classroom. Communities with after school programs have reported
reduced vandalism and juvenile crime.
(7) After school programs help working families. One study
estimates that decreased worker productivity due to stress and
absenteeism caused by issues related to after school care
arrangements costs employers $496 to $1,984 per employee, per
year, depending on the annual salary of the employee. The total
cost to the business industry is estimated to be between
$50,000,000,000 and $300,000,000,000 annually in lost job
productivity.
(8) While students in the United States are falling behind
in science, technology, engineering, and mathematics (STEM),
more than 90 percent of after school programs funded by 21st
Century Community Learning Centers offer STEM activities,
providing more time for children and youth to gain skills and
build interest in the STEM fields. Evaluations of after school
programs offering STEM activities to students have found
increases in the reading, writing, and science skills
proficiency of these students. Children who participate in such
programs show more interest in science careers, and are more
likely to have engaged in science activities just for fun.
(9) Data from 73 after school studies indicate that after
school programs employing evidence-based approaches to
improving students' personal and social skills were
consistently successful in producing multiple benefits for
students, including improvements in students' personal, social,
and academic skills, as well as students' self-esteem.
(10) Teens who do not participate in after school programs
are nearly 3 times more likely to skip classes than teens who
do participate. The teens who do not participate are also 3
times more likely to use marijuana or other drugs, and are more
likely to drink alcohol, smoke cigarettes, and engage in sexual
activity. In general, self care and boredom can increase the
likelihood that a young person will experiment with drugs and
alcohol by as much as 50 percent.
(11) A 2006 study predicts that by the year 2010 more than
46 percent of school-age children in the Americas will be
overweight and 1 in 7 such children will be obese. A study of
after school program participants in 3 elementary schools found
that after school participants were significantly less likely
to be obese at the 3-year follow-up physical exam and were more
likely to have increased acceptance among their peers. After
school programs provide children and youth with opportunities
to engage in sports and other fitness activities.
(12) After school programs have been identified as
effective venues for improving nutrition, nutrition education,
and physical activity at a time when just 20 percent of youth
in grades 9 through 12 consume the recommended daily servings
of fruits and vegetables.
(13) After school programs also provide children and youth
with opportunities for service learning, a teaching and
learning approach that integrates student-designed service
projects that address community needs with academic studies.
With structured time to reflect on their service experience,
these projects can strengthen student engagement, enhance
students' academic achievement, lower school drop out and
suspension rates, and help develop important workforce skills
that employers are looking for, including leadership skills,
critical thinking, teamwork, and oral and written
communication.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301).
SEC. 4. 21ST CENTURY COMMUNITY LEARNING CENTERS.
(a) Purpose.--Section 4201 (20 U.S.C. 7171) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``service learning and nutrition
education,'' after ``youth development activities,'';
and
(B) by striking ``recreation programs'' and
inserting ``physical fitness and wellness programs'';
and
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(b) Allotments to States.--Section 4202 (20 U.S.C. 7172) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(2) in subsection (c)(3)--
(A) in the matter preceding subparagraph (A), by
striking ``3 percent'' and inserting ``5 percent''; and
(B) by adding at the end the following:
``(E) Supporting State-level efforts and
infrastructure to ensure the quality and availability
of after school programs.''.
(c) Award Duration.--Section 4204(g) (20 U.S.C. 7174(g)) is amended
by striking the period and inserting ``, and are renewable for a period
of not less than 3 years and not more than 5 years based on grant
performance.''.
(d) Authorization of Appropriations.--Section 4206 (20 U.S.C. 7176)
is amended to read as follows:
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years.''. | 21st Century Community Learning Centers Act of 2007 - Amends the 21st Century Community Learning Centers program under title IV of the Elementary and Secondary Education Act of 1965 to include the provision of service learning and nutrition education and, in place of recreation programs, physical fitness and wellness programs, among the activities for which community learning centers will receive funding.
Raises from 3% to 5% the percentage of program funds a state may use for monitoring, evaluating, and providing training and technical assistance to community learning center grantees.
Makes community learning center grants renewable for a period of between three and five years. | {"src": "billsum_train", "title": "A bill to amend part B of title IV of the Elementary and Secondary Education Act of 1965 to improve 21st Century Community Learning Centers."} | 1,413 | 132 | 0.388039 | 1.172646 | 0.552316 | 2.034483 | 11.905172 | 0.793103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Africa Famine Relief Act of 2003''.
TITLE I--EMERGENCY FOOD AID TO SUB-SAHARAN AFRICA
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The National Security Strategy of the United States,
dated September 17, 2002, concludes that ``[i]n Africa, promise
and opportunity sit side-by-side with disease, war, and
desperate poverty. This threatens both a core value of the
United States preserving human dignity and our strategic
priority combating global terror. American interests and
American principles, therefore, lead in the same direction: we
will work with others for an African continent that lives in
liberty, peace, and growing prosperity.''.
(2) On March 19, 2002, the Director of the Central
Intelligence Agency testified that ``[t]he chronic problems of
sub-Saharan Africa make it, too, fertile ground for direct and
indirect threats to United States interests. Governments
without accountability and natural disasters have left Africa
with the highest concentration of human misery in the world''.
(3) The United Nations World Food Programme reports that
there is an unprecedented hunger crisis on the African
continent where approximately 38,000,000 people face
starvation.
(4) The scale of the humanitarian crisis in sub-Saharan
Africa has grown dramatically and there has been an average
increase of 30 percent in commodity prices since the President
submitted a budget request for food aid and other humanitarian
assistance for fiscal year 2003.
(5) A trip report prepared by a congressional delegation
that traveled to Ethiopia and Eritrea from December 29, 2002 to
January 4, 2003 stated that ``the U.S. Government will need to
do more to avert a disaster of biblical proportions . . .
Donors, including the United States, must make prompt and
significant food-aid pledges to help Ethiopia overcome its
current crisis.''.
(6) At a United Nations Security Council meeting on March
12, 2002, concerning the food crisis in Africa, the United
States representative stated that adequate levels of assistance
must be provided immediately to avert disaster in sub-Saharan
Africa.
(7) On December 6, 2002, the United States Agency for
International Development reported that ``[a] number of
Southern African countries are currently experiencing food
security crises, due to a combination of adverse climate
conditions for two consecutive growing seasons, mismanagement
of grain reserves, and restrictive government policies that
severely inhibit private sector commerce''.
(8) The United Nations Children's Fund (UNICEF) reports
that the HIV/AIDS pandemic in Africa, affecting 29,400,000
people, has exacerbated the humanitarian crisis by reducing
agricultural productivity and food security, undercutting
people's ability to recover and contributing to long-term
poverty.
(9) The HIV/AIDS crisis in sub-Saharan Africa, which
strikes at working adults involved in agricultural production,
is a major component of this crisis.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) effectively addressing the famine in sub-Saharan Africa
is in the national security interests of the United States;
(2) the President should immediately submit a request for
emergency supplemental appropriations to Congress for food aid
and other humanitarian assistance to reach vulnerable
populations living in poverty in sub-Saharan Africa;
(3) the President should immediately consult with the
chairmen and ranking members of the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Appropriations, and
the Committee on Foreign Relations of the Senate and the
Committee on Agriculture, the Committee on Appropriations, and
the Committee on International Relations of the House of
Representatives to formulate a legislative strategy to address
the immediate and long-term needs caused by the humanitarian
crisis in sub-Saharan Africa; and
(4) the United States should engage in direct talks with
members of the European Union and other appropriate nations to
increase the amount of contributions from other nations to sub-
Saharan Africa.
SEC. 103. EMERGENCY FOOD AID.
(a) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
for such purposes, there is authorized to be appropriated
$600,000,000 for purposes of the emergency assistance program
under title II of the Agricultural Trade Development and
Assistance Act of 1954.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(b) Uses of Assistance.--Amounts appropriated pursuant to
subsection (a) shall be used to provide humanitarian assistance for
sub-Saharan Africa.
(c) Emergency Designation.--The entire amount authorized to be
appropriated under subsection (a) is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 104. STRATEGY ON FOOD AID, HUMANITARIAN NEEDS, AND NATIONAL
SECURITY IN SUB-SAHARAN AFRICA.
Not later than 60 days after the date of enactment of this Act, the
President shall submit to the Committee on Appropriations, the
Committee on Agriculture, Nutrition, and Forestry, and the Committee on
Foreign Relations of the Senate and the Committee on Appropriations,
the Committee on Agriculture, and the Committee on International
Relations of the House of Representatives a report setting forth--
(1) a strategy for meeting the immediate humanitarian needs
in sub-Saharan Africa;
(2) an assessment of how a failure to meet these needs
would impact United States national security interests in the
region;
(3) a description of how additional food aid will be
provided in coordination with other forms of assistance,
particularly agricultural development, food aid for development
purposes, and HIV/AIDS programs;
(4) a description of how additional food aid and other
forms of assistance will be provided in consultation and
coordination with nongovernmental organizations;
(5) the number of people at risk of immediate starvation in
sub-Saharan Africa, the number of metric tons of food needed to
prevent widespread starvation in the region and address
deteriorating malnutrition rates, and the minimum costs of
buying and delivering the aforementioned commodities; and
(6) the amount of funds committed by the United States and
other donors for the purchase of food in fiscal years 2002,
2003, and 2004 to meet emergency needs in sub-Saharan Africa,
and the anticipated shortfall in funding, if any.
SEC. 105. COORDINATION OF FOOD AID AND OTHER HUMANITARIAN ASSISTANCE.
(a) In General.--The President in consultation with the Secretary
of Agriculture, the Secretary of State, and the Administrator of the
United States Agency for International Development, is strongly urged
to establish a task force responsible for--
(1) designing a comprehensive strategy to deal with the
immediate needs of the humanitarian crisis in sub-Saharan
Africa and addressing the long-term causes of food insecurity
in the region, including corruption within certain governments
of sub-Saharan Africa;
(2) ensuring program and policy coordination among agencies
of the United States Government, other nations, international
organizations, and non-governmental organizations in carrying
out the policies set forth in this Act;
(3) ensuring that the distribution of humanitarian
assistance provided in response to the current crisis is not
manipulated or politicized within the recipient countries; and
(4) maintaining proper management, implementation, and
oversight by agencies responsible for executing programs
authorized in this Act.
(b) Consultation.--In establishing the task force, the President
should consult with the Majority and Minority Leaders of the Senate,
the Speaker and Minority Leader of the House of Representatives, and
the chairmen and ranking members of the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Foreign Relations of the
Senate and the Committee on Agriculture and the Committee on
International Relations of the House of Representatives.
(c) Date.--The task force called for in subsection (a) should be
established not later than 60 days after the enactment of this Act.
SEC. 106. INCREASING FOOD AID CONTRIBUTIONS AND OTHER HUMANITARIAN
ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
The President shall instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations, the World Food Programme, international financial
institutions, and other appropriate international organizations to use
the voice and vote of the United States to support additional food aid
and other humanitarian assistance for sub-Saharan
Africa.
TITLE II--OTHER EMERGENCY ASSISTANCE
SEC. 201 INTERNATIONAL DISASTER ASSISTANCE.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President $200,000,000 for fiscal year 2003, for purposes
of section 491 of the Foreign Assistance Act of 1961, for
relief, rehabilitation, and reconstruction assistance for sub-
Saharan Africa.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are in addition to amounts otherwise available
for such purposes and are authorized to remain available until
expended.
(b) Emergency Designation.--The entire amount authorized under
subsection (a) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 202. EMERGENCY HIV/AIDS FAMILY SURVIVAL PARTNERSHIPS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $100,000,000
to carry out subsections (b) and (c) in sub-Saharan Africa.
(b) Grants.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
and in consultation with the Administrator of the United States Agency
for International Development, is authorized to award grants to
eligible administrative organizations to award subgrants to
nongovernmental organizations to expand activities to prevent the
mother-to-child transmission of HIV by providing treatment, medical
care, and support services to HIV infected parents and their children.
(c) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(d) Emergency Designation.--The entire amount authorized to be
appropriated under subsection (a) is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE III--OTHER PROVISIONS
SEC. 301. DEFINITION.
In this Act, the term ``sub-Saharan Africa'' has the meaning given
the term in section 107 of the African Growth and Opportunity Act (19
U.S.C. 3706). | Africa Famine Relief Act of 2003 - Authorizes emergency appropriations to the emergency assistance program under title II of the Agricultural Trade Development and Assistance Act of 1954 to provide humanitarian assistance for sub-Saharan Africa.Urges the President to establish a task force responsible for designing a comprehensive strategy to deal with the immediate needs of the humanitarian crisis in sub-Saharan Africa and addressing the long-term causes of food insecurity in the region, including corruption within certain governments of sub-Saharan Africa. Directs the President to instruct the U.S. permanent representative to the United Nations, the World Food Programme, international organizations, and other appropriate international organizations to use the U.S. vote to support additional food aid and other humanitarian assistance for sub-Saharan Africa.Authorizes emergency appropriations for: (1) international disaster assistance for relief, rehabilitation, and reconstruction assistance for sub-Saharan Africa; and (2) the award of grants to eligible administrative organizations to award subgrants to nongovernmental organizations to expand activities to prevent the mother-to-child transmission of HIV by providing treatment, medical care, and support services to HIV-infected parents and their children. | {"src": "billsum_train", "title": "A bill to authorize emergency supplemental assistance to combat the growing humanitarian crisis in sub-Saharan Africa."} | 2,397 | 258 | 0.514663 | 1.605826 | 0.721621 | 6.413953 | 9.995349 | 0.981395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Law Judge Conference
of the United States Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in order to promote efficiency, productivity, and the
improvement of administrative functions, to enhance public
service and public trust in the administrative resolution of
disputes, and to enhance the enforcement of the administrative
law provisions of title 5, United States Code, the
Administrative Law Judge Conference of the United States should
be established;
(2) the existing system of agency assignments of
administrative law judges appointed under section 3015 of title
5, United States Code, will be enhanced, by creating the
Administrative Law Judge Conference of the United States and
will serve the public with maximum economy and efficiency; and
(3) the Administrative Law Judge Conference of the United
States will enhance judicial performance, status, and legal
training of administrative law judges by establishing initial
and continuing education programs, studying the adjudication
system, and reporting annually to Congress.
SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE
UNITED STATES.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by adding at the end thereof the following new subchapter:
``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED
STATES
``Sec. 597. Definitions
``For the purposes of this subchapter--
``(1) the term `agency' means an authority referred to in
section 551(l);
``(2) the term `Conference' means the Administrative Law
Judge Conference of the United States established under section
598;
``(3) the term `administrative law judge' means an
administrative law judge appointed under section 3105 before or
after the effective date of this subchapter; and
``(4) the term `chief judge' means the chief administrative
law judge appointed and serving under section 599.
``Sec. 598. Establishment; membership
``There is established the Administrative Law Judge Conference of
the United States consisting of all administrative law judges appointed
under section 599A.
``Sec. 599. Chief administrative law judge
``(a) Appointment; Term; Pay.--The chief administrative law judge
shall be the chief administrative officer and presiding judge of the
Conference. The chief judge shall be appointed by the President, by and
with the advice and consent of the Senate. The chief judge shall have
served as an administrative law judge for at least 5 years immediately
before the date of appointment. The term of office of the chief judge
shall be 5 years or, after expiration of 5 years, until a successor is
appointed and qualifies to serve. A chief judge may be reappointed by
the President, by and with the advice and consent of the Senate, for 1
additional term upon the expiration of the first term of such judge.
The chief judge shall be paid at the rate of 105 percent of basic pay
for level IV of the Executive Schedule.
``(b) Powers of the Chief Judge.--The chief judge shall--
``(1) enhance and develop the administrative law process
and the administrative law judge function;
``(2) develop training programs, in coordination with the
agencies, to promote judicial education, specialization, and
efficiency of administrative law judges;
``(3) consult with agencies and the Office of Management
and Budget regarding resources necessary to support
administrative law judge functions;
``(4) study instances when administrative law judges are
directed by an agency not to follow decisions of Federal
circuit courts of appeal because of nonacquiescence by the
agency for which the judge presides and report the findings to
the President and the Congress; and
``(5) make rules and procedures to implement the functions
of the Conference. The chief judge shall make an annual written
report to the President and the Congress including
recommendations to improve the administrative adjudicative
process.
``(d) Transfer.--All functions of the Office of Personnel
Management with respect to administrative law judges are transferred to
the Conference.
``Sec. 599A. Administrative law judge
``(a) Assignment to Agencies.--After selection for appointment to
the position of administrative law judge by an agency, the
administrative law judge shall be assigned by the chief judge to such
agency for the adjudication of cases for the agency. Each
administrative law judge appointed at the time of the date of enactment
of this section shall be assigned to the agency the administrative law
judge was assigned to at the time of the date of enactment of this
section. Subsequent assignments of the administrative law judge shall
be made with the consent of the administrative law judge and the
appointing agency.
``(b) Agencies.--Each agency with assigned administrative law
judges shall be responsible to provide for all budget, resources and
support requirements for each administrative law judge assigned to the
agency.
``(c) Appointment of Agency Chief Judges.--The chief administrative
law judge of each agency shall be appointed by the agency head.
``Sec. 599B. Jurisdiction
``(a) Referral of Cases by Courts.--With the approval of the agency
to whom the administrative law judge is assigned, courts are authorized
to refer cases, or portions thereof, to an administrative law judge to
act as a special master pursuant to the provisions of Rule 53(a) of the
Federal Rules of Civil Procedure or otherwise to make findings of fact
in a case on behalf of the referring court, which shall continue to
have exclusive and undiminished jurisdiction over the case. When a
court has referred a case to an administrative law judge, the
recommendations, rulings, and findings of fact of the administrative
law judge are subject to de novo review by the referring court. The
court shall provide for reimbursement to the agency involved for costs
relating to the administrative law judge referral.
``(b) Savings Clause.--The provisions of this subchapter shall
effect no change in--
``(1) any agency's rulemaking, interpretative, or policy
making authority in carrying out the statutory responsibilities
vested in the agency or agency head;
``(2) the adjudicatory authority of administrative law
judges; or
``(3) the authority of an agency to review decisions of
administrative law judges under any applicable provision of
law.
``Sec. 599C. Standards of conduct
``The chief judge, after providing notice and a period for comment,
shall adopt and issue rules of judicial conduct for administrative law
judges, consistent with the Model Code of Judicial Conduct for
administrative law judges (American Bar Association, 1989). An
administrative law judge may not be removed, suspended, reprimanded, or
disciplined except as provided in section 7521. The rules of judicial
conduct for administrative law judges shall provide for a voluntary
alternative dispute resolution process that shall be conducted at the
request of the administrative law judge.''.
(b) Satisfaction of Other Procedural Requirements.--Compliance with
subchapter VI of chapter 5 of title 5, United States Code, as added by
subsection (a), shall satisfy all requirements imposed under section
916 of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for fiscal year 2000 for the Administrative Law
Judge Conference of the United States.
(d) Clerical Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding at the end thereof
the following:
``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED
STATES
``597. Definitions.
``598. Establishment; membership.
``599. Chief administrative law judge.
``599A. Administrative law judges.
``599B. Jurisdiction.
``599C. Standards of conduct.''.
SEC. 4. TRANSITION PROVISIONS.
(a) Transfers.--There shall be transferred to the Administrative
Law Judge Conference of the United States established under section 598
of title 5, United States Code, the personnel, property, unexpended
balances of appropriations, allocations, and other funds employed and
held by the Office of Personnel Management and relating to the
administrative law function administered by the Office of Personnel
Management. Appropriations, authorizations, allocations, and other
funds paid or transferred by agencies to the Office of Personnel
Management for the administration of the administrative law judge
function shall, after the date of the enactment of this Act, be paid or
transferred to the Conference.
(b) Collective Bargaining Agreements.--Collective bargaining
agreements, relating to personnel transferred by subsection (a), shall
remain in effect according to the terms thereof.
(c) Disputes.--The Director of the Office of Management and Budget,
at such time or times as the Director may provide, shall make such
determinations as may be necessary with regard to any dispute arising
from the transfer of personnel or assets by subsection (a).
SEC. 5. OPERATION OF THE CONFERENCE.
Operation of the Administrative Law Judge Conference of the United
States established under section 598 of title 5, United States Code,
shall commence on the date the first chief judge of the Conference
takes office under section 599 of such title.
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect 120 days after the date of the enactment of
this Act. | Transfers to the Conference all administrative law judge functions of the Office of Personnel Management.
Provides for the assignment of administrative law judges to appropriate Federal agencies.
Requires the chief judge to adopt and issue rules of judicial conduct for administrative law judges.
Authorizes appropriations. | {"src": "billsum_train", "title": "Administrative Law Judge Conference of the United States Act"} | 2,103 | 61 | 0.577797 | 1.37135 | 0.498529 | 3.980769 | 37.230769 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Antibiotics for
Medical Treatment Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In January 2001, a Federal interagency task force--
(A) released an action plan to address the
continuing decline in effectiveness of antibiotics
against common bacterial infections, referred to as
antibiotic resistance;
(B) determined that antibiotic resistance is a
growing menace to all people and poses a serious threat
to public health; and
(C) cautioned that if current trends continue,
treatments for common infections will become
increasingly limited and expensive, and, in some cases,
nonexistent.
(2) Antibiotic resistance, resulting in a reduced number of
effective antibiotics, may significantly impair the ability of
the United States to respond to terrorist attacks involving
bacterial infections or a large influx of hospitalized
patients.
(3)(A) Any overuse or misuse of antibiotics contributes to
the spread of antibiotic resistance, whether in human medicine
or in agriculture.
(B) Recognizing the public health threat caused by
antibiotic resistance, Congress took several steps to curb
antibiotic overuse in human medicine through amendments to the
Public Health Service Act (42 U.S.C. 201 et seq.) made by
section 102 of the Public Health Threats and Emergencies Act
(Public Law 106-505, title I; 114 Stat. 2315), but has not yet
addressed antibiotic overuse in agriculture.
(4) In a March 2003 report, the National Academy of
Sciences stated that--
(A) a decrease in antimicrobial use in human
medicine alone will have little effect on the current
situation; and
(B) substantial efforts must be made to decrease
inappropriate overuse in animals and agriculture.
(5) In 2010, the FDA determined that--
(A) 13.1 million kilograms of antibacterial drugs
were sold for use on food animals in the United States
in 2009;
(B) 3.3 million kilograms of antibacterial drugs
were used for human health in 2009; and
(C) therefore, 80 percent of antibacterial drugs
disseminated in the United States in 2009 were sold for
use on food animals, rather than being used for human
health.
(6)(A) Large-scale, voluntary surveys by the Department of
Agriculture's Animal and Plant Health Inspection Service in
1999, 2001, and 2006 revealed that--
(i) 84 percent of grower-finisher swine farms, 83
percent of cattle feedlots, and 84 percent of sheep
farms administer antimicrobials in the feed or water
for health or growth promotion reasons; and
(ii) many of the antimicrobials identified are
identical or closely related to drugs used in human
medicine, including tetracyclines, macrolides,
Bacitracin, penicillins, and sulfonamides; and
(B) these drugs are used in people to treat serious
diseases such as pneumonia, scarlet fever, rheumatic fever,
venereal disease, skin infections, and even pandemics like
malaria and plague, as well as bioterrorism agents like
smallpox and anthrax.
(7) Many scientific studies confirm that the nontherapeutic
use of antibiotics in agricultural animals contributes to the
development of antibiotic-resistant bacterial infections in
people.
(8) The periodical entitled ``Clinical Infectious
Diseases'' published a report in June 2002, that--
(A) was based on a 2-year review by experts in
human and veterinary medicine, public health,
microbiology, biostatistics, and risk analysis, of more
than 500 scientific studies on the human health impacts
of antimicrobial use in agriculture; and
(B) recommended that antimicrobial agents should no
longer be used in agriculture in the absence of
disease, but should be limited to therapy for diseased
individual animals and prophylaxis when disease is
documented in a herd or flock.
(9) The United States Geological Survey reported in March
2002 that--
(A) antibiotics were present in 48 percent of the
streams tested nationwide; and
(B) almost half of the tested streams were
downstream from agricultural operations.
(10) An April 1999 study by the General Accounting Office
concluded that resistant strains of 3 microorganisms that cause
food-borne illness or disease in humans (Salmonella,
Campylobacter, and E. coli) are linked to the use of
antibiotics in animals.
(11) Epidemiological research has shown that resistant
Salmonella and Campylobacter infections are associated with
increased numbers of ill patients and bloodstream infections,
and increased death.
(12) In 2010, the peer-reviewed journal Molecular Cell
published a study demonstrating that low-dosage use of
antibiotics causes a dramatic increase in genetic mutation,
raising new concerns about the agricultural practice of using
low-dosage antibiotics in order to stimulate growth promotion
and routinely prevent disease in unhealthy conditions.
(13)(A) In January 2003, Consumer Reports published test
results on poultry products bought in grocery stores nationwide
showing disturbingly high levels of Campylobacter and
Salmonella bacteria that were resistant to the antibiotics used
to treat food-borne illnesses.
(B) The Food and Drug Administration's National
Antimicrobial Resistance Monitoring System routinely finds that
retail meat products are contaminated with bacteria (including
the foodborne pathogens Campylobacter and Salmonella) that are
resistant to antibiotics important in human medicine.
(C) In December 2007, the USDA issued a fact sheet on the
recently recognized link between antimicrobial drug use in
animals and Methicillin Resistant Staphylococcus Aureas (MRSA)
infections in humans.
(14) In October 2001, the New England Journal of Medicine
published an editorial urging a ban on nontherapeutic use of
medically important antibiotics in animals.
(15)(A) In 1998, the National Academy of Sciences noted
that antibiotic-resistant bacteria generate a minimum of
$4,000,000,000 to $5,000,000,000 in costs to United States
society and individuals yearly.
(B) In 2009, Cook County Hospital and the Alliance for
Prudent Use of Antibiotics estimated that the total health care
cost of antibiotic resistant infections in the United States
was between $16,600,000,000 and $26,000,000,000 annually.
(16) The American Medical Association, the American Public
Health Association, the National Association of County and City
Health Officials, and the National Campaign for Sustainable
Agriculture are among the more than 300 organizations
representing health, consumer, agricultural, environmental,
humane, and other interests that have supported enactment of
legislation to phase out nontherapeutic use in farm animals of
medically important antibiotics.
(17) In 2010, the Danish Veterinary and Food Administration
testified that the Danish ban of the non-therapeutic use of
antibiotics in food animal production resulted in a marked
reduction in antimicrobial resistance in multiple bacterial
species, including Campylobacter and Enterococci.
(18) In 2009, the Congressional Research Service concluded
that restrictions overseas on the use of antimicrobial drugs in
the production of livestock could impact U.S. export markets
for livestock and poultry.
(19) The Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.)--
(A) requires that all drugs be shown to be safe
before the drugs are approved; and
(B) places the burden on manufacturers to account
for health consequences and prove safety.
(20)(A) The Food and Drug Administration recently modified
the drug approval process for antibiotics to recognize the
development of resistant bacteria as an important aspect of
safety, but most antibiotics currently used in animal
production systems for nontherapeutic purposes were approved
before the Food and Drug Administration began considering
resistance during the drug-approval process.
(B) The Food and Drug Administration has not established a
schedule for reviewing those existing approvals.
(21) Certain non-routine uses of antibiotics in animal
agriculture are legitimate to prevent animal disease.
(22) An April 2004 study by the General Accounting Office--
(A) concluded that Federal agencies do not collect
the critical data on antibiotic use in animals that
they need to support research on human health risks;
and
(B) recommends that the Department of Agriculture
and the Department of Health and Human Services develop
and implement a plan to collect data on antibiotic use
in animals.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve the effectiveness of
medically important antibiotics used in the treatment of human and
animal diseases by reviewing the safety of certain antibiotics for
nontherapeutic purposes in food-producing animals.
SEC. 4. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss) Critical Antimicrobial Animal Drug.--The term `critical
antimicrobial animal drug' means a drug that--
``(1) is intended for use in food-producing animals; and
``(2) is composed wholly or partly of--
``(A) any kind of penicillin, tetracycline,
macrolide, lincosamide, streptogramin, aminoglycoside,
or sulfonamide; or
``(B) any other drug or derivative of a drug that
is used in humans or intended for use in humans to
treat or prevent disease or infection caused by
microorganisms.
``(tt) Nontherapeutic Use.--The term `nontherapeutic use', with
respect to a critical antimicrobial animal drug, means any use of the
drug as a feed or water additive for an animal in the absence of any
clinical sign of disease in the animal for growth promotion, feed
efficiency, weight gain, routine disease prevention, or other routine
purpose.''.
(b) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) in subparagraph (I), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (I) the
following:
``(J) with respect to a critical antimicrobial
animal drug or a drug of the same chemical class as a
critical antimicrobial animal drug, the applicant has
failed to demonstrate that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use of the drug; or''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(c) Phased Elimination of Nontherapeutic Use in Animals of Critical
Antimicrobial Animal Drugs Important for Human Health.--Section 512 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by
adding at the end the following:
``(q) Phased Elimination of Nontherapeutic Use in Animals of
Critical Antimicrobial Animal Drugs Important for Human Health.--
``(1) Applicability.--This subsection applies to the
nontherapeutic use in a food-producing animal of a drug--
``(A)(i) that is a critical antimicrobial animal
drug; or
``(ii) that is of the same chemical class as a
critical antimicrobial animal drug; and
``(B)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for use.
``(2) Withdrawal.--The Secretary shall withdraw the
approval of a nontherapeutic use in food-producing animals
described in paragraph (1) on the date that is 2 years after
the date of enactment of this subsection unless--
``(A) before the date that is 2 years after the
date of the enactment of this subsection, the Secretary
makes a final written determination that the holder of
the approved application has demonstrated that there is
a reasonable certainty of no harm to human health due
to the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the drug conducted by the Secretary and other
relevant information, that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug.
``(3) Exemptions.--Except as provided in paragraph (5), if
the Secretary grants an exemption under section 505(i) for a
drug that is a critical antimicrobial animal drug, the
Secretary shall rescind each approval of a nontherapeutic use
in a food-producing animal of the critical antimicrobial animal
drug, or of a drug in the same chemical class as the critical
antimicrobial animal drug, as of the date that is 2 years after
the date on which the Secretary grants the exemption.
``(4) Approvals.--Except as provided in paragraph (5), if
an application for a drug that is a critical antimicrobial
animal drug is submitted to the Secretary under section 505(b),
the Secretary shall rescind each approval of a nontherapeutic
use in a food-producing animal of the critical antimicrobial
animal drug, or of a drug in the same chemical class as the
critical antimicrobial animal drug, as of the date that is 2
years after the date on which the application is submitted to
the Secretary.
``(5) Exception.--Paragraph (3) or (4), as the case may be,
shall not apply if--
``(A) before the date on which approval would be
rescinded under that paragraph, the Secretary makes a
final written determination that the holder of the
application for the approved nontherapeutic use has
demonstrated that there is a reasonable certainty of no
harm to human health due to the development of
antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use in the food-
producing animal of the critical antimicrobial animal
drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the critical antimicrobial animal drug conducted by
the Secretary and any other relevant information, that
there is a reasonable certainty of no harm to human
health due to the development of antimicrobial
resistance that is attributable in whole or in part to
the nontherapeutic use of the drug.''.
SEC. 5. COMMITTEE HEARINGS ON IMPLEMENTATION.
(a) In General.--The Committee on Energy and Commerce of the House
of Representatives and the Committee on Energy of the Senate shall each
hold a hearing on the implementation by the Commissioner of Food and
Drugs of section 512(q) of the Federal Food, Drug, and Cosmetic Act, as
added by section 4 of this Act.
(b) Exercise of Rulemaking Authority.--Subsection (a) is enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives and Senate, and, as such, they shall be
considered as part of the rules of the House or Senate (as the
case may be), and such rules shall supersede any other rule of
the House or Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to the
procedure in such House) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
House or Senate. | Preservation of Antibiotics for Medical Treatment Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms.
Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases."} | 3,561 | 216 | 0.472057 | 1.343823 | 0.631528 | 3.94186 | 18.662791 | 0.895349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring for Children Act''.
TITLE I--CHILD CARE TRAINING THROUGH DISTANCE LEARNING
SEC. 101. GRANTS FOR THE DEVELOPMENT OF A CHILD CARE TRAINING
INFRASTRUCTURE.
(a) Authority to Award Grants.--The Secretary of Health and Human
Services shall award grants to eligible entities to develop distance
learning child care training technology infrastructures and to develop
model technology-based training courses for child care providers and
child care workers, to be provided through distance learning programs
made available through the infrastructure. The Secretary shall, to the
maximum extent possible, ensure that such grants are awarded in those
regions of the United States with the fewest training opportunities for
child care providers.
(b) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), an entity shall--
(1) develop the technological and logistical aspects of the
infrastructure described in this section and have the
capability of implementing and maintaining the infrastructure;
(2) to the maximum extent possible, develop partnerships
with secondary schools, institutions of higher education, State
and local government agencies, and private child care
organizations for the purpose of sharing equipment, technical
assistance, and other technological resources, including--
(A) developing sites from which individuals may
access the training;
(B) converting standard child care training courses
to programs for distance learning; and
(C) promoting ongoing networking among program
participants; and
(3) develop a mechanism for participants to--
(A) evaluate the effectiveness of the
infrastructure, including the availability and
affordability of the infrastructure, and the training
offered through the infrastructure; and
(B) make recommendations for improvements to the
infrastructure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require, and that
includes--
(1) a description of the partnership organizations through
which the distance learning programs will be made available;
(2) the capacity of the infrastructure in terms of the
number and type of distance learning programs that will be made
available;
(3) the expected number of individuals to participate in
the distance learning programs; and
(4) such additional information as the Secretary may
require.
(d) Limitation on Fees.--No entity receiving a grant under this
section may collect fees from an individual for participation in a
distance learning program funded in whole or in part under this section
that exceed the pro rata share of the amount expended by the entity to
provide materials for the program and to develop, implement, and
maintain the infrastructure (minus the amount of the grant awarded
under this section).
(e) Rule of Construction.--Nothing in this section shall be
construed as requiring a child care provider to subscribe to or
complete a distance learning program made available under this section.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each of fiscal years 2006 through 2010.
TITLE II--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY CHILD
CARE
SEC. 201. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
program to award grants to States, on a competitive basis, to assist
States in providing funds to encourage the establishment and operation
of employer operated child care programs.
(b) Application.--To be eligible to receive a grant under this
section, a State shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including an assurance that
the funds required under subsection (e) will be provided.
(c) Amount of Grant.--The Secretary shall determine the amount of a
grant to a State under this section based on the population of the
State as compared to the population of all States receiving grants
under this section.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to small
businesses located in the State to enable the small businesses
to establish and operate child care programs. Such assistance
may include--
(A) technical assistance in the establishment of a
child care program;
(B) assistance for the startup costs related to a
child care program;
(C) assistance for the training of child care
providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick
children or to provide care to school aged children;
(F) the entering into of contracts with local
resource and referral or local health departments;
(G) assistance for care for children with
disabilities; or
(H) assistance for any other activity determined
appropriate by the State.
(2) Application.--To be eligible to receive assistance from
a State under this section, a small business shall prepare and
submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to applicants that
desire to form a consortium to provide child care in a
geographic area within the State where such care is not
generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A),
a consortium shall be made up of 2 or more entities
that may include businesses, nonprofit agencies or
organizations, local governments, or other appropriate
entities.
(4) Limitation.--With respect to grant funds received under
this section, a State may not provide in excess of $250,000 in
assistance from such funds to any single applicant.
(e) Matching Requirement.--To be eligible to receive a grant under
this section a State shall provide assurances to the Secretary that,
with respect to the costs to be incurred by an entity receiving
assistance in carrying out activities under this section, the entity
will make available (directly or through donations from public or
private entities) non-Federal contributions to such costs in an amount
equal to--
(1) for the first fiscal year in which the entity receives
such assistance, not less than 50 percent of such costs ($1 for
each $1 of assistance provided to the entity under the grant);
(2) for the second fiscal year in which the entity receives
such assistance, not less than 66\2/3\ percent of such costs
($2 for each $1 of assistance provided to the entity under the
grant); and
(3) for the third fiscal year in which the entity receives
such assistance, not less than 75 percent of such costs ($3 for
each $1 of assistance provided to the entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section a child care
provider shall comply with all applicable State and local licensing and
regulatory requirements and all applicable health and safety standards
in effect in the State.
(g) State-Level Activities.--A State may not retain more than 3
percent of funds for State administration and other State-level
activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the State
under this section and for monitoring entities that receive
assistance under such grant.
(2) Audits.--A State shall require each entity receiving
assistance under the grant awarded under this section to
conduct an annual audit with respect to the activities of the
entity. Such audits shall be submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an
audit or otherwise, that an entity receiving assistance
under a grant awarded under this section has misused
the assistance, the State shall notify the Secretary of
the misuse. The Secretary, upon such a notification,
may seek from such an entity the repayment of an amount
equal to the amount of any such misused assistance plus
interest.
(B) Appeals process.--The Secretary shall by
regulation provide for an appeals process with respect
to repayments under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine--
(i) the capacity of entities to meet the
child care needs of communities within States;
(ii) the kinds of partnerships that are
being formed with respect to child care at the
local level to carry out programs funded under
this section; and
(iii) who is using the programs funded
under this section and the income levels of
such individuals.
(B) Report.--Not later than 28 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine the number of child care facilities funded
through entities that received assistance through a
grant awarded under this section that remain in
operation and the extent to which such facilities are
meeting the child care needs of the individuals served
by such facilities.
(B) Report.--Not later than 52 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(j) Definition.--In this section, the term ``small business'' means
an employer who employed an average of at least 2 but not more than 50
employees on business days during the preceding calendar year.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $50,000,000 for the period of fiscal
years 2006 through 2010.
(2) Evaluations and administration.--With respect to the
total amount appropriated for such period in accordance with
this subsection, not more than $2,500,000 of that amount may be
used for expenditures related to conducting evaluations
required under, and the administration of, this section.
(l) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2011. | Caring for Children Act - Directs the Secretary of Health and Human Services to award grants to eligible entities to develop: (1) distance learning child care training technology infrastructures; and (2) model technology-based training courses for child care providers and child care workers, to be provided through distance learning programs made available through the infrastructure. Requires, to the maximum extent possible, that such grants be awarded in regions with the fewest training opportunities for child care providers.
Directs the Secretary to establish a demonstration program of competitive grants to States to help them provide funds to encourage the establishment and operation of small business employer-operated child care programs. Requires a State to give priority for such assistance to applicants that desire to form a consortium to provide child care in an area where such care is not generally available or accessible. Allows such consortia to include businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. | {"src": "billsum_train", "title": "A bill to increase the supply of quality child care."} | 2,286 | 195 | 0.680526 | 1.8621 | 0.911011 | 4.910615 | 12.268156 | 0.944134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea State Sponsor of
Terrorism Designation Act of 2017''.
SEC. 2. REPORT ON DESIGNATION OF GOVERNMENT OF NORTH KOREA AS A STATE
SPONSOR OF TERRORISM.
(a) Findings.--Congress finds the following:
(1) The United States Government designated the Government
of North Korea a state sponsor of terrorism on January 20,
1988.
(2) On October 11, 2008, North Korea's designation as a
state sponsor of terrorism was rescinded, following commitments
by the Government of North Korea to dismantle its nuclear
weapons program. However, North Korea has failed to live up to
these commitments.
(3) On October 22, 2015, the United States Special
Representative for North Korea Policy with the Department of
State, testified before the House Foreign Affairs Subcommittee
on Terrorism, Nonproliferation, and Trade that North Korea's
``conduct poses a growing threat to the United States, our
friends in the region, and the global nonproliferation regime''
and the Deputy Coordinator for Homeland Security, Screening,
and Designations with the U.S. Department of State noted that
``weapons transfers that violate nonproliferation or missile
control regimes could be a relevant factor for consideration,
depending on the circumstances, consistent with the statutory
criteria for designation as a state sponsor of terrorism''.
(4) The Government of North Korea has harbored members of
the Japanese Red Army since a 1970 hijacking and continues to
harbor the surviving hijackers to this day.
(5) On July 16, 2010, in the case of Calderon-Cardona v.
Democratic People's Republic of Korea (case number 08-01367),
the United States District Court for the District of Puerto
Rico found that the Government of North Korea provided material
support to the Japanese Red Army, designated as a foreign
terrorist organization between 1997 and 2001, in furtherance of
a 1972 terrorist attack at Lod Airport, Israel that killed 26
people, including 17 Americans.
(6) In the case of Chaim Kaplan v. Hezbollah (case number
09-646), a United States district court found in 2014 that
North Korea materially supported terrorist attacks by
Hezbollah, a designated foreign terrorist organization, against
Israel in 2006.
(7) In June 2010, Major Kim Myong-ho and Major Dong Myong-
gwan of North Korea's Reconnaissance General Bureau pled guilty
in a South Korean court to attempting to assassinate Hwang
Jang-yop, a North Korean dissident in exile, on the orders of
Lieutenant General Kim Yong-chol, the head of North Korea's
Reconnaissance General Bureau. The court sentenced each
defendant to 10 years in prison.
(8) In March 2015, the Government of South Korea concluded
that North Korea was responsible for a December 2014 cyber
attack against multiple nuclear power plants in South Korea.
The South Korean Government stated that the attacks were
intended to cause a malfunction at the plants' reactors, and
described the attacks as acts of ``cyber-terror targeting our
country''.
(9) On December 19, 2015, the Federal Bureau of
Investigation (FBI) concluded that North Korea was responsible
for a cyber attack on Sony Pictures Entertainment and a
subsequent threat of violence against theaters that showed the
film ``The Interview''. The FBI concluded that the ``Guardians
of Peace'', which sent the threat to Sony Pictures
Entertainment, was a unit of North Korea's Reconnaissance
General Bureau, its foreign intelligence service.
(10) Malaysian authorities have alleged that officials from
North Korea's secret police and Foreign Ministry were involved
in the poisoning and killing of the estranged half-brother of
the country's leader, Kim Jong-nam, using the chemical weapon
VX nerve agent, a substance banned for use as a weapon by the
United Nations Chemical Weapons Convention, on February 13,
2017, in Kuala Lumpur.
(b) Sense of Congress.--It is the sense of the Congress that the
Government of North Korea likely meets the criteria for designation as
a state sponsor of terrorism and, if so should be so designated.
(c) Determination.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a determination as to whether the
Government of North Korea meets the criteria for designation as a state
sponsor of terrorism.
(d) Form.--The determination required by subsection (c) shall be
submitted in unclassified form, but may include a classified annex, if
appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) North Korea.--The term ``North Korea'' means the
Government of the Democratic People's Republic of Korea.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 4605(j))
(as in effect pursuant to the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22
U.S.C. 2780), or any other provision of law, is a government
that
has repeatedly provided support for acts of international
terrorism.
Passed the House of Representatives April 3, 2017.
Attest:
KAREN L. HAAS,
Clerk. | North Korea State Sponsor of Terrorism Designation Act of 2017 This bill expresses the sense of Congress that the government of North Korea likely meets the criteria for designation as a state sponsor of terrorism and, if so, should be so designated. The Department of State shall submit to Congress a determination as to whether such government meets the criteria for designation as a state sponsor of terrorism. | {"src": "billsum_train", "title": "North Korea State Sponsor of Terrorism Designation Act of 2017"} | 1,313 | 85 | 0.564949 | 1.468035 | 0.549765 | 5.958333 | 16.111111 | 0.958333 |
SECTION 1. SENSE OF THE CONGRESS; FINDINGS; PURPOSE.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) public-private partnerships between government and
community-based organizations offer an opportunity to--
(A) empower distressed and disconnected communities
to develop their own resources and abilities in order
to meet the needs of children; and
(B) forge innovative solutions to the challenges
confronting the development of the children in such
communities; and
(2) increased resources should be invested in public-
private partnerships.
(b) Findings.--The Congress finds that--
(1) because of the increased difficulty of supporting
families on a single wage and the growth of single parent
families, parents have less time to devote to the supervision,
education, and nurturing of their children;
(2) the lack of supervision and meaningful activity after
school contributes to the spread of gang violence, drug
trafficking, and lack of hope among children in our Nation;
(3) the problems described in paragraphs (1) and (2) and
crimes, although widespread, are particularly acute in
communities where there is a concentration of low-income
housing;
(4) the community has a responsibility for developing our
Nation's children into productive adults;
(5) because of their centrality, public schools are among
the best facilities for providing needed space and support
services that expand traditional uses of schools;
(6) schools are most effective when the people of the
community are involved in activities designed to fulfill the
needs of children in the community; and
(7) homes, community centers, recreational facilities and
other places where children gather, have a significant impact
on children.
(c) Purpose.--It is the purpose of this Act--
(1) to set forth the vision and plan for a nationwide
restructuring of the way communities engage in the nurturing
and development of children, especially children living and
growing up in urban neighborhoods throughout the Nation;
(2) to provide (in collaboration with other public, private
and nonprofit organizations and agencies) curriculum-based
educational, recreational, cultural, health, social, and other
related community and human services; and
(3) to test the effects of assisting communities located
within economically distressed areas to develop and conduct
programs that will increase the academic success of students
and improve work force readiness.
SEC. 2. COMMUNITY SCHOOLS DEMONSTRATION PROGRAM.
(a) Eligible Activity.--Section 5124 of the Public and Assisted
Housing Drug Elimination Act of 1990 (42 U.S.C. 11903) is amended by
adding at the end the following new subsection:
``(c) Community Schools.--Notwithstanding any other provision of
this chapter, grants under this chapter may be used for community
schools demonstration programs described in chapter 4.''.
(b) Program Established.--Subtitle C of title V of the Anti-Drug
Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by adding at the
end the following new chapter:
``CHAPTER 4--COMMUNITY SCHOOLS DEMONSTRATION PROGRAM
``SEC. 5148. COMMUNITY SCHOOLS DEMONSTRATION PROGRAM.
``(a) Short Title.--This chapter may be cited as the `Community
Schools Demonstration Program Act of 1993'.
``(b) Program Authority.--The Secretary is authorized to award not
more than 10 demonstration grants in accordance with this section to
community-based organizations to enable such organizations to assist
eligible communities located within economically distressed areas to
develop and conduct programs that will increase the academic success of
students and improve work force readiness.
``(c) Program Requirements.--Each program assisted under this
section shall--
``(1) provide services and activities to children in the
eligible community, including curriculum-based supervised
educational, recreational, work force preparation,
entrepreneurship, cultural, health, social activities, and
other related community and human services; and
``(2) coordinate the delivery of social services to the
children in such eligible community in order to meet the needs
and preferences of such children.
``(d) Peer Review Panel.--
``(1) Establishment.--The Secretary, in consultation with
the Secretaries of Education, Labor and Health and Human
Services, shall establish a peer review panel which shall be
comprised of individuals with demonstrated experience in
designing and implementing community-based programs.
``(2) Composition.--Such panel shall include at least 1
representative from each of the following entities:
``(A) A community-based organization.
``(B) A local government.
``(C) A school district.
``(D) The private sector.
``(E) A philanthropic organization.
``(3) Functions.--Such panel shall conduct the initial
review of all grant applications received by the Secretary
under subsection (g), make recommendations to the Secretary
regarding grant funding under this section, and recommend a
design for the evaluation of programs assisted under this
section.
``(e) Eligible Community Identification.--Each community-based
organization receiving a grant under this section shall identify an
eligible community to be assisted under this section. Such eligible
community shall be an area--
``(1) of poverty, unemployment, and general distress; and
``(2) located in a metropolitan statistical area in which
the unemployment rate exceeds by more than 1.5 percent the
national unemployment rate.
``(f) Definition.--For the purpose of this section--
``(1) the term `community-based organization' means a
private, locally initiated nonprofit community-based
organization which--
``(A) is tax exempt under section 501(c)(3) of the
Internal Revenue Code of 1986;
``(B) is organized for educational and charitable
purposes; and
``(C) is governed by a board consisting of
residents of the community, and business and civic
leaders actively involved in providing employment and
business development opportunities in the eligible
community;
``(2) the term `eligible community' means an area
identified pursuant to subsection (d); and
``(3) the term `Secretary', unless otherwise specified,
means the Secretary of Housing and Urban Development.
``(g) Applications.--
``(1) Application required.--Each community-based
organization desiring a grant under this section shall submit
to the Secretary an application at such time, in such manner,
and accompanied by such information, as the Secretary may
reasonably require.
``(2) Contents of application.--Each application submitted
pursuant to paragraph (1) shall--
``(A) describe the activities and services for
which assistance is sought;
``(B) contain an assurance that the community-based
organization will spend grant funds under this section
in a manner that the community-based organization
determines will best accomplish the purposes of this
section;
``(C) contain a comprehensive plan designed to
achieve identifiable goals for children in the eligible
community;
``(D) set forth measurable goals and outcomes that
will make the public school, where possible, the focal
point of the eligible community, which goals and
outcomes may include increasing graduation rates,
school attendance, and academic success in the eligible
community and improving the skills of program
participants;
``(E) provide evidence of support for accomplishing
such goals and outcomes of the program from--
``(i) community leaders;
``(ii) businesses;
``(iii) a school district;
``(iv) local officials;
``(v) State officials; and
``(vi) other organizations that the
community-based organization deems appropriate;
``(F) contain an assurance that the community-based
organization will use grant funds under this section to
provide children in the eligible community with after
school activities and services that include curriculum-
based supervised educational, recreational, work force
preparation, entrepreneurship, cultural, health, social
activities, and other related community and human
services;
``(G) contain a list of the activities and services
that will be offered and sponsored by private nonprofit
organizations, individuals, and groups serving the
eligible community, including--
``(i) recreational activities in addition
to educational programs (such as computer,
mathematics, and science and technology, and
language skills programs); and
``(ii) activities that address specific
needs in the community;
``(H) demonstrate how the community-based
organization will make use of the resources, expertise,
and commitment of private entities;
``(I) include an estimate of the number of children
in the eligible community expected to be served
pursuant to the program;
``(J) include a description of philanthropic
private and all other resources that will be made
available to achieve the goals of the program; and
``(K) contain an assurance that the community-based
organization will use competitive procedures when
purchasing, contracting or otherwise providing for
goods, activities or services under this section.
``(h) Payments; Federal Share; Non-Federal Share.--
``(1) Payments; federal share; non-federal share.--
``(A) Payments.--The Secretary shall pay to each
community-based organization having an application
approved under subsection (g) the Federal share of the
costs of the activities and services described in the
application.
``(B) Federal share.--The Federal share of payments
under this section shall be 65 percent.
``(C) Non-federal share.--
``(i) In general.--The non-Federal share of
payments under this section may be in cash or
in kind, fairly evaluated.
``(ii) Special rule.--At least 15 percent
of the non-Federal share of payments under this
section shall be provided from private or
nonprofit sources.
``(i) Evaluation.--The Secretary shall conduct a thorough
evaluation of the programs assisted under this section. Such evaluation
shall include an assessment of--
``(1) the number of children participating in each program
assisted under this section;
``(2) the academic achievement of such children;
``(3) school attendance and graduation rates of such
children; and
``(4) the number of such children being processed by the
juvenile justice system.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each of the fiscal years 1994, 1995, 1996,
1997 and 1998 to carry out this section.''. | Expresses the sense of the Congress that increased resources should be invested in public-private partnerships between government and community-based organizations to: (1) empower distressed and disconnected communities to develop their own resources and abilities to meet the needs of children; and (2) forge innovative solutions to challenges confronting children's development in such communities.
Amends the Public and Assisted Housing Drug Elimination Act of 1990 to allow certain grants to be issued for community schools demonstration programs.
Community Schools Demonstration Program Act of 1993 - Amends the Anti-Drug Abuse Act of 1988 to establish the community schools demonstration program. Authorizes the Secretary of Housing and Urban Development to award up to ten demonstration grants to community-based organizations to assist eligible communities located within economically distressed areas to develop and conduct programs to increase students' academic success and improve work force readiness. Requires peer review panels, non-Federal share (including some private or nonprofit sources), and evaluation. Authorizes appropriations. | {"src": "billsum_train", "title": "Community Schools Demonstration Program Act of 1993"} | 2,251 | 211 | 0.571171 | 1.702498 | 0.928323 | 3.878947 | 11.536842 | 0.910526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Used Fuel Prize Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 4(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) The rising cost of energy has become a hindrance to
American economic progress.
(2) High and rising energy costs have become a burden upon
the American family.
(3) Nuclear energy can be a safe, efficient, clean, and
affordable source of renewable energy and should be considered
as part of the solution for long-term American energy
independence.
(4) Used nuclear fuel is and has been safely stored on
nuclear energy electricity producing reactor sites for many
years.
(5) Those sites were originally not designed or built for
such storage.
(6) By 2015 it is estimated that the United States will
maintain 70,000 tons of high-level nuclear waste.
(7) The country's electricity needs are best served by
allowing new nuclear reactors to be built, in many cases on
existing reactor sites.
(8) Removal of the used nuclear fuel from those sites can
be safely done and would lead to more efficient management of
used fuel, and lower costs.
(9) Development of alternatives to current storage
facilities, including the Yucca Mountain long-term storage
facility, would also allow used nuclear fuel from
decommissioned reactor sites to be moved and final clean up of
those sites to take place.
(10) Citizens and communities in the United States
interested in developing alternatives to current storage
proposals, including the high-level Yucca Mountain storage
facility, should be provided the incentive to move forward with
these designs and plans.
(11) Prize legislation has been a successful method used by
the United States Government to solve some of our country's
most difficult problems, from space travel to vehicles with
super efficiency.
(12) There is merit in and need for establishing a program
of prize incentives to develop used nuclear fuel management
plans.
SEC. 4. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes in conformity with this Act to advance
the research, development, demonstration, and commercial application of
nuclear used fuel storage.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation in the
program carried out under subsection (a), including
individuals, universities, communities, and large and small
businesses.
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include
essential elements of the competition such as the subject of
the competition, the duration of the competition, the
eligibility requirements for participation in the competition,
the process for participants to register for the competition,
the amount of the prize, and the criteria for awarding the
prize.
(c) Administering the Competition.--The Secretary may enter into an
agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The administering
entity shall perform the following functions:
(1) Advertise the competition and its results.
(2) Raise funds from private entities and individuals to
pay for administrative costs and cash prizes.
(3) Develop, in consultation with and subject to the final
approval of the Secretary, criteria to select winners based
upon the goal of safely and adequately storing nuclear used
fuel.
(4) Determine, in consultation with and subject to the
final approval of the Secretary, the appropriate amount of the
awards.
(5) Protect against the administering entity's unauthorized
use or disclosure of a registered participant's intellectual
property, trade secrets, and confidential business information.
Any information properly identified as trade secrets or
confidential business information that is submitted by a
participant as part of a competitive program under this Act may
be withheld from public disclosure.
(6) Develop and promulgate sufficient rules to define the
parameters of designing and proposing safe and secure nuclear
energy used fuel storage with input from industry, citizens,
and corporations familiar with such activities.
(d) Funding Sources.--Prizes under this Act may consist of Federal
appropriated funds, funds provided by the administering entity, or
funds raised through grants or donations. The Secretary may accept
funds from other Federal agencies for such cash prizes and,
notwithstanding section 3302(b) of title 31, United States Code, may
use such funds for the cash prize program. Other than publication of
the names of prize sponsors, the Secretary may not give any special
consideration to any private sector entity or individual in return for
a donation to the Secretary or administering entity.
(e) Announcement of Prizes.--The Secretary may not publish a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated to the Department
or the Department has received from the administering entity a written
commitment to provide all necessary funds.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall notify the administering entity of intent to
submit ideas and intent to collect the prize upon selection;
(2) shall comply with all the requirements stated in the
Federal Register notice required under section 4(b)(2);
(3) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of the United States;
(4) shall not be a Federal entity, a Federal employee
acting within the scope of his or her employment, or an
employee of a national laboratory acting within the scope of
employment;
(5) shall not use Federal funding or other Federal
resources to compete for the prize;
(6) shall not be an entity acting on behalf of any foreign
government or agent acting on behalf of a current federally
filed proposal for a spent nuclear fuel storage facility or
repository; and
(7) shall present a proposal to the administering entity to
remove used nuclear fuel for such period of time as shall be
necessary prior to the development of advanced fuel cycle
facilities and a final repository for used fuel waste as may be
ultimately in need of disposal.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or in direct relation to, the
participation by a registered participant in a competition authorized
by this Act. This section shall not be construed to prevent the Federal
Government from negotiating a license for the use of intellectual
property developed for a prize competition under this Act. The Federal
Government may seek assurances that technologies for which prizes are
awarded under this Act are offered for commercialization in the event
an award recipient does not take, or is not expected to take within a
reasonable time, effective steps to achieve practical application of
the technology.
SEC. 7. WAIVER OF LIABILITY.
The Secretary may require registered participants to waive claims
against the Federal Government and the administering entity (except
claims for willful misconduct) for any injury, death, damage, or loss
of property, revenue, or profits arising from the registered
participants' participation in a competition under this Act. The
Secretary shall give notice of any waiver required under this section
in the notice required by section 4(b)(2). The Secretary may not
require a registered participant to waive claims against the
administering entity arising out of the unauthorized use or disclosure
by the administering entity of the registered participant's
intellectual property, trade secrets, or confidential business
information.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2009 through 2020
for carrying out this Act--
(1) $10,000,000 each for two awards, and Federal
contracting opportunities; and
(2) $2,000,000 for two additional awards to support
continued actions to develop the successful entities.
(b) Treatment of Awards.--Amounts received pursuant to an award
under this Act may not be taxed by any Federal, State, or local
authority.
(c) Administration.--In addition to the amounts authorized under
subsection (a), there are authorized to be appropriated to the
Secretary for each of fiscal years 2009 through 2020 $2,000,000 for the
administrative costs of carrying out this Act.
(d) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 11 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31, United
States Code. | Nuclear Used Fuel Prize Act of 2008 - Instructs the Secretary of Energy to implement a program to award cash prizes competitively for research, development, demonstration, and commercial application of nuclear used fuel storage.
Authorizes the Secretary to enter into an agreement with a private, nonprofit entity to administer the prize competition. | {"src": "billsum_train", "title": "To authorize the Secretary of Energy to establish monetary prizes for achievements in designing and proposing nuclear energy used fuel alternatives."} | 1,952 | 67 | 0.502245 | 1.213053 | 0.800989 | 5.59322 | 32.644068 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Examination Report Protection
Act of 1997''.
SEC. 2. AMENDMENT TO THE FEDERAL DEPOSIT INSURANCE ACT.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following new section:
``SEC. 45. BANK SUPERVISORY PRIVILEGE.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Depository institution.--The term `depository
institution' includes--
``(A) any institution which is treated in the same
manner as an insured depository institution under
paragraph (3), (4), (5), or (9) of section 8(b); and
``(B) any subsidiary or other affiliate of an
insured depository institution or an institution
described in subparagraph (A).
``(2) Supervisory process.--The term `supervisory process'
means any activity engaged in by a Federal banking agency to
carry out the official responsibilities of the agency with
regard to the regulation or supervision of depository
institutions.
``(3) Confidential supervisory information.--The term
`confidential supervisory information' means any of the
following information, or any portion of any such information,
which is treated as, or considered to be, confidential
information by a Federal banking agency, regardless of the
medium in which the information is conveyed or stored:
``(A) Any report of examination, inspection,
visitation, or investigation, and information prepared
or collected by a Federal banking agency in connection
with the supervisory process, including any computer
file, work paper, or similar document.
``(B) Any correspondence of communication from a
Federal banking agency to a depository institution
arising from or relating to an examination, inspection,
visitation, or investigation by a Federal banking
agency.
``(C) Any correspondence, communication, or
document, including any compliance and other reports,
created by a depository institution in response to any
request, inquiry, or directive from a Federal banking
agency in connection with any examination, inspection,
visitation, or investigation and provided to a Federal
banking agency, other than any book or record in the
possession of the depository institution routinely
prepared by the depository institution and maintained
in the ordinary course of business or any information
required to be made publicly available by any Federal
law or regulation.
``(D) Any record of a Federal banking agency to the
extent it contains information derived from any report,
correspondence, communication or other information
described in subparagraph (A), (B), or (C).
``(b) Bank Supervisory Privilege.--
``(1) Privilege established.--
``(A) In general.--All confidential supervisory
information shall be the property of the Federal
banking agency that created or requested the
information and shall be privileged from disclosure to
any other person.
``(B) Prohibition on unauthorized disclosures.--No
person in possession of confidential supervisory
information may disclose such information, in whole or
in part, without the prior authorization of the Federal
banking agency that created or requested the
information, except for a disclosure made in published
statistical material that does not disclose, either
directly or when used in conjunction with publicly
available information, the affairs of any person.
``(C) Agency waiver.--The Federal banking agency
may waive, in whole or in part, in the discretion of
the agency, any privilege established under this
paragraph.
``(2) Exception.--No provision of paragraph (1) shall be
construed as preventing access to confidential supervisory
information by duly authorized committees of the United States
Congress or the Comptroller General of the United States.
``(c) Other Privileges Not Waived by Disclosure to Banking
Agency.--The submission by a depository institution of any information
to a Federal banking agency, a State bank supervisor, or a foreign
banking authority for any purpose in the course of the supervisory
process of such agency or supervisor shall not be construed as waiving,
destroying, or otherwise affecting any privilege such institution may
claim with respect to such information under Federal or State law.
``(d) Discovery and Disclosure of Information.--
``(1) Information available only from banking agency.--
``(A) In general.--A person seeking discovery or
disclosure, in whole or in part, of confidential
supervisory information may not seek to obtain such
information through subpoena, discovery procedures, or
other process from any person, except that such
information may be sought in accordance with this
section from the Federal banking agency that created or
requested the information.
``(B) Requests submitted to banking agency.--Any
request for discovery or disclosure of confidential
supervisory information shall be made to the Federal
banking agency that created or requested the
information, which shall determine within a reasonable
time period whether to disclose such information
pursuant to procedures and criteria established in
regulations.
``(2) Exclusive federal court jurisdiction over disputes.--
``(A) In general.--Federal courts shall have
exclusive jurisdiction over actions or proceedings in
which any party seeks to compel disclosure of
confidential supervisory information.
``(B) Judicial review.--Judicial review of the
final action of a Federal banking agency with regard to
the disposition of a request for confidential
supervisory information shall be before a district
court of the United States of competent jurisdiction,
subject to chapter 7 of part I of title 5, United
States Code.
``(C) Right to appeal.--Any court order that
compels production of confidential supervisory
information may be immediately appealed by the Federal
banking agency and the order compelling production
shall be automatically stayed, pending the outcome of
such appeal.
``(e) Subpoenas.--
``(1) Authority to intervene.--In the case of any action or
proceeding to compel compliance with a subpoena, order,
discovery request, or other judicial or administrative process
with respect to any confidential supervisory information
relating to any depository institution, a Federal banking
agency and the depository institution may intervene in such
action or proceeding for the purpose of--
``(A) enforcing the limitations established in
paragraph (1) of subsections (b) and (d);
``(B) seeking the withdrawal of any compulsory
process with respect to such information; and
``(C) registering appropriate objections with
respect to the action or proceeding to the extent the
action or proceeding relates to or involves such
information.
``(2) Right to appeal.--Any court order that compels
production of confidential supervisory information may be
immediately appealed by the Federal banking agency and the
order compelling production shall be automatically stayed,
pending the outcome of such appeal.
``(f) Regulations.--
``(1) Authority to prescribe.--Each Federal banking agency
may prescribe such regulations as the agency considers to be
appropriate, after consultation with the other Federal banking
agencies and the National Credit Union Administration Board, to
carry out the purposes of this section.
``(2) Authority to require notice.--Any regulations
prescribed by a Federal banking agency under paragraph (1) may
require any person in possession of confidential supervisory
information to notify the Federal banking agency whenever the
person is served with a subpoena, order, discovery request, or
other judicial or administrative process requiring the personal
attendance of such person as a witness or requiring the
production of such information in any proceeding.
``(g) Access in accordance with regulations and orders.--
Nothwithstanding any other provision of this section, the Federal
banking agency may, without waiving any privilege, authorize access to
confidential supervisory information for any appropriate governmental,
law enforcement, or public purpose in accordance with agency
regulations or orders.''.
SEC. 3. AMENDMENT TO FEDERAL CREDIT UNION ACT.
Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.)
is amended by adding at the end the following new section:
``SEC. 215. CREDIT UNION SUPERVISORY PRIVILEGE.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Supervisory process.--The term `supervisory process'
means any activity engaged in by the Administration to carry
out the official responsibilities of the Administration with
regard to the regulation or supervision of credit unions.
``(1) Confidential supervisory information.--The term
`confidential supervisory information' means any of the
following information, or any portion of any such information,
which is treated as, or considered to be, confidential
information by the Administration, regardless of the medium in
which the information is conveyed or stored:
``(A) Any report of examination, inspection,
visitation, or investigation, and information prepared
or collected by the Administration in connection with
the supervisory process, including any computer file,
work paper, or similar document.
``(B) Any correspondence or communication from the
Administration to a credit union arising from or
relating to an examination, inspection, visitation, or
investigation by the Administration.
``(C) Any correspondence, communication, or
document, including any compliance and other reports,
created by a credit union in response to any request,
inquiry, or directive from the Administration in
connection with any examination, inspection,
visitation, or investigation and provided to the
Administration, other than any book or record in the
possession of the credit union routinely prepared by the credit union
and maintained in the ordinary course of business or any information
required to be made publicly available by any Federal law or
regulation.
``(D) Any record of the Administration to the
extent it contains information derived from any report,
correspondence, communication or other information
described in subparagraph (A), (B), or (C).
``(b) Credit Union Supervisory Privilege.--
``(1) Privilege established.--
``(a) In general.--All confidential supervisory
information shall be the property of the Administration
and shall be privileged from disclosure to any other
person.
``(B) Prohibition on unauthorized disclosures.--No
person in possession of confidential supervisory
information may disclose such information, in whole or
in part, without the prior authorization of the
Administration, except for a disclosure made in
published statistical material that does not disclose,
either directly or when used in conjunction with
publicly available information, the affairs of any
person.
``(C) Agency waivers.--The Board may waive, in
whole or in part, in the discretion of the Board, any
privilege established under this paragraph.
``(2) Exception.--No provision of paragraph (1) shall be
construed as preventing access to confidential supervisory
information by duly authorized committees of the United States
Congress or the Comptroller General of the United States.
``(c) Other Privileges Not Waived by Disclosure to
Administration.--The submission by a credit union of any information to
the Administration or a State credit union supervisor for any purpose
in the course of the supervisory process of the Administration or such
supervisor shall not be construed as waiving, destroying, or otherwise
affecting any privilege such institution may claim with respect to such
information under Federal or State law.
``(d) Discovery and Disclosure of Information.--
``(1) Information available only from administration.--
``(a) In general.--A person seeking discovery or
disclosure, in whole or in part, of confidential
supervisory information may not seek to obtain such
information through subpoena, discovery procedures, or
other process from any person, except that such
information may be sought in accordance with this
section from the Administration.
``(B) Request submitted to administration.--Any
request for discovery or disclosure of confidential
supervisory information shall be made in the
Administration, which shall determine within a
reasonable time period whether to disclose such
information pursuant to procedures and criteria
established in regulations.
``(2) Exclusive federal court jurisdiction over disputes.--
``(A) In general.--Federal courts shall have exclusive
jurisdiction over actions or proceedings in which any
party seeks to compel disclosure of confidential
supervisory information.
``(B) Judicial review.--Judicial review of the final
action of the Administration with regard to the
disposition of a request for confidential supervisory
information shall be before a district court of the
United States of competent jurisdiction, subject to
chapter 7 of part I of title 5, United States Code.
``(C) Right to appeal.--Any court order that
compels production of confidential supervisory
information may be immediately appealed by the
Administration and the order compelling production
shall be automatically stayed, pending the outcome of
such appeal.
``(e) Subpoenas.--
``(1) Authority to intervene.--In the case of any action or
proceeding to compel compliance with a subpoena, order,
discover request, or other judicial or administrative process
with respect to any confidential supervisory information
relating to any credit union, the Administration and the credit
union may intervene in such action or proceeding for the
purpose of--
``(A) enforcing the limitations established in
paragraph (1) of subsections (b) and (d);
``(B) seeking the withdrawal of any compulsory
process with respect to such information; and
``(C) registering appropriate objections with
respect to the action or proceeding to the extent the
action or proceeding relates to or involves such
information.
``(2) Right to appeal.--Any court order that compels
production of confidential supervisory information may be
immediately appealed by the Administration and the order
compelling production shall be automatically stayed, pending
the outcome of such appeal.
``(f) Regulations.--
``(1) Authority to prescribe.--The Board may prescribe such
regulations as the Board considers to be appropriate, after
consultation with the Federal banking agencies (as defined in
section 3 of the Federal Deposit Insurance Act), to carry out
the purposes of this section.
``(2) Authority to require notice.--Any regulations
prescribed by the Administration under paragraph (1) may
require any person in possession of confidential supervisory
information to notify the Administration whenever the person is
served with a subpoena, order, discovery request, or other
judicial or administrative process requiring the personal
attendance of such person as a witness or requiring the
production of such information in any proceeding.
``(g) Access in Accordance With Regulations and Orders.--
Notwithstanding any other provision of this section, the Administration
may, without waiving any privilege, authorize access to confidential
supervisory information for any appropriate governmental, law
enforcement, or public purpose in accordance with agency regulations or
orders.''. | Bank Examination Report Protection Act of 1997 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to establish a privileged status for confidential supervisory information. Declares such information to be the property of the Federal banking agency that created or requested it.
Prohibits the disclosure of such information without prior authorization of the appropriate Federal banking agency.
Precludes the use of subpoena or other process to obtain such information. Permits disclosure requests to the appropriate Federal banking agency.
Grants Federal courts exclusive jurisdiction for actions to compel information disclosure. Prescribes judicial, rulemaking, and notice procedures. | {"src": "billsum_train", "title": "Bank Examination Report Protection Act of 1997"} | 3,242 | 135 | 0.537621 | 1.430724 | 0.619378 | 2.263158 | 26.517544 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Propane Supply and Security Act of
2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Interstate commerce.--The term ``interstate commerce''
has the meaning given the term in section 2 of the Natural Gas
Act (15 U.S.C. 717a).
(4) Propane pipeline.--The term ``propane pipeline'' means
a pipeline used to transport propane in interstate commerce.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. INFORMATION COLLECTION.
(a) In General.--The Administrator shall publish, to the maximum
extent practicable and consistent with confidentiality requirements,
data on--
(1) propane storage, including--
(A) weekly inventory data disaggregated below the
level of the Petroleum Administration for Defense
Districts (PADD), including--
(i) data at the State level; and
(ii) data from the collective storage
facilities at market hubs, including storage
facilities in and around Mont Belvieu, Texas,
Conway, Kansas, and any future market hubs of
significant regional scope; and
(B) weekly data to separately account for non-fuel
propylene and propane for PADD 3 and other regions if
the Administrator determines that inclusion of the
nonfuel propylene supply data significantly distorts
propane supply and pricing data, and the Administrator
determines it is feasible to collect separate data on
nonfuel propylene and propane; and
(2) propane markets, including pricing data for residential
customers in States that voluntarily choose to participate in
the State Heating Oil and Propane Program (SHOPP) of the Energy
Information Administration.
(b) Biannual Working and Net Available Storage Capacity Report.--
The Administrator shall publish data on--
(1) storage at--
(A) major market centers, including the regions
around Conway, Kansas and Mont Belvieu, Texas; and
(B) to the extent practicable based on existing
surveys and consistent with confidentiality
requirements, the regions reported in the weekly and
monthly inventory data under subsection (a); and
(2) pipeline fill requirements and pipeline operational
storage capacity.
(c) Wood Pilot.--The Administrator shall work with the States
participating in SHOPP to develop a program comparable to SHOPP to
collect data on wood pellets, firewood, and other biomass.
SEC. 4. COORDINATED RESPONSE TO EMERGENCIES.
(a) In General.--The Secretary shall lead Federal and State
emergency response efforts with respect to propane supply emergencies
in any State or region of the United States that are characterized, as
determined by the Secretary, by--
(1) sudden increases in consumer prices for propane; or
(2) propane supply shortages that threaten public safety or
livestock safety.
(b) Duties.--In carrying out subsection (a), the Secretary shall--
(1) establish criteria to determine when an emergency
response action would be triggered;
(2) establish a system for forecasting and tracking the
availability of propane, with an emphasis on predicting supply
shortages;
(3) establish a system for alerting other Federal agencies,
States, industry groups, and appropriate stakeholders of the
crisis--
(A) before an emergency; and
(B) when the Secretary determines that an emergency
has occurred;
(4) establish a plan for coordinated response to an
emergency by Federal and State agencies; and
(5) establish criteria to determine when the emergency has
ended.
(c) Actions.--An emergency response carried out under this section
may include--
(1) actions to protect consumers from unfair pricing;
(2) actions to expedite the distribution of propane through
available transportation modes, including provisions--
(A) to exempt motor carriers of propane from hours-
of-service restrictions;
(B) to prioritize propane shipments by rail; and
(C) to prioritize propane shipments over other
shipments in batched pipelines;
(3) expedited release of energy assistance funds; and
(4) other actions to relieve price spikes and supply
shortages.
(d) Effect.--Nothing in this section limits any existing authority
of any Federal agency.
SEC. 5. DEFINITION OF CONSUMER PROPANE PRICES.
(a) Functions of Propane Education and Research Council.--Section
5(f) of the Propane Education and Research Act of 1996 (15 U.S.C.
6404(f)) is amended in the first sentence by inserting ``to train
propane distributors and consumers in strategies to mitigate negative
effects of future propane price spikes,'' after ``to enhance consumer
and employee safety and training,''.
(b) Market Survey and Consumer Protection Price Analysis.--Section
9(a) of the Propane Education and Research Act of 1996 (15 U.S.C.
6408(a)) is amended in the first sentence by striking ``only data
provided by the Energy Information Administration'' and inserting ``the
refiner price to end users of consumer grade propane, as published by
the Energy Information Administration''.
SEC. 6. REGIONAL PROPANE RESERVE.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall conduct a study to determine the
effectiveness and feasibility of establishing 1 or more propane storage
facilities, to be operated separately from the Strategic Petroleum
Reserve established under part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.).
(b) Plan.--Following completion of the study under subsection (a),
the Secretary may submit to Congress and the President a plan
describing--
(1) the proposed acquisition of storage and related
facilities or storage services for, including--
(A) the potential use of storage facilities not
currently in use; and
(B) a determination of the combination of primary,
secondary, and tertiary storage facilities that will be
used;
(2) the proposed acquisition of propane for storage;
(3) the proposed methods of disposition of propane;
(4) the estimated costs of establishment, maintenance, and
operation;
(5) the efforts the Secretary will make--
(A) to minimize any potential need for future
drawdowns; and
(B) to ensure that distributors and importers are
not discouraged from maintaining and increasing
supplies of propane;
(6) the proposed actions to ensure the quality of the
propane; and
(7) the proposed accounts and funding structures required
for acquisition of propane and propane storage facilities.
SEC. 7. STORAGE FACILITY LOANS FOR PROPANE STORAGE.
Section 1614(a) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8789(a)) is amended by inserting ``, including facilities for
propane that is used for drying and heating'' before the period at the
end.
SEC. 8. STUDY OF JURISDICTION.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall complete a study of
facilities appurtenant to propane pipelines (such as terminals and
storage facilities) that are not subject to the jurisdiction of the
Commission (as of the date on which the study commences) to determine--
(1) whether the nonjurisdictional nature of the facilities
is injurious to shippers or consumers; and
(2)(A) whether the facilities can be placed under the
jurisdiction of the Commission; or
(B) if not, whether changes in law to place the facilities
under the jurisdiction of the Commission are in the public
interest. | Propane Supply and Security Act of 2014 - Directs the Administrator of the Energy Information Administration (EIA) to publish weekly inventory data on propane storage and propane markets, including pricing data for residential customers in states that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the EIA. Directs the Administrator to publish data on storage at: (1) major market centers, and (2) the regions reported in specified weekly and monthly inventory data. Directs the Administrator to work with the states participating in SHOPP to develop a comparable program to collect data on wood pellets, firewood, and other biomass. Directs the Secretary of Energy to lead federal and state emergency response efforts regarding propane supply emergencies in any state or region characterized by either sudden increases in consumer prices for propane, or propane supply shortages that threaten public safety or livestock safety. Amends the Propane Education and Research Act of 1996 to direct the Propane Education and Research Council to develop for propane distributors and consumers training programs on strategies to mitigate negative effects of future propane price spikes. Directs the Secretary to study the effectiveness and feasibility of establishing propane storage facilities operated separately from the Strategic Petroleum Reserve. Authorizes the Secretary to submit to Congress and the President a plan describing such regional propane reserve. Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture to include within the storage facility loan program funding for propane storage and handling facilities used for drying and heating. Directs the Comptroller General (GAO) to study facilities appurtenant to propane pipelines that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) to determine: (1) whether the nonjurisdictional nature of the facilities is injurious to shippers or consumers; and (2) whether the facilities can be placed under FERC jurisdiction or, if not, whether changes in law to place them under FERC jurisdiction are in the public interest. | {"src": "billsum_train", "title": "Propane Supply and Security Act of 2014"} | 1,695 | 420 | 0.612281 | 2.044588 | 0.828016 | 4.767568 | 4.189189 | 0.908108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Muscogee-Creek Indian Tribe of
Georgia Recognition Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants of and political successors to those Indians known
as the original Creek Indian Nation at the time of initial
European contact with America.
(2) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants and political successors to the signatories of the
1832 Treaty of Washington, which was a treaty made before
removal while the Creeks were one nation. The Treaty involved
all Creeks, including the Upper, Middle, and Lower Creeks, when
the Creek Nation was whole and intact.
(3) The Lower Muscogee-Creek Indian Tribe of Georgia
consists of over 2,500 eligible members, most of whom continue
to reside close to their ancestral homeland within the State of
Georgia. Pursuant to Article XII of the 1832 Treaty of
Washington, the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as a sovereign
Indian tribe comprising those Lower Creeks declining removal
under that treaty.
(4) The Lower Muscogee-Creek Indian Tribe of Georgia
continues its political and social existence with a viable
tribal government carrying out many of its governmental
functions through its traditional form of collective
decisionmaking and social interaction.
(5) In 1972, when the Lower Muscogee-Creek Indian Tribe of
Georgia (also known as the Muscogee-Creek Indian Tribe East of
the Mississippi River) petitioned the Bureau of Indian Affairs
for Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent counsel
adequately versed in Federal Indian law. The Tribe was unable
to obtain technical assistance in its petition which
consequently lacked critical and pertinent historical
information necessary for recognition. Thus, due to technical
omissions, the petition was denied on December 21, 1981.
(6) Despite the denial of the petition, the Federal
Government, the government of the State of Georgia, and local
governments, have recognized the political leaders of the Lower
Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct
political governmental entity.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an enrolled member
of the Tribe, as of the date of enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lower Muscogee-
Creek Indian Tribe of Georgia.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is hereby extended to the
Tribe. All laws and regulations of general application to Indians or
nations, tribes, or bands of Indians that are not inconsistent with any
specific provision of this Act shall be applicable to the Tribe and its
members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 5. RESERVATION.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of enactment of this
Act, the Tribe transfers interest in land within the boundaries of the
State of Georgia to the Secretary, the Secretary shall take such
interests in land into trust for the benefit of the Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation land of the Tribe.
(c) Limitation on Gaming.--Gaming as defined and regulated by the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is prohibited on
the land taken into trust under subsection (a).
SEC. 6. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion in the membership roll of the
Tribe shall be developed and based upon the membership provisions as
contained in the Tribe's Constitution and Bill of Rights. Upon
completion of the membership roll, the Secretary shall publish notice
of such in the Federal Register. The Tribe shall ensure that such roll
is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe, however, in no event may an individual
be enrolled as a member of the Tribe unless the individual is a lineal
descendant of a person on the base membership roll, and has continued
to maintain political relations with the Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall be Indian
country under Federal and tribal jurisdiction.
SEC. 8. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which a
tribe mentioned in this Act is a party nor to any right secured to such
a tribe or to any other tribe by any treaty. | Makes the Tribe eligible for all Federal benefits and services furnished to federally recognized Indian tribes without regard to the existence of a reservation.
Makes the provisions of the Indian Reorganization Act applicable to the Tribe and its members.
Directs the Secretary, if the Tribe transfers interests in land within the boundaries of the State of Georgia to the Secretary, to take such interests in land into trust for the benefit of the Tribe. Makes such land the Tribe's initial reservation land. Prohibits gaming on such land.
Requires the Tribe to submit a membership roll.
Provides for no provision of this Act to be construed to constitute an amendment, modification, or interpretation of any treaty to which the Tribe is a party nor to any right secured to the Tribe or to any other tribe by any treaty. | {"src": "billsum_train", "title": "Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act"} | 1,334 | 184 | 0.417979 | 1.164862 | 0.571735 | 5.318182 | 7.493506 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Date Certain Tax Code Replacement
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to set a date certain for replacing the
Internal Revenue Code of 1986 with a simple and fair alternative.
SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal Revenue
Code of 1986--
(1) for any taxable year beginning after December 31, 2004;
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2004.
(b) Exception.--Subsection (a) shall not apply to taxes imposed
by--
(1) chapter 2 of such Code (relating to tax on self-
employment income);
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act); and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND
SIMPLIFICATION.
(a) Findings.--The Congress finds the following:
(1) The Internal Revenue Code of 1986 is overly complex,
imposes significant burdens on individuals and businesses and
the economy, is extremely difficult for the Internal Revenue
Service to administer, and is in need of fundamental reform and
simplification.
(2) Many of the problems encountered by taxpayers in
dealing with the Internal Revenue Service could be eliminated
or alleviated by fundamental reform and simplification.
(3) The Federal Government's present fiscal outlook for
continuing and sustained budget surpluses provides a unique
opportunity for the Congress to consider measures for
fundamental reform and simplification of the tax laws.
(4) Recent efforts to simplify or reform the tax laws have
not been successful due in part to the difficulty of developing
broad-based, nonpartisan support for proposals to make such
changes.
(5) Many of the problems with the Internal Revenue Service
stem from the overly complex tax code the agency is asked to
administer.
(b) Establishment.--
(1) In general.--To carry out the purposes of this section,
there is established within the legislative branch a National
Commission on Tax Reform and Simplification (in this section
referred to as the ``Commission'').
(2) Composition.--The Commission shall be composed of 15
members, as follows:
(A) Three members appointed by the President, two
from the executive branch of the Government and one
from private life.
(B) Four members appointed by the majority leader
of the Senate, one from Members of the Senate and three
from private life.
(C) Two members appointed by the minority leader of
the Senate, one from Members of the Senate and one from
private life.
(D) Four members appointed by the Speaker of the
House of Representatives, one from Members of the House
and three from private life.
(E) Two members appointed by the minority leader of
the House of Representatives, one from Members of the
House and one from private life.
(3) Chair.--The Commission shall elect a Chair (or two Co-
Chairs) from among its members.
(4) Meetings, quorums, vacancies.--After its initial
meeting, the Commission shall meet upon the call of the Chair
(Co-Chairs, if elected) or a majority of its members. Nine members of
the Commission shall constitute a quorum. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any meeting of the Commission
or any subcommittee thereof may be held in executive session to the
extent that the Chair (Co-Chairs, if elected) or a majority of the
members of the Commission or subcommittee determine appropriate.
(5) Continuation of membership.--If--
(A) any individual who appointed a member to the
Commission by virtue of holding a position described in
paragraph (2) ceases to hold such position before the
report of the Commission is submitted under subsection
(g); or
(B) a member was appointed to the Commission as a
Member of Congress and the member ceases to be a Member
of Congress, or was appointed to the Commission because
the member was not an officer or employee of any
government and later becomes an officer or employee of
a government, that member may continue as a member for
not longer than the 30-day period beginning on the date that such
individual ceases to hold such position or such member ceases to be a
Member of Congress or becomes such an officer or employee, as the case
may be.
(6) Appointment; initial meeting.--
(A) Appointment.--It is the sense of the Congress
that members of the Commission should be appointed not
more than 60 days after the date of the enactment of
this Act.
(B) Initial meeting.--If, after 60 days from the
date of the enactment of this Act, eight or more
members of the Commission have been appointed, members
who have been appointed may meet and select the Chair
(or Co-Chairs) who thereafter shall have the authority
to begin the operations of the Commission, including
the hiring of staff.
(c) Functions of the Commission.--
(1) In general.--The functions of the Commission shall be--
(A) to conduct, for a period of not to exceed 18
months from the date of its first meeting, the review
described in paragraph (2); and
(B) to submit to the Congress a report of the
results of such review, including recommendations for
fundamental reform and simplification of the Internal
Revenue Code of 1986, as described in subsection (g).
(2) Review.--The Commission shall review--
(A) the present structure and provisions of the
Internal Revenue Code of 1986, especially with respect
to--
(i) its impact on the economy (including
the impact on savings, capital formation and
capital investment);
(ii) its impact on families and the
workforce (including issues relating to
distribution of tax burden);
(iii) the compliance cost to taxpayers; and
(iv) the ability of the Internal Revenue
Service to administer such provisions;
(B) whether tax systems imposed under the laws of
other countries could provide more efficient and fair
methods of funding the revenue requirements of the
government;
(C) whether the income tax should be replaced with
a tax imposed in a different manner or on a different
base; and
(D) whether the Internal Revenue Code of 1986 can
be simplified, absent wholesale restructuring or
replacement thereof.
(d) Powers of the Commission.--
(1) In general.--The Commission or, on the authorization of
the Commission, any subcommittee or member thereof, may, for
the purpose of carrying out the provisions of this section,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths, as the Commission or such designated subcommittee or
designated member may deem advisable.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(3) Assistance from federal agencies and offices.--
(A) Information.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government, as
well as from any committee or other office of the
legislative branch, such information, suggestions,
estimates, and statistics as it requires for the
purposes of its review and report. Each such
department, bureau, agency, board, commission, office,
establishment, instrumentality, or committee shall, to
the extent not prohibited by law, furnish such
information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the
Chair (Co-Chairs, if elected).
(B) Treasury department.--The Secretary of the
Treasury is authorized on a nonreimbursable basis to
provide the Commission with administrative services,
funds, facilities, staff, and other support services
for the performance of the Commission's functions.
(C) General services administration.--The
Administrator of General Services shall provide to the
Commission on a nonreimbursable basis such
administrative support services as the Commission may
request.
(D) Joint committee on taxation.--The staff of the
Joint Committee on Taxation is authorized on a
nonreimbursable basis to provide the Commission with
such legal, economic, or policy analysis, including
revenue estimates, as the Commission may request.
(E) Other assistance.--In addition to the
assistance set forth in subparagraphs (A), (B), (C),
and (D), departments and agencies of the United States
are authorized to provide to the Commission such
services, funds, facilities, staff, and other support
services as they may deem advisable and as may be
authorized by law.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out its
duties under this section.
(e) Staff of the Commission.--
(1) In general.--The Chair (Co-Chairs, if elected), in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III or chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code. Any Federal Government
employee may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(2) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(f) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title
5, United States Code, for each day during which that
member is engaged in the actual performance of the
duties of the Commission.
(B) Exception.--Members of the Commission who are
officers or employees of the United States or Members
of Congress shall receive no additional pay on account
of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(g) Report of the Commission; Termination.--
(1) Report.--Not later than 18 months after the date of the
first meeting of the Commission, the Commission shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. The
report of the Commission shall describe the results of its
review (as described in subsection (c)(2)), shall make such
recommendations for fundamental reform and simplification of
the Internal Revenue Code of 1986 as the Commission considers
appropriate, and shall describe the expected impact of such
recommendations on the economy and progressivity and general
administrability of the tax laws.
(2) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate on the
date which is 90 days after the date on which the
report is required to be submitted under paragraph (1).
(B) Concluding activities.--The Commission may use
the 90-day period referred to in subparagraph (A) for
the purposes of concluding its activities, including
providing testimony to committees of Congress
concerning its report and disseminating that report.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the activities of the
Commission. Until such time as funds are specifically appropriated for
such activities, $2,000,000 shall be available from fiscal year 2001
funds appropriated to the Treasury Department, ``Departmental Offices''
account, for the activities of the Commission, to remain available
until expended.
SEC. 5. TIMING OF IMPLEMENTATION.
In order to ensure an easy transition and effective implementation,
the Congress hereby declares that any new Federal tax system shall be
approved by Congress in its final form no later than July 4, 2004. If a
new Federal tax system is not so approved by July 4, 2004, then
Congress shall be required to vote to reauthorize the Internal Revenue
Code of 1986.
Passed the House of Representatives April 13, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report.Authorizes appropriations (with interim funding).Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2004, and, if not, Congress should be required to vote to reauthorize the Code. | {"src": "billsum_train", "title": "Date Certain Tax Code Replacement Act"} | 2,958 | 177 | 0.550379 | 1.605214 | 0.705024 | 4.316456 | 18.018987 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Telehealth
Access Act of 2005''.
SEC. 2. ACCESS TO TELEHEALTH SERVICES IN THE HOME.
(a) In General.--Section 1895(e) of the Social Security Act (42
U.S.C. 1395fff(e)) is amended to read as follows:
``(e) Coverage of Telehealth Services.--
``(1) In general.--The Secretary shall include telehealth
services that are furnished via a telecommunication system by a
home health agency to an individual receiving home health
services under section 1814(a)(2)(C) or 1835(a)(2)(A) as a home
health visit for purposes of eligibility and payment under this
title if the telehealth services--
``(A) are ordered as part of a plan of care
certified by a physician pursuant to section
1814(a)(2)(C) or 1835(a)(2)(A);
``(B) do not substitute for in-person home health
services ordered as part of a plan of care certified by
a physician pursuant to such respective section; and
``(C) are considered the equivalent of a visit
under criteria developed by the Secretary under
paragraph (3).
``(2) Physician certification.--Nothing in this section
shall be construed as waiving the requirement for a physician
certification under section 1814(a)(2)(C) or 1835(a)(2)(A) for
the payment for home health services, whether or not furnished
via a telecommunication system.
``(3) Criteria for visit equivalency.--
``(A) Standards.--The Secretary shall establish
standards and qualifications for categorizing and
coding under HCPCS codes telehealth services under this
subsection as equivalent to an in-person visit for
purposes of eligibility and payment for home health
services under this title. In establishing the
standards and qualifications, the Secretary may
distinguish between varying modes and modalities of
telehealth services and shall consider--
``(i) the nature and amount of service time
involved; and
``(ii) the functions of the
telecommunications.
``(B) Limitation.--A telecommunication that
consists solely of a telephone audio conversation,
facsimile, electronic text mail, or consultation
between two health care practitioners is not considered
a visit under this subsection.
``(4) Telehealth service.--
``(A) Definition.--For purposes of this section,
the term `telehealth service' means technology-based
professional consultations, patient monitoring, patient
training services, clinical observation, assessment, or
treatment, and any additional services that utilize
technologies specified by the Secretary as HCPCS codes
developed under paragraph (3).
``(B) Update of hcpcs codes.--The Secretary shall
establish a process for the updating, not less
frequently than annually, of HCPCS codes for telehealth
services.
``(5) Conditions for payment and coverage.--Nothing in this
subsection shall be construed as waiving any condition of
payment under sections 1814(a)(2)(C) or 1835(a)(2)(A) or
exclusion of coverage under section 1862(a)(1).
``(6) Cost reporting.--Notwithstanding any provision to the
contrary, the Secretary shall provide that the costs of
telehealth services under this subsection shall be reported as
a reimbursable cost center on any cost report submitted by a
home health agency to the Secretary.''.
(b) Effective Date.--
(1) The amendment made by subsection (a) shall apply to
telehealth services furnished on or after October 1, 2006. The
Secretary of Health and Human Services shall develop and
implement criteria and standards under section 1895(e)(3) of
the Social Security Act, as amended by subsection (a), by no
later than July 1, 2006.
(2) In the event that the Secretary has not complied with
these deadlines, beginning October 1, 2006, a home health visit
for purpose of eligibility and payment under title XVIII of the
Social Security Act shall include telehealth services under
section 1895(e) of such Act with the aggregate of
telecommunication encounters in a 24-hour period considered the
equivalent of one in-person visit.
SEC. 3. REMOTE MONITORING PILOT PROJECTS.
(a) Pilot Program Authorized.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
initiate and carry out pilot projects (each in this section referred to
as a ``pilot project'') in a variety of geographic locations that
provide incentives to home health agencies to utilize home monitoring
and communications technologies that will--
(1) enhance health outcomes for individuals enrolled under
parts A and B of title XVIII of the Social Security Act; and
(2) reduce part A and B program expenditures for
institutional and other providers, practitioners, and suppliers
of health care items and services.
(b) Individuals Within the Scope of Pilot.--
(1) In general.--The Secretary shall specify, in accordance
with this subsection, the criteria for identifying those
individuals who shall be considered within the scope of the
pilot projects under this section for purposes of the incentive
payments under subsection (c) and for assessment of the
effectiveness of the home health agency in achieving the
objectives of the section.
(2) Participation of individuals not receiving home health
services.--Participation in these pilot projects shall not be
limited to individuals receiving home health services under
part A or part B of title XVIII of the Social Security Act.
(c) Incentive Payments.--
(1) In general.--Subject to paragraph (2), the Secretary
shall pay to each home health agency participating in a pilot
project an amount for each year under the pilot project equal
to at least 50 percent of the reduction in expenditures under
such parts realized for such year due to the agency's
participation in the project. The computation of such reduction
shall be based on the Secretary's estimate of the amount by
which the amount of expenditures under such parts for the
individuals under the pilot project is less than the amount
that would have been expended under such parts for such
individuals if the project were not implemented. In determining
the estimate, the Secretary may use estimates for expenditures
for individuals who are not participating in the project and
who are comparable to individuals participating in the project.
(2) Limitation on expenditures.--The Secretary shall limit
incentive payments under this subsection as necessary to ensure
that the aggregate expenditures under title XVIII of the Social
Security Act (inclusive of such incentive payments) with
respect to patients within the scope of the pilot projects do
not exceed the amount that the Secretary estimates would be
expended under such title if the pilot projects under this
section were not implemented.
(d) Construction.--Nothing in this section shall limit the amount
of payment (other than under subsection (c)) a home health agency may
receive for home health services provided to eligible individuals under
part A or part B of title XVIII of the Social Security Act.
(e) Implementation Date.--The Secretary shall implement the pilot
projects authorized by this section no later than nine months after the
date of the enactment of this Act.
(f) Expansion of the Pilot Project.--If the Secretary determines
that any of the pilot projects--
(1) result in a decrease in Federal expenditures under
title XVIII of the Social Security Act; and
(2) maintain or enhance health outcomes for the
participating beneficiaries,
the Secretary may initiate or extend comparable projects in additional
areas. | Medicare Home Health Telehealth Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the current requirements for Medicare coverage of telehealth services under the prospective payment system.
Requires the Secretary of Health and Human Services to treat as a home health visit any telehealth services furnished by a home health agency via a telecommunication system to an individual receiving home health services, if the telehealth services: (1) are ordered as part of a plan of care certified by a physician; (2) (as under current law) do not substitute for in-person home health services ordered as part of a plan of care certified by a physician; and (3) are considered the equivalent of a visit under criteria developed by the Secretary.
Directs the Secretary to initiate and carry out projects in a variety of geographic locations that provide incentives to home health agencies to utilize home monitoring and communications technologies that will: (1) enhance health outcomes for individuals enrolled under Medicare parts A and B; and (2) reduce part A and B program expenditures for institutional and other providers, practitioners, and suppliers of health care items and services.
Authorizes the Secretary to pay incentive payments to each home health agency participating in a pilot project.
Provides that, if the Secretary determines that any of the pilot projects results in decreased federal Medicare expenditures, and maintains or enhances health outcomes for the participating beneficiaries, the Secretary may initiate or extend comparable projects in additional areas. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for access to telehealth services in the home."} | 1,678 | 317 | 0.612368 | 1.776162 | 0.843981 | 5.241259 | 5.188811 | 0.940559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Freedom and Family
Empowerment Act''.
SEC. 2. ONLINE FAMILY EMPOWERMENT.
Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end the following new section:
``SEC. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE
MATERIAL; FCC CONTENT AND ECONOMIC REGULATION OF COMPUTER
SERVICES PROHIBITED.
``(a) Findings.--The Congress finds the following:
``(1) The rapidly developing array of Internet and other
interactive computer services available to individual Americans
represent an extraordinary advance in the availability of
educational and informational resources to our citizens.
``(2) These services offer users a great degree of control
over the information that they receive, as well as the
potential for even greater control in the future as technology
develops.
``(3) The Internet and other interactive computer services
offer a forum for a true diversity of political discourse,
unique opportunities for cultural development, and myriad
avenues for intellectual activity.
``(4) The Internet and other interactive computer services
have flourished, to the benefit of all Americans, with a
minimum of government regulation.
``(5) Increasingly Americans are relying on interactive
media for a variety of political, educational, cultural, and
entertainment services.
``(b) Policy.--It is the policy of the United States to--
``(1) promote the continued development of the Internet and
other interactive computer services and other interactive
media;
``(2) preserve the vibrant and competitive free market that
presently exists for the Internet and other interactive
computer services, unfettered by State or Federal regulation;
``(3) encourage the development of technologies which
maximize user control over the information received by
individuals, families, and schools who use the Internet and
other interactive computer services;
``(4) remove disincentives for the development and
utilization of blocking and filtering technologies that empower
parents to restrict their children's access to objectionable or
inappropriate online material; and
``(5) ensure vigorous enforcement of criminal laws to deter
and punish trafficking in obscenity, stalking, and harassment
by means of computer.
``(c) Protection for `Good Samaritan' Blocking and Screening of
Offensive Material.--No provider or user of interactive computer
services shall be treated as the publisher or speaker of any
information provided by an information content provider. No provider or
user of interactive computer services shall be held liable on account
of--
``(1) any action voluntarily taken in good faith to
restrict access to material that the provider or user considers
to be obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, whether or not such
material is constitutionally protected; or
``(2) any action taken to make available to information
content providers or others the technical means to restrict
access to material described in paragraph (1).
``(d) FCC Regulation of the Internet and Other Interactive Computer
Services Prohibited.--Nothing in this Act shall be construed to grant
any jurisdiction or authority to the Commission with respect to
economic or content regulation of the Internet or other interactive
computer services.
``(e) Effect on Other Laws.--
``(1) No effect on criminal law.--Nothing in this section
shall be construed to impair the enforcement of section 223 of
this Act, chapter 71 (relating to obscenity) or 110 (relating
to sexual exploitation of children) of title 18, United States
Code, or any other Federal criminal statute.
``(2) No effect on intellectual property law.--Nothing in
this section shall be construed to limit or expand any law
pertaining to intellectual property.
``(3) In general.--Nothing in this section shall be
construed to prevent any State from enforcing any State law
that is consistent with this section.
``(f) Definitions.--As used in this section:
``(1) Internet.--The term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet switched data networks.
``(2) Interactive computer service.--The term `interactive
computer service' means any information service that provides
computer access to multiple users via modem to a remote
computer server, including specifically a service that provides
access to the Internet.
``(3) Information content provider.--The term `information
content provider' means any person or entity that is
responsible, in whole or in part, for the creation or
development of information provided by the Internet or any
other interactive computer service, including any person or
entity that creates or develops blocking or screening software
or other techniques to permit user control over offensive
material.
``(4) Information service.--The term `information service'
means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or
making available information via telecommunications, and
includes electronic publishing, but does not include any use of
any such capability for the management, control, or operation
of a telecommunications system or the management of a
telecommunications service.''. | Internet Freedom and Family Empowerment Act - Amends the Communications Act of 1934 to establish Government policy promoting continued development of the Internet and other interactive computer services and media and preserving the competitive free market existing for them.
Addresses concerns over objectionable materials on such services, sexual (including child sexual exploitation) and otherwise. Shields the service provider and user from: (1) treatment as publisher or speaker of any information provided by an information content provider; and (2) liability for good faith actions taken to restrict access to such materials.
Declares that nothing in this Act shall be construed to authorize Federal Communications Commission regulation of the content of such services. | {"src": "billsum_train", "title": "Internet Freedom and Family Empowerment Act"} | 1,163 | 139 | 0.552939 | 1.510922 | 0.69387 | 2.640625 | 8.351563 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Telework Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) many rural communities and Indian reservations have not
benefited from the historic economic expansion in recent years,
and high levels of unemployment and underemployment persist in
the rural communities and reservations;
(2) many economic opportunities, especially in information
technology fields, are located away from many rural communities
and reservations;
(3) the United States has a significant and growing need
for skilled information technology workers;
(4) unemployed and underemployed rural employees represent
a potential workforce to fill information technology jobs;
(5) teleworking allows rural employees to perform skill
intensive information technology jobs from their communities
for firms located outside rural communities; and
(6) employing a rural teleworkforce in information
technology fields will require--
(A) employers that are willing to hire rural
residents or contract for work to be performed in rural
communities;
(B) recruitment and training of rural residents
appropriate for work in information technology fields;
(C) means of connecting employers with employees
through advanced telecommunications services; and
(D) innovative approaches and collaborative models
to create rural technology business opportunities and
facilitate the employment of rural individuals.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Secretary of Agriculture to make
competitive grants to establish National Centers for Distance
Working in rural areas to provide assistance to individuals in
rural communities to support the use of teleworking in
information technology fields;
(2) to promote teleworking arrangements, small electronic
business development, and creation of information technology
jobs in rural areas for the purpose of creating sustainable
economic opportunities in rural communities;
(3) to promote the practice of teleworking to information
technology jobs among rural, urban, and suburban residents,
Indian tribes, job training and workforce development
providers, educators, and employers;
(4) to meet the needs of information technology and other
industries for skilled employees by accelerating the training
and hiring of rural employees to fill existing and future jobs
from rural communities and Indian reservations;
(5) to promote teleworking and small electronic business as
sustainable income sources for rural communities and Indian
tribes; and
(6) to study, collect information, and develop best
practices for rural teleworking employment practices.
SEC. 3. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 376. NATIONAL CENTERS FOR DISTANCE WORKING PROGRAM.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means a National Center
for Distance Working established under subsection (b) that
receives a grant under this section.
``(2) Eligible organization.--The term `eligible
organization' means a nonprofit entity, an educational
institution, a tribal government, or any other organization
that meets the requirements of this section and such other
requirements as are established by the Secretary.
``(3) Information technology.--The term `information
technology' means any equipment, or interconnected system or
subsystem of equipment, that is used in the automatic
acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or
reception of data or information, including a computer,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
``(4) Rural area.--The terms `rural' and `rural area' have
the meaning given the terms in section 381A.
``(5) Secretary.--The term `Secretary' means the Secretary,
acting through the Administrator of the Rural Utility Service.
``(6) Teleworking.--The term `teleworking' means the use of
telecommunications to perform work functions over a distance
and to reduce or eliminate the need to perform work at a
traditional worksite.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a National
Centers for Distance Working Program under which the Secretary
shall make competitive grants to eligible organizations to pay
the Federal share of the cost of establishing National Centers
for Distance Working in rural areas to conduct projects in
accordance with subsection (c).
``(2) Eligible organization.--The Secretary shall establish
criteria that an organization must meet to be eligible to
receive a grant under this section.
``(c) Projects.--A Center shall use a grant received under this
section to conduct a 5-year project--
``(1) to provide training, referral, assessment, and
employment-related services and assistance to individuals in
rural communities and Indian tribes to support the use of
teleworking in information technology fields, including
services and assistance related to high technology training,
telecommunications infrastructure, capital equipment, job
placement services, and other means of promoting teleworking;
``(2) to identify skills that are needed by the business
community and that will enable trainees to secure employment
after the completion of training;
``(3) to recruit employers for rural individuals and
residents of Indian reservations;
``(4) to provide for high-speed communications between the
individuals in the targeted rural community or reservation and
employers that carry out information technology work that is
suitable for teleworking;
``(5) to provide for access to or ownership of the
facilities, hardware, software, and other equipment necessary
to perform information technology jobs; and
``(6) to perform such other functions as the Secretary
considers appropriate.
``(d) Eligibility Criteria.--
``(1) Application and plan.--As a condition of receiving a
grant under this section for use with respect to a rural area,
an organization shall submit to the Secretary, and obtain the
approval of the Secretary of, an application and 5-year plan
for the use of the grant to carry out a project described in
subsection (c), including a description of--
``(A) the businesses and employers that will
provide employment opportunities in the rural area;
``(B) fundraising strategies;
``(C) training and training delivery methods to be
employed;
``(D) the rural community of individuals to be
targeted to receive assistance;
``(E) any support from State and local governments
and other non-Federal sources; and
``(F) outreach activities to be carried out to
reach potential information technology employers.
``(2) Non-federal share.--
``(A) In general.--As a condition of receiving a
grant under this section, an organization shall agree
to obtain, after the application of the organization
has been approved and notice of award has been issued,
contributions from non-Federal sources that are equal
to--
``(i) during each of the first, second, and
third years of a project, 1 non-Federal dollar
for each 2 Federal dollars provided under the
grant; and
``(ii) during each of the fourth and fifth
years of the project, 1 non-Federal dollar for
each Federal dollar provided under the grant.
``(B) Indian tribes.--Notwithstanding subparagraph
(A), an Indian tribe may use Federal funds made
available to the tribe for self-governance to pay the
non-Federal contributions required under subparagraph
(A).
``(C) Form.--The non-Federal contributions required
under subparagraph (A) may be in the form of in-kind
contributions, including office equipment, office
space, and services.
``(e) Selection Criteria.--
``(1) In general.--The Secretary shall--
``(A) establish criteria for the selection of
eligible organizations to receive grants under this
section; and
``(B) evaluate, rank, and select eligible
organizations on the basis of the selection criteria.
``(2) Factors.--The selection criteria established under
paragraph (1) shall include--
``(A) the experience of the eligible organization
in conducting programs or ongoing efforts designed to
improve or upgrade the skills of rural employees or
members of Indian tribes;
``(B) the ability of the eligible organization to
initiate a project within a minimum period of time;
``(C) the ability and experience of the eligible
organization in providing training to rural individuals
who are economically disadvantaged or who face
significant barriers to employment;
``(D) the ability and experience of the eligible
organization in conducting information technology skill
training;
``(E) the degree to which the eligible organization
has entered into partnerships or contracts with local,
tribal, and State governments, community-based
organizations, and prospective employers to provide
training, employment, and supportive services;
``(F) the ability and experience of the eligible
organization in providing job placement for rural
employees with employers that are suitable for
teleworking;
``(G) the computer and telecommunications equipment
that the eligible organization has or expects to
possess or use under contract on initiation of the project; and
``(H) the means the applicant proposes, such as
high-speed Internet access, to allow communication
between rural employees and employers.
``(3) Publication.--The Secretary shall--
``(A) publish the selection criteria established
under this subsection in the Federal Register; and
``(B) include a description of the selection
criteria in any solicitation for applications for
grants made by the Secretary.
``(f) Studies of Teleworking.--
``(1) In general.--To promote the development of
teleworking in rural areas, the Secretary may make grants to
entities to conduct research on economic, operational, social,
and policy issues relating to teleworking in rural areas,
including the development of best practices for businesses that
employ teleworkers.
``(2) Limitation.--The Secretary shall use not more than
$1,000,000 of funds made available for a fiscal year under
subsection (g) to carry out this subsection.
``(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $11,000,000 for each fiscal
year.''. | Directs a recipient Center to use grants for five-year projects to: (1) identify needed skills and provide training and employment-related services to persons in rural areas and Indian tribes to support the use of teleworking (the use of telecommunications to perform work functions over a distance) in technology fields; and (2) recruit employers and provide for high-speed employer-employee communications.
Authorizes the Secretary to make limited grants for teleworking studies, including development of best practices for businesses that employ teleworkers.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Telework Act of 2000"} | 2,205 | 123 | 0.665365 | 1.907118 | 0.566514 | 3.213592 | 20.747573 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crowdfunding Amendments Act''.
SEC. 2. CROWDFUNDING VEHICLES.
(a) Amendments to the Securities Act of 1933.--The Securities Act
of 1933 (15 U.S.C. 77a et seq.) is amended--
(1) in section 2(a) (15 U.S.C. 77b(a)), by adding at the
end the following:
``(20) The term `crowdfunding vehicle' has the meaning
given the term in section 3(c)(15)(B) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)(15)(B)).'';
(2) in section 4(a)(6) (15 U.S.C. 77d(a)(6))--
(A) in subparagraph (A)--
(i) by inserting ``, other than a
crowdfunding vehicle,'' after ``sold to all
investors''; and
(ii) by inserting ``other than a
crowdfunding vehicle,'' after ``the issuer,'';
and
(B) in subparagraph (B), in the matter preceding
clause (i), by inserting ``, other than a crowdfunding
vehicle,'' after ``any investor''; and
(3) in section 4A(f) (15 U.S.C. 77d-1(f))--
(A) in the matter preceding paragraph (1), by
striking ``Section 4(6)'' and inserting ``Section
4(a)(6)''; and
(B) in paragraph (3), by inserting ``by any of
paragraphs (1) through (14) of'' before ``section
3(c)''.
(b) Amendments to the Investment Company Act of 1940.--Section 3(c)
of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended
by adding at the end the following:
``(15)(A) Any crowdfunding vehicle.
``(B) For purposes of this paragraph, the term
`crowdfunding vehicle' means a company--
``(i) the purpose of which (as set forth in the
organizational documents of the company) is limited to
acquiring, holding, and disposing of securities issued
by a single company in one or more transactions made
under section 4(a)(6) of the Securities Act of 1933 (15
U.S.C. 77d(a)(6));
``(ii) that issues only 1 class of securities;
``(iii) that receives no compensation in connection
with the acquisition, holding, or disposition of
securities described in clause (i);
``(iv) no investment adviser or associated person
of which receives any compensation on the basis of a
share of capital gains upon, or capital appreciation
of, any portion of the funds of an investor of the
company;
``(v) the securities of which have been issued in a
transaction made under section 4(a)(6) of the
Securities Act of 1933 (15 U.S.C. 77d(a)(6)), where
both the crowdfunding vehicle and the company whose
securities the crowdfunding vehicle holds are co-
issuers;
``(vi) that is current with respect to ongoing
reporting requirements under section 227.202 of title
17, Code of Federal Regulations, or any successor
regulation;
``(vii) that holds securities of a company that is
subject to ongoing reporting requirements under section
227.202 of title 17, Code of Federal Regulations, or
any successor regulation; and
``(viii) that is advised by an investment adviser
that is--
``(I) registered under the Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.);
and
``(II) required to--
``(aa) disclose to the investors of
the company any fees charged by the
investment adviser; and
``(bb) obtain approval from a
majority of the investors of the
company with respect to any increase in
the fees described in item (aa).''.
(c) Amendments to the Investment Advisers Act of 1940.--The
Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended--
(1) in section 202(a) (15 U.S.C. 80b-2(a))--
(A) by redesignating the second paragraph (29) as
paragraph (31); and
(B) by adding at the end the following:
``(32) The term `crowdfunding vehicle' has the meaning
given the term in section 3(c)(15)(B) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)(15)(B)).
``(33)(A) The term `crowdfunding vehicle adviser' means an
investment adviser that acts as an investment adviser solely
with respect to crowdfunding vehicles.
``(B) A determination, for the purposes of subparagraph
(A), regarding whether an investment adviser acts as an
investment adviser solely with respect to crowdfunding vehicles
shall not include any consideration of the activity of any
affiliate of the investment adviser.'';
(2) in section 203 (15 U.S.C. 80b-3), by adding at the end
the following:
``(o) Crowdfunding Vehicle Advisers.--
``(1) In general.--A crowdfunding vehicle adviser shall be
required to register under this section.
``(2) Tailored requirements.--As necessary or appropriate
in the public interest and for the protection of investors, and
to promote efficiency, competition, and capital formation, the
Commission may tailor the requirements under section
275.206(4)-2 of title 17, Code of Federal Regulations, with
respect to the application of those requirements to a
crowdfunding vehicle adviser.''; and
(3) in section 203A(a) (15 U.S.C. 80b-3a(a))--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) is a crowdfunding vehicle adviser.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``a
crowdfunding vehicle adviser,'' after ``unless
the investment adviser is''; and
(ii) in subparagraph (B)(ii), in the matter
preceding subclause (I), by inserting ``except
with respect to a crowdfunding vehicle
adviser,'' before ``has assets''.
SEC. 3. CROWDFUNDING EXEMPTION FROM REGISTRATION.
Section 12(g)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)(6)) is amended--
(1) by striking ``The Commission'' and inserting the
following:
``(A) In general.--The Commission'';
(2) in subparagraph (A), as so designated, by striking
``section 4(6)'' and inserting ``section 4(a)(6)''; and
(3) by adding at the end the following:
``(B) Treatment of securities issued by certain
issuers.--
``(i) In general.--An exemption under
subparagraph (A) shall be unconditional for
securities offered by an issuer that had a
public float of less than $75,000,000, as of
the last business day of the most recently
completed semiannual period of the issuer,
which shall be calculated in accordance with
clause (ii).
``(ii) Calculation.--
``(I) In general.--A public float
described in clause (i) shall be
calculated by multiplying the aggregate
worldwide number of shares of the
common equity securities of an issuer
that are held by non-affiliates by the
price at which those securities were
last sold (or the average bid and asked
prices of those securities) in the
principal market for those securities.
``(II) Calculation of zero.--If a
public float calculation under
subclause (I) with respect to an issuer
is zero, an exemption under
subparagraph (A) shall be unconditional
for securities offered by the issuer if
the issuer had annual revenues of less
than $50,000,000, as of the most
recently completed fiscal year of the
issuer.''. | Crowdfunding Amendments Act This bill amends the Securities Act of 1933 to allow a crowdfunding issuer to sell shares through a crowdfunding vehicle. (Crowdfunding is a method of capital formation in which groups of people pool money to invest in a company or to support an effort to accomplish a specific goal.) A "crowdfunding vehicle" is defined as a company that: has purposes limited to acquiring, holding, and disposing only one class of crowdfunding securities issued by a single company; receives no compensation for doing so; and meets other specified requirements, including those related to reporting obligations and the use of investment advisers. The bill amends the Investment Advisers Act of 1940 to provide for the registration of crowdfunding vehicle advisers. The bill amends the Securities Exchange Act of 1934 to revise the conditions upon which the Securities and Exchange Commission (SEC) shall exempt securities issued in crowdfunding transactions from registration requirements. Under current law, holders of crowdfunded shares do not count toward the shareholder threshold beyond which an issuer is required to register its securities with the SEC, provided that the issuer: (1) is current in its annual reporting obligations, (2) retains the services of a registered transfer agent, and (3) has less than $25 million in assets. The bill maintains this exemption but alters the conditions upon which it applies. Specifically, holders of crowdfunded shares shall not count toward the shareholder threshold if the issuer has: (1) a public float of less than $75 million, or (2) a public float of $0 and annual revenues of less than $50 million. | {"src": "billsum_train", "title": "Crowdfunding Amendments Act"} | 1,927 | 372 | 0.549751 | 1.685142 | 0.607563 | 1.627063 | 5.429043 | 0.742574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Seniors Receiving Dialysis
Choice Act of 2016'' or as the ``ESRD Choice Act of 2016''.
SEC. 2. EXPANDING MEDICARE ADVANTAGE COVERAGE FOR INDIVIDUALS WITH END-
STAGE RENAL DISEASE (ESRD).
(a) Expanded MA Eligibility.--
(1) In general.--Section 1851(a)(3) of the Social Security
Act (42 U.S.C. 1395w-21(a)(3)) is amended--
(A) by striking subparagraph (B); and
(B) by striking ``eligible individual'' and all
that follows through ``In this title, subject to
subparagraph (B),'' and inserting ``eligible
individual.--In this title,''.
(2) Conforming amendments.--
(A) Section 1852(b)(1) of the Social Security Act
(42 U.S.C. 1395w-22(b)(1)) is amended--
(i) by striking subparagraph (B); and
(ii) by striking ``Beneficiaries'' and all
that follows through ``A Medicare+Choice
organization'' and inserting ``Beneficiaries.--
A Medicare Advantage organization''.
(B) Section 1859(b)(6) of the Social Security Act
(42 U.S.C. 1395w-28(b)(6)) is amended by striking ``may
waive'' and all that follows through ``subparagraph
and''.
(b) Excluding Costs for Kidney Acquisitions From MA Benchmark.--
Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is
amended--
(1) in subsection (k)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``paragraphs (2) and (4)'' and
inserting ``paragraphs (2), (4), and (5)''; and
(ii) in subparagraph (B)(i), by striking
``paragraphs (2) and (4)'' and inserting
``paragraphs (2), (4), and (5)''; and
(B) by adding at the end the following new
paragraph:
``(5) Exclusion of costs for kidney acquisitions from
capitation rates.--After determining the applicable amount for
an area for a year under paragraph (1) (beginning with 2019),
the Secretary shall adjust such applicable amount to exclude
from such applicable amount the Secretary's estimate of the
standardized costs for payments for organ acquisitions for
kidney transplants covered under this title (including expenses
covered under section 1881(d)) in the area for the year.''; and
(2) in subsection (n)(2)--
(A) in subparagraph (A)(i), by inserting ``and, for
2019 and subsequent years, the exclusion of payments
for organ acquisitions for kidney transplants from the
capitation rate as described in subsection (k)(5)''
before the semicolon at the end;
(B) in subparagraph (E), in the matter preceding
clause (i), by striking ``subparagraph (F)'' and
inserting ``subparagraphs (F) and (G)''; and
(C) by adding at the end the following new
subparagraph:
``(G) Application of kidney acquisitions
adjustment.--The base payment amount specified in
subparagraph (E) for a year (beginning with 2019) shall
be adjusted in the same manner under paragraph (5) of
subsection (k) as the applicable amount is adjusted
under such subsection.''.
(c) FFS Coverage of Kidney Acquisitions.--
(1) In general.--Section 1852(a)(1)(B)(i) of the Social
Security Act (42 U.S.C. 1395w-22(a)(1)(B)(i)) is amended by
inserting ``or coverage for organ acquisitions for kidney
transplants, including as covered under section 1881(d)'' after
``hospice care''.
(2) Conforming amendment.--Section 1851(i) of the Social
Security Act (42 U.S.C. 1395w-21(i)) is amended by adding at
the end the following new paragraph:
``(3) FFS payment for expenses for kidney acquisitions.--
Paragraphs (1) and (2) do not apply with respect to expenses
for organ acquisitions for kidney transplants described in
section 1852(a)(1)(B)(i).''.
(d) Sense of Congress Regarding Application of Appropriate Medicare
Advantage Risk Adjustment for Payment for Increased ESRD Enrollees.--It
is the sense of Congress that in implementing the policies under this
section, the Centers for Medicare & Medicaid Services should provide,
in an accurate and transparent manner, for risk adjustment to payment
under the Medicare Advantage program to account for the increased
enrollment in Medicare Advantage plans of individuals with end-stage
renal disease.
(e) Expanded MA Education.--Section 1851(d)(2)(A)(iii) of the
Social Security Act (42 U.S.C. 1395w-21(d)(2)(A)(iii)) is amended by
inserting before the period at the end the following: ``, including any
additional information that individuals determined to have end-stage
renal disease may need to make informed decisions with respect to such
an election''.
(f) Report.--Not later than April 1, 2022, the Administrator of the
Centers for Medicare & Medicaid Services shall submit to Congress a
report on the impact of the amendments made by this section on spending
under the traditional Medicare fee-for-service program under parts A
and B of title XVIII of the Social Security Act as well as on spending
under parts C and D of such title. The report shall include an
assessment of the risk adjustment payment methodologies under such
parts C and D and their adequacy with respect to individuals with end-
stage renal disease and such recommendations as the Administrator deems
appropriate.
(g) Effective Date.--The amendments made by this section shall
apply to plans years beginning on or after January 1, 2020.
Passed the House of Representatives September 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on September 19, 2016. Expanding Seniors Receiving Dialysis Choice Act of 2016 or the ESRD Choice Act of 2016 (Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to allow individuals with end-stage renal disease (ESRD) to be eligible for Medicare Advantage (MA). Under current law, only individuals who develop ESRD while already enrolled in an MA plan may be considered eligible. With respect to payment, the bill: (1) shifts responsibility for the cost of kidney acquisitions from MA plans to Medicare's fee-for-service program, and (2) excludes such costs from the calculation of certain benchmarks that form the basis for payment under MA plans. | {"src": "billsum_train", "title": "ESRD Choice Act of 2016"} | 1,448 | 190 | 0.549716 | 1.575908 | 0.739765 | 2.136054 | 7.897959 | 0.77551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Possessions Wage Credit Act of
1993''.
SEC. 2. REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT
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. 45A. POSSESSIONS EMPLOYMENT CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the amount of
the possessions employment credit determined under this section with
respect to any eligible employer for any taxable year is 40 percent of
the qualified possession wages paid or incurred during such taxable
year.
``(b) Qualified Possession Wages.--For purposes of this section,
the term `qualified possession wages' means any wages paid or incurred
by an employer for services performed by an employee while such
employee is a qualified possession employee to the extent such wages do
not exceed $20,000.
``(c) Qualified Possession Employee.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified possession employee' means,
with respect to any period, any employee of an eligible
employer if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed within a possession of the United States
in a trade or business of the employer,
``(B) such employee is a bona fide resident of such
possession, and
``(C) such employee is subject to tax by such
possession on income from sources within and without
such possession.
``(2) Certain individuals not eligible.--The term
`qualified possession employee' shall not include--
``(A) any individual described in subparagraph (A),
(B), or (C) of section 51(i)(1),
``(B) any 5-percent owner (as defined in section
416(i)(1)(B)), and
``(C) any individual unless such individual
either--
``(i) is employed by the employer at least
90 days, or
``(ii) has completed at least 120 hours of
services performed for the employer.
``(d) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means a
domestic corporation which--
``(A) elects the application of this section, and
``(B) meets the conditions of both subparagraphs
(A) and (B) of paragraph (2).
``(2) Conditions which must be satisfied.--The conditions
referred to in paragraph (1) are as follows:
``(A) 3-year period.--If 80 percent or more of the
gross income of such domestic corporation for the 3-
year period immediately preceding the close of the
taxable year (or for such part of such period
immediately preceding the close of such taxable year as
may be applicable) was derived from sources within a
possession of the United States (determined without
regard to section 904(f)).
``(B) Trade or business.--If 75 percent or more of
the gross income of such domestic corporation for such
period or such part thereof was derived from the active
conduct of a trade or business within a possession of
the United States.
``(e) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Possession.--The term `possession of the United
States' includes the Commonwealth of Puerto Rico and the Virgin
Islands.
``(2) Wages.--The term `wages' has the same meaning as when
used in section 51, except that paragraph (4) of section 51(c)
shall not apply.
``(3) Treatment of certain foreign taxes.--For purposes of
this title, any tax of a foreign country or possession of the
United States which is paid or accrued with respect to taxable
income of an eligible employer for any taxable year for which
an election is in effect under this section shall not be
treated as income, war profits, or excess profits paid or
accrued to a foreign country or possession of the United
States. The preceding sentence shall not apply to the extent
such amounts exceed the amount of the credit determined under
subsection (a) for such taxable year.
``(4) Controlled groups.--
``(A) Treated as single employer.--All employers
treated as a single employer under subsection (a) or
(b) of section 52 shall be treated as a single employer
for purposes of this section.
``(B) Proportionate share.--The credit (if any)
determined under this section with respect to each
employer described in subparagraph (A) shall be such
employer's proportionate share of the wages giving rise
to such credit.
``(5) Denial of double benefit.--No credit or deduction
shall be allowable under any other provision of this title with
respect to any wages taken into account in computing the credit
allowed by this section.
``(6) Certain other rules made applicable.--Rules similar
to the rules of section 51(k) and subsections (c), (d), and (e)
of section 52 shall apply.
``(f) Transition Rules.--For purposes of this section--
``(1) In general.--In the case of a taxpayer for which a
credit is allowed under section 936 for its last taxable year
ending before February 16, 1993, the credit determined under
subsection (a) for each of the 5 taxable years in the
transition period shall not be less than the lesser of--
``(A) the old section 936 amount, or
``(B) the adjusted wage credit.
``(2) Old section 936 amount.--For purposes of paragraph
(1)(A)--
``(A) In general.--The term `old section 936
amount' means, with respect to any taxable year, the
applicable percentage of the lesser of--
``(i) the amount of the credit which would
have been determined under section 936 but for
section 936(i), or
``(ii) 115 percent of the average amount of
the credit under section 936 of the taxpayer
and its predecessors for the 3-taxable-year
period ending with the taxpayer's last taxable
year ending before February 16, 1993 (not
taking into account years in which the taxpayer
or any predecessor was not in existence).
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined as follows:
``In the case of the following
year in
The percent-
the transition period:
age is:
1st.............................. 100
2d............................... 100
3d............................... 75
4th.............................. 50
5th.............................. 25.
``(3) Adjusted wage credit.--For purposes of paragraph
(1)(B)--
``(A) In general.--The term `adjusted wage credit'
means, with respect to any taxable year, the amount
determined under subsection (a) by substituting the
applicable percentage for 40 percent.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined as follows:
``In the case of the following
year in
The percent-
the transition period:
age is:
1st.............................. 100
2d............................... 100
3d............................... 85
4th.............................. 70
5th.............................. 55.
``(4) Treatment of additional credit.--If an additional
credit is allowed to a taxpayer for any taxable year by reason
of this subsection, then, for purposes of this title--
``(A) an election under section 936 shall be
treated as in effect with respect to such taxpayer for
such taxable year, and
``(B) the excess of the credit allowed under this
section for such taxable year over the amount of the
credit which would have been allowed without regard to
this subsection shall be treated as a credit allowed by
section 936.
``(5) Transition period.--For purposes of this subsection,
the term `transition period' means the 5-taxable-year period
beginning with the taxable year which includes February 16,
1993.''.
(b) Termination of Section 936 Credit.--
(1) In general.--Section 936 of such Code is amended by
adding at the end the following new subsection:
``(i) Termination.--Except as provided in section 45A(f)(4), no
credit shall be allowed under this section for any taxable year ending
on or after February 16, 1993.''.
(2) Conforming amendment.--Section 27(b) of such Code is
amended by adding at the end the following new sentence:
``Except as provided in section 45A(f)(4), no credit shall be
allowed under this subsection for any taxable year ending on or
after February 16, 1993.''.
(c) Credit Allowed as Business Credit.--
(1) In general.--Section 38(b) of such Code is amended by
striking ``plus'' at the end of paragraph (7), by striking the
period at the end of paragraph (8) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(9) the possessions employment credit under section
45A(a).''.
(2) Transition.--Section 39(d) of such Code is amended by
adding at the end the following new paragraph:
``(4) No carryback of possessions employment credit.--No
portion of the unused business credit for any taxable year
which is attributable to the credit determined under section
45A may be carried back to any taxable year ending before
February 16, 1993.''.
(d) Conforming Amendments.--
(1) Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such
Code are each amended by inserting ``45A or'' before ``936''.
(2) Section 1504(b)(4) of such Code is amended by inserting
``section 45A (relating to possessions employment credit) or''
before ``section 936''.
(3) Clause (ii) of section 6091(b)(2)(B) of such Code is
amended by inserting ``section 45A (relating to possessions
employment credit) or'' before ``section 936''.
(4) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45A. Possessions employment
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after February 16, 1993.
SEC. 3. EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE
COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) 18-Month Extension.--Paragraph (6) of section 162(l) of the
Internal Revenue Code of 1986 (relating to special rules for health
insurance costs of self-employed individuals) is amended by striking
``June 30, 1992'' and inserting ``December 31, 1993''.
(b) Increase in Amount of Deduction.--Section 162(l)(1) of such
Code is amended by striking ``25 percent of''.
(c) Conforming Amendment.--Paragraph (2) of section 110(a) of the
Tax Extension Act of 1991 is hereby repealed.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years ending after June 30, 1992.
(2) Increase.--The amendment made by subsection (b) shall
apply to taxable years beginning after December 31, 1992. | Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession.
Terminates the Puerto Rico and possession tax credit. | {"src": "billsum_train", "title": "Possessions Wage Credit Act of 1993"} | 2,675 | 92 | 0.631019 | 1.48577 | 1.078238 | 4.883117 | 30.948052 | 0.961039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Employment and Training
Bill of Rights Act of 1999''.
SEC. 2. VETERANS' EMPLOYMENT AND TRAINING ASSISTANCE.
(a) In General.--Chapter 42 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 4215. Veterans' Employment and Training Bill of Rights
``(a) Entitlement to Priority of Services.--A covered person is
entitled to priority of services under any qualified employment
training program if the person otherwise meets the eligibility
requirements for participation in such program.
``(b) Administration of Programs at State and Local Levels.--(1) An
entity of a State or a political subdivision of the State that
administers or delivers services under a qualified employment training
program shall--
``(A) provide information and effective referral assistance
to covered persons regarding benefits and services that may be
obtained through other entities or service providers; and
``(B) ensure that each covered person who applies to or who
is assisted by such a program is informed of the employment-
related rights and benefits to which the person is entitled
under this section.
``(2) Each council, board, or advisory body of a State or a
political subdivision of the State that is established in support of a
qualified employment training program shall include adequate
representation from the veterans community, particularly from veterans
service organizations.
``(c) Annual Report.--By not later than December 31, 2000, and each
December 31 thereafter, the Secretary of Labor, following review and
comment by the Advisory Committee on Veterans Employment and Training,
shall submit to the Committees on Veterans' Affairs of the House of
Representatives and Senate a report. The report shall evaluate whether
covered persons are receiving priority of services and are being fully
served by qualified employment training programs, and whether the
levels of service of such programs are in proportion to the incidence
of representation of veterans in the labor market, including within
groups targeted by such programs, if any.
``(d) Definitions.--As used in this section:
``(1) The term `covered person' means any of the following
individuals:
``(A) A veteran who has a service-connected
disability.
``(B) A veteran who served on active duty in the
Armed Forces during a war, in a campaign or expedition
for which a campaign badge has been authorized.
``(C) The spouse of any of the following persons:
``(i) Any person who died of a service-
connected disability.
``(ii) Any member of the Armed Forces
serving on active duty who, at the time of
application for assistance under this section,
is listed, pursuant to section 556 of title 37
and regulations issued thereunder, by the
Secretary concerned in one or more of the
following categories and has been so listed for
a total of more than 90 days: (I) missing in
action, (II) captured in line of duty by a
hostile force, or (III) forcibly detained or
interned in line of duty by a foreign
government or power.
``(iii) Any person who has a total
disability permanent in nature resulting from a
service-connected disability.
``(iv) A veteran who died while a
disability so evaluated was in existence.
``(2) The term `qualified employment training program'
means any work force preparation, development, or delivery
program or service that is federally funded, in whole or in
part, and includes the following:
``(A) Any such program or service that uses
technology to assist individuals to access work force
development programs (such as job and training
opportunities, labor market information, career
assessment tools, and related support services).
``(B) Any such program or service under the public
employment service system, one-stop career centers, the
Workforce Investment Act of 1998, a demonstration or
other temporary program, and those programs implemented
by States or local service providers based on Federal
block grants.
``(C) Any such program or service that is a work
force development program targeted to specific
groups.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 42 of such title is amended by inserting after the item
relating to section 4214 the following new item:
``4215. Veterans' Employment and Training Bill of Rights.''.
SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS.
(a) In General.--Section 4212(a) of title 38, United States Code,
is amended to read as follows:
``(a)(1) Any contract in the amount of $25,000 or more entered into
by any department or agency of the United States for the procurement of
personal property and nonpersonal services (including construction) for
the United States, shall contain a provision requiring that the party
contracting with the United States take affirmative action to employ
and advance in employment qualified covered veterans. This section
applies to any subcontract entered into by a prime contractor in
carrying out any such contract.
``(2) In addition to requiring affirmative action to employ such
qualified covered veterans under such contracts and subcontracts and in
order to promote the implementation of such requirement, the Secretary
of Labor shall prescribe regulations requiring that--
``(A) each such contractor undertake in each such contract
to list all of its employment openings immediately with the
appropriate local employment service office, other appropriate
service delivery points, or America's Job Bank (or any
additional or subsequent national computerized job bank
established by the Department of Labor), except that the
contractor may exclude openings for positions which are to be
filled from within the contractor's organization and positions
lasting three days or less; and
``(B) each such local office or other service delivery
point shall give such qualified covered veterans priority in
referral to such employment openings.
``(3) As used in this section:
``(A) The term `covered veteran' means any of the following
veterans:
``(i) Disabled veterans.
``(ii) Veterans who served on active duty in the
Armed Forces during a war or in a campaign or
expedition for which a campaign badge has been
authorized.
``(iii) Veterans who, while serving on active duty
in the Armed Forces, participated in a United States
military operation for which an Armed Forces service
medal was awarded pursuant to Executive Order 12985 (61
Fed. Reg. 1209).
``(B) The term `qualified', with respect to an employment
position, means having the ability to perform the essential
tasks of the position with reasonable accommodation.''.
(b) Conforming and Technical Amendments.--Section 4212 of such
title is amended--
(1) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively;
(2) in subsection (b), as so redesignated--
(A) by striking ``filed pursuant to subsection (b)
of this section'' and inserting ``relating to this
section filed pursuant to section 4216 of this title'';
(B) by striking ``suitable''; and
(C) by striking ``subsection (a)(2) of this
section'' and inserting ``subsection (a)(2)(B)''; and
(3)(A) in paragraph (1) of subsection (c), as so
redesignated--
(i) in the matter preceding subparagraph (A), by
striking ``subsection (a) of this section'' and
inserting ``subsection (a)''; and
(ii) by amending subparagraphs (A) and (B) to read
as follows:
``(A) the number of employees in the work force of such
contractor, by job category and hiring location, and the number
of such employees, by job category and hiring location, who are
qualified covered veterans; and
``(B) the total number of new employees hired by the
contractor during the period covered by the report and the
number of such employees who are qualified covered veterans.'';
and
(B) in paragraph (2) of such subsection, by striking
``paragraph (1) of this subsection'' and inserting ``paragraph
(1)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts entered into on or after the date that
is 60 days after the date of the enactment of this Act.
SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.
(a) In General.--The second sentence of section 4214(a) of title
38, United States Code, is amended--
(1) by inserting ``, competent'' after ``effective''; and
(2) by striking ``major'' and inserting ``uniquely
qualified''.
(b) Technical Amendments.--(1) Section 4214(b)(1) of such title is
amended by striking ``readjustment'' and inserting ``recruitment''.
(2) Section 4214(g) of such title is amended by striking
``qualified'' the first place it occurs and all that follows through
``era'' and inserting ``qualified covered veterans (as described in
section 4212(a) of this title)''.
SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS.
(a) In General.--Chapter 42 of title 38, United States Code, as
amended by section 2, is further amended by adding at the end the
following new section:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
``(a) Assistance of Secretary of Labor.--The Secretary of Labor
(through the Assistant Secretary of Labor for Veterans' Employment and
Training) shall provide assistance to any person or entity with respect
to the requirements of sections 4212 (relating to United States
contracts) and 4215 (relating to federally funded work force programs
and services) of this title. In providing such assistance, the
Secretary may request the assistance of existing Federal and State
agencies engaged in similar or related activities and utilize the
assistance of volunteers.
``(b) Complaint.--(1) An individual described in section 4212(a) or
in section 4215(a) of this title may file a complaint with the
Secretary of Labor if the individual believes that--
``(A) the individual is entitled to rights or benefits
under section 4212 or 4215; and
``(B) an entity with obligations under either of such
sections has failed to comply or refuses to comply with the
provisions of such sections.
``(2) Such complaint shall be in writing, be in such form as the
Secretary of Labor may prescribe, include the name and address of the
party against whom the complaint is filed, and contain a summary of the
allegations that form the basis for the complaint.
``(3) A complaint may only be filed under paragraph (1) within 90
days after the date of a failure or refusal described in paragraph
(1)(B).
``(c) Investigation of Complaint.--(1) The Secretary of Labor shall
promptly investigate the complaint. If the Secretary of Labor
determines as a result of the investigation that the action alleged in
such complaint occurred, the Secretary shall attempt to resolve the
complaint by making reasonable efforts to ensure that the party named
in the complaint complies with the provisions of section 4212 or 4215,
as appropriate.
``(2) If, within 90 days after the date on which the complaint is
filed, the efforts to resolve the complaint are unsuccessful, the
Secretary of Labor shall notify the individual who submitted the
complaint of--
``(A) the results of the investigation; and
``(B) the individual's rights.
``(d) Action for Relief.--(1) An individual who receives from the
Secretary of Labor a notification under subsection (c) relating to a
complaint may request that the Secretary refer the complaint to the
Attorney General of the United States. If the Attorney General is
reasonably satisfied that the person on whose behalf the complaint is
referred is entitled to the rights or benefits sought, the Attorney
General may appear on behalf of, and act as attorney for, the person on
whose behalf the complaint is submitted and commence an action for
relief for such person in any United States district court.
``(2) An individual may commence an action for relief with respect
to a complaint if that individual--
``(A) has chosen not to file a complaint under subsection
(b);
``(B) has chosen not to request that the Secretary of Labor
refer the complaint to the Attorney General under paragraph
(1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(e) Remedies.--(1) In any action under this section, the court
may award relief as follows:
``(A) The court may require the entity to comply with the
provisions of section 4212 or 4215 of this title, as
appropriate.
``(B) The court may require the entity to compensate the
individual for any loss of wages or benefits suffered by reason
of such entity's failure to comply with the such provisions.
``(C) The court may require the entity to pay the
individual an amount equal to the amount referred to in clause
(ii) as liquidated damages, if the court determines that the
entity's failure to comply with the provisions of such section
was willful.
``(2) Any compensation under subparagraph (B) or (C) of paragraph
(1) shall be in addition to, and shall not diminish, any of the other
rights and benefits provided for in such section.
``(3) The United States and a State shall be subject to the same
remedies, including prejudgment interest, as may be imposed upon any
private entity under this section.
``(f) Fees.--In any action or proceeding to enforce a provision of
section 4212 or 4215 of this title by an individual under subsection
(d)(2) who obtained private counsel for such action or proceeding, the
court may award any such individual who prevails in such action or
proceeding reasonable attorney fees, expert witness fees, and other
litigation expenses.
``(g) Equity Powers.--The court may use its full equity powers,
including temporary or permanent injunctions, temporary restraining
orders, and contempt orders, to vindicate fully the rights or benefits
of individuals pursuant to this section.
``(h) Standing.--An action under this section may be initiated only
by an individual claiming rights or benefits under section 4212 or 4215
of this title, not by any other entity with obligations under such
section.
``(i) Respondent.--In any such action, only an entity with
obligations under section 4212 or 4215, as the case may be, shall be a
necessary party respondent.
``(j) Inapplicability of State Statute of Limitations.--No State
statute of limitations shall apply to any proceeding pursuant to this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 42 of such title, as amended by section 2, is further amended
by inserting after the item relating to section 4215 the following new
item:
``4216. Enforcement of veterans' employment rights and benefits.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to complaints filed on or after the date that is 60
days after the date of the enactment of this Act.
SEC. 6. ADDITIONAL PERSONNEL.
The Secretary of Labor is authorized to allocate an additional 10
full-time equivalent positions from the Employment and Training
Administration to the Veterans' Employment and Training Service to
carry out chapter 42 of title 38, United States Code, as amended by
this Act. | Veterans' Employment and Training Bill of Rights Act of 1999 - Entitles the following covered persons to priority of services under any qualified employment training program if the person otherwise meets program eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a permanent total disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed for more than 90 days as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities that administer such programs to inform individuals of the availability of such services.
(Sec. 3) Requires Federal contracts of $25,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded.
(Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government.
(Sec. 5) Directs the Secretary of Labor to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims, by qualifying individuals, that an entity has failed to comply with hiring requirements of this Act.
(Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals. | {"src": "billsum_train", "title": "Veterans' Employment and Training Bill of Rights Act of 1999"} | 3,472 | 468 | 0.6345 | 1.850738 | 0.755336 | 3.635731 | 7.712297 | 0.935035 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Your Data Against Telecom
Abuses Act of 2017'' or the ``MY DATA Act of 2017''.
SEC. 2. PROTECTING BROADBAND USERS FROM UNFAIR OR DECEPTIVE ACTS OR
PRACTICES RELATING TO PRIVACY OR DATA SECURITY.
(a) Definitions.--In this section:
(1) Broadband provider.--The term ``broadband provider''
means a person who provides a mass-market retail service by
wire or radio that provides the capability to transmit data to
and receive data from all or substantially all Internet
endpoints, including any capabilities that are incidental to
and enable the operation of the communications service, but
excluding dial-up Internet access service.
(2) Edge provider.--The term ``edge provider'' means any
person who--
(A) provides any content, application, or service
over the Internet; or
(B) provides a device used for accessing any
content, application, or service over the Internet.
(b) Prohibition.--
(1) In general.--It is unlawful for a broadband provider or
edge provider to use an unfair or deceptive act or practice
relating to privacy or data security in or affecting commerce.
(2) Rule of construction.--Paragraph (1) shall not be
construed to imply that it was lawful before the date of the
enactment of this Act for a broadband provider or an edge
provider to use an unfair or deceptive act or practice relating
to privacy or data security in or affecting commerce.
(c) Regulations.--The Federal Trade Commission may, after
consulting with the Federal Communications Commission, promulgate such
regulations under section 553 of title 5, United States Code, as the
Federal Trade Commission considers appropriate to carry out this
section.
(d) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (b)(1) shall be treated as an unfair or deceptive
act or practice in violation of a regulation prescribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--
(A) In general.--Except as provided in subparagraph
(C), the Federal Trade Commission shall enforce this
Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this Act
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Common carriers and nonprofit organizations.--
Notwithstanding section 4, 5(a)(2), or 6 of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2), and 46)
or any jurisdictional limitation of the Federal Trade
Commission, the Commission shall also enforce this Act,
in the same manner provided in subparagraphs (A) and
(B) of this paragraph, with respect to--
(i) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.) and Acts amendatory thereof and
supplementary thereto; and
(ii) organizations not organized to carry
on business for their own profit or that of
their members.
(e) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(b)(1) in a practice that violates such subsection, the
attorney general of the State may, as parens patriae, bring a
civil action on behalf of the residents of the State in an
appropriate district court of the United States to obtain
appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action against a person subject to
subsection (b)(1).
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Action by federal trade commission.--If the Federal
Trade Commission institutes a civil action with respect to a
violation of subsection (b)(1), the attorney general of a State
may not, during the pendency of such action, bring a civil
action under paragraph (1) of this subsection against any
defendant named in the complaint of the Commission for the
violation with respect to which the Commission instituted such
action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(7) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law. | Managing Your Data Against Telecom Abuses Act of 2017 or the MY DATA Act of 2017 This bill prohibits providers of Internet broadband services or of Internet content, applications, or devices from using unfair or deceptive acts or practices relating to privacy or data security. The Federal Trade Commission (FTC), after consulting with the Federal Communications Commission (FCC), may promulgate regulations to carry out such prohibition. The FTC may also enforce this bill against common carriers regulated by the FCC under the Communications Act of 1934 and nonprofit organizations. (Currently, common carriers regulated under the Communications Act are exempt from the FTC's enforcement authority and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members.) A state may bring a civil action in federal court to enforce such prohibition. | {"src": "billsum_train", "title": "Managing Your Data Against Telecom Abuses Act of 2017"} | 1,671 | 179 | 0.556312 | 1.677408 | 0.804634 | 2.33758 | 9.509554 | 0.821656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Determination
Act of 2001''.
SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT
EMPLOYEES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding after section 3510 the following new section:
``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE
NOT EMPLOYEES.
``(a) Safe Harbor.--
``(1) In general.--For purposes of this title, if the
requirements of subsections (b), (c), and (d), or the
requirements of subsections (d) and (e), are met with respect
to any service performed by any individual, then with respect
to such service--
``(A) the service provider shall not be treated as
an employee,
``(B) the service recipient shall not be treated as
an employer,
``(C) the payor shall not be treated as an
employer, and
``(D) compensation paid or received for such
service shall not be treated as paid or received with
respect to employment.
``(2) Availability of safe harbor not to limit application
of other laws.--Nothing in this section shall be construed--
``(A) as limiting the ability of a service
provider, service recipient, or payor to apply other
provisions of this title, section 530 of the Revenue
Act of 1978, or the common law in determining whether
an individual is not an employee, or
``(B) as a prerequisite for the application of any
provision of law described in subparagraph (A).
``(b) Service Provider Requirements With Regard to the Service
Recipient.--For purposes of subsection (a), the requirements of this
subsection are met if the service provider, in connection with
performing the service--
``(1) has the ability to realize a profit or loss,
``(2) agrees to perform services for a particular amount of
time or to complete a specific result or task, and
``(3) either--
``(A) has a significant investment in assets, or
``(B) incurs unreimbursed expenses which are
ordinary and necessary to the service provider's
industry and which represent an amount equal to at
least 2 percent of the service provider's gross income
attributable to services performed pursuant to 1 or
more contracts described in subsection (d).
``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if the service provider--
``(1) has a principal place of business,
``(2) does not primarily provide the service at a single
service recipient's facilities,
``(3) pays a fair market rent for use of the service
recipient's facilities, or
``(4) operates primarily from equipment supplied by the
service provider.
``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the service provider are performed pursuant to a written
contract between such service provider and the service recipient, or
the payor, and such contract provides that the service provider will
not be treated as an employee with respect to such services for Federal
tax purposes and that the service provider is responsible for the
provider's own Federal, State, and local income taxes, including self-
employment taxes and any other taxes.
``(e) Business Structure and Benefits Requirements.--For purposes
of subsection (a), the requirements of this subsection are met if the
service provider--
``(1) conducts business as a properly constituted
corporation or limited liability company under applicable State
laws, and
``(2) does not receive from the service recipient or payor
any benefits that are provided to employees of the service
recipient.
``(f) Special Rules.--For purposes of this section--
``(1) Failure to meet reporting requirements.--If for any
taxable year any service recipient or payor fails to meet the
applicable reporting requirements of section 6041(a) or
6041A(a) with respect to a service provider, then, unless the
failure is due to reasonable cause and not willful neglect, the
safe harbor provided by this section for determining whether
individuals are not employees shall not apply to such service
recipient or payor with respect to that service provider.
``(2) Corporation and limited liability company service
providers.--
``(A) Returns required.--If, for any taxable year,
any corporation or limited liability company fails to
file all Federal income and employment tax returns
required under this title, unless the failure is due to
reasonable cause and not willful neglect, subsection
(e) shall not apply to such corporation or limited
liability company.
``(B) Reliance by service recipient or payor.--If a
service recipient or a payor--
``(i) obtains a written statement from a
service provider which states that the service
provider is a properly constituted corporation
or limited liability company, provides the
State (or in the case of a foreign entity, the
country), and year of, incorporation or
formation, provides a mailing address, and
includes the service provider's employer
identification number, and
``(ii) makes all payments attributable to
services performed pursuant to 1 or more
contracts described in subsection (d) to such
corporation or limited liability company,
then the requirements of subsection (e)(1) shall be
deemed to have been satisfied.
``(C) Availability of safe harbor.--
``(i) In general.--For purposes of this
section, unless otherwise established to the
satisfaction of the Secretary, the number of
covered workers which are not treated as
employees by reason of subsection (e) for any
calendar year shall not exceed the threshold
number for the calendar year.
``(ii) Threshold number.--For purposes of
this paragraph, the term `threshold number'
means, for any calendar year, the greater of
(I) 10 covered workers, or (II) a number equal
to 3 percent of covered workers.
``(iii) Covered worker.--For purposes of
this paragraph, the term `covered worker' means
an individual for whom the service recipient or
payor paid employment taxes under subtitle C in
all 4 quarters of the preceding calendar year.
``(3) Burden of proof.--For purposes of subsection (a),
if--
``(A) a service provider, service recipient, or
payor establishes a prima facie case that it was
reasonable not to treat a service provider as an
employee for purposes of this section, and
``(B) the service provider, service recipient, or
payor has fully cooperated with reasonable requests
from the Secretary or his delegate,
then the burden of proof with respect to such treatment shall
be on the Secretary.
``(4) Related entities.--If the service provider is
performing services through an entity owned in whole or in part
by such service provider, the references to service provider in
subsections (b) through (e) shall include such entity if the
written contract referred to in subsection (d) is with such
entity.
``(g) Determinations by the Secretary.--For purposes of this
title--
``(1) In general.--
``(A) Determinations with respect to a service
recipient or a payor.--A determination by the Secretary
that a service recipient or a payor should have treated
a service provider as an employee shall be effective no
earlier than the notice date if--
``(i) the service recipient or the payor
entered into a written contract satisfying the
requirements of subsection (d),
``(ii) the service recipient or the payor
satisfied the applicable reporting requirements
of section 6041(a) or 6041A(a) for all
taxable years covered by the contract described in clause (i), and
``(iii) the service recipient or the payor
demonstrates a reasonable basis for determining
that the service provider is not an employee
and that such determination was made in good
faith.
``(B) Determinations with respect to a service
provider.--A determination by the Secretary that a
service provider should have been treated as an
employee shall be effective no earlier than the notice
date if--
``(i) the service provider entered into a
contract satisfying the requirements of
subsection (d),
``(ii) the service provider satisfied the
applicable reporting requirements of sections
6012(a) and 6017 for all taxable years covered
by the contract described in clause (i), and
``(iii) the service provider demonstrates a
reasonable basis for determining that the
service provider is not an employee and that
such determination was made in good faith.
``(C) Reasonable cause exception.--The requirements
of subparagraph (A)(ii) or (B)(ii) shall be treated as
being met if the failure to satisfy the applicable
reporting requirements is due to reasonable cause and
not willful neglect.
``(2) Construction.--Nothing in this subsection shall be
construed as limiting any provision of law that provides an
opportunity for administrative or judicial review of a
determination by the Secretary.
``(3) Notice date.--For purposes of this subsection, the
notice date is the 30th day after the earlier of--
``(A) the date on which the first letter of
proposed deficiency that allows the service provider,
the service recipient, or the payor an opportunity for
administrative review in the Internal Revenue Service
Office of Appeals is sent, or
``(B) the date on which the deficiency notice under
section 6212 is sent.
``(h) Definitions.--For the purposes of this section--
``(1) Service provider.--The term `service provider' means
any individual who performs a service for another person.
``(2) Service recipient.--Except as provided in paragraph
(4), the term `service recipient' means the person for whom the
service provider performs such service.
``(3) Payor.--Except as provided in paragraph (4), the term
`payor' means the person who pays the service provider for the
performance of such service in the event that the service
recipient does not pay the service provider.
``(4) Exceptions.--The terms `service recipient' and
`payor' do not include any entity in which the service provider
owns in excess of 5 percent of--
``(A) in the case of a corporation, the total
combined voting power of stock in the corporation, or
``(B) in the case of an entity other than a
corporation, the profits or beneficial interests in the
entity.
``(5) In connection with performing the service.--The term
`in connection with performing the service' means in connection
or related to the operation of the service provider's trade or
business.
``(6) Principal place of business.--For purposes of
subsection (c), the term `principal place of business' has the
same meaning as under section 280A(c)(1).
``(7) Fair market rent.--The term `fair market rent' means
a periodic, fixed minimum rental fee which is based on the fair
rental value of the facilities and is established pursuant to a
written contract with terms similar to those offered to
unrelated persons for facilities of similar type and
quality.''.
(b) Repeal of Section 530(d) of the Revenue Act of 1978.--Section
530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax
Reform Act of 1986) is repealed.
(c) Clerical Amendment.--The table of sections for chapter 25 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 3511. Safe harbor for determining
that certain individuals are
not employees.''
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to services performed after the date of the enactment of
this Act.
(2) Determinations by the secretary.--Section 3511(g) of
the Internal Revenue Code of 1986 (as added by subsection (a))
shall apply to determinations after the date of the enactment
of this Act.
(3) Section 530(d).--The amendment made by subsection (b)
shall apply to periods ending after the date of the enactment
of this Act. | Independent Contractor Determination Act of 2001 - Amends the Internal Revenue Code to set forth criteria for determining whether a service provider and a service recipient are in an employer-employee or an independent contractor relationship.Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, to repeal the prohibition on treating certain technical service providers as independent contractors. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a safe harbor for determining that certain individuals are not employees."} | 2,804 | 85 | 0.541491 | 1.22148 | 0.672704 | 2 | 37.536232 | 0.811594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remote Sensing Applications Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) although urban land use planning, growth management,
and other functions of State, local, regional, and tribal
agencies are rightfully within their jurisdiction, the Federal
Government can and should play an important role in the
development and demonstration of innovative techniques to
improve comprehensive land use planning and growth management;
(2) the United States is making a major investment in
acquiring remote sensing and other geospatial information from
both governmental and commercial sources;
(3) while much of the data is being acquired for scientific
and national security purposes, it also can have important
applications to help meet societal goals;
(4) it has already been demonstrated that Landsat,
commercial, and other earth observation data can be of enormous
assistance to Federal, State, local, regional, and tribal
agencies for urban land use planning, coastal zone management,
natural and cultural resource management, and disaster
monitoring;
(5) remote sensing, coupled with the emergence of
geographic information systems and satellite-based positioning
information, offers the capability of developing important new
applications of integrated sets of geospatial information to
address societal needs;
(6) the full range of applications of commercial and civil
remote sensing and other forms of geospatial information to
meeting public sector requirements has not been adequately
explored or exploited;
(7) the Land Remote Sensing Policy Act of 1992,
Presidential Decision Directive 23 of 1994, the Commercial
Space Act of 1998, and the United States Commercial Remote
Sensing Policy, issued by the President on April 25, 2003, all
support and promote the development of United States commercial
remote sensing capabilities;
(8) many State, local, regional, tribal, and Federal
agencies are unaware of the utility of remote sensing and other
geospatial information for meeting their needs, even when
research has demonstrated the potential applications of that
information;
(9) remote sensing and other geospatial information can be
particularly useful to State, local, regional, and tribal
agencies in the area of urban planning, especially in their
efforts to plan for and manage the impacts of growth,
development, and sprawl, as well as in environmental impact and
disaster relief planning and management;
(10) the National Aeronautics and Space Administration, in
coordination with other agencies, can play a unique role in
demonstrating how data acquired for scientific purposes, when
combined with other data sources and processing capabilities,
can be applied to assist State, local, regional, and tribal
agencies and the private sector in decisionmaking in such areas
as agriculture, weather forecasting, and forest management; and
(11) in addition, the National Aeronautics and Space
Administration, in conjunction with other agencies, can play a
unique role in stimulating the development of the remote
sensing and other geospatial information sectors through pilot
projects to demonstrate the value of integrating governmental
and commercial remote sensing data with geographic information
systems and satellite-based positioning data to provide useful
applications products.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration;
(2) the term ``geospatial information'' means knowledge of
the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or
spaceborne platforms or other types and sources of data;
(3) the term ``high resolution'' means resolution better
than five meters; and
(4) the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.
(a) In General.--The Administrator shall establish a program of
grants for competitively awarded pilot projects to explore the
integrated use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this section, the
Administrator shall give preference to projects that--
(1) make use of commercial data sets, including high
resolution commercial satellite imagery and derived satellite
data products, existing public data sets where commercial data
sets are not available or applicable, or the fusion of such
data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-provided
positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that data
with other geospatial information, to create data products that
have significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the Administrator
shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management.
(d) Duration.--Assistance for a pilot project under subsection (a)
shall be provided for a period not to exceed 3 years.
(e) Report.--Each recipient of a grant under subsection (a) shall
transmit a report to the Administrator on the results of the pilot
project within 180 days of the completion of that project.
(f) Workshop.--Each recipient of a grant under subsection (a)
shall, not later than 180 days after the completion of the pilot
project, conduct at least one workshop for potential users to
disseminate the lessons learned from the pilot project as widely as
feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation procedures for
pilot projects, and guidelines for reports and workshops required by
this section.
SEC. 5. PROGRAM EVALUATION.
(a) Advisory Committee.--The Administrator shall establish an
advisory committee, consisting of individuals with appropriate
expertise in State, local, regional, and tribal agencies, the
university research community, and the remote sensing and other
geospatial information industry, to monitor the program established
under section 4. The advisory committee shall consult with the Federal
Geographic Data Committee and other appropriate industry
representatives and organizations. Notwithstanding section 14 of the
Federal Advisory Committee Act, the advisory committee established
under this subsection shall remain in effect until the termination of
the program under section 4.
(b) Effectiveness Evaluation.--Not later than December 31, 2009,
the Administrator shall transmit to the Congress an evaluation of the
effectiveness of the program established under section 4 in exploring
and promoting the integrated use of sources of remote sensing and other
geospatial information to address State, local, regional, and tribal
agency needs. Such evaluation shall have been conducted by an
independent entity.
SEC. 6. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of the
pilot projects completed under section 4 shall be retrievable through
an electronic, Internet-accessible database.
SEC. 7. EDUCATION.
The Administrator shall establish an educational outreach program
to increase awareness at institutions of higher education and State,
local, regional, and tribal agencies of the potential applications of
remote sensing and other geospatial information.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
$15,000,000 for each of the fiscal years 2006 through 2010 to carry out
this Act. | Remote Sensing Applications Act of 2005 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects.
Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management.
Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project.
(Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations.
Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness.
(Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database.
(Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Authorizes appropriations. | {"src": "billsum_train", "title": "To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes."} | 1,641 | 361 | 0.591134 | 1.979361 | 0.778604 | 5.084691 | 5.153094 | 0.941368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Act to Sustain the Protection of
Immigrant Residents Earned through TPS Act of 2017'' or the ``ASPIRE-
TPS Act of 2017''.
SEC. 2. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED
STATES.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 244 the following:
``SEC. 244A. PROTECTED STATUS FOR CERTAIN ALIENS PRESENT IN THE UNITED
STATES.
``(a) In General.--Notwithstanding any other provision of law,
including section 244(h), the Secretary of Homeland Security shall
grant protected status under this section to an alien who meets the
eligibility requirements under subsection (b).
``(b) Eligibility Requirements.--The eligibility requirements are
the following:
``(1) On January 1, 2017, the alien had been granted or was
eligible for Deferred Enforced Departure or for temporary
protected status under section 244.
``(2) The alien has continuously resided in the United
States for the 5-year period prior to the date of the enactment
of this section.
``(3) The alien is admissible as an immigrant, except as
otherwise provided under paragraph (2)(A) of section 244, and
is not ineligible under paragraph (2)(B) of such section,
except that in making such a determination, no conviction for a
misdemeanor which conviction occurred earlier than 6 years
prior to the date on which the alien applies for status, or a
renewal of such status, under this section may be considered.
``(4) To the extent and in a manner which the Secretary
establishes, the alien registers for the protected status under
this section during a registration period of not less than one
year.
``(c) Duration of Status.--Protected status under this section
shall be for a period of 6 years, and may be renewed for additional 6-
year periods. An alien seeking to renew protected status under this
section shall re-register with the Secretary.
``(d) Notice.--
``(1) In general.--Not later than 30 days after the first
day of the registration period under subsection (b)(4), the
Secretary shall provide each alien who was granted temporary
protected status under section 244 or Deferred Enforced
Departure with information concerning protected status under
this section.
``(2) Removal proceedings.--
``(A) In general.--The Secretary shall promptly
notify any alien against whom removal proceedings are
initiated who is a national of a country (or in the
case of an alien having no nationality, the country in
which the alien last habitually resided) that on
January 1, 2017, was designated under section 244 or
under the Deferred Enforced Departure program, that
status under this section may be available.
``(B) Removal proceedings initiated prior to the
date of enactment.--The Secretary shall promptly notify
any alien who is in removal proceedings on the date of
the enactment of this section and who is a national of
a country (or in the case of an alien having no
nationality, the country in which the alien last
habitually resided) that on January 1, 2017, was
designated under section 244 or under the Deferred
Enforced Departure program, that status under this
section may be available.
``(3) Form.--Notices under this paragraph shall be provided
in a form and language that the alien can understand.
``(e) Temporary Treatment for Eligible Aliens.--
``(1) Registration not available.--In the case of an alien
who can establish a prima facie case of eligibility for
protected status under this section, but for the fact that the
period of registration under subsection (b)(4) has not begun,
until the alien has had a reasonable opportunity to register
during the first 30 days of such period, the Secretary shall
provide the alien with work authorization under subsection (f),
and shall not initiate or proceed with removal proceedings
against the alien.
``(2) Determination pending.--In the case of an alien who
establishes a prima facie case of eligibility for protected
status under this section, until a final determination with
respect to the alien's eligibility for such status has been
made, the Secretary shall provide the alien with work
authorization under subsection (f), and shall not initiate or
proceed with removal proceedings against the alien.
``(f) Work Authorization.--
``(1) In general.--The Secretary shall authorize each alien
granted protected status under this section to engage in
employment in the United States and provide the alien with an
`employment authorized' endorsement or other appropriate work
permit.
``(2) Duration.--Work authorization provided under this
section shall be effective throughout the period the alien is
in protected status.
``(g) Fees.--The Secretary may require payment of a reasonable fee,
in an amount not to exceed $50, as a condition of registering an alien
under this section. The Secretary may impose a separate, additional fee
for providing an alien with documentation of work authorization.
Notwithstanding section 3302 of title 31, United States Code, all fees
collected under this subparagraph shall be credited to the
appropriation to be used in carrying out this section.
``(h) Withdrawal of Protected Status.--The Secretary shall withdraw
protected status granted to an alien under this section if--
``(1) the Secretary finds that the alien was not in fact
eligible for such status under this section; or
``(2) the alien fails, without good cause, to register with
the Secretary at the end of each 36-month period after the
granting of such status, in a form and manner specified by the
Secretary.
``(i) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--
``(1) In general.--For purposes of subsection (b)(2), an
alien shall not be considered to have failed to maintain
continuous residence in the United States by virtue of brief,
casual, and innocent absences from the United States without
regard to whether such absences were authorized by the
Secretary.
``(2) Renewal of protected status.--For purposes of
subsection (b)(2), in the case of an alien seeking to renew
protected status under this section, absence from the United
States for a continuous period, beginning on the date on which
the Secretary most recently granted or renewed the alien's
protected status under this section--
``(A) of one year or less, shall not break the
continuity of such residency requirement; and
``(B) of longer than one year, shall break the
continuity of such residence, unless the applicant
establishes to the satisfaction of the Secretary that
he did not abandon his residence in the United States
during such period.
``(j) Confidentiality.--
``(1) In general.--The Secretary may not disclose or use
information provided under this section for the purpose of
enforcing the immigration laws.
``(2) Referrals prohibited.--The Secretary may not refer
any alien granted protected status under this section to U.S.
Immigration and Customs Enforcement or to U.S. Customs and
Border Protection.
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
the Secretary may disclose information provided under this
section to Federal security and law enforcement agencies--
``(A) for assistance in the consideration of an
application for protected status under this section;
``(B) to identify or prevent fraudulent claims for
protected status under this section;
``(C) for national security purposes; and
``(D) in relation to the investigation or
prosecution of any felony not related to the alien's
immigration status.
``(4) Penalty.--Whoever knowingly discloses or uses
information in violation of this subsection shall be fined not
more than $10,000.
``(k) Treatment During Period of Protected Status.--During a period
in which an alien is granted protected status under this section--
``(1) the alien shall be considered a qualified alien for
purposes of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996;
``(2) the alien may travel abroad without the prior consent
of the Secretary; and
``(3) for purposes of adjustment of status under section
245 and change of classification under section 248, the alien
shall be considered as having been inspected and admitted into
the United States, and as being in, and maintaining lawful
status as a nonimmigrant.
``(l) Clarification.--Nothing in this section shall be construed as
authorizing the Secretary to deny protected status to an alien based on
the alien's immigration status or to require any alien, as a condition
of being granted such status, either to relinquish nonimmigrant or
other status the alien may have or to execute any waiver of other
rights under this chapter. The granting of protected status under this
section shall not be considered to be inconsistent with the granting of
nonimmigrant status under this chapter.
``(m) Adjustment of Status in Cases of Extreme Hardship.--
``(1) In general.--Notwithstanding any other provision of
law, including section 244(h), the Secretary of Homeland
Security shall adjust the status of an alien to that of an
alien lawfully admitted for permanent residence if the alien--
``(A) meets the eligibility requirements of
paragraphs (1) and (3) of subsection (b);
``(B) establishes that removal would result in
extreme hardship to the alien or to the alien's United
States citizen or lawful permanent resident spouse,
parent, or child; and
``(C) submits an application to the Secretary.
``(2) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 shall not apply to the
adjustment of aliens to lawful permanent resident status under
this section.
``(3) Rule of construction.--This subsection does not
prevent an alien granted protected status under this section
who does not meet the requirement of paragraph (1)(B) from
adjusting status under section 245.
``(n) Review.--The Secretary shall establish a process for an alien
denied protected status under this section to seek review of such a
determination. Such process shall not prevent an alien from asserting
eligibility for status under this section in removal proceedings.''.
SEC. 3. TEMPORARY PROTECTED STATUS CLARIFICATIONS.
(a) Expunged Convictions Not a Bar.--Section 244(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)) is amended by
adding at the end the following:
``(C) Conviction.--For purposes of this paragraph,
the term `conviction' does not include an adjudication
or judgment of guilt that has been dismissed, expunged,
deferred, annulled, invalidated, withheld, or vacated,
an order of probation without entry of judgment, or any
similar disposition.''.
(b) Aliens Considered Inspected and Admitted Into the United
States.--Section 244(f)(4) of the Immigration and Nationality Act (8
U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the
following: ``as having been inspected and admitted into the United
States, and''.
SEC. 4. REPORT ON PROTECTED STATUS.
On the date that is 90 days after the date of the enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland Security
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report that includes, for the
previous 90-day period--
(1) the number of aliens who submitted applications to the
Secretary for protected status under section 244A of the
Immigration and Nationality Act;
(2) the number of such applications that were approved;
(3) the number of aliens present in the United States with
protected status, including information related to the States
in which such aliens reside, the ages of such aliens, and the
duration of their residence in the United States; and
(4) any additional information determined appropriate by
the Secretary. | Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017 or the ASPIRE-TPS Act of 2017 This bill amends the Immigration and Nationality Act to provide six-year, renewable protected status for an alien who: (1) as of January 1, 2017, had been granted or was eligible for deferred enforced departure or temporary protected status, (2) has continuously resided in the United States for five years, (3) is admissible as an immigrant, and (4) registers as required. Aliens may work while in protected status. Protected status shall be withdrawn if an alien was not entitled to such status or fails to register with the Department of Homeland Security (DHS) every 36 months. Absences from the United States of one year or less shall not break residence continuity. Absences longer than one year shall break residence continuity unless the alien establishes that he or she did not abandon U.S. residency. DHS shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien: (1) meets certain eligibility requirements; (2) establishes that removal would result in extreme hardship to the alien or to the alien's U.S. citizen or lawful permanent resident spouse, parent, or child; and (3) submits an application. | {"src": "billsum_train", "title": "Act to Sustain the Protection of Immigrant Residents Earned through TPS Act of 2017"} | 2,715 | 283 | 0.624361 | 1.734991 | 0.868473 | 4.100806 | 9.983871 | 0.939516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding and Promoting Expertise in
Rare Treatments Act of 2012'' or the ``ExPERT Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Biomedical research is yielding discoveries that are
leading to the development of new therapies that hold great
promise for treating disease.
(2) Scientists are increasingly unlocking the potential for
targeting treatments according to genetic defect.
(3) Many of the new therapies that are under development in
laboratories across the Nation are targeted to rare diseases,
small subsets of diseases of significant incidence, or even
small subsets of rare diseases.
(4) Progress in the development of targeted therapies,
while of great promise for those with disease or disability,
requires the Food and Drug Administration to develop or obtain
expertise in many diseases and disease subtypes.
(5) In previous circumstances when the Food and Drug
Administration has consulted with rare drug experts, the agency
has been able to move new therapies to market with greater
efficiency.
(6) The Food and Drug Administration benefits from this
type of consultation with external experts who have a deep
understanding of the diseases or disease subtypes that are
targeted by new therapies.
(7) Access to external experts provides valuable advice
about rare diseases or disease subtypes, disease severity, and
unmet medical needs.
SEC. 3. CONSULTATION WITH EXTERNAL EXPERTS.
Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the
following:
``SEC. 568. CONSULTATION WITH EXTERNAL EXPERTS ON RARE DISEASES,
TARGETED THERAPIES, AND GENETIC TARGETING OF TREATMENTS.
``(a) In General.--
``(1) Opportunities for consultation.--The Secretary shall
ensure that opportunities exist, at a time the Secretary
determines appropriate, for consultation with external experts
on the topics described in subsection (c), for the purpose of
promoting the efficiency of and informing the review by the
Food and Drug Administration of drugs and biologic products for
rare diseases and drugs and biologic products that are
genetically targeted.
``(2) Consultation.--The Center for Drug Evaluation and
Research and the Center for Biologics Evaluation and Research
shall, when appropriate, seek the opinion of external experts
on any topic, including the topics described in subsection (c),
by initiating contact with such experts. External experts may
also request the opportunity to meet with a review division
regarding any topic described in subsection (c).
``(b) External Experts.--The external experts under subsection (a)
may include--
``(1) representatives of patient, consumer, research, and
health professional organizations with expertise relevant to
the review of rare disease products;
``(2) experts on rare diseases, rare subtypes of rare and
other diseases, and genetic targeting of treatments, including
experts from academia; and
``(3) experts in innovative clinical trial designs for
small target populations.
``(c) Topics for Consultation.--Topics for consultation may
include--
``(1) rare diseases;
``(2) the severity of rare diseases;
``(3) the unmet medical need associated with rare diseases;
``(4) the willingness and ability of individuals with a
rare disease to participate in clinical trials;
``(5) an assessment of the benefits and risks, including
side effects, of current and investigational therapies;
``(6) the design of clinical trials for rare disease
populations and subpopulations, including regulatory and
scientific policies affecting the design of such trials; and
``(7) demographics and the clinical description of patient
populations.
``(d) Classification as Special Government Employees.--The external
experts who are consulted under this section may be considered special
government employees, as defined under section 202 of title 18, United
States Code.
``(e) Proprietary Information.--Nothing in this section shall be
construed to create a right for any external expert, as described in
subsection (b), to obtain access to proprietary information of a
sponsor without the permission of such sponsor.
``(f) No Right or Obligation.--Nothing in this section shall be
construed to create a legal right for a consultation on any matter or
require the Secretary to meet with any particular expert.''. | Expanding and Promoting Expertise in Rare Treatments Act of 2012 or EXPERT Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to ensure that opportunities exist for consultation with external experts to promote the efficiency of and inform the review by the Food and Drug Administration (FDA) of drugs and biologic products for rare diseases and drugs and biologic products that are genetically targeted.
Requires the Center for Drug Evaluation and Research and the Center for Biologics Evaluation and Research to seek the opinion of external experts on topics that may include: (1) rare diseases; (2) the severity of rare diseases; (3) the unmet medical need associated with rare diseases; (4) the willingness and ability of individuals with a rare disease to participate in clinical trials; (5) an assessment of the benefits and risks, including side effects, of current and investigational therapies; (6) the design of clinical trials for rare disease populations and subpopulations; and (7) demographics and the clinical description of patient populations. Authorizes: (1) external experts to request the opportunity to meet with a review division regarding any such topic, and (2) external experts who are consulted to be considered special government employees.
Declares that nothing in this Act shall be construed to: (1) create a right for any external expert to obtain access to proprietary information of a sponsor without that sponsor's permission or a legal right for a consultation on any matter, or (2) require the Secretary to meet with any particular expert. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to strengthen the ability of the Food and Drug Administration to seek advice from external experts regarding rare diseases, the burden of rare diseases, and the unmet medical needs of individuals with rare diseases."} | 963 | 329 | 0.711624 | 2.471558 | 0.814103 | 6.168831 | 2.961039 | 0.954545 |
s.--
(1) Reported bills and joint resolutions.--For each bill or
joint resolution of a public character reported by any
committee of authorization of the House of Representatives or
of the Senate, the Director shall prepare and submit to the
committee a statement as follows:
(A) Direct costs below threshold.--If the Director
estimates that the direct costs of all Federal mandates
in the bill or joint resolution will not equal or
exceed $50,000,000 (adjusted annually for inflation by
the Consumer Price Index) in the fiscal year in which
it (as well as any necessary implementing regulation)
is to be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so state
and shall briefly explain the basis of the estimate.
(B) Direct costs above threshold.--If the Director
estimates that the direct costs of all Federal mandates
in the bill or joint resolution will equal or exceed
$50,000,000 (adjusted annually for inflation by the
Consumer Price Index) in the fiscal year in which it
(as well as any necessary implementing regulation) is
to be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so state
and shall briefly explain the basis of the estimate,
and--
(i) shall include estimates (and shall
briefly explain the basis of the estimates)
of--
(I) the total amount of direct
costs of complying with the Federal
mandates in the bill or joint
resolution; and
(II) the amount, if any, of
increase in authorization of
appropriations under existing Federal
financial assistance programs, or of
authorization of appropriations for new
Federal financial assistance, provided
by the bill or joint resolution and
usable by States, local governments, or
tribal governments for activities
subject to the Federal mandates;
(ii) shall also include estimates, if and
to the extent that the Director determines that
such estimates are reasonably feasible, of--
(I) future costs of Federal
mandates to the extent that they
significantly differ from or extend
beyond the time period of the estimate
referred to in the first clause of this
subparagraph (B); and
(II) any disproportionate budgetary
effects of Federal mandates and of any
Federal financial assistance in the
bill or joint resolution upon any
particular regions of the country or
particular States, local governments,
tribal governments, or urban or rural
or other types of communities; and
(iii) shall also state any amounts
appropriated in the prior fiscal year to fund
the activities subject to the Federal mandate.
(2) Amended bills and joint resolutions; conference
reports.--If the Director has prepared a statement that
includes the determination described in paragraph (1)(B) for a
bill or joint resolution, and if that bill or joint resolution
is passed in an amended form (including if passed by one House
as an amendment in the nature of a substitute for the language
of a bill or joint resolution from the other House) or is
reported by a committee of conference in an amended form, the
committee of conference shall ensure, to the greatest extent
practicable, that the Director shall prepare a supplemental
statement for the bill or joint resolution. The requirements of
section 103 shall not apply to the publication of any
supplemental statement prepared under this subsection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Congressional Budget Office to carry out the
provisions of this Act, and for no other purpose, $2,300,000 for each
of the fiscal years 1995, 1996, 1997, 1998, and 1999.
(e) Technical Amendment.--The State and Local Cost Estimate Act of
1981, Public Law 97-108, is hereby repealed.
SEC. 103. POINT OF ORDER.
(a) In General in the House of Representatives or Senate.--It shall
not be in order in the House of Representatives or Senate to consider
any bill or joint resolution that is reported by any committee of
authorization unless (based upon a ruling of the presiding Officer in
the case of the Senate)--
(1) a committee has published a statement of the Director
in accordance with section 101(c) prior to such consideration;
and
(2) either--
(A) the direct costs of all Federal mandates in the
bill or joint resolution are estimated not to equal or
exceed $50,000,000 (adjusted annually for inflation by
the Consumer Price Index) in the fiscal year in which
it (as well as any necessary implementing regulation)
is to be effective or in any of the 4 fiscal years
following such fiscal year, or
(B)(i) the increase in authorization of
appropriations under existing Federal financial
assistance programs, or of authorization of
appropriations for new Federal financial assistance,
provided by the bill or joint resolution and usable by
States, local governments, or tribal governments for
activities subject to the Federal mandates is at least
equal to the estimated amount of direct costs of the
Federal mandates; and
(ii) the committee of jurisdiction has identified
in the bill or joint resolution one or more of the
following: a reduction in authorization of existing
appropriations, a reduction in direct spending, or an
increase in receipts (consistent with the amount
identified in clause (i).
(b) Amendment To Raise Authorization Level.--Notwithstanding the
terms of subsection (a), it shall not be out of order pursuant to this
section to consider a bill or joint to which an amendment is proposed
and agreed to that would raise the amount of authorization of
appropriations to a level sufficient to satisfy the requirements of
subsections (a)(2)(B) and (a)(2)(C), nor shall it be out of order to
consider such an amendment.
SEC. 104. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101, 102, and 103 are enacted by
Congress--
(1) as an exercise of the rulemaking powers of the House of
Representatives and the Senate, and as such they shall be
considered as part of the rules of the House of Representatives
and the Senate, respectively, and such rules shall supersede
other rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional right of
the House of Representatives and the Senate to change such
rules at any time, in the same manner, and to the same extent
as in the case of any other rule of the House of
Representatives or the Senate, respectively.
SEC. 105. EFFECTIVE DATE.
This title shall apply to bills and joint resolutions reported by a
committee on or after October 1, 1995.
TITLE II--REGULATORY ACCOUNTABILITY AND REFORM
SEC. 201. REGULATORY PROCESS.
(a) Each agency shall assess the effects of Federal regulations on
States, local governments, and tribal governments, including
specifically the availability of resources to carry out any mandates in
those regulations, and seek to minimize those burdens that uniquely or
significantly affect such governmental entities, consistent with
achieving statutory and regulatory objectives.
(b) Each agency shall develop an effective process to permit
elected officials (including their designated representatives) and
other representatives of States, local governments, and tribal
governments to provide meaningful and timely input in the development
of regulatory proposals containing significant Federal mandates. Such a
process shall be consistent with all applicable laws.
(c)(1) Before establishing any regulatory requirements that might
significantly or uniquely affect small governments, agencies shall have
developed a plan under which the agency shall--
(A) provide notice of the contemplated requirements to any
potentially affected small governments,
(B) seek the views of, and consult with, officials of
affected small governments pursuant to subsection (b), and
(C) inform, educate, and advise small governments on
compliance with the requirements.
(2) There are hereby authorized to be appropriated to each agency
to carry out the provisions of this section, and for no other purpose,
such sums as are necessary.
SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY ACTIONS.
(a) In General.--Before promulgating any final rule that includes
any Federal mandates upon States, local governments, or tribal
governments that may result in the expenditures by States, local
governments, or tribal governments, in the aggregate, of $100,000,000
or more (annually adjusted by the Consumer Price Index) in any one
year, and before promulgating any general notice of proposed rulemaking
that is likely to result in promulgation of any such rule, the agency
shall prepare a written statement containing--
(1) estimates by the agency, including the underlying
analysis, of the anticipated costs to States, local
governments, and tribal governments of complying with the
mandate, and of the extent to which such costs may be paid with
funds provided by the Federal Government or otherwise paid
through Federal financial assistance;
(2) estimates by the agency, if and to the extent that the
agency determines that such estimates are reasonably feasible,
of--
(A) the costs of mandates in the regulation that
will be borne in various future time periods; and
(B) any disproportionate budgetary effects of the
mandates upon any particular regions of the country or
particular States, local governments, tribal
governments, or rural or other types of communities;
(3) a qualitative, and if possible, a quantative assessment
of costs and benefits anticipated from the Federal mandate
(such as, but not limited to, the enhancement of health and
safety and the protection of the natural environment); and
(4)(A) a description of the extent of the agency's prior
consultation with elected representatives (including their
designated representatives) of the affected States, local
governments, and tribal governments and of other affected
parties, (B) a summary of the comments and concerns that were
presented by States, local governments, or tribal governments
either orally or in writing to the agency, (C) a summary of the
agency's evaluation of those comments and concerns, and (D) the
agency's position supporting the need to issue the regulation
containing the mandate (considering, among other things, the
extent to which costs may or may not be paid with funds
provided by the Federal Government).
(b) Promulgation.--In promulgating a general notice of proposed
rulemaking or a final rule for which a statement under subsection (a)
is required, the agency shall include in the promulgation a summary of
the information contained in the statement.
(c) Preparation in Conjunction With Other Statement.--Any agency
may prepare any statement required by subsection (a) in conjunction
with or as a part of any other statement or analysis, provided that the
statement or analysis satisfies the provisions of subsection (a).
SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.
(a) The Director of the Office of Management and Budget shall
collect from agencies the statements prepared under section 202 and
provide copies of them to the Director of the Congressional Budget
Office promptly after promulgation of the general notice of proposed
rulemaking or of the final rule for which the statement was prepared.
(b) Each agency shall provide to the Director of the Congressional
Budget Office such information and assistance as he may reasonably
request to assist him in performing his responsibilities under this
Act.
SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.
(a) The Director of the Office of Management and Budget, in
consultation with Federal agencies, shall establish pilot programs in
at least 2 agencies to test innovative, and more flexible regulatory
approaches that--
(1) reduce reporting and compliance burdens on small
governments; and
(2) meet overall statutory goals and objectives.
(b) The pilot program shall focus on rules in effect or proposed
rules, or a combination thereof.
TITLE III--JUDICIAL REVIEW
SEC. 301. JUDICIAL REVIEW.
Any statement or report prepared under this Act, any compliance or
noncompliance with the provisions of this Act, and any determination
concerning the applicability of the provisions of this act shall not be
subject to judicial review. The provisions of this Act shall not create
any right or benefit, substantive or procedural, enforceable by any
person in any administrative or judicial action. No ruling or
determination under this act shall be considered by any court in
determining the intent of Congress or for any other purpose.
TITLE IV--BASELINE STUDY
SEC. 401. BASELINE STUDY OF COSTS AND BENEFITS.
(a) No later than 6 months after the date of enactment of this Act,
the Director of the Bureau of the Census, in consultation with the
Director, shall begin a study to examine the measurement and definition
issues involved in calculating the total costs and benefits to States,
local governments, and tribal governments of compliance with Federal
law. The study shall consider the feasibility of measuring indirect
costs and benefits as well as direct costs and benefits of the Federal,
State, local, and tribal relationship. The study shall consider how to
measure both the direct and indirect benefits of Federal financial
assistance and tax benefits to States, local governments, and tribal
governments.
(b) There are authorized to be appropriated to the Bureau of the
Census to carry out the purposes of this title, $1,000,000 for fiscal
year 1995 and $1,000,000 for fiscal year 1996.
HR 4771 IH----2
HR 4771 IH----3 | TABLE OF CONTENTS:
Title I: Legislative Accountability and Reform
Title II: Regulatory Accountability and Reform
Title III: Judicial Review
Title IV: Baseline Study
Federal Mandate Accountability and Reform Act of 1994 -
Title I: Legislative Accountability and Reform
- Requires each congressional committee of authorization to issue with every reported bill containing a Federal mandate an analysis of the fiscal impact of that mandate on State, local, and tribal governments, especially to the extent it: (1) imposes new enforceable duties; or (2) reduces or eliminates Federal financial assistance.
(Sec. 102) Requires the Director of the Congressional Budget Office (CBO) to study and report on any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on State, local, or tribal governments, especially any direct costs below or above $50 million threshold. Authorizes appropriations to CBO to conduct such studies.
(Sec. 103) Provides for a point of order against any reported legislation unless it has a CBO Director report and either: (1) the direct costs of all Federal mandates in the legislation are estimated at less than $50 million in each of up to five fiscal years; or (2) the increase in authorization of appropriations under existing or for new Federal financial assistance programs provided by the legislation and usable by State, local, or tribal governments for mandate-subject activities is at least equal to the estimated direct costs of the mandates; and (3) the committee of jurisdiction has identified a reduction in authorization of existing appropriations, a reduction in direct spending, or an increase in receipts.
Title II: Regulatory Accountability and Reform
- Requires each agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments, including the availability of resources to carry out any mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives.
(Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals. Authorizes appropriations.
(Sec. 202) Requires each agency to prepare a written statement of specified estimates before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in aggregate State, local, or tribal expenditures of $100 million or more in any one year.
(Sec. 203) Requires the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director.
(Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives.
Title III: Judicial Review
- Declares that any reports or statements prepared under this Act, any compliance or noncompliance with it, and any determination concerning its applicability shall not be subject to judicial review.
Title IV: Baseline Study
- Requires the Director of the Bureau of the Census to examine the measurement and definition issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law. Requires such study to consider the feasibility of measuring indirect costs and benefits as well as the direct costs and benefits of the Federal, State, local, and tribal relationship. Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Mandate Accountability and Reform Act of 1994"} | 2,876 | 792 | 0.641944 | 1.897681 | 0.60502 | 3.614407 | 3.844633 | 0.888418 |
SECTION 1. LEASES OF NAVAJO INDIAN ALLOTTED LANDS.
(a) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Individually owned navajo indian allotted land.--The
term ``individually owned Navajo Indian allotted land'' means
Navajo Indian allotted land that is owned in whole or in part
by 1 or more individuals.
(3) Navajo indian.--The term ``Navajo Indian'' means a
member of the Navajo Nation.
(4) Navajo indian allotted land.--The term ``Navajo Indian
allotted land'' means a single parcel of land that--
(A) is located within the jurisdiction of the
Navajo Nation; and
(B)(i) is held in trust or restricted status by the
United States for the benefit of Navajo Indians or
members of another Indian tribe; and
(ii) was--
(I) allotted to a Navajo Indian; or
(II) taken into trust or restricted status
by the United States for a Navajo Indian.
(5) Owner.--The term ``owner'' means, in the case of any
interest in land described in paragraph (4)(B)(i), the
beneficial owner of the interest.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Approval by the Secretary.--
(1) In general.--The Secretary may approve an oil or gas
lease or agreement that affects individually owned Navajo
Indian allotted land, if--
(A) the owners of not less than the applicable
percentage (determined under paragraph (2)) of the
undivided interest in the Navajo Indian allotted land
that is covered by the oil or gas lease or agreement
consent in writing to the lease or agreement; and
(B) the Secretary determines that approving the
lease or agreement is in the best interest of the
owners of the undivided interest in the Navajo Indian
allotted land.
(2) Percentage interest.--The applicable percentage
referred to in paragraph (1)(A) shall be determined as follows:
(A) If there are 10 or fewer owners of the
undivided interest in the Navajo Indian allotted land,
the applicable percentage shall be 100 percent.
(B) If there are more than 10 such owners, but
fewer than 51 such owners, the applicable percentage
shall be 80 percent.
(C) If there are 51 or more such owners, the
applicable percentage shall be 60 percent.
(3) Authority of secretary to sign lease or agreement on
behalf of certain owners.--The Secretary may give written
consent to an oil or gas lease or agreement under paragraph (1)
on behalf of an individual Indian owner if--
(A) the owner is deceased and the heirs to, or
devisees of, the interest of the deceased owner have
not been determined; or
(B) the heirs or devisees referred to in
subparagraph (A) have been determined, but 1 or more of
the heirs or devisees cannot be located.
(4) Effect of approval.--
(A) Application to all parties.--
(i) In general.--Subject to subparagraph
(B), an oil or gas lease or agreement approved
by the Secretary under paragraph (1) shall be
binding on the parties described in clause
(ii), to the same extent as if all of the
owners of the undivided interest in Navajo
Indian allotted land covered under the lease or
agreement consented to the lease or agreement.
(ii) Description of parties.--The parties
referred to in clause (i) are--
(I) the owners of the undivided
interest in the Navajo Indian allotted
land covered under the lease or
agreement referred to in clause (i);
and
(II) all other parties to the lease
or agreement.
(B) Effect on indian tribe.--If--
(i) an Indian tribe is the owner of a
portion of an undivided interest in Navajo
Indian allotted land; and
(ii) an oil or gas lease or agreement under
paragraph (1) is otherwise applicable to such
portion by reason of this subsection even
though the Indian tribe did not consent to the
lease or agreement,
then the lease or agreement shall apply to such portion
of the undivided interest (including entitlement of the
Indian tribe to payment under the lease or agreement),
but the Indian tribe shall not be treated as a party to
the lease or agreement and nothing in this subsection
(or in the lease or agreement) shall be construed to
affect the sovereignty of the Indian tribe.
(5) Distribution of proceeds.--
(A) In general.--The proceeds derived from an oil
or gas lease or agreement that is approved by the
Secretary under paragraph (1) shall be distributed to
all owners of the undivided interest in the Navajo
Indian allotted land covered under the lease or
agreement.
(B) Determination of amounts distributed.--The
amount of the proceeds under subparagraph (A)
distributed to each owner under that subparagraph shall
be determined in accordance with the portion of the
undivided interest in the Navajo Indian allotted land
covered under the lease or agreement that is owned by
that owner. | Authorizes the Secretary of the Interior to approve any oil or gas lease or agreement that affects individually owned Navajo Indian allotted land if: (1) the owners of no less than the specified applicable percentage of the undivided interest in the Navajo Indian allotted land that is covered by the oil or gas lease or agreement consent in writing; and (2) the Secretary determines that approving the lease or agreement is in the best interest of the owners. Specifies the applicable percentage as: (1) 100 percent if there are ten or fewer owners; (2) 80 percent if there are ten to 50 owners; and (3) 60 percent if there are more than 50 owners.
Authorizes the Secretary to give written consent to such an oil or gas lease or agreement on behalf of an individual Indian owner if: (1) the owner is deceased and the heirs to the interest have not been determined; or (2) the heirs have been determined but one or more cannot be located.
Provides that: (1) an oil or gas lease or agreement approved under this Act shall be binding on all owners of interest in the Navajo Indian allotted land and all parties to the lease or agreement to the same extent as if all of the owners had consented to the lease or agreement; and (2) an approved lease or agreement shall apply to any portion of the undivided interest in allotted lands held by an Indian tribe even though the tribe did not consent.
Provides for the distribution of proceeds derived from the lease or agreement to all owners of the undivided interest in the covered land in accordance with the portion of the undivided interest owned. | {"src": "billsum_train", "title": "A bill to permit the leasing of oil and gas rights on certain lands held in trust for the Navajo Nation or allotted to a member of the Navajo Nation, in any case in which there is consent from a specified percentage interest in the parcel of land under consideration for lease."} | 1,243 | 358 | 0.750856 | 2.235184 | 0.877632 | 4.23125 | 3.3375 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Rio Grande National
Heritage Area Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including eight Pueblos and the descendants of
Spanish ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts,
customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area to
coordinate and assist in the preservation and interpretation of
these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating a
comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern
New Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Northern Rio
Grande National Heritage Area in the State of New Mexico.
(b) Boundaries.--The heritage area shall include the counties of
Santa Fe, Rio Arriba, and Taos.
(c) Management Entity.--
(1) The Northern Rio Grande National Heritage Area, Inc., a
non-profit corporation chartered in the State of New Mexico,
shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall
include representatives of the State of New Mexico, the
counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos
within the heritage area, the cities of Santa Fe, Espanola and
Taos, and members of the general public. The total number of
Board members and the number of Directors representing State,
local and tribal governments and interested communities shall
be established to ensure that all parties have appropriate
representation on the Board.
SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Management Plan.--
(1) Not later than 3 years after the date of enactment of
this Act, the management entity shall develop and forward to
the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement the
management plan in cooperation with affected communities,
tribal and local governments and shall provide for public
involvement in the development and implementation of the
management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation,
funding, management, and development of the resources
of the heritage area;
(B) identify sources of funding.
(C) include an inventory of the cultural,
historical, archaeological, natural, and recreational
resources of the heritage area;
(D) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the heritage area; and
(E) include an analysis of ways in which local,
State, Federal, and tribal programs may best be
coordinated to promote the purposes of this Act.
(4) If the management entity fails to submit a management
plan to the secretary as provided in paragraph (1), the
heritage area shall no longer be eligible to receive Federal
funding under this Act until such time as a plan is submitted
to the Secretary.
(5) The Secretary shall approve or disapprove the
management plan within 90 days after the date of submission. If
the Secretary disapproves the management plan, the Secretary
shall advise the management entity in writing of the reasons
therefore and shall make recommendations for revisions to the
plan.
(6) The management entity shall periodically review the
management plan and submit to the Secretary any recommendations
for proposed revisions to the management plan. Any major
revisions to the management plan must be approved by the
Secretary.
(b) Authority.--The management entity may make grants and provide
technical assistance to tribal and local governments, and other public
and private entities to carry out the management plan.
(c) Duties.--The management entity shall--
(1) give priority in implementing actions set forth in the
management plan;
(2) coordinate with tribal and local governments to better
enable them to adopt land use policies consistent with the
goals of the management plan;
(3) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
(4) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive
exhibits in the heritage area;
(B) developing recreational resources in the
heritage area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical,
archaeological and natural resources and sits in the
heritage area;
(D) the restoration of historic structures related
to the heritage area; and
(E) carrying out other actions that the management
entity determines appropriate to fulfill the purposes
of this Act, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this Act to acquire real
property or an interest in real property.
(e) Public Meetings.--The management entity shall hold public
meetings at least annually regarding the implementation of the
management plan.
(f) Annual Reports and Audits.--
(1) For any year in which the management entity receives
Federal funds under this Act, the management entity shall
submit an annual report to the Secretary setting forth
accomplishments, expenses and income, and each entity to which
any grant was made by the management entity.
(2) The management entity shall make available to the
Secretary for audit all records relating to the expenditure of
Federal funds and any matching funds. The management entity
shall also require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organization make available to the Secretary for audit all
records concerning the expenditure of those funds.
SEC. 6. DUTIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may, upon
request of the management entity, provide technical and financial
assistance to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational resources
of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities consistent with the resources and
associated values of the heritage area.
SEC. 7. SAVINGS PROVISIONS.
(a) No Effect on Private Property.--Nothing in this Act shall be
construed--
(1) to modify, enlarge, or diminish any authority of
Federal, State, or local governments to regulate any use of
privately owned lands; or
(2) to grant the management entity any authority to
regulate the use of privately owned lands.
(b) Tribal Lands.--Nothing in this Act shall restrict or limit a
tribe from protecting cultural or religious sites on tribal lands.
(c) Authority of Governments.--Nothing in this Act shall--
(1) modify, enlarge, or diminish any authority of Federal,
State, tribal, or local governments to manage or regulate any
use of land as provided for by law or regulation; or
(2) authorize the management entity to assume any
management authorities over such lands.
(d) Trust Responsibilities.--Nothing in this Act shall diminish the
Federal Government's trust responsibilities or government-to-government
obligations to any federally recognized Indian tribe.
SEC. 8. SUNSET.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent. | Northern Rio Grande National Heritage Area Act - Establishes the Northern Rio Grande National Heritage Area, which shall include the counties of Santa Fe, Rio Arriba, and Taos, in New Mexico.Designates Northern Rio Grande National Heritage Area, Inc., as the Areas's management entity which: (1) shall develop, submit, and implement a management plan that includes recommendations for conservation, funding, management, development, and interpretation of the Area; (2) may provide assistance to tribal and local governments and other entities to carry out the plan; and (3) may not use Federal funds received under this Act to acquire real property.Authorizes the Secretary of the Interior to provide technical and financial assistance to develop and implement the management plan. | {"src": "billsum_train", "title": "To establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes."} | 1,827 | 153 | 0.708276 | 2.076447 | 0.719458 | 4.951049 | 12.454545 | 0.965035 |
SECTION 1. PROMOTING YOUTH FINANCIAL LITERACY.
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following:
``PART D--PROMOTING YOUTH FINANCIAL LITERACY
``SEC. 4401. SHORT TITLE AND FINDINGS.
``(a) Short Title.--This part may be cited as the `Youth Financial
Education Act'.
``(b) Findings.--Congress finds the following:
``(1) In order to succeed in our dynamic American economy,
young people must obtain the skills, knowledge, and experience
necessary to manage their personal finances and obtain general
financial literacy. All young adults should have the
educational tools necessary to make informed financial
decisions.
``(2) Despite the critical importance of financial literacy
to young people, the average student who graduates from high
school lacks basic skills in the management of personal
financial affairs. A nationwide survey conducted in 2002 by the
Jump$tart Coalition for Personal Financial Literacy examined
the financial knowledge of 4,024 12th graders. On average,
survey respondents answered only 50 percent of the questions
correctly. This figure is down from the 52 percent average
score in 2000 and the 57 percent average score in 1997.
``(3) An evaluation by the National Endowment for Financial
Education High School Financial Planning Program undertaken
jointly with the United States Department of Agriculture
Cooperative State Research, Education, and Extension Service
demonstrates that as little as 10 hours of classroom
instruction can impart substantial knowledge and affect
significant change in how teens handle their money.
``(4) State educational leaders have recognized the
importance of providing a basic financial education to students
in kindergarten through grade 12 by integrating financial
education into State educational standards, but by 2002 only 4
States required students to complete a course that covered
personal finance before graduating from high school.
``(5) Teacher training and professional development are
critical to achieving youth financial literacy. Teachers
confirm the need for professional development in personal
finance education. In a survey by the National Institute for
Consumer Education, 77 percent of a State's economics teachers
revealed that they had never had a college course in personal
finance.
``(6) Personal financial education helps prepare students
for the workforce and for financial independence by developing
their sense of individual responsibility, improving their life
skills, and providing them with a thorough understanding of
consumer economics that will benefit them for their entire
lives.
``(7) Financial education integrates instruction in
valuable life skills with instruction in economics, including
income and taxes, money management, investment and spending,
and the importance of personal savings.
``(8) The consumers and investors of tomorrow are in our
schools today. The teaching of personal finance should be
encouraged at all levels of our Nation's educational system,
from kindergarten through grade 12.
``SEC. 4402. STATE GRANT PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to State educational agencies to develop and integrate youth
financial education programs for students in elementary schools and
secondary schools.
``(b) State Plan.--
``(1) Approved state plan required.--To be eligible to
receive a grant under this section, a State educational agency
shall submit an application that includes a State plan,
described in paragraph (2), that is approved by the Secretary.
``(2) State plan contents.--The State plan referred to in
paragraph (1) shall include--
``(A) a description of how the State educational
agency will use grant funds;
``(B) a description of how the programs supported
by a grant will be coordinated with other relevant
Federal, State, regional, and local programs; and
``(C) a description of how the State educational
agency will evaluate program performance.
``(c) Allocation of Funds.--
``(1) Allocation factors.--Except as otherwise provided in
paragraph (2), the Secretary shall allocate the amounts made
available to carry out this section pursuant to subsection (a)
to each State according to the relative populations in all the
States of students in kindergarten through grade 12, as
determined by the Secretary based on the most recent
satisfactory data.
``(2) Minimum allocation.--Subject to the availability of
appropriations and notwithstanding paragraph (1), a State that
has submitted a plan under subsection (b) that is approved by
the Secretary shall be allocated an amount that is not less
than $500,000 for a fiscal year.
``(3) Reallocation.--In any fiscal year an allocation under
this subsection--
``(A) for a State that has not submitted a plan
under subsection (b); or
``(B) for a State whose plan submitted under
subsection (b) has been disapproved by the Secretary;
shall be reallocated to States with approved plans under this
section in accordance with paragraph (1).
``(d) Use of Grant Funds.--
``(1) Required uses.--A grant made to a State educational
agency under this part shall be used--
``(A) to provide funds to local educational
agencies and public schools to carry out financial
education programs for students in kindergarten through
grade 12 based on the concept of achieving financial
literacy through the teaching of personal financial
management skills and the basic principles involved
with earning, spending, saving, and investing;
``(B) to carry out professional development
programs to prepare teachers and administrators for
financial education; and
``(C) to monitor and evaluate programs supported
under subparagraphs (A) and (B).
``(2) Limitation on administrative costs.--A State
educational agency receiving a grant under subsection (a) may
use not more than 4 percent of the total amount of the grant in
each fiscal year for the administrative costs of carrying out
this section.
``(e) Report to the Secretary.--Each State educational agency
receiving a grant under this section shall transmit a report to the
Secretary with respect to each fiscal year for which a grant is
received. The report shall describe the programs supported by the grant
and the results of the State educational agency's monitoring and
evaluation of such programs.
``SEC. 4403. CLEARINGHOUSE.
``(a) Authority.--Subject to the availability of appropriations,
the Secretary shall make a grant to, or execute a contract with, an
eligible entity with substantial experience in the field of financial
education, such as the Jump$tart Coalition for Personal Financial
Literacy, to establish, operate, and maintain a national clearinghouse
(in this part referred to as the `Clearinghouse') for instructional
materials and information regarding model financial education programs
and best practices.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means a national nonprofit organization with a proven record of--
``(1) cataloging youth financial literacy materials; and
``(2) providing support services and materials to schools
and other organizations that work to promote youth financial
literacy.
``(c) Application.--An eligible entity desiring to establish,
operate, and maintain the Clearinghouse shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
``(d) Basis and Term.--The Secretary shall make the grant or
contract authorized under subsection (a) on a competitive, merit basis
for a term of 5 years.
``(e) Use of Funds.--The Clearinghouse shall use the funds provided
under a grant or contract made under subsection (a)--
``(1) to maintain a repository of instructional materials
and related information regarding financial education programs
for elementary schools and secondary schools, including
kindergartens, for use by States, localities, and the general
public;
``(2) to disseminate to States, localities, and the general
public, through electronic and other means, instructional
materials and related information regarding financial education
programs for elementary schools and secondary schools,
including kindergartens; and
``(3) to the extent that resources allow, to provide
technical assistance to States, localities, and the general
public on the design, establishment, and implementation of
financial education programs for elementary schools and
secondary schools, including kindergartens.
``(f) Consultation.--The chief executive officer of the eligible
entity selected to establish and operate the Clearinghouse shall
consult with the Department of the Treasury and the Securities Exchange
Commission with respect to its activities under subsection (e).
``(g) Submission to Clearinghouse.--Each Federal agency or
department that develops financial education programs and instructional
materials for such programs shall submit to the Clearinghouse
information on the programs and copies of the materials.
``(h) Application of Copyright Laws.--In carrying out this section
the Clearinghouse shall comply with the provisions of title 17 of the
United States Code.
``SEC. 4404. EVALUATION AND REPORT.
``(a) Performance Measures.--The Secretary shall develop measures
to evaluate the performance of programs assisted under sections 4402
and 4403.
``(b) Evaluation According to Performance Measures.--Applying the
performance measures developed under subsection (a), the Secretary
shall evaluate programs assisted under sections 4402 and 4403--
``(1) to judge their performance and effectiveness;
``(2) to identify which of the programs represent the best
practices of entities developing financial education programs
for students in kindergarten through grade 12; and
``(3) to identify which of the programs may be replicated
and used to provide technical assistance to States, localities,
and the general public.
``(c) Report.--For each fiscal year for which there are
appropriations under section 4407(a), the Secretary shall transmit a
report to Congress describing the status of the implementation of this
part. The report shall include the results of the evaluation required
under subsection (b) and a description of the programs supported under
section 4402.
``SEC. 4405. DEFINITIONS.
``In this part:
``(1) Financial education.--The term `financial education'
means educational activities and experiences, planned and
supervised by qualified teachers, that enable students to
understand basic economic and consumer principals, acquire the
skills and knowledge necessary to manage personal and household
finances, and develop a range of competencies that will enable
them to become responsible consumers in today's complex
economy.
``(2) Qualified teacher.--The term `qualified teacher'
means a teacher who holds a valid teaching certification or is
considered to be qualified by the State educational agency in
the State in which the teacher works.
``SEC. 4406. PROHIBITION.
``Nothing in this part shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific instructional
content, curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--For the purposes of carrying out this part,
there are authorized to be appropriated $100,000,000 for each of the
fiscal years 2004 through 2008.
``(b) Limitation on Funds for Clearinghouse.--The Secretary may use
not less than 2 percent and not more than 5 percent of amounts
appropriated under subsection (a) for each fiscal year to carry out
section 4403.
``(c) Limitation on Funds for Secretary Evaluation.--The Secretary
may use not more than $200,000 from the amounts appropriated under
subsection (a) for each fiscal year to carry out subsections (a) and
(b) of section 4404.
``(d) Limitation on Administrative Costs.--Except as necessary to
carry out subsections (a) and (b) of section 4404 using amounts
described in subsection (c) of this section, the Secretary shall not
use any portion of the amounts appropriated under subsection (a) for
the costs of administering this part.''. | Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to allot grants to State educational agencies to provide funds to local educational agencies and public schools for personal financial literacy education programs for students in kindergarten through grade 12, and for professional development programs to prepare teachers and administrators for such financial education.
Directs the Secretary to make a grant to or contract with an entity with substantial financial education experience for a national clearinghouse for instructional materials and information on model financial education programs and best practices. | {"src": "billsum_train", "title": "A bill to promote youth financial education."} | 2,603 | 111 | 0.494685 | 1.309145 | 1.041247 | 3.825243 | 24.174757 | 0.970874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Investment in Terrorist
Regimes Act''.
SEC. 2. MODIFICATION OF APPLICATION OF CERTAIN RULES WITH RESPECT TO
CERTAIN FOREIGN COUNTRIES.
(a) Limitation on Waiver Authority.--Section 901(j)(5)(A) of the
Internal Revenue Code of 1986 is amended by inserting ``(other than a
country described in paragraph (2)(A)(iv))'' after ``a country''.
(b) Denial of Foreign Tax Credit With Respect to Income Derived
From Certain Foreign Countries Without Regard to Which Country Tax Is
Paid.--Subparagraph (A) of section 901(j)(1) of such Code is amended by
striking ``to any country'' and all that follows and inserting ``to--
``(i) any foreign country to which this
subsection applies if such taxes are with
respect to income attributable to a period
during which this subsection applies to such
foreign country, and
``(ii) any foreign country (without regard
to whether this subsection applies to such
foreign country) if such taxes are with respect
to income derived from any foreign country to
which this subsection applies during a period
for which this subsection so applies
(determined under rules similar to the rules of
section 952(d)), and''.
(c) Denial of Deduction for Taxes for Which Foreign Tax Credit Is
Denied, etc.--Section 901(j)(3) of such Code is amended to read as
follows:
``(3) Denial of deduction for taxes for which foreign tax
credit is denied, etc.--
``(A) In general.--No deduction shall be allowed
under this chapter for any tax for which credit is not
allowable under this section by reason of paragraph
(1)(A).
``(B) Denial of deduction parity.--Solely for
purposes of section 78, the taxes deemed to be paid
under section 902(a) and 960(a)(1) shall be determined
without regard to this subsection.''.
(d) Application of Denial of Deduction for Taxes Paid by Controlled
Foreign Corporations.--
(1) Determination of subpart f income.--Section 952(a) of
such Code is amended by striking ``(including taxes)'' in the
last sentence and inserting ``(including taxes other than taxes
for which credit is not allowed under section 901 by reason of
section 901(j)(1)(A))''.
(2) Determination of earnings and profits.--Section 964(a)
of such Code is amended by inserting ``, or any taxes for which
credit is not allowed under section 901 by reason of section
901(j)(1)(A),'' after ``other payment (within the meaning of
section 162(c))''.
(e) Clarification Regarding Country From Which Income Is Derived.--
Section 952(d) of such Code is amended by striking ``The Secretary''
and inserting the following:
``(1) In general.--For purposes of subsection (a)(5),
income shall be treated as derived from a foreign country if
such income is derived in connection with--
``(A) property which is sold--
``(i) for use, consumption, or disposition
in such foreign country, or
``(ii) to any foreign person which is
created, organized, or controlled in such
foreign country or to a citizen or resident of
such foreign country, or
``(B) services provided with respect to persons or
property located in such foreign country or with
respect to persons described in subparagraph (A)(ii).
``(2) Special rules.--For purposes of this subsection--
``(A) Ultimate disposition.--Property shall not
fail to be treated as described in paragraph (1)(A) if
the controlled foreign corporation or any related
person knew, or had reason to know, that such property
would be ultimately sold--
``(i) for use, consumption, or disposition
in such foreign country, or
``(ii) to any person described in paragraph
(1)(A)(ii).
``(B) Sales to related parties.--If property is
sold to a related person, such sale shall not fail to
be treated as described in paragraph (1)(A) unless--
``(i) such property is ultimately sold--
``(I) for use, consumption or
disposition outside such foreign
country, or
``(II) to a person not described in
paragraph (1)(A)(ii), or
``(ii) such property is resold to an
unrelated person not described in paragraph
(1)(A)(ii) and neither the controlled foreign
corporation nor any related person knew or had
reason to know that such property would be
ultimately sold in a sale described in
paragraph (1)(A).
``(C) Application to services.--Rules similar to
the rules of subparagraphs (A) and (B) shall apply with
respect to services described in paragraph (1)(B).
``(D) Related person.--The term `related person'
has the meaning given such term by section 954(d)(3).
``(3) Regulations.--The Secretary''.
(f) Doubling of Rates of Tax With Respect to Certain Foreign
Countries.--
(1) Doubling of rates of tax on citizens and corporations
of certain foreign countries.--Section 891 of such Code is
amended--
(A) by striking ``Whenever the President'' and
inserting the following:
``(a) Doubling of Rates of Tax on Citizens and Corporations of
Certain Foreign Countries.--
``(1) Presidential proclamation.--Whenever the President'',
and
(B) by adding at the end the following new
paragraph:
``(2) Statutory application.--In the case of any foreign
country to which section 901(j) applies for any period,
paragraph (1) shall apply with respect to such country in the
same manner as if the President had made a proclamation
described in the first sentence of paragraph (1) with respect
to such country at the beginning of such period and a
proclamation described in the last sentence of paragraph (1)
with respect to such country at the end of such period.''.
(2) Doubling of rates of tax on income derived from certain
foreign countries.--Section 891 of such Code, as amended by
paragraph (1), is amended by adding at the end the following
new subsection:
``(b) Doubling of Rates of Tax on Income Derived From Certain
Foreign Countries.--
``(1) In general.--In the case of any foreign country to
which section 901(j) applies for any period, the rates of tax
imposed by sections 1, 11, 801, 831, 852, 871, and 881 with
respect to any taxpayer shall be doubled in the case of income
derived from such foreign country during such period
(determined under rules similar to the rules of section
952(d)). In any case in which the manner in which income is
stacked would change the rate of tax which is treated as
applying to income described in the preceding sentence, such
income shall be stacked in the manner which results in the
highest rate of tax applying to the income so described.
``(2) Coordination with doubling of rates of tax on
citizens and corporations of certain foreign countries.--
Paragraph (1) shall not apply to any taxpayer for any period
for which subsection (a) applies to such taxpayer.''.
(3) Conforming amendments.--
(A) The heading of section 891 of such Code is
amended by striking ``on citizens and corporations of''
and inserting ``with respect to''.
(B) The item relating to section 891 in the table
of sections for subpart D of part II of subchapter N of
chapter 1 of such Code is amended to read as follows:
``Sec. 891. Doubling of rates of tax with respect to certain foreign
countries.''.
(g) Prohibition on Agreements To Delegate Certain Reporting to
Certain Foreign Countries.--Section 1474(f) of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'', and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on intergovernmental agreements with
certain foreign countries.--The Secretary may not enter into
any intergovernmental agreement to carry out section 1471(b)
with any country to which section 901(j) applies.''.
(h) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by subsections (a), (b), and
(c) shall apply to taxes paid or incurred in taxable years
ending after the date of the introduction of this Act.
(2) Amendments related to controlled foreign
corporations.--The amendments made by--
(A) subsections (a), (b), and (c) to the extent
such amendments relate to section 952(a)(5) of the
Internal Revenue Code of 1986 or to taxes deemed to
have been paid under section 902 or 960 of such Code,
and
(B) subsections (d) and (e),
shall apply to taxable years of foreign corporations ending
after the date of the introduction of this Act and to taxable
years of United States shareholders with or within which such
taxable years of foreign corporations end.
(3) Amendments related to doubling of tax on citizens and
corporations of certain foreign countries.--The amendments made
by subsection (g) shall apply to taxable years ending after the
date of the introduction of this Act (without regard to whether
the period described in subsection (a)(2) or (b)(1) of section
891 of the Internal Revenue Code of 1986, as added by
subsection (f), begins before such date).
(4) Amendments related to prohibition on agreements to
delegate certain reporting to certain foreign countries.--The
amendments made by subsection (g) shall take effect on the date
of the enactment of this Act. | Preventing Investment in Terrorist Regimes Act This bill amends the Internal Revenue Code to modify the rules that apply to income derived from foreign countries designated as sponsors of international terrorism or with whom the United States does not have diplomatic relations. The bill: (1) disallows a foreign tax credit for taxes paid to any country on income derived from one of the countries subject to the rules, (2) denies a deduction for the disallowed foreign tax credits, (3) doubles the tax rate on income derived from the countries subject to the rules, (4) and expands the definition of income derived from the countries. The bill also eliminates the authority of the President to waive the denial of foreign tax credits with respect to taxes paid or accrued to a country that the Department of State has designated as a foreign country that repeatedly provides support for international terrorism. (Under current law, a waiver is permitted if the President determines that it is in the national interest of the United States and will expand trade and investment opportunities for U.S. companies in the country.) | {"src": "billsum_train", "title": "Preventing Investment in Terrorist Regimes Act"} | 2,261 | 231 | 0.555511 | 1.675235 | 0.723821 | 1.585366 | 9.809756 | 0.746341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution
of the war against areas outside of its control, which has
already cost more than 2,000,000 lives and has displaced more
than 4,000,000.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of
human rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian
relief operations in Sudan is an essential element in the
effort to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas
of Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process.
(6) Through manipulation of traditional rivalries among
peoples in areas outside their full control, the Government of
Sudan has effectively used divide and conquer techniques to
subjugate their population, and internationally sponsored
reconciliation efforts have played a critical role in reducing
the tactic's effectiveness and human suffering.
(7) The Government of Sudan is utilizing and organizing
militias, Popular Defense Forces, and other irregular units for
raiding and slaving parties in areas outside of the control of
the Government of Sudan in an effort to severely disrupt the
ability of those populations to sustain themselves. The tactic
is in addition to the overt use of bans on air transport relief
flights in prosecuting the war through selective starvation and
is used to minimize the Government of Sudan's accountability
internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside its control.
(9) Through its power to veto plans for air transport
flights under the United Nations relief operation, Operation
Lifeline Sudan (OLS), the Government of Sudan has been able to
manipulate the receipt of food aid by the Sudanese people from
the United States and other donor countries as a devastating
weapon of war in the ongoing effort by the Government of Sudan
to subdue areas of Sudan outside of the Government's control.
(10) The efforts of the United States and other donors in
delivering relief and assistance through means outside OLS have
played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
(11) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption
of their ability to sustain themselves.
(12) The Nuba Mountains and many areas in Bahr al Ghazal,
the Upper Nile, and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently
placing their populations at increased risk of famine.
(13) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the
immediate food needs of the recipients, the current
international relief operations are neither sustainable nor
desirable in the long term.
(14) The ability of populations to defend themselves
against attack in areas outside the Government of Sudan's
control has been severely compromised by the disengagement of
the front-line sponsor states, fostering the belief within
officials of the Government of Sudan that success on the
battlefield can be achieved.
(15) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of Sudan to
enter into a good faith peace process;
(B) the support or creation of viable democratic
civil authority and institutions in areas of Sudan
outside government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside
of government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the
United States and within multilateral institutions
toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(2) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation
Lifeline Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the
conflict in Sudan;
(B) the Government of Sudan's overall human rights
record, with regard to both the prosecution of the war
and the denial of basic human and political rights to
all Sudanese;
(C) the ongoing slave trade in Sudan and the role
of the Government of Sudan in abetting and tolerating
the practice;
(D) the Government of Sudan's use and organization
of ``murahalliin'' or ``mujahadeen'', Popular Defense
Forces (PDF), and regular Sudanese Army units into
organized and coordinated raiding and slaving parties
in Bahr al Ghazal, the Nuba Mountains, the Upper Nile,
and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food
shortages and is used as a systematic means to destroy the
societies, culture, and economies of the Dinka, Nuer, and Nuba
peoples in a policy of low-intensity ethnic cleansing.
SEC. 5. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby recognizes that--
(1) a single viable, internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(2) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994.
(b) United States Diplomatic Support.--The Secretary of State is
authorized to utilize the personnel of the Department of State for the
support of--
(1) the ongoing negotiations between the Government of
Sudan and opposition forces;
(2) any necessary peace settlement planning or
implementation; and
(3) other United States diplomatic efforts supporting a
peace process in Sudan.
SEC. 6. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should be used as a tool to
facilitating peace and recovery in Sudan; and
(2) the President, acting through the United States
Permanent Representative to the United Nations, should seek
to--
(A) revise the terms of Operation Lifeline Sudan to
end the veto power of the Government of Sudan over the
plans by Operation Lifeline Sudan for air transport of
relief flights and, by doing so, to end the
manipulation of the delivery of those relief supplies
to the advantage of the Government of Sudan on the
battlefield;
(B) investigate the practice of slavery in Sudan
and provide mechanisms for its elimination; and
(C) sponsor a condemnation of the Government of
Sudan each time it subjects civilians to aerial
bombardment.
SEC. 7. REPORTING REQUIREMENT.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n)
is amended by adding at the end the following:
``(g) In addition to the requirements of subsections (d) and (f),
the report required by subsection (d) shall include--
``(1) a description of the sources and current status of
Sudan's financing and construction of oil exploitation
infrastructure and pipelines, the effects on the inhabitants of
the oil fields regions of such financing and construction, and
the Government of Sudan's ability to finance the war in Sudan;
``(2) a description of the extent to which that financing
was secured in the United States or with involvement of United
States citizens;
``(3) the best estimates of the extent of aerial
bombardment by the Government of Sudan forces in areas outside
its control, including targets, frequency, and best estimates
of damage; and
``(4) a description of the extent to which humanitarian
relief has been obstructed or manipulated by the Government of
Sudan or other forces for the purposes of the war in Sudan.''.
SEC. 8. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit a detailed report to Congress
describing the progress made toward carrying out subsection (a).
SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside United Nations auspices if necessary, the greatest
possible amount of United States Government and privately donated
relief to all affected areas in Sudan, including the Nuba Mountains and
the Upper Nile and the Blue Nile regions, in the event the Government
of Sudan imposes a total, partial, or incremental ban on OLS air
transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations (but for this subsection) for the purposes of
the plan. | Sudan Peace Act - Declares that Congress: (1) condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets; and (2) recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.Authorizes the Secretary of State to utilize Department of State personnel for the support of ongoing negotiations, and eventual implementation of a peace settlement, between the Government of Sudan and opposition forces.Expresses the sense of Congress that the United Nations (UN) should be used as a tool to facilitate peace and recovery in Sudan.Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on Operation Lifeline Sudan air transport relief flights. | {"src": "billsum_train", "title": "To facilitate famine relief efforts and a comprehensive solution to the war in Sudan."} | 2,255 | 339 | 0.642372 | 2.237901 | 0.63231 | 5.48 | 7.741818 | 0.949091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Them Home Alive Act of 2000''.
SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in
the United States to any alien described in subsection (b), upon the
application of that alien.
(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
(1) any alien who--
(A) is a national of Vietnam, Cambodia, Laos, China, or any
of the independent states of the former Soviet Union; and
(B) personally delivers into the custody of the United
States Government a living American Vietnam War POW/MIA; and
(2) any parent, spouse, or child of an alien described in
paragraph (1).
(c) Definitions.--In this section:
(1) American vietnam war pow/mia.--
(A) In general.--Except as provided in subparagraph (B),
the term ``American Vietnam War POW/MIA'' means an individual--
(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code)
in a missing status (as defined in section 551(2) of such
title and this subsection) as a result of the Vietnam War;
or
(ii) who is an employee (as defined in section 5561(2)
of title 5, United States Code) in a missing status (as
defined in section 5561(5) of such title) as a result of
the Vietnam War.
(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under section
552(c) of title 37, United States Code, that such individual is
officially absent from such individual's post of duty without
authority.
(2) Missing status.--The term ``missing status'', with respect
to the Vietnam War, means the status of an individual as a result
of the Vietnam War if immediately before that status began the
individual--
(A) was performing service in Vietnam; or
(B) was performing service in Southeast Asia in direct
support of military operations in Vietnam.
(3) Vietnam war.--The term ``Vietnam War'' means the conflict
in Southeast Asia during the period that began on February 28,
1961, and ended on May 7, 1975.
SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--Notwithstanding any other
provision of law, the Attorney General shall grant refugee status in
the United States to any alien described in subsection (b), upon the
application of that alien.
(b) Eligibility.--Refugee status shall be granted under subsection
(a) to--
(1) any alien--
(A) who is a national of North Korea, China, or any of the
independent states of the former Soviet Union; and
(B) who personally delivers into the custody of the United
States Government a living American Korean War POW/MIA; and
(2) any parent, spouse, or child of an alien described in
paragraph (1).
(c) Definitions.--In this section:
(1) American korean war pow/mia.--
(A) In general.--Except as provided in subparagraph (B),
the term ``American Korean War POW/MIA'' means an individual--
(i) who is a member of a uniformed service (within the
meaning of section 101(3) of title 37, United States Code)
in a missing status (as defined in section 551(2) of such
title and this subsection) as a result of the Korean War;
or
(ii) who is an employee (as defined in section 5561(2)
of title 5, United States Code) in a missing status (as
defined in section 5561(5) of such title) as a result of
the Korean War.
(B) Exclusion.--Such term does not include an individual
with respect to whom it is officially determined under section
552(c) of title 37, United States Code, that such individual is
officially absent from such individual's post of duty without
authority.
(2) Korean war.--The term ``Korean War'' means the conflict on
the Korean peninsula during the period that began on June 27, 1950,
and ended January 31, 1955.
(3) Missing status.--The term ``missing status'', with respect
to the Korean War, means the status of an individual as a result of
the Korean War if immediately before that status began the
individual--
(A) was performing service in the Korean peninsula; or
(B) was performing service in Asia in direct support of
military operations in the Korean peninsula.
SEC. 4. BROADCASTING INFORMATION ON THE ``BRING THEM HOME ALIVE''
PROGRAM.
(a) Requirement.--
(1) In general.--The International Broadcasting Bureau shall
broadcast, through WORLDNET Television and Film Service and Radio,
VOA-TV, VOA Radio, or otherwise, information that promotes the
``Bring Them Home Alive'' refugee program under this Act to foreign
countries covered by paragraph (2).
(2) Covered countries.--The foreign countries covered by
paragraph (1) are--
(A) Vietnam, Cambodia, Laos, China, and North Korea; and
(B) Russia and the other independent states of the former
Soviet Union.
(b) Level of Programming.--The International Broadcasting Bureau
shall broadcast--
(1) at least 20 hours of the programming described in
subsection (a)(1) during the 30-day period that begins 15 days
after the date of enactment of this Act; and
(2) at least 10 hours of the programming described in
subsection (a)(1) in each calendar quarter during the period
beginning with the first calendar quarter that begins after the
date of enactment of this Act and ending five years after the date
of enactment of this Act.
(c) Availability of Information on the Internet.--The International
Broadcasting Bureau shall ensure that information regarding the ``Bring
Them Home Alive'' refugee program under this Act is readily available
on the World Wide Web sites of the Bureau.
(d) Sense of Congress.--It is the sense of Congress that RFE/RL,
Incorporated, Radio Free Asia, and any other recipient of Federal
grants that engages in international broadcasting to the countries
covered by subsection (a)(2) should broadcast information similar to
the information required to be broadcast by subsection (a)(1).
(e) Definition.--The term ``International Broadcasting Bureau''
means the International Broadcasting Bureau of the United States
Information Agency or, on and after the effective date of title XIII of
the Foreign Affairs Reform and Restructuring Act of 1998 (as contained
in division G of Public Law 105-277), the International Broadcasting
Bureau of the Broadcasting Board of Governors.
SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
In this Act, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the granting of the same status to any alien (and parent, spouse, or child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA.
Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such ("Bring Them Home Alive") refugee programs. Requires: (1) a minimum programming level for such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet.
Expresses the sense of the Congress that RFE/RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information. | {"src": "billsum_train", "title": "Bring Them Home Alive Act of 2000"} | 1,676 | 166 | 0.436708 | 1.341922 | 0.594333 | 4.503401 | 10.129252 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security COLA Fix for 2010
Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress finds that--
(1) no cost-of-living increase in social security benefits
is anticipated under current law for 2010; and
(2) the rising costs being endured by our Nation's seniors
and disabled individuals makes the lack of such a cost-of-
living increase particularly burdensome for them and their
families.
(b) Statement of Policy.--It is the policy of this Act to provide
some compensation to our Nation's seniors and disabled individuals and
their families for the lack of a cost-of-living increase in social
security benefits for 2010 by providing for them a benefit increase of
$150 for one month in 2010.
SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE MONTH PAYABLE IN 2010.
(a) In General.--Except as provided in this section, each
individual who is entitled to a monthly insurance benefit under section
202 or 223 of the Social Security Act (42 U.S.C. 402, 423) for the
month in which this Act is enacted and is also entitled to such benefit
for the applicable increase month (as defined in subsection (b)) shall
be entitled to an increase in such benefit for the applicable increase
month in the amount of $150.
(b) Applicable Increase Month.--For purposes of this section, the
term ``applicable increase month'' means the first month beginning
after 180 days after the date of the enactment of this Act
(c) Restriction of Increase to One Month.--Nothing in this section
shall affect the amount of a benefit under section 202 or 223 of the
Social Security Act for any month other than the applicable increase
month.
(d) Notice.--Not later than the date of the benefit payment to each
individual which reflects the benefit increase under this section, the
Secretary of the Treasury shall issue to such individual a written
notice which includes the following statement: ``Your benefit payment
for ______ reflects a one-time increase in monthly insurance benefits
for that month of $150 which is in lieu of an annual cost-of-living
increase in benefits for 2010.'', with the blank space therein being
filled with a reference to the calendar month which is the applicable
increase month.
(e) Simultaneous Entitlements.--In any case in which an individual
is entitled to 2 or more monthly insurance benefits under title II of
the Social Security Act for the applicable increase month, the increase
provided in subsection (a) shall apply to the total amount of such
benefits for the applicable increase month, after application of
section 202(k)), in lieu of the amount of each benefit which is so
payable.
(f) Effect on Family Maximum.--The amount of the increase in
monthly insurance benefits under subsection (a) shall be disregarded in
determining reductions in benefits under section 203(a) of the Social
Security Act (42 U.S.C. 403(a)).
(g) Increase To Be Disregarded for Purposes of All Federal and
Federally Assisted Programs.--The increase under subsection (a) shall
not be regarded as income and shall not be regarded as a resource for
the applicable increase month and the following 9 months, for purposes
of determining the eligibility of the recipient (or the recipient's
spouse or family) for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or under any State
or local program financed in whole or in part with Federal funds.
(h) Increase Not Considered Income for Purposes of Taxation.--The
increase under subsection (a) shall not be considered as gross income
for purposes of the Internal Revenue Code of 1986.
(i) Benefits Not Otherwise Payable.--Nothing in this section shall
be construed to provide, in connection with the increase of any benefit
under this section, for a payment of any amount of such benefit if such
benefit is not otherwise payable under subsection (t) or (x) of section
202 of the Social Security Act (42 U.S.C. 402(t), (x)).
SEC. 4. INCREASES IN CONTRIBUTION AND BENEFIT BASE IRRESPECTIVE OF
WHETHER A COST-OF-LIVING INCREASE IN BENEFITS HAS
OCCURRED.
(a) In General.--Section 230(a) of the Social Security Act (42
U.S.C. 430(a)) is amended--
(1) by striking ``Whenever the Commissioner'' and all that
follows through ``the Commissioner shall also'' and inserting
the following: ``The Commissioner of Social Security shall'';
(2) by striking ``November 1 of the calendar year in which
such quarter occurs'' and inserting ``November 1 of each
calendar year''; and
(3) by striking ``after the calendar year in which such
quarter occurs'' and inserting ``after such year''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the determination of the contribution and benefit
base for years after 2009. | Social Security COLA Fix for 2010 Act - Authorizes an increase of $150 in Social Security benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year.
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require an annual adjustment in the OASDI contribution and benefit base regardless of whether a cost-of-living increase in benefits has occurred. | {"src": "billsum_train", "title": "To provide for an increase of $150 in Social Security benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year, and to amend title II of the Social Security Act to eliminate the requirement that there be a Social Security cost-of-living adjustment for an adjustment in the contribution and benefit base to occur."} | 1,165 | 104 | 0.550697 | 1.356971 | 0.702062 | 4.534091 | 11.704545 | 0.852273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Merchant Mariner Credentials
Improvement Act of 2007''.
SEC. 2. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and the
items relating to such sections in the analysis for chapters 71 and 73
of such title, are repealed.
SEC. 3. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents.--Section 7302(f) of title 46,
United States Code, is amended to read as follows:
``(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
``(1) In general.--Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is valid
for a 5-year period and may be renewed for additional 5-year
periods.
``(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter in advance but is not
effective until the date that the previously issued merchant
mariner's document expires.''.
(b) Duration of Licenses.--Section 7106 of such title is amended to
read as follows:
``Sec. 7106. Duration of licenses
``(a) License Renewal.--A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year periods;
except that the validity of a license issued to a radio officer is
conditioned on the continuous possession by the holder of a first-class
or second-class radiotelegraph operator license issued by the Federal
Communications Commission.
``(b) Advance Renewals.--A renewed license issued under this part
may be issued in advance but is not effective until the date that the
previously issued license expires.''.
(c) Certificates of Registry.--Section 7107 of such title is
amended to read as follows:
``Sec. 7107. Duration of certificates of registry
``(a) Certificates of Registry Renewal.--A certificate of registry
issued under this part is valid for a 5-year period and may be renewed
for additional 5-year periods; except that the validity of a
certificate issued to a medical doctor or professional nurse is
conditioned on the continuous possession by the holder of a license as
a medical doctor or registered nurse, respectively, issued by a State.
``(b) Advance Issuance.--A renewed certificate of registry issued
under this part may be issued in advance but is not effective until the
date that the previously issued certificate of registry expires.''.
SEC. 4. PROCESSING TIME FOR DOCUMENTS.
Section 2110 of title 46, United States Code, is amended by adding
at the end the following:
``(l) Limitation With Respect to Processing Time.--The Secretary
may not charge a fee under this section for the application,
processing, or issuance of a merchant mariner's document for an
individual under chapter 73 if, within 30 days after the date the
individual submits a complete application for the document, the
Secretary has not--
``(1) issued the document to the individual; or
``(2) notified the individual that the document will not be
issued because the individual does not meet the qualifications
for issuance of that document under that chapter.''.
SEC. 5. FINGERPRINTING.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
46, United States Code, is amended by adding at the end the following:
``Sec. 7507. Fingerprinting
``(a) In General.--The Secretary of the Department in which the
Coast Guard is operating may not require an individual to be
fingerprinted for the issuance or renewal of a license, a certificate
of registry, or a merchant mariner's document under chapter 71 or 73 if
the individual was fingerprinted when the individual applied for a
transportation security card under section 70105.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``7507. Fingerprinting.''.
SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES
OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
46, United States Code, as amended by section 5(a) of this Act, is
further amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
section 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may extend for one year an expiring license or
certificate of registry issued for an individual under chapter 71 if
the Secretary determines that such action is required to enable the
Coast Guard to eliminate a backlog in processing applications for such
licenses or certificates of registry.
``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
the Secretary may extend for one year an expiring merchant mariner's
document issued for an individual under chapter 71 if the Secretary
determines that such action is required to enable the Coast Guard to
eliminate a backlog in processing applications for such documents.
``(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
``(d) Expiration of Authority.--The authority for providing an
extension under this section shall expire on June 30, 2009.''.
(b) Clerical Amendment.--The analysis for such chapter, as amended
by section 5(b), is further amended by adding at the end the following:
``7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner
documents.''.
SEC. 7. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall develop an interim clearance process
for issuance of a merchant mariner document to enable a newly hired
seaman to begin working on an offshore supply vessel or towing vessel
if the Secretary makes an initial determination that the seaman does
not pose a safety and security risk.
(b) Contents of Process.--The process under subsection (a) shall
include a check against the consolidated and integrated terrorist watch
list maintained by the Federal Government, review of the seaman's
criminal record, and review of the results of testing the seaman for
use of a dangerous drug (as defined in section 2101 of title 46, United
States Code) in violation of law or Federal regulation.
SEC. 8. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard 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 regarding a plan--
(1) to expand the streamlined evaluation process program
that was affiliated with the Houston Regional Examination
Center of the Coast Guard to all processing centers of the
Coast Guard nationwide;
(2) to include proposals to simplify the application
process for a license as an officer, staff officer, or operator
and for a merchant mariner's document to help eliminate errors
by merchant mariners when completing the application form (CG-
719B), including instructions attached to the application form
and a modified application form for renewals with questions
pertaining only to the period of time since the previous
application;
(3) to provide notice to an applicant of the status of the
pending application, including a process to allow the applicant
to check on the status of the application by electronic means;
and
(4) to ensure that all information collected with respect
to applications for new or renewed licenses, merchant mariner
documents, and certificates of registry is retained in a secure
electronic format.
SEC. 9. MERCHANT MARINER SHORTAGE REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation, acting through the Administrator of
the Maritime Administration, 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 methods to address the current and future shortage in
the number of merchant mariners, particularly entry-level mariners,
including an evaluation of whether an educational loan program
providing loans for the cost of on-the-job training would provide an
incentive for workers and help alleviate the shortage.
SEC. 10. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
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--
(1) a plan to ensure that the process for an application,
by an individual who has, or has applied for, a transportation
security card under section 70105 of title 46, United States
Code, for a merchant mariner document can be completed entirely
by mail; and
(2) a report on the feasibility of, and a timeline to,
redesign the merchant mariner document to comply with the
requirements of such section, including a biometric identifier,
and all relevant international conventions, including the
International Labour Organization Convention Number 185
concerning the seafarers identity document, and include a
review on whether or not such redesign will eliminate the need
for separate credentials and background screening and
streamline the application process for mariners. | Merchant Mariner Credentials Improvement Act of 2007 - Revises requirements with respect to merchant mariner's documents, licenses, and certificates of registry to authorize the advanced renewal of such items which shall not be valid until the date that the originally issued items expire.
Prohibits the Secretary of the department in which the Coast Guard is operating from charging a fee for the application, processing, or issuance of a merchant mariner's document if, within 30 days of the date the individual submits a complete application for the document, the Secretary has not: (1) issued the document to the individual; or (2) notified the individual that the document will not be issued because the individual does not meet certain qualifications.
Prohibits the Secretary from requiring an individual to be fingerprinted for the issuance or renewal of a merchant mariner's document, license, or certificate of registry if the individual was previously fingerprinted upon applying for a transportation security card.
Extends an expiring merchant mariner's document, license, or certificate of registry for one year (currently, such items are issued for a five-year period with renewals for additional five-year periods) to help eliminate a backlog in processing such items.
Requires the Secretary to develop an interim clearance process for issuance of merchant mariner's documents to help newly hired seamen who do not pose a safety and security risk to begin working on an offshore supply vessel or towing vessel.
Requires the Secretary to report to Congress on: (1) a plan to ensure that the application process for a merchant mariner document can be completed entirely by mail; and (2) the feasibility of the redesign of such document to comply with certain standards. | {"src": "billsum_train", "title": "To amend title 46, United States Code, to repeal requirements that applicants for merchant seamen licenses and certificates and merchant mariner's documents must take oaths, and for other purposes."} | 2,209 | 372 | 0.552781 | 1.810896 | 0.661964 | 4.819876 | 6.062112 | 0.931677 |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF IRON
CASTINGS.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 or any other provision of law, and subject to subsection (b), the
United States Customs Service shall, not later than 120 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate each entry described in subsection (c), without liability
for any countervailing duties in excess of the amounts deposited by the
importer of record at the time of entry for such countervailing duties,
except that no refund of amounts paid by the importer of record before
the date of the enactment of this Act with respect to such entry shall
be made pursuant to such liquidation or reliquidation.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (c)
only if a request therefor is filed with the Customs Service within 45
days after the date of the enactment of this Act and the request
contains sufficient information to enable the Customs Service to locate
the entry or reconstruct the entry if it cannot be located.
(c) Entries.--
(1) In general.--The entries referred to in subsection (a)
are any entry of iron metal castings that--
(A) was made by Campbell Foundry Company, the
importer or record; and
(B) was entered into the United States during the
period beginning on January 1, 1981, and ending on
September 30, 1992.
(2) Specific entries.--The entries referred to in
subsection (a) include, but are not limited to, the following:
Entry number Date of entry
86969803510 04/01/86
86969804910 04/01/86
86970090710 04/22/86
86970396210 05/09/86
86970425910 05/15/86
86970423310 05/15/86
86970506910 05/29/86
86970618910 06/03/86
86970616310 06/04/86
86970617610 06/05/86
86970615010 06/06/86
86970489310 06/25/86
86424497610 09/30/86
91700001794 10/10/86
91700001828 10/14/86
91700003022 10/16/86
91700003212 10/17/86
91700003238 10/17/86
91700003063 10/21/86
91700005050 10/24/86
91700005043 10/29/86
91700005035 10/29/86
91700007676 11/14/86
91700008880 11/24/86
91700018343 03/05/87
91700023525 03/26/87
91700022345 04/10/87
91700022253 04/10/87
91700022246 04/10/87
91700022337 04/10/87
91700027203 05/04/87
91700027765 05/04/87
91700027146 05/04/87
91700027179 05/07/87
91700027161 05/07/87
91700027195 05/07/87
91700027120 05/07/87
91700027153 05/07/87
91700028433 05/08/87
91700028441 05/08/87
91700030462 05/29/87
91700030413 05/29/87
91700030439 05/29/87
91700030447 05/29/87
91700030470 05/29/87
91700030397 05/29/87
91700032716 06/11/87
91700032872 06/11/87
91700032880 06/11/87
91700032708 06/11/87
91700023864 06/11/87
91700032724 06/11/87
91700033540 06/22/87
91700033557 06/22/87
91700033565 06/22/87
91700037699 07/16/87
91700037749 07/16/87
91700037756 07/16/87
91700037970 07/16/87
91700038804 07/22/87
91700037764 08/03/87
91700041212 08/06/87
91700041204 08/06/87
91700040214 08/06/87
91700041238 08/06/87
91700043176 08/19/87
91700045098 09/11/87
91700045080 09/11/87
91700045023 09/11/87
91700045031 09/11/87
91700045072 09/11/87
91700045015 09/11/87
91700048118 09/22/87
91700048126 09/22/87
91700048027 09/22/87
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91700001802 | Directs the Customs Service to liquidate or reliquidate certain entries of iron metal castings made by the Campbell Foundry Company. | {"src": "billsum_train", "title": "To provide for the liquidation or reliquidation of certain entries."} | 1,471 | 30 | 0.485923 | 1.528635 | 0.26368 | 2.666667 | 37.666667 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ex-Offenders Voting Rights Act of
2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender, or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for United States
citizens to vote in Federal elections.
(2) Since the founding of the Nation, most States have
enacted laws disenfranchising convicted felons and ex-felons.
In the last 30 years, due to the dramatic expansion of the
criminal justice system, these laws have significantly affected
the political voice of many American communities. The momentum
toward reform of these policies has been based on a
reconsideration of their wisdom in meeting legitimate
correctional objectives and the interests of full democratic
participation. Forty-eight States and the District of Columbia
prohibit inmates from voting while incarcerated for a felony
offense.
(3) Congress has ultimate supervisory power over Federal
elections, an authority that has repeatedly been upheld by the
Supreme Court.
(4) Although State laws determine the qualifications for
voting in Federal elections, Congress must ensure that those
laws are in accordance with the Constitution. Currently, those
laws vary throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(5) Only two States (Maine and Vermont) permit inmates to
vote. Thirty-five States prohibit felons from voting while they
are on parole and 30 of these States exclude felony
probationers as well. Two States deny the right to vote to all
ex-offenders who have completed their sentences. Nine others
disenfranchise certain categories of ex-offenders or permit
application for restoration of rights for specified offenses
after a waiting period (e.g., 5 years in Delaware and Wyoming,
and 2 years in Nebraska). Each State has developed its own
process of restoring voting rights to ex-offenders but most of
these restoration processes are so cumbersome that few ex-
offenders are able to take advantage of them.
(6) An estimated 5,300,000 million Americans, or one in 41
adults, have currently or permanently lost their voting rights
as a result of a felony conviction.
(7) State disenfranchisement laws disproportionately impact
ethnic minorities.
(8) Thirteen States disenfranchise some or all ex-offenders
who have fully served their sentences, regardless of the nature
or seriousness of the offense.
(9) In those States that disenfranchise ex-offenders who
have fully served their sentences, the right to vote can be
regained in theory, but in practice this possibility is often
illusory.
(10) In eight States, a pardon or order from the Governor
is required for an ex-offender to regain the right to vote. In
two States, ex-offenders must obtain action by the parole or
pardon board to regain that right.
(11) Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In at least 16
States, Federal ex-offenders cannot use the State procedure for
restoring their voting rights. The only method provided by
Federal law for restoring voting rights to ex-offenders is a
Presidential pardon.
(12) Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(13) Thirteen percent of the African-American adult male
population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration, 3 in 10
African-American men in the next generation will be
disenfranchised at some point during their lifetimes. Hispanic
citizens are also disproportionately disenfranchised, since
those citizens are disproportionately represented in the
criminal justice system.
(14) An estimated 676,730 women are currently ineligible to
vote as a result of a felony conviction. More than 2,000,000
White Americans (Hispanic and non-Hispanic) are disenfranchised
as a result of a felony conviction. In five States that deny
the vote to ex-offenders, one in four Black men is permanently
disenfranchised.
(15) Given current rates of incarceration, three in ten of
the next generation of Black men can expect to be
disenfranchised at some point in their lifetime. In States that
disenfranchise ex-offenders, as many as 40 percent of Black men
may permanently lose their right to vote. Two million one
hundred thousand disenfranchised persons are ex-offenders who
have completed their sentences.
(16) The discrepancies described in this subsection should
be addressed by Congress, in the name of fundamental fairness
and equal protection.
(b) Purpose.--The purpose of this Act is to restore fairness in the
Federal election process by ensuring that ex-offenders who have fully
served their sentences are not denied the right to vote.
SEC. 3. RIGHTS OF CITIZENS.
(a) Protecting Right To Vote in Federal Elections.--The right of an
individual who is a citizen of the United States to vote in any
election for Federal office shall not be denied or abridged because
that individual has been convicted of a criminal offense unless, at the
time of the election, such individual is serving a felony sentence in a
correctional institution or facility.
(b) Definitions.--In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
SEC. 4. NOTIFYING INDIVIDUALS WHO REGAIN RIGHT TO VOTE.
(a) Requiring Notification.--
(1) In general.--The Chief State correctional officer of
each State shall ensure that, not later than 30 days after an
individual who is serving a felony sentence in a correctional
institution or facility in the State is released from the
institution or facility, including an individual who is
released on parole or probation, the individual is notified of
the individual's right to vote in elections for Federal office
and of the date of the next such election in which the
individual may vote.
(2) Exception for individuals continuing to serve
sentences.--Paragraph (1) does not apply in the case of an
individual who is released from a correctional institution or
facility to serve a felony sentence in a different correctional
institution or facility.
(3) Definitions.--In this subsection--
(A) the term ``parole'' means parole (including
mandatory parole) or conditional or supervised release
(including mandatory supervised release) which is
imposed by a Federal, State, or local court; and
(B) the term ``probation'' means probation imposed
by a Federal, State, or local court with or without a
condition on the individual involved concerning--
(i) the individual's freedom of movement,
(ii) the payment of damages by the
individual,
(iii) periodic reporting by the individual
to an officer of the court, or
(iv) supervision of the individual by an
officer of the court.
(b) Application to Individuals Released From Federal Institutions
or Facilities.--Subsection (a) shall apply to the Director of the
Bureau of Prisons with respect to individuals released from an
institution or facility under the Director's jurisdiction in the same
manner as such subsection applies to the Chief State correctional
officer of a State with respect to individuals released from
institutions or facilities in that State.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in a court of competent jurisdiction to obtain such declaratory
or injunctive relief as is necessary to remedy a violation of this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Action.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice provided under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may bring a civil action in such a court to
obtain the declaratory or injunctive relief with respect to the
violation.
(3) Action for violation shortly before a federal
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
shall not be required to provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action in such a court to obtain the declaratory or
injunctive relief with respect to the violation.
SEC. 6. RELATION TO OTHER LAWS.
(a) No Prohibition on Less Restrictive Laws.--Nothing in this Act
shall be construed to prohibit a State from enacting any State law that
affords the right to vote in any election for Federal office on terms
less restrictive than those terms established by this Act.
(b) No Limitation on Other Laws.--The rights and remedies
established by this Act shall be in addition to all other rights and
remedies provided by law, and shall not supersede, restrict, or limit
the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.). | Ex-Offenders Voting Rights Act of 2008 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility.
Requires the chief correctional officer of each state to inform convicted felons within 30 days after their release of their right to vote in elections for federal office and the date of the next election in which they are eligible to vote.
Provides for enforcement and remedies for violations of this Act.
Specifies that: (1) nothing in this Act shall be construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. | {"src": "billsum_train", "title": "To secure the Federal voting rights of certain qualified ex-offenders who have served their sentences."} | 2,383 | 256 | 0.550025 | 1.658339 | 0.662331 | 7.777273 | 9.668182 | 0.959091 |
SECTION 1. REVISION OF CONDITIONS OF PAYMENT RELATING TO ANESTHESIA
SERVICES FURNISHED BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.
(a) Promulgation of Revised Regulations.--The Secretary of Health
and Human Services shall revise any regulations describing the
conditions under which payment may be made for anesthesia services
under the medicare program so that--
(1) payment may be made for anesthesia services furnished
in a hospital or an ambulatory surgical center by a certified
registered nurse anesthetist who is permitted to administer
anesthesia under the law of the State in which the service is
furnished; and
(2) the conditions under which payment may be made for a
physician service consisting of the medical direction or
medical supervision of a certified registered nurse anesthetist
meet the requirements of subsection (b)(1).
(b) Requirements for Medical Direction Described.--
(1) In general.--The requirements of this subsection are
that the conditions under which payment may be made for the
medical direction or medical supervision of a certified
registered nurse anesthetist--
(A) shall not restrict such nurse anesthetists
working with anesthesiologists from performing all the
components of the anesthesia service that such nurse
anesthetists are legally authorized to perform in the
State in which the service is furnished; and
(B) shall prevent fraud and abuse in payment for
anesthesia services by requiring that the physician
providing medical direction or medical supervision must
be physically present in the facility where the
certified registered nurse anesthetist's services are
performed and be available in a timely manner for
consultation or assistance if indicated.
(2) Consultation required.--The Secretary shall revise the
regulations referred to in subsection (a)(2) after consultation
with representatives from professional associations of
certified registered nurse anesthetists and anesthesiologists.
(c) Effective Date.--The revisions to the regulations referred to
in subsection (a) shall apply to anesthesia services furnished on or
after January 1, 1995.
(d) Termination of Regulations on Medical Direction or
Supervision.--The regulations referred to in subsection (a)(2) shall be
repealed effective January 1, 1998.
SEC. 2. ENSURING PAYMENT FOR PHYSICIAN AND NURSE FOR JOINTLY FURNISHED
ANESTHESIA SERVICES.
(a) Payment for Jointly Furnished Single Case.--
(1) Payment to physician.--Section 1848(a)(4) of the Social
Security Act (42 U.S.C. 1395w-4(a)(4)), as added by section
13516(a) of the Omnibus Budget Reconciliation Act of 1993
(hereafter referred to as ``OBRA-1993''), is amended by adding
at the end the following new subparagraph:
``(C) Payment for single case.--Notwithstanding
section 1862(a)(1)(A), with respect to physicians'
services consisting of the furnishing of anesthesia
services for a single case that are furnished jointly
with a certified registered nurse anesthetist, if the
carrier determines that the use of both the physician
and the nurse anesthetist to furnish the anesthesia
service was not medically necessary, the fee schedule
amount to be applied shall be equal to 50 percent of
the fee schedule amount otherwise applicable under this
section if the anesthesia service were personally
performed by the physician alone.''.
(2) Payment to crna.--Section 1833(l)(4)(B) of such Act (42
U.S.C. 1395l(l)(4)(B)), as added by section 13516(b) of OBRA-
1993, is amended by adding at the end the following new clause:
``(iv) Notwithstanding section 1862(a)(1)(A), in the case of
services of a certified registered nurse anesthetist consisting of the
furnishing of anesthesia services for a single case that are furnished
jointly with a physician, if the carrier determines that the use of
both the physician and the nurse anesthetist to furnish the anesthesia
service was not medically necessary, the fee schedule amount shall be
equal to 50 percent of the fee schedule amount otherwise applicable
under this section if the anesthesia service were personally performed
by the physician alone.''.
(b) Uniform Treatment of All Multiple Concurrent Cases.--Section
1848(a)(4) of such Act (42 U.S.C. 1395w-4(a)(4)) and section
1842(b)(13) of such Act (42 U.S.C. 1395u(b)(13)), as amended by section
13516(a) of OBRA-1993, are each amended--
(1) by striking ``two, three, or four'' each place it
appears and inserting ``two or more''; and
(2) by inserting ``or medical supervision'' after ``medical
direction'' each place it appears.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to services furnished on or after January 1, 1995. | Instructs the Secretary of Health and Human Services to revise Medicare regulations governing payment of anesthesia services to compensate: (1) certified registered nurse anesthetists (CRNAs) for their services; and (2) physician supervision of CRNAs.
Amends title XVIII (Medicare) of the Social Security Act to provide guidelines for split payments for anesthesia services furnished jointly by a physician and a CRNA. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to revise existing regulations concerning the conditions of payment under part B of the medicare program relating to anesthesia services furnished by certified registered nurse anesthetists, and for other purposes."} | 1,159 | 94 | 0.541826 | 1.324803 | 0.234971 | 1.824324 | 12.121622 | 0.797297 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Domestic Violence
Judicial Support Act of 2012''.
(b) Findings.--The Congress finds as follows:
(1) The 2010 National Survey by the Centers for Disease
Control and Prevention found that 1 in 4 women have been the
victim of severe physical violence by an intimate partner,
while 1 in 7 men experienced severe physical violence by an
intimate partner. Female victims of intimate partner violence
experienced different patterns of violence than male victims.
Female victims experienced multiple forms of these types of
violence; male victims most often experienced physical
violence.
(2) A critical issue in domestic violence cases is the risk
of continued victimization during the pretrial period.
Offenders may violate no-contact orders, further injure
victims, or intimidate them. Such occurrences highlight a
critical need for efficiency in court proceedings.
(3) Of 3,750 intimate partner violence cases filed in State
courts in 16 large urban counties in 2002, children were
present during the violent incident in 36 percent of the cases.
Of those children who were present, 60 percent directly
witnessed the violence. Court collection of information and
statistics related to children who witnessed a violent incident
between intimate partners assists courts in identifying
children in need of services as a result of such an incident.
(4) Domestic violence cases involving spouses and other
intimate partners often entail complex processes that require
careful consideration by the criminal justice system. In the
1990s, many jurisdictions began to create specialized domestic
violence courts for judges to ensure follow-through on cases,
aid domestic violence victims, and hold offenders accountable,
with the assistance of justice and social service agencies. By
specializing in domestic violence offenses, these courts aim to
process cases more efficiently and deliver more consistent
rulings about domestic violence statutes. Some domestic
violence courts also incorporate a stronger focus on
rehabilitation of offenders and deterrence of repeat offenses.
These courts can also be more sensitive to the needs of victims
and be able to direct victims to additional community
resources.
(5) One-third of violent felony defendants in State
criminal courts have been charged with domestic violence.
(6) Teen dating violence cases are best handled by courts
who have had the training to make informed decisions and have
the resources to make services available, on-site and in the
community, including--
(A) counseling;
(B) victim witness services;
(C) assistance with civil restraining orders,
paternity determinations, custody and access orders,
and child support orders; and
(D) locating other assistance needed by teen
victims.
(7) There are more than 400,000 children in foster care in
the United States. Congress has charged juvenile courts with
oversight of child welfare cases. Highly trained and engaged
judges focused on effective case oversight and system reform
have been shown to save significant foster care costs for the
States.
(8) A 2009 study by the Department of Justice found that
Kentucky saved $85,000,000 in one year through the issuance of
protection orders and the reduction in violence resulting from
the issuance of such orders. Examples such as this are
prevalent across the Nation.
(9) Children with a Court Appointed Special Advocate
volunteer spend 7.5 months less in foster care, experience
fewer out of home placements, and have significantly improved
education performance, compared to their peers without a
volunteer advocate.
(10) By reducing long-term foster care placements,
subsequent victimization, and reentry into the foster care
system, the Court Appointed Special Advocate program
substantially reduces child welfare costs.
SEC. 2. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES AND VICTIMS IN THE
JUSTICE SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386;
114 Stat. 1509) is amended by striking the section preceding section
1302 (42 U.S.C. 10420), as amended by section 306 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 316), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to States,
units of local government, courts (including juvenile courts), Indian
tribal governments, nonprofit organizations, legal services providers,
and victim services providers to improve the response of all aspects of
the civil and criminal justice system to families and victims with a
history of domestic violence, dating violence, sexual assault, or
stalking, or in cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence,
dating violence, sexual assault, or stalking, or in cases
involving allegations of child sexual abuse, including cases in
which the victim proceeds pro se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and child
protective services workers on the dynamics of domestic
violence, dating violence, sexual assault (including child
sexual abuse), and stalking, including information on
perpetrator behavior, evidence-based risk factors for domestic
and dating violence homicide, and on issues relating to the
needs of victims, including safety, security, privacy, and
confidentiality, including cases in which the victim proceeds
pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the health and mental
health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized
courts, consolidated courts, dockets, intake centers,
or interpreter services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, pro se victim assistance programs, or
community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) provide civil legal assistance and advocacy services,
including legal information and resources in cases in which the
victim proceeds pro se, to--
``(A) victims of domestic violence, dating
violence, sexual assault, or stalking; and
``(B) nonoffending parents in matters--
``(i) that involve allegations of child
sexual abuse;
``(ii) that relate to family matters,
including civil protection orders, custody, and
divorce; and
``(iii) in which the other parent is
represented by counsel;
``(7) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil and criminal justice needs of
victims of domestic violence, dating violence, sexual assault,
and stalking who have legal representation, who are proceeding
pro se, or are proceeding with the assistance of a legal
advocate; and
``(8) improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil, criminal, and juvenile justice
systems.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (7) of subsection (b), the Attorney
General shall consider--
``(A) the number of families and victims to be
served by the proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant
demonstrates cooperation and collaboration with
nonprofit, nongovernmental entities in the local
community with demonstrated histories of effective work
on domestic violence, dating violence, sexual assault,
or stalking, including State or tribal domestic
violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant
demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms
for communication and referral.
``(2) Other grants.--In making grants under paragraph (8)
of subsection (b), the Attorney General shall take consider the
extent to which the applicant has experience providing
training, education, or other assistance to the judicial system
related to family violence, child custody, child abuse and
neglect, adoption, foster care, supervised visitation, divorce,
and parentage.
``(d) Applicant Requirements.--The Attorney General may make a
grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on the
income of those individuals, unless otherwise provided by court
order;
``(3) for a court-based program, certifies that victims of
domestic violence, dating violence, sexual assault, or stalking
are not charged fees or any other costs related to the filing,
petitioning, modifying, issuance, registration, enforcement,
withdrawal, or dismissal of matters relating to the domestic
violence, dating violence, sexual assault, or stalking;
``(4) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are, or
will be, in place (including the development of protocols or
policies to ensure that confidential information is not shared
with courts, law enforcement agencies, or child welfare
agencies unless necessary to ensure the safety of any child or
adult using the services of a program funded under this
section), if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange;
``(5) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(6) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and
related legal issues; and
``(7) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with a
tribal, State, territorial, or local domestic violence, dating
violence, sexual assault, or stalking organization or coalition
on the dynamics of domestic violence and sexual assault,
including child sexual abuse, that includes training on how to
review evidence of past abuse and the use of evidenced-based
theories to make recommendations on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $22,000,000 for each of the
fiscal years 2013 through 2017. Amounts appropriated pursuant to this
subsection shall remain available until expended.''.
SEC. 3. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) in subparagraph (A) of subsection (c)(2), by
striking ``Code of Ethics'' and inserting ``Standards
for Programs''; and
(B) by adding at the end the following:
``(e) Reporting by Grantees.--An organization that receives a grant
under this section for a fiscal year shall submit to the Administrator
a report regarding the use of the grant for the fiscal year, including
a discussion of outcome performance measures (which shall be
established by the Administrator) to determine the effectiveness of the
programs of the organization in meeting the needs of children in the
child welfare system.''; and
(3) in subsection (a) of section 219 (42 U.S.C. 13014), by
striking ``fiscal years 2007 through 2011'' and inserting ``the
fiscal years 2013 through 2017''.
SEC. 4. REAUTHORIZATION OF THE CHILD ABUSE TRAINING PROGRAMS FOR
JUDICIAL PERSONNEL AND PRACTITIONERS.
Subsection (a) of section 224 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024) is amended to read as follows:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $2,300,000 for each of the fiscal years 2013
through 2017.''. | Domestic Violence Judicial Support Act of 2012 - Amends the Victims of Trafficking and Violence Protection Act of 2000, as amended by the Violence Against Women and Department of Justice Reauthorization Act of 2005, to authorize the Attorney General to make grants to state and local governments, Indian tribal governments, courts and other specified providers for: (1) supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; and (2) court-related and child protective services workers education on the dynamics of domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking.
Amends the Victims of Child Abuse Act of 1990 to: (1) ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs one; and (2) reauthorize through FY2017 the court-appointed special advocate program and the child abuse training programs for judicial personnel and practitioners. | {"src": "billsum_train", "title": "To consolidate, improve, and reauthorize programs that support families and victims in the justice system affected by domestic violence."} | 2,984 | 224 | 0.52352 | 1.697805 | 0.666676 | 4.762136 | 13.912621 | 0.966019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Right-To-Know Act of
2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Project SHAD'' means a series of tests,
known as the Shipboard Hazard and Defense Project, conducted by
the Department of Defense between approximately 1962 and 1970
that were intended to evaluate the effectiveness of shipboard
detection and protective procedures against chemical warfare
agents and biological warfare agents.
(2) The term ``Project 112'' means a series of tests
conducted by the Department of Defense primarily during the
1960s in and around Alaska using chemical and biological
agents.
SEC. 3. IDENTIFICATION OF PROJECTS.
(a) Identification.--The Secretary of Defense shall identify each
developmental or operational test of the Department of Defense (or a
contractor of the Department of Defense) involving chemical or
biological weapons, or defense against such weapons, in which members
of the Armed Forces or civilians were or may have been exposed to
actual or simulated hazardous agents, whether with or without their
knowledge or consent. The Secretary shall identify such tests based on
a thorough review of the records of the Department, including
classified and unclassified records.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the actions of the Secretary under subsection (a).
The report shall include, with respect to each test identified pursuant
to subsection (a), the following:
(1) A description of the test, including the test name, the
date and location of the test, the test objective, and
identification of each biological or chemical agent involved
and the name of any solvent used to clean up after the test.
(2) The number of members of the Armed Forces, and the
number of persons who were not members of the Armed Forces, who
may have been affected by the test.
(3) Identification of any vessels or other major equipment
involved in the test.
SEC. 4. OVERSIGHT WORKING GROUP ON BIOLOGICAL AND CHEMICAL TESTING.
(a) Establishment of Oversight Group.--
(1) In general.--The Comptroller General shall establish
within the General Accounting Office an Oversight Working Group
on Biological and Chemical Testing. The Oversight Working Group
shall work to review activities of the Department of Defense
being carried out to investigate all chemical and biological
tests conducted by the Department that involved, or may have
exposed, members of the Armed Forces or civilians.
(2) Time for establishment.--The Oversight Working Group
shall be established by the Comptroller General not later than
30 days after the date of the enactment of this Act.
(3) Commencement of activities.--The Oversight Working
Group shall begin their review of Department of Defense
materials immediately upon being established.
(b) Report on Project SHAD (and Project 112).--Not later than six
months after the date of the enactment of this Act, the Oversight
Working Group shall submit to Congress a report providing information
concerning Project SHAD and Project 112. The report shall include the
following:
(1) A description of efforts underway within the Department
of Defense to identify tests that were conducted as part of
Project SHAD and to declassify information concerning such
tests.
(2) A description of each test identified under section
3(a), including the test name, test objective, chemical or
biological agents involved, solvents involved, and number of
members of the Armed Forces, and the number of civilians
potentially affected by such test.
(3) A description of the plans of the Secretary of Defense
for the release of information on each test so identified.
(4) A description of the actions the Secretary of Defense
proposes to undertake with the Secretary of Veterans Affairs in
order to notify former members of the Armed Forces potentially
affected by each test so identified of their participation in
the test.
(5) A description of the actions the Secretary proposes to
undertake in order to notify persons other than former members
of the Armed Forces who were potentially affected by each test
so identified of their participation in such test.
(6) Information, to the extent feasible, on tests conducted
as part of Project SHAD for which information has not been
declassified.
(7) An evaluation of the effectiveness of efforts described
under paragraph (1) and any recommendations for improvement in
future investigation efforts.
(c) Continuing Functions.--Upon completion of the report under
subsection (b), the Oversight Working Group shall continue to review
Department of Defense investigations of any other cases of chemical or
biological testing by the Department of Defense in which members of the
Armed Forces or civilians may have been exposed to chemical or
biological agents with or without their knowledge or consent.
(d) Information and Historical Knowledge of Key Veterans and
Veteran Service Organizations.--The Oversight Working Group shall seek
to identify veterans and veterans services organizations with
significant information involving test projects such as Project SHAD
and Project 112 and shall seek to have such information made available
to the Secretary of Defense and the Secretary of Veterans Affairs. If
feasible, such information shall be included in reports of the
Oversight Working Group.
(e) Annual Report to Congress.--The Oversight Working Group shall
submit an annual report to Congress. Each such report shall include the
following:
(1) Information on the activities of the Oversight Working
Group during the year covered by the report.
(2) With respect to any tests identified since the previous
report under this section that were conducted as part of any
testing of chemical or biological agents by the Department of
Defense in which members of the Armed Forces or civilians may
have been exposed to chemical or biological agents without
their knowledge or consent, information in the same manner as
provided for under subsection (c).
(3) Information on costs associated with the work of the
Oversight Working Group during the year covered by the report.
(f) Access to Declassified Information.--As Department of Defense
information relating to tests of referred to in section 3(a) is
declassified, the Secretary of Defense shall ensure that such
information is immediately provided to the Oversight Working Group.
SEC. 5. FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Notification of Veterans.--The Secretary of Veterans Affairs
shall notify in writing each veteran who is determined to have been
involved in any of the tests conducted as part of any testing of
chemical or biological agents by the Department of Defense in which
members of the Armed Forces may have been exposed to chemical or
biological agents without their knowledge or consent, including testing
conducted as part of Project SHAD. Such notification shall include
detailed information as to the veteran's participation in such testing
and of the veteran's possible exposure to chemical or biological agents
or solvents as a result of such testing, including when and where the
testing was conducted and what type of chemical or biological agents or
solvents were used in the testing. Such notification shall also include
instructions on how to receive a health care evaluation from the
Department of Veterans Affairs.
(b) Evaluation of Additional Information.--As additional
information becomes available concerning Project SHAD or any other
testing of chemical or biological agents by the Department of Defense
in which members of the Armed Forces or civilians may have been exposed
to chemical or biological agents without their knowledge or consent,
the Secretary of Veterans Affairs, working in conjunction with the
Director of the Institute of Medicine of the National Academy of
Sciences, shall act expeditiously to review declassified material to
determine any lasting health effects that may have been incurred by
veterans as a result of such exposure. Any such health effects
information shall be made available to the public and to Members of
Congress upon request and to any veteran who may have incurred such
health effects and shall be made available through the public internet
world-wide-web site of the Department of Veterans Affairs.
(c) Notification to Affected Veterans.--When health effects due to
exposures referred to in subsection (b) are identified, the Secretary
of Veterans Affairs shall notify by mail any veteran who, based upon
the information available to the Secretary, may have been subject to
such exposure. Such notification shall include notice of the possible
exposure of the veteran, a description of the potential health effects
of such exposure, and instructions on how to receive a health care
evaluation from the Department of Veterans Affairs.
(d) Clinical Evaluation.--The Institute of Medicine shall undertake
an overall clinical evaluation of all chemical and biological testing
conducted by the Department of Defense to determine a history of how
veterans' health status may have been affected by such tests and any
other information acquired as a result of those tests.
SEC. 6. EXPEDITED PROCESSING OF FOIA REQUESTS.
(a) Expedited Processing.--For purposes of expedited processing
under section 552(a)(6)(E) of title 5, United States Code, any covered
requester of a record relating to any testing, including Project SHAD,
of chemical or biological agents by the Department of Defense in which
members of the Armed Forces or civilians may have been exposed to
chemical or biological agents without their knowledge or consent shall
be deemed to have demonstrated a compelling need for such record.
(b) Covered Requesters.--For purposes of this section, the term
``covered requester'' means any Member of Congress and any person
acting on behalf of a veterans' service organization. | Veterans Right-To-Know Act of 2002 - Requires the Secretary of Defense to identify each developmental or operational test of the Department of Defense (DOD) involving chemical or biological weapons, or defense against such weapons, in which military personnel or civilians were or may have been exposed to actual or simulated hazardous agents, with or without their knowledge or consent.Requires the Comptroller General to establish within the General Accounting Office an Oversight Working Group on Biological and Chemical Testing to: (1) review DOD chemical and biological test activities that involved exposure to military personnel or civilians; (2) report to Congress information concerning Project SHAD (DOD tests to evaluate the effectiveness of shipboard detection and protective procedures against chemical and biological warfare agents) and Project 112 (DOD tests in and around Alaska using chemical and biological agents); (3) continue to review DOD investigations of any other cases of DOD chemical or biological testing; and (4) identify veterans and veterans organizations with significant information involving such test projects and seek to have that information made available to the Secretaries of Defense and Veterans Affairs.Directs the Secretary of Veterans Affairs to: (1) notify any veterans who may have been exposed, with instructions on how to receive a health care evaluation; and (2) review declassified material to determine any lasting health effects that may have been incurred by exposed veterans. | {"src": "billsum_train", "title": "To provide for the disclosure of information on projects of the Department of Defense, such as Project 112 and the Shipboard Hazard and Defense Project (Project SHAD), that included testing of biological or chemical agents involving potential exposure of members of the Armed Forces to toxic agents, and for other purposes."} | 2,026 | 286 | 0.659028 | 1.926947 | 0.937586 | 4.923664 | 7.347328 | 0.931298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Pension Equity Act of
1996''.
SEC. 2. MODEL SPOUSAL CONSENT FORM AND QUALIFIED DOMESTIC RELATIONS
ORDER.
(a) Model Spousal Consent Form.--
(1) Amendment to internal revenue code.--Section 417(a) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(7) Consent form.--The Secretary shall develop a form not
later than January 1, 1997, for the spousal consent required
under paragraph (2) which--
``(A) is written in a manner calculated to be
understood by the average person, and
``(B) discloses in plain form whether--
``(i) the waiver is irrevocable, and
``(ii) the waiver may be revoked by a
qualified domestic relations order.''.
(2) Amendment to erisa.--Section 205(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1055(c)) is
amended by adding at the end the following new paragraph:
``(8) The Secretary of the Treasury shall develop a form no
later than January 1, 1997, for the spousal consent required
under paragraph (2) which--
``(A) is written in a manner calculated to be
understood by the average person, and
``(B) discloses in plain form whether--
``(i) the wavier is irrevocable, and
``(ii) the waiver may be revoked by a
qualified domestic relations order.''.
(b) Model Qualified Domestic Relations Order.--
(1) Amendment to erisa.--Section 206(d)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3))
is amended by adding at the end the following new subparagraph:
``(O) The Secretary shall develop a form not later than January 1,
1997, for a qualified domestic relations order--
``(i) which meets all the requirements of subparagraph
(B)(i), and
``(ii) the provisions of which focus attention on the need
to consider the treatment of any lump sum payment, qualified
joint and survivor annuity, or qualified preretirement survivor
annuity.''.
(2) Amendment to internal revenue code.--Section 414(p) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(13) The Secretary of Labor shall develop a form not
later than January 1, 1997, for a qualified domestic relations
order which--
``(A) which meets all the requirements of paragraph
(1)(A), and
``(B) the provisions of which focus attention on
the need to consider the treatment of any lump sum
payment, qualified joint and survivor annuity, or
qualified preretirement survivor annuity.''.
(c) Publicity.--The Secretary of the Treasury and the Secretary of
Labor shall include publicity for the model forms required by the
amendments made by this section in the pension outreach efforts
undertaken by each Secretary.
SEC. 3. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS TO SURVIVING
FORMER SPOUSES PURSUANT TO DIVORCE AGREEMENTS.
(a) In General.--Section 5 of the Railroad Retirement Act of 1974
(45 U.S.C. 231d) is amended by adding at the end the following new
subsection:
``(d) Notwithstanding any other provisions of law, the payment of
any portion of an annuity computed under section 3(d) to a surviving
former spouse in accordance with a court decree of divorce, annulment,
or legal separation or the terms of any court-approved property
settlement incident to any such court decree shall not be terminated
upon the death of the individual who preformed the service with respect
to which such annuity is so computed unless such termination is
otherwise required by the terms of such court decree.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS, AND FORMER SPOUSES OF
FEDERAL EMPLOYEES WHO DIE BEFORE ATTAINING AGE FOR
DEFERRED ANNUITY UNDER CIVIL SERVICE RETIREMENT SYSTEM.
(a) Benefits for Widow or Widower.--Section 8341(f) of title 5,
United States Code, is amended--
(1) in the matter preceding paragraph (1) by--
(A) by inserting ``a former employee separated from
the service with title to deferred annuity from the
Fund dies before having established a valid claim for
annuity and is survived by a spouse, or if'' before ``a
Member''; and
(B) by inserting ``of such former employee or
Member'' after ``the surviving spouse'';
(2) in paragraph (1)--
(A) by inserting ``former employee or'' before
``Member commencing''; and
(B) by inserting ``former employee or'' before
``Member dies''; and
(3) in the undesignated sentence following paragraph (2)--
(A) in the matter preceding subparagraph (A) by
inserting ``former employee or'' before ``Member''; and
(B) in subparagraph (B) by inserting ``former
employee or'' before ``Member''.
(b) Benefits for Former Spouse.--Section 8341(h) of title 5, United
States Code, is amended--
(1) in paragraph (1) by adding after the first sentence
``Subject to paragraphs (2) through (5) of this subsection, a
former spouse of a former employee who dies after having
separated from the service with title to a deferred annuity
under section 8338(a) but before having established a valid
claim for annuity is entitled to a survivor annuity under this
subsection, if and to the extent expressly provided for in an
election under section 8339(j)(3) of this title, or in the
terms of any decree of divorce or annulment or any court order
or court-approved property settlement agreement incident to
such decree.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(ii) by striking ``or
annuitant,'' and inserting ``annuitant, or former
employee''; and
(B) in subparagraph (B)(iii) by inserting ``former
employee or'' before ``Member''.
(c) Protection of Survivor Benefit Rights.--Section 8339(j)(3) of
title 5, United States Code, is amended by inserting at the end the
following:
``The Office shall provide by regulation for the application of
this subsection to the widow, widower, or surviving former spouse of a
former employee who dies after having separated from the service with
title to a deferred annuity under section 8338(a) but before having
established a valid claim for annuity.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply only in
the case of a former employee who dies on or after such date.
SEC. 5. COURT ORDERS RELATING TO FEDERAL RETIREMENT BENEFITS FOR FORMER
SPOUSES OF FEDERAL EMPLOYEES.
(a) Civil Service Retirement System.--
(1) In general.--Section 8345(j) of title 5, United States
Code, is amended--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Payment to a person under a court decree, court order,
property settlement, or similar process referred to under paragraph (1)
shall include payment to a former spouse of the employee, Member, or
annuitant.''.
(2) Lump-sum benefits.--Section 8342 of title 5, United
States Code, is amended--
(A) in subsection (c) by striking ``Lump-sum
benefits'' and inserting ``Subject to subsection (j),
lump-sum benefits''; and
(B) in subsection (j)(1) by striking ``the lump-sum
credit under subsection (a) of this section'' and
inserting ``any lump-sum credit or lump-sum benefit
under this section''.
(b) Federal Employees Retirement System.--Section 8467 of title 5,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Payment to a person under a court decree, court order,
property settlement, or similar process referred to under subsection
(a) shall include payment to a former spouse of the employee, Member,
or annuitant.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 6. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY WAIVER OF RETIRED
PAY TO ENHANCE CIVIL SERVICE RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--(1) Subsection
(c) of section 8332 of title 5, United States Code, is amended by
adding at the end the following:
``(4) If an employee or Member waives retired pay that is subject
to a court order from which there has been effective service on the
Secretary concerned for purposes of section 1408 of title 10, the
military service on which the retired pay is based may be credited as
service for purposes of this subchapter only if, in accordance with
regulations prescribed by the Director of the Office of Personnel
Management, the employee or Member authorizes the Director to deduct
and withhold from the annuity payable to the employee or Member under
this subchapter, and to pay to the former spouse covered by the court
order, the same amount that would have been deducted and withheld from
the employee's or Member's retired pay and paid to that former spouse
under such section 1408.''.
(2) Paragraph (1) of such subsection is amended by striking out
``Except as provided in paragraph (2)'' and inserting ``Except as
provided in paragraphs (2) and (4)''.
(b) Federal Employees' Retirement System.--(1) Subsection (c) of
section 8411 of title 5, United States Code, is amended by adding at
the end the following:
``(5) If an employee or Member waives retired pay that is subject
to a court order for which there has been effective service on the
Secretary concerned for purposes of section 1408 of title 10, the
military service on which the retired pay is based may be credited as
service for purposes of this chapter only if, in accordance with
regulations prescribed by the Director of the Office of Personnel
Management, the employee or Member authorizes the Director to deduct
and withhold from the annuity payable to the employee or Member under
this subchapter, and to pay to the former spouse covered by the court
order, the same amount that would have been deducted and withheld from
the employee's or Member's retired pay and paid to that former spouse
under such section 1408.''.
(2) Paragraph (1) of such subsection is amended by striking out
``Except as provided in paragraph (2) or (3)'' and inserting ``Except
as provided in paragraphs (2), (3), and (5)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1997. | Women's Pension Equity Act of 1996 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the development of a model: (1) spousal consent form when an election is made to waive a qualified joint and survivor annuity or a qualified preretirement survivor annuity; and (2) qualified domestic relations order.
Amends the Railroad Retirement Act of 1974 to extend the payment of any portion of Tier II Railroad Retirement benefits to surviving former spouses pursuant to divorce agreements.
Amends Federal law to provide for a survivor annuity to widows, widowers, and certain former spouses of Federal employees who die after having separated from the service with title to a deferred annuity, but before attaining age for such annuity under the Civil Service Retirement System on the same basis as is currently provided to certain survivors of former Members of Congress.
Revises provisions concerning Federal retirement benefits subject to a court order. | {"src": "billsum_train", "title": "Women's Pension Equity Act of 1996"} | 2,727 | 221 | 0.564181 | 1.663561 | 0.733966 | 3.244444 | 13.005556 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Errors Reduction Act of
2001''.
SEC. 2. INFORMATICS SYSTEMS GRANT PROGRAM FOR HOSPITALS AND SKILLED
NURSING FACILITIES.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a program to make grants to eligible entities that
have submitted applications in accordance with subsection (b)
for the purpose of assisting such entities in offsetting the
costs related to purchasing, leasing, developing, and
implementing standardized clinical health care informatics
systems designed to improve patient safety and reduce adverse
events and health care complications resulting from medication
errors.
(2) Duration.--The authority of the Secretary to make
grants under this section shall terminate on September 30,
2011.
(3) Costs defined.--For purposes of this section, the term
``costs'' shall include total expenditures incurred for--
(A) purchasing, leasing, and installing computer
software and hardware, including handheld computer
technologies;
(B) making improvements to existing computer
software and hardware;
(C) purchasing or leasing communications
capabilities necessary for clinical data access,
storage, and exchange; and
(D) providing education and training to eligible
entity staff on computer patient safety information
systems.
(4) Eligible entity defined.--For purposes of this section,
the term ``eligible entity'' means the following entities:
(A) Hospital.--A hospital (as defined in section
1861(e) of the Social Security Act (42 U.S.C.
1395x(e))).
(B) Skilled nursing facility.--A skilled nursing
facility (as defined in section 1819(a) of such Act (42
U.S.C. 1395i-3(e))).
(b) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
specifies.
(c) Special Considerations and Rural Hospital Reserve.--
(1) Special consideration for eligible entities that serve
a large number of medicare, medicaid, and schip eligible
individuals.--In awarding grants under this section, the
Secretary shall give special consideration to eligible entities
in which individuals that are eligible for benefits under the
medicare program under title XVIII of the Social Security Act,
the medicaid program under title XIX of such Act, or under the
State children's health insurance program under title XXI of
such Act make up a high percentage of the total patient
population of the entity.
(2) Reserve 20 percent of grant funds for rural
hospitals.--
(A) In general.--Subject to subparagraph (C), the
Secretary shall ensure that at least 20 percent of the
funds available for making grants under this section
are used for making grants to eligible entities that
are rural hospitals.
(B) Rural hospital defined.--For purposes of
subparagraph (A), the term ``rural hospital'' means a
hospital that--
(i) is located in a rural area (as such
term is defined for purposes of section 1886(d)
of the Social Security Act (42 U.S.C.
1395ww(d)));
(ii) is located in an area designated by
any law or regulation of the State as a rural
area; or
(iii) is designated by the State as a rural
hospital.
(C) Availability of reserve funds if limited number
of rural hospitals apply for grants.--If the Secretary
estimates that the amount of funds reserved under
subparagraph (A) for hospitals described in such
subparagraph exceeds the maximum amount of funds
permitted for such hospitals under subsection (d), the
Secretary may reduce the amount reserved for such
hospitals by an amount equal to such excess and use
such funds for awarding grants to other eligible
entities.
(3) Special consideration for compliance with recommended
standards.--In awarding grants under this section, the
Secretary shall give special consideration to eligible entities
for grants that are intended to comply with the requirements
referred to in paragraph (1)(B) of section 3(c) (relating to
interoperability standardization, common medical technology (lexicon),
and records security) that are recommended under such section.
(d) Limitation on Amount of Grant.--
(1) In general.--A grant awarded under this section may not
exceed the lesser of--
(A) an amount equal to the applicable percentage of
the costs incurred by the eligible entity for the
project for which the entity is seeking funding under
this section; or
(B) in the case of a grant made to a--
(i) hospital, $750,000; or
(ii) skilled nursing facility, $200,000.
(2) Applicable percentage.--For purposes of paragraph
(1)(A), the term ``applicable percentage'' means, with respect
to an eligible entity, the percentage of total net revenues for
such period as determined appropriate by the Secretary for the
entity that consists of net revenues from the medicare and
medicaid programs or the State children's health insurance
program under titles XVIII, XIX, and XXI of the Social Security
Act.
(e) Eligible Entity Required To Furnish Secretary With
Information.--An eligible entity receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to--
(1) evaluate the project for which the grant is made; and
(2) ensure that funding provided under the grant is
expended for the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate on the grant program
established under this section.
(B) Contents.--A report submitted pursuant to
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the projects for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 180 days after the
completion of all of the projects for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--
(A) Hospitals.--There are authorized to be
appropriated from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) $93,000,000, for each of the fiscal years
2002 through 2011, for the purpose of making grants
under this section to eligible entities that are
hospitals.
(B) Skilled nursing facilities.--There are
authorized to be appropriated from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social
Security Act (42 U.S.C. 1395i) $4,500,000, for each of
the fiscal years 2002 through 2011, for the purpose of
making grants under this section to eligible entities
that are skilled nursing facilities.
(2) Availability.--Any amounts appropriated pursuant to the
authority contained in subparagraph (A) or (B) of paragraph (1)
shall remain available, without fiscal year limitation, through
September 30, 2011.
SEC. 3. MEDICAL INFORMATION TECHNOLOGY ADVISORY BOARD.
(a) Establishment.--No later than three months after the date of
the enactment of this Act, the Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall appoint a
board to be known as the ``Medical Information Technology Advisory
Board'' (in this section referred to as the ``MITAB''). The Secretary
shall designate one member as chairman and one as vice chairman.
(b) Composition.--
(1) In general.--The MITAB shall consist of 17 members that
include--
(A) experts from the fields of medical information,
information technology, medical continuous quality
improvement, medical records security and privacy,
individual and institutional health care clinical
providers, health researchers, and health care
purchasers;
(B) one or more Members of the National Committee
on Vital and Health Statistics and one or more Members
of the Medicare Payment Advisory Commission or its
staff; and
(C) one or more staff experts from the National
Library of Medicine, the Centers for Medicare &
Medicaid Services, and the Agency for Healthcare
Research and Quality.
(2) Terms; etc.--The provisions of paragraphs (3) through
(8) of section 4021(c) of the Balanced Budget Act of 1997 shall
apply to the MITAB in the same manner as they applied to the
National Bipartisan Commission on the Future of Medicare.
(c) Duties.--
(1) Initial report.--No later than 30 months after the date
of the enactment of this Act, the MITAB shall submit to
Congress a report on the following:
(A) The best current practices in medical
information technology.
(B) The requirements to be established (after
appropriate development and testing) for--
(i) health care information technology
interoperability standardization,
(ii) common medical terminology (lexicon),
and
(iii) records security.
(C) Certification of compliance with MITAB
requirements, so that the goal of confidential
information exchange among health care providers may be
promoted and so that long-term compatibility among
information systems is maximized, in order to promote
one or more of the goals described in subsection (d).
(2) Subsequent reports.--During the 6 years after the year
in which the report is submitted under paragraph (1), the MITAB
shall submit to Congress reports, every 24 months, relating to
additional recommendations, best practices, results of
information technology improvements financed under grants under
section 2, and such other matters as may help ensure the most
rapid dissemination of best practices in health care
information technology.
(d) Goals.--The goals described in this subsection are the
following:
(1) To maximize positive outcomes in clinical care--
(A) by providing decision support for diagnosis and
care; and
(B) by assisting in the emergency treatment of a
patient presenting at a facility where there is no
medical record of the patient.
(2) To contribute to (and be consistent with) the
development of the patient assessment instrument provided for
under section 545 of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106-554), and to assist in
minimizing the need for new and different records as patients
move from provider to provider.
(3) To reduce or eliminate the need for redundant records,
paperwork, and the repetitive taking of patient histories and
administering of tests.
(4) To minimize medical errors, such as administration of
contraindicated drugs.
(5) To promote and ensure access to best practices of
medicine through support of research across institutions.
(6) To provide a compatible information technology
architecture that facilitates future quality and cost-saving
needs and that avoids the financing and development of
information technology systems that are not readily compatible.
(e) Staff and Administration.--The provisions of section 4021(d) of
the Balanced Budget Act of 1997 shall apply to the MITAB in the same
manner as they applied to the National Bipartisan Commission on the
Future of Medicare.
(f) Powers.--The provisions of section 4021(e) of the Balanced
Budget Act of 1997 shall apply to the MITAB in the same manner as they
applied to the National Bipartisan Commission on the Future of
Medicare.
(g) Termination.--The MITAB shall terminate 30 days after the date
of submission of its final report under subsection (c)(2).
(h) Authorization of Appropriations.--There are authorized to be
appropriated $2,500,000 in fiscal year 2002, $8,000,000 in fiscal year
2003, and $9,500,000 in fiscal year 2004 to carry out this section. The
full amount of such appropriation shall be payable from the Federal
Hospital Insurance Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i). Funding for the reports provided under
subsection (c)(2) shall be from funds appropriated for the
administrative budget of the Centers for Medicare & Medicaid Services. | Medication Errors Reduction Act of 2001 - Directs the Secretary of Health and Human Services to establish a program to make grants to eligible entities for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.Gives special consideration to eligible entities serving a large number of Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) eligible individuals. Reserves a certain percentage of grant funds for rural hospitals.Terminates the Secretary's authority to make such grants on September 30, 2011.Directs the Secretary to appoint a Medical Information Technology Advisory Board to study and report to Congress on best current practices in medical information technology and certain standardization and security requirements. | {"src": "billsum_train", "title": "To establish an informatics grant program for hospitals and skilled nursing facilities and to encourage health care providers to make major information technology advances by establishing a Medical Information Technology Advisory Board that will develop and disseminate standards for the electronic sharing of medical information."} | 2,757 | 186 | 0.669639 | 1.843693 | 0.869552 | 5.37013 | 16.448052 | 0.941558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.
SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER PROTECTION SAFETY NET.
(a) In General.--The Secretary of Commerce shall, in coordination
with the Federal Trade Commission and other appropriate Federal
agencies, and consistent with the international obligations of the
United States, strengthen Federal consumer protection activities for
ensuring that commercially distributed seafood in the United States
meets the food quality and safety requirements of applicable Federal
laws.
(b) Interagency Agreements.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Secretary and other appropriate
Federal agencies shall execute memoranda of understanding or
other agreements to strengthen interagency cooperation on
seafood safety, seafood labeling, and seafood fraud.
(2) Scope of agreements.--The agreements shall include
provisions, as appropriate for each such agreement, for--
(A) cooperative arrangements for examining and
testing seafood imports that leverage the resources,
capabilities, and authorities of each party to the
agreement;
(B) coordination of inspections of foreign
facilities to increase the percentage of imported
seafood and seafood facilities inspected;
(C) standardizing data on seafood names, inspection
records, and laboratory testing to improve interagency
coordination;
(D) coordination of the collection, storage,
analysis, and dissemination of all applicable
information, intelligence, and data related to the
importation, exportation, transportation, sale,
harvest, processing, or trade of seafood in order to
detect and investigate violations under applicable
Federal laws, and to carry out the provisions of this
Act;
(E) developing a process for expediting imports of
seafood into the United States from foreign countries
and exporters that consistently adhere to the highest
standards for ensuring seafood safety;
(F) coordination to track shipments of seafood in
the distribution chain within the United States;
(G) enhancing labeling requirements and methods of
assuring compliance with such requirements to clearly
identity species and prevent fraudulent practices;
(H) a process by which officers and employees of
the National Oceanic and Atmospheric Administration may
be commissioned by the head of any other appropriate
Federal agency to conduct or participate in seafood
examinations and investigations under applicable
Federal laws administered by such other agency;
(I) the sharing of information concerning observed
non-compliance with United States seafood requirements
domestically and in foreign countries and new
regulatory decisions and policies that may affect
regulatory outcomes;
(J) conducting joint training on subjects that
affect and strengthen seafood inspection effectiveness
by Federal authorities;
(K) sharing, to the maximum extent allowable by
law, all applicable information, intelligence, and data
related to the importation, exportation,
transportation, sale, harvest, processing, or trade of
seafood in order to detect and investigate violations
under applicable Federal laws, or otherwise to carry
out the provisions of this Act; and
(L) outreach to private testing laboratories,
seafood industries, and the public on Federal efforts
to enhance seafood safety and compliance with labeling
requirements, including education on Federal
requirements for seafood safety and labeling and
information on how these entities can work with
appropriate Federal agencies to enhance and improve
seafood inspection and assist in detecting and
preventing seafood fraud and mislabeling.
(3) Annual reports on implementation of agreements.--The
Secretary, the Chairman of the Federal Trade Commission, and
the heads of other appropriate Federal agencies that are
parties to agreements executed under paragraph (1) shall
submit, jointly or severally, an annual report to the Congress
concerning--
(A) specific efforts taken pursuant to the
agreements;
(B) the budget and personnel necessary to
strengthen seafood safety and labeling and prevent
seafood fraud; and
(C) any additional authorities necessary to improve
seafood safety and labeling and prevent seafood fraud.
(c) Marketing, Labeling, and Fraud Report.--Within 1 year after the
date of enactment of this Act, the Secretary and the Chairman of the
Federal Trade Commission shall submit a joint report to the Congress on
consumer protection and enforcement efforts with respect to seafood
marketing and labeling in the United States. The report shall include--
(1) findings with respect to the scope of seafood fraud and
deception in the United States market and its impact on
consumers;
(2) information on how the National Oceanic and Atmospheric
Administration and the Federal Trade Commission can work
together more effectively to address fraud and unfair or
deceptive acts or practices with respect to seafood;
(3) detailed information on the enforcement and consumer
outreach activities undertaken by the National Oceanic and
Atmospheric Administration and the Federal Trade Commission
during the preceding year pursuant to this Act; and
(4) an examination of the scope of unfair or deceptive acts
or practices in the United States market with respect to foods
other than seafood and whether additional enforcement authority
or activity is warranted.
(d) NOAA Seafood Inspection and Marking Coordination.--
(1) Deceptive marketing and fraud.--The National Oceanic
and Atmospheric Administration shall report deceptive seafood
marketing and fraud to the Federal Trade Commission pursuant to
an agreement under subsection (b).
(2) Application with existing agreements.--Nothing in this
Act shall be construed to impede, minimize, or otherwise affect
any agreement or agreements regarding cooperation and
information sharing in the inspection of fish and fishery
products and establishments between the Department of Commerce
and the Department of Health and Human Services in effect on
the date of enactment of this Act. Within 6 months after the
date of enactment of this Act, the Secretary of Commerce and
the Secretary of Health and Human Services shall submit a joint
report to the Congress on implementation of any such agreement
or agreements, including the extent to which the Food and Drug
Administration has taken into consideration information
resulting from inspections conducted by the Department of
Commerce in making risk-based determinations such as the
establishment of inspection priorities for domestic and foreign
facilities and the examination and testing of imported seafood.
(3) Coordination with sea grant program.--The Administrator
of the National Oceanic and Atmospheric Administration shall
ensure that the NOAA Seafood Inspection Program is coordinated
with the Sea Grant Program to provide outreach to States,
consumers, and the seafood industry on seafood testing, seafood
labeling, and seafood substitution, and strategies to combat
mislabeling and fraud.
SEC. 3. CERTIFIED LABORATORIES.
Within 180 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Health and Human
Services, shall increase the number of laboratories certified to the
standards of the Food and Drug Administration in the United States and
in countries that export seafood to the United States for the purpose
of analyzing seafood and ensuring that the laboratories, including
Federal, State, and private facilities, comply with applicable Federal
laws. Within 1 year after the date of enactment of this Act, the
Secretary of Commerce shall publish in the Federal Register a list of
certified laboratories. The Secretary shall update and publish the list
no less frequently than annually.
SEC. 4. NOAA LABORATORIES.
In any fiscal year beginning after the date of enactment of this
Act, the Secretary may increase the number and capacity of laboratories
operated by the National Oceanic and Atmospheric Administration
involved in carrying out testing and other activities under this Act to
the extent that the Secretary determines that increased laboratory
capacity is necessary to carry out the provisions of this Act and as
provided for in appropriations Acts.
SEC. 5. CONTAMINATED SEAFOOD.
(a) Refusal of Entry.--The Secretary of Health and Human Services
may issue an order refusing admission into the United States of all
imports of seafood or seafood products originating from a country or
exporter if the Secretary determines that shipments of such seafood or
seafood products do not meet the requirements established under
applicable Federal law.
(b) Increased Testing.--If the Secretary of Health and Human
Services determines that seafood imports originating from a country may
not meet the requirements of Federal law, and determines that there is
a lack of adequate certified laboratories to provide for the entry of
shipments pursuant to section 3, then the Secretary may order an
increase in the percentage of shipments tested of seafood originating
from such country to improve detection of potential violations of such
requirements.
(c) Allowance of Individual Shipments from Exporting Country or
Exporter.--Notwithstanding an order under subsection (a) with respect
to seafood originating from a country or exporter, the Secretary may
permit individual shipments of seafood originating in that country or
from that exporter to be admitted into the United States if--
(1) the exporter presents evidence from a laboratory
certified by the Secretary that a shipment of seafood meets the
requirements of applicable Federal laws; and
(2) the Secretary, or other agent of a Federal agency
authorized to conduct inspections of seafood, has inspected the
shipment and has found that the shipment and the conditions of
manufacturing meet the requirements of applicable Federal laws.
(d) Cancellation of Order.--The Secretary may cancel an order under
subsection (a) with respect to seafood exported from a country or
exporter if all shipments into the United States under subsection (c)
of seafood originating in that country or from that exporter more than
1 year after the date on which the Secretary issued the order have been
found, under the procedures described in subsection (c), to meet the
requirements of Federal law. If the Secretary determines that an
exporter has failed to comply with the requirements of an order under
subsection (a), the 1-year period in the preceding sentence shall run
from the date of that determination rather than the date on which the
order was issued.
(e) Effect.--This section shall be in addition to, and shall have
no effect on, the authority of the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) with respect to seafood, seafood products, or any other
product.
SEC. 6. INSPECTION TEAMS.
(a) Inspection of Foreign Sites.--The Secretary, in cooperation
with the Secretary of Health and Human Services, may send 1 or more
inspectors to a country or exporter from which seafood exported to the
United States originates. The inspection team shall assess practices
and processes being used in connection with the farming, cultivation,
harvesting, preparation for market, or transportation of such seafood
and may provide technical assistance related to the requirements
established under applicable Federal laws to address seafood fraud and
safety. The inspection team shall prepare a report for the Secretary of
Commerce with its findings. The Secretary of Commerce shall make a copy
of the report available to the country or exporter that is the subject
of the report and provide a 30-day period during which the country or
exporter may provide a rebuttal or other comments on the findings to
the Secretary.
(b) Distribution and Use of Report.--The Secretary shall provide
the report to the Secretary of Health and Human Services as information
for consideration in making risk-based determinations such as the
establishment of inspection priorities of domestic and foreign
facilities and the examination and testing of imported seafood. The
Secretary shall provide the report to the Executive Director of the
Federal Trade Commission for consideration in making recommendations to
the Chairman of the Federal Trade Commission regarding consumer
protection to prevent fraud, deception, and unfair business practices
in the marketplace.
SEC. 7. SEAFOOD IDENTIFICATION.
(a) Standarized List of Names for Seafood.--The Secretary and the
Secretary of Health and Human Services shall initial a joint rulemaking
proceeding to develop and make public a list of standardized names for
seafood identification purposes at distribution, marketing, and
consumer retail stages. The list of standardized names shall take into
account taxonomy, current labeling regulations, international law and
custom, market value, and naming precedence for all commercially
distributed seafood distributed in interstate commerce in the United
States and may not include names, whether similar to existing or
commonly used names for species, that are likely to confuse or mislead
consumers.
(b) Publication of List.--The list of standardized names shall be
made available to the public on Department of Health and Human Services
and the Department of Commerce websites, shall be open to public review
and comment, and shall be updated annually.
SEC. 8. DEFINITIONS.
In this Act:
(1) Applicable federal laws.--The term ``applicable laws
and regulations'' means Federal statutes, regulations, and
international agreements pertaining to the importation,
exportation, transportation, sale, harvest, processing, or
trade of seafood, including the Magnuson-Stevens Fishery
Conservation and Management Act, section 801 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of
the Food Allergen Labeling and Consumer Protection Act of 2004
(21 U.S.C. 374a), and the Seafood Hazard Analysis and Critical
Control Point regulations in part 123 of title 21, Code of
Federal Regulations.
(2) Appropriate federal agencies.--The term ``appropriate
Federal agencies'' includes the Department of Health and Human
Services, the Federal Food and Drug Administration, the
Department of Homeland Security, and the Department of
Agriculture.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements.
Directs the Secretary and other appropriate federal agencies to enter into agreements to strengthen interagency cooperation on seafood safety, labeling, and fraud, including regarding examining and testing seafood imports, inspections of foreign facilities, establishing a distribution chain tracking system, data sharing, and public outreach.
Requires the Secretary, the Chairman of the Federal Trade Commission (FTC), and heads of other appropriate federal agencies to submit an annual report to Congress concerning the implementation of such agreements and the budget, personnel, and any additional authorities necessary to improve seafood safety and labeling and prevent seafood fraud.
Directs the Secretary and the Chairman to submit to Congress a joint report on consumer protection activities, enforcement measures, and coordination efforts with the National Oceanic and Atmospheric Administration (NOAA). Requires NOAA to report deceptive seafood marketing and fraud to the FTC.
Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards.
Authorizes the Secretary to increase the number and capacity of laboratories operated by NOAA involved in testing and other activities under this Act.
Authorizes the Secretary of Health and Human Services (HHS), subject to exceptions, to: (1) refuse imports of seafood originating from certain countries or exporters; and (2) increase the percentage of seafood tested originating from such countries.
Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to U.S. requirements.
Requires the development and publication of an annual list of standardized names to identify seafood at the distribution, marketing, and consumer retail stages. | {"src": "billsum_train", "title": "A bill to strengthen Federal consumer product safety programs and activities with respect to commercially-marketed seafood by directing the Secretary of Commerce to coordinate with the Federal Trade Commission and other appropriate Federal agencies to strengthen and coordinate those programs and activities."} | 2,854 | 390 | 0.68056 | 2.085464 | 0.913522 | 3.084795 | 7.903509 | 0.926901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Repair and Rehabilitation
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings in the United States need to be replaced.
(2) Almost \1/3\ of such buildings were built prior to
World War II.
(3) It is estimated that 1 of every 4 public school
buildings in the United States is in inadequate condition, and
of such buildings, 61 percent need maintenance or major
repairs, 43 percent are obsolete, 42 percent contain
environmental hazards, 25 percent are overcrowded, and 13
percent are structurally unsound.
(4) According to the 1992 Current Population Survey
conducted by the Bureau of Labor Statistics, unemployment in
the construction industry is at 13 percent for skilled workers
and 22.9 percent for laborers.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) Grants to States.--The Secretary of Labor shall provide grants
to States for the purpose of establishing and carrying out programs
that provide payments for labor and related costs associated with the
repair and rehabilitation of elementary school and secondary school
facilities located in such States.
(b) Grants to Indian Tribes.--
(1) In general.--Not less than 5 percent of amounts
appropriated to carry out this Act for each fiscal year shall
be used by the Secretary to provide grants to Indian tribes for
the purpose of establishing and carrying out programs that
provide payments for labor and related costs associated with
the repair and rehabilitation of Indian tribal school
facilities under the jurisdiction of such tribes.
(2) Rule of construction.--Nothing contained in paragraph
(1) shall be construed to relieve the Secretary of the Interior
of the responsibility to provide adequate and equitable funding
under the Snyder Act (25 U.S.C. 13) for the operations and
maintenance of Indian tribal school facilities.
SEC. 4. APPLICATION.
(a) In General.--The Secretary may not provide a grant under
section 3 to a State or Indian tribe unless the State or Indian tribe,
as the case may be, submits to the Secretary an application in such
form and containing such information as the Secretary may require.
(b) Assurances.--Such application shall include assurances the
State or Indian tribe, as the case may be, will use Federal funds
received from a grant under section 3 to supplement and not supplant
non-Federal funds that would otherwise be available for activities
funded under such section.
SEC. 5. USE OF AMOUNTS.
(a) In General.--The Secretary may not provide a grant under
section 3 to a State or Indian tribe unless the State or Indian tribe,
as the case may be, agrees that it will use all amounts received from
such grant to establish a program to provide wages and related
employment benefits to individuals for the purpose of employing such
individuals to repair and rehabilitate elementary school and secondary
school facilities, or Indian tribal school facilities, as the case may
be.
(b) Other Requirements.--
(1) Priority to unemployed individuals.--In selecting
individuals for a program established under subsection (a), a
State or Indian tribe shall give priority to individuals who
are unemployed, particularly to those individuals who have been
unemployed for the longest periods of time.
(2) Coordination with appropriate entities.--In carrying
out a program established under subsection (a), a State shall
coordinate the activities of such program with appropriate
entities located in such State, including appropriate private
industry councils (described in section 102 of the Job Training
Partnership Act (29 U.S.C. 1512), units of general local
government, nonprofit private organizations, and local
educational agencies.
SEC. 6. LABOR STANDARDS.
(a) Nondiscrimination.--No individual shall be excluded from
participation in, denied the benefits of, subjected to discrimination
under, or denied employment in the administration of or in connection
with any program described in section 5(a) because of race, color,
religion, sex, national origin, age, disability, or political
affiliation or belief.
(b) Davis-Bacon Requirements.--
(1) Prevailing wages required.--All laborers and mechanics
employed by contractors or subcontractors in any construction,
alteration, or repair, including painting and decorating, of
projects, buildings, and works which are federally assisted
under this Act, shall be paid wages at rates not less than
those prevailing on similar construction in the locality as
determined by the Secretary in accordance with the Act of March
3, 1931 (commonly known as the Davis-Bacon Act), as amended (40
U.S.C. 276a-276a-5). The Secretary shall have, with respect to
such labor standards, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 FR 3176; 64 Stat.
1267) and section 2 of the Act of June 1, 1934, as amended (48
Stat. 948, as amended; 40 U.S.C. 276(c)).
(2) Funding required.--Such rates are not required to be
paid to participants under this Act unless they are employed in
connection with projects funded by this Act in whole or in
part, exclusive of wages and benefits, or projects covered by
any other statute requiring the payment of such Davis-Bacon Act
wage rates.
SEC. 7. REPORTS.
The Secretary may not provide a grant under section 3 to a State or
Indian tribe unless the State or Indian tribe, as the case may be,
agrees that it will submit, for any fiscal year in which it receives a
grant under such section, a report to the Secretary describing the use
of such grant and any other information the Secretary determines to be
appropriate.
SEC. 8. SELECTION.
(a) Amount of Grant.--The annual amount of a grant provided under
section 3 to a State or Indian tribe, as the case may be, shall not
exceed 10 percent of amounts appropriated for a fiscal year to carry
out this Act.
(b) Priority.--In providing grants under section 3, the Secretary
shall give priority to those States having the most elementary school
and secondary school facilities that are in need of repair and that are
located in areas of high unemployment.
SEC. 9. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 1471(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(8)).
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional
corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 1471(12) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(12)).
(4) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 1471(21) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, the Virgin Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, and
Palau.
(7) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 1471(23) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(23)). | School Repair and Rehabilitation Act - Directs the Secretary of Labor to make grants to States and Indian tribes for programs that provide payments for labor and related costs for repair and rehabilitation of elementary and secondary school facilities. Gives priority to those States having the most facilities in need of repair and located in high unemployment areas. | {"src": "billsum_train", "title": "School Repair and Rehabilitation Act"} | 1,784 | 65 | 0.54509 | 1.432572 | 0.973108 | 3.688525 | 26.639344 | 0.934426 |
SECTION 1. DEFINITIONS.
In this Act:
(1) The term ``Advisory Committee'' means the Hydrogen
Technical and Fuel Cell Advisory Committee established under
section 5 of this Act.
(2) The term ``Department'' means the Department of Energy.
(3) The term ``fuel cell'' means a device that directly
converts the chemical energy of a fuel and an oxidant into
electricity by an electrochemical process taking place at
separate electrodes in the device.
(4) The term ``infrastructure'' means the equipment,
systems, or facilities used to produce, distribute, deliver, or
store hydrogen and other advanced clean fuels.
(5) The term ``light duty vehicle'' means a car or truck,
classified by the Department of Transportation as a Class I or
IIA vehicle.
(6) The term ``Secretary'' means the Secretary of Energy.
SEC. 2. PLAN.
Not later than six months after the date of enactment of this Act,
the Secretary shall transmit to the Congress a coordinated plan for the
programs described in this Act and any other programs of the Department
that are directly related to fuel cells or hydrogen. The plan shall
describe, at a minimum--
(1) the agenda for the next five years for the programs
authorized under this Act, including the agenda for each
activity enumerated in section 3(a);
(2) the types of entities that will carry out the
activities under this Act and what role each entity is expected
to play;
(3) the milestones that will be used to evaluate the
programs for the next five years;
(4) the most significant technical and nontechnical hurdles
that stand in the way of achieving the goals described in
section 3(b), and how the programs will address those hurdles;
and
(5) the policy assumptions that are implicit in the plan,
including any assumptions that would affect the sources of
hydrogen or the marketability of hydrogen-related products.
SEC. 3. PROGRAM.
(a) Activities.--The Secretary, in partnership with the private
sector, shall conduct a program to address--
(1) production of hydrogen from diverse energy sources,
including--
(A) fossil fuels, which may include carbon capture
and sequestration;
(B) hydrogen-carrier fuels (including ethanol and
methanol);
(C) renewable energy resources; and
(D) nuclear energy;
(2) the safe delivery of hydrogen or hydrogen-carrier
fuels, including--
(A) transmission by pipeline and other distribution
methods; and
(B) convenient and economic refueling of vehicles
either at central refueling stations or through
distributed on-site generation;
(3) advanced vehicle technologies, including--
(A) engine and emission control systems;
(B) energy storage, electric propulsion, and hybrid
systems;
(C) automotive materials;
(D) clean fuels in addition to hydrogen; and
(E) other advanced vehicle technologies;
(4) storage of hydrogen or hydrogen-carrier fuels,
including development of materials for safe and economic
storage in gaseous, liquid, or solid form at refueling
facilities and onboard vehicles;
(5) development of safe, durable, affordable, and efficient
fuel cells, including research and development on fuel-flexible
fuel cell power systems, improved manufacturing processes,
high-temperature membranes, cost-effective fuel processing for
natural gas, fuel cell stack and system reliability, low
temperature operation, and cold start capability; and
(6) development of necessary codes and standards (including
international codes and standards) and safety practices for the
production, distribution, storage, and use of hydrogen,
hydrogen-carrier fuels and related products.
(b) Program Goals.--
(1) Vehicles.--For vehicles, the goals of the program are--
(A) to enable a commitment by automakers no later
than year 2015 to offer safe, affordable, and
technically viable hydrogen fuel cell vehicles in the
mass consumer market; and
(B) to enable production, delivery, and acceptance
by consumers of model year 2020 hydrogen fuel cell and
other vehicles that will have--
(i) a range of at least three hundred
miles;
(ii) improved performance and ease of
driving;
(iii) safety and performance comparable to
vehicle technologies in the market;
(iv) when compared to light duty vehicles
in model year 2003--
(I) a fuel economy that is two and
one half times the equivalent fuel
economy of comparable light duty
vehicles in model year 2003; and
(II) near zero emissions of air
pollutants; and
(v) vehicle fuel system crash integrity and
occupant protection.
(2) Hydrogen energy and energy infrastructure.--For
hydrogen energy and energy infrastructure, the goals of the
program are to enable a commitment not later than 2015 that
will lead to infrastructure by 2020 that will provide--
(A) safe and convenient refueling;
(B) improved overall efficiency;
(C) widespread availability of hydrogen from
domestic energy sources through--
(i) production, with consideration of
emissions levels;
(ii) delivery, including transmission by
pipeline and other distribution methods for
hydrogen; and
(iii) storage, including storage in surface
transportation vehicles;
(D) hydrogen for fuel cells, internal combustion
engines, and other energy conversion devices for
portable, stationary, and transportation applications;
and
(E) other technologies consistent with the
Department's plan.
(3) Fuel cells.--The goals for fuel cells and their
portable, stationary, and transportation applications are to
enable--
(A) safe, economical, and environmentally sound
hydrogen fuel cells;
(B) fuel cells for light duty and other vehicles;
and
(C) other technologies consistent with the
Department's plan.
(c) Demonstration.--In carrying out the program under this section,
the Secretary shall fund a limited number of demonstration projects. In
selecting projects under this subsection, the Secretary shall, to the
extent practicable and in the public interest, select projects that--
(1) involve using hydrogen and related products at
facilities or installations that would exist without the
demonstration program, such as existing office buildings,
military bases, vehicle fleet centers, transit bus authorities,
or parks;
(2) depend on reliable power from hydrogen to carry out
essential activities;
(3) lead to the replication of hydrogen technologies and
draw such technologies into the marketplace;
(4) integrate in a single project both mobile and
stationary applications of hydrogen fuel cells;
(5) address the interdependency of demand for hydrogen fuel
cell applications and hydrogen fuel infrastructure; and
(6) raise awareness of hydrogen technology among the
public.
(d) Deployment.--In carrying out the program under this section,
the Secretary shall, in partnership with the private sector, conduct
activities to facilitate the deployment of--
(1) hydrogen energy and energy infrastructure;
(2) fuel cells;
(3) advanced vehicle technologies; and
(4) clean fuels in addition to hydrogen.
(e) Funding.--(1) The Secretary shall carry out the program under
this section using a competitive, merit-review process and consistent
with the generally applicable Federal laws and regulations governing
awards of financial assistance, contracts, or other agreements.
(2) Activities under this section may be carried out by funding
nationally recognized university-based research centers.
(3) The Secretary shall endeavor to avoid duplication or
displacement of other research and development programs and activities.
(f) Cost Sharing.--
(1) Requirement.--For projects carried out through grants,
cooperative agreements, or contracts under this section, the
Secretary shall require a commitment from non-Federal sources
of at least--
(A) 20 percent of the cost of a project, except
projects carried out under subsections (c) and (d); and
(B) 50 percent of the cost of a project carried out
under subsection (c) or (d).
(2) Reduction.--The Secretary may reduce the non-Federal
requirement under paragraph (1) if the Secretary determines
that--
(A) the reduction is appropriate considering the
technological risks involved; or
(B) the project is for technical analyses or other
activities that the Secretary does not expect to result
in a marketable product.
(3) Size of non-federal share.--The Secretary may consider
the size of the non-Federal share in selecting projects.
SEC. 4. INTERAGENCY TASK FORCE.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the President shall establish an interagency
task force chaired by the Secretary or his designee with
representatives from each of the following:
(1) The Office of Science and Technology Policy within the
Executive Office of the President.
(2) The Department of Transportation.
(3) The Department of Defense.
(4) The Department of Commerce (including the National
Institute of Standards and Technology).
(5) The Environmental Protection Agency.
(6) The National Aeronautics and Space Administration.
(7) Other Federal agencies as the Secretary determines
appropriate.
(b) Duties.--
(1) Planning.--The interagency task force shall work
toward--
(A) a safe, economical, and environmentally sound
fuel infrastructure for hydrogen and hydrogen-carrier
fuels, including an infrastructure that supports buses
and other fleet transportation;
(B) fuel cells in government and other
applications, including portable, stationary, and
transportation applications;
(C) distributed power generation, including the
generation of combined heat, power, and clean fuels
including hydrogen;
(D) uniform hydrogen codes, standards, and safety
protocols; and
(E) vehicle hydrogen fuel system integrity safety
performance.
(2) Activities.--The interagency task force may organize
workshops and conferences, may issue publications, and may
create databases to carry out its duties. The interagency task
force shall--
(A) foster the exchange of generic, nonproprietary
information and technology among industry, academia,
and government;
(B) develop and maintain an inventory and
assessment of hydrogen, fuel cells, and other advanced
technologies, including the commercial capability of
each technology for the economic and environmentally
safe production, distribution, delivery, storage, and
use of hydrogen;
(C) integrate technical and other information made
available as a result of the programs and activities
under this Act;
(D) promote the marketplace introduction of
infrastructure for hydrogen and other clean fuel
vehicles; and
(E) conduct an education program to provide
hydrogen and fuel cell information to potential end-
users.
(c) Agency Cooperation.--The heads of all agencies, including those
whose agencies are not represented on the interagency task force, shall
cooperate with and furnish information to the interagency task force,
the Advisory Committee, and the Department.
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment.--The Hydrogen Technical and Fuel Cell Advisory
Committee is established to advise the Secretary on the programs and
activities under this Act.
(b) Membership.--
(1) Members.--The Advisory Committee is comprised of not
fewer than 12 nor more than 25 members. These members shall be
appointed by the Secretary to represent domestic industry,
academia, professional societies, government agencies, and
financial, environmental, and other appropriate organizations
based on the Department's assessment of the technical and other
qualifications of committee members and the needs of the
Advisory Committee.
(2) Terms.--The term of a member of the Advisory Committee
shall not be more than 3 years. The Secretary may appoint
members of the Advisory Committee in a manner that allows the
terms of the members serving at any time to expire at spaced
intervals so as to ensure continuity in the functioning of the
Advisory Committee. A member of the Advisory Committee whose
term is expiring may be reappointed.
(3) Chairperson.--The Advisory Committee shall have a
chairperson, who is elected by the members from among their
number.
(c) Review.--The Advisory Committee shall review and make
recommendations to the Secretary on--
(1) the implementation of programs and activities under
this Act;
(2) the safety, economical, and environmental consequences
of technologies for the production, distribution, delivery,
storage, or use of hydrogen energy and fuel cells; and
(3) the plan under section 2.
(d) Response.--(1) The Secretary shall consider, but need not
adopt, any recommendations of the Advisory Committee under subsection
(c).
(2) The Secretary shall transmit a biennial report to the Congress
describing any recommendations made by the Advisory Committee since the
previous report. The report shall include a description of how the
Secretary has implemented or plans to implement the recommendations, or
an explanation of the reasons that a recommendation will not be
implemented. The report shall be transmitted along with the President's
budget proposal.
(e) Support.--The Secretary shall provide resources necessary in
the judgment of the Secretary for the Advisory Committee to carry out
its responsibilities under this Act.
SEC. 6. EXTERNAL REVIEW.
(a) Plan.--The Secretary shall enter into an arrangement with a
competitively selected nongovernmental entity, such as the National
Academy of Sciences, to review the plan prepared under section 2, which
shall be completed not later than six months after the entity receives
the plan. Not later than 45 days after receiving the review, the
Secretary shall transmit the review to the Congress along with a plan
to implement the review's recommendations or an explanation of the
reasons that a recommendation will not be implemented.
(b) Additional Review.--The Secretary shall enter into an
arrangement with a competitively selected nongovernmental entity, such
as the National Academy of Sciences, under which the entity will review
the program under section 3 during the fourth year following the date
of enactment of this Act. The entity's review shall include the
research priorities and technical milestones, and evaluate the progress
toward achieving them. The review shall be completed no later than five
years after the date of enactment of this Act. Not later than 45 days
after receiving the review, the Secretary shall transmit the review to
the Congress along with a plan to implement the review's
recommendations or an explanation for the reasons that a recommendation
will not be implemented.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Representation.--The Secretary may represent the United States
interests with respect to activities and programs under this Act, in
coordination with the Department of Transportation, the National
Institute of Standards and Technology, and other relevant Federal
agencies, before governments and nongovernmental organizations
including--
(1) other Federal, State, regional, and local governments
and their representatives;
(2) industry and its representatives, including members of
the energy and transportation industries; and
(3) in consultation with the Department of State, foreign
governments and their representatives including international
organizations.
(b) Regulatory Authority.--Nothing in this Act shall be construed
to alter the regulatory authority of the Department.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, in
addition to any amounts made available for these purposes under other
Acts--
(1) $273,500,000 for fiscal year 2004;
(2) $325,000,000 for fiscal year 2005;
(3) $375,000,000 for fiscal year 2006;
(4) $400,000,000 for fiscal year 2007; and
(5) $425,000,000 for fiscal year 2008.''. | Instructs the Secretary of Energy to transmit to Congress a coordinated plan for a program conducted in partnership with the private sector that addresses: (1) hydrogen production from diverse energy sources, including fossil fuels; (2) safe delivery and storage of hydrogen or hydrogen-carrier fuels (including ethanol and methanol); (3) advanced vehicle technologies; (4) development of fuel cells and fuel-flexible fuel cell power systems; and (5) development of necessary codes and standards and safety practices for the production, distribution, storage, and use of hydrogen, hydrogen-carrier fuels, and related products.
Directs the Secretary, in partnership with the private sector, to facilitate the deployment of: (1) hydrogen energy and energy infrastructure; (2) fuel cells; (3) advanced vehicle technologies; and (4) clean fuels in addition to hydrogen.
Directs the President to establish an interagency task force chaired by the Secretary to work toward the specified goals of this Act.
Establishes the Hydrogen Technical and Fuel Cell Advisory Committee to advise the Secretary on programs and activities.
Mandates review of the implementation plan by a competitively selected nongovernmental entity, such as the National Academy of Sciences. | {"src": "billsum_train", "title": "To provide for the establishment at the Department of Energy of a program for hydrogen fuel cell vehicles and infrastructure, and for other purposes."} | 3,210 | 243 | 0.674806 | 1.9218 | 0.955592 | 5.068376 | 13.692308 | 0.965812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Plant Decommissioning Act of
2015''.
SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.) is amended by adding at the end the following:
``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.
``(a) Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State that is within 50 miles of a
covered facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or any successor regulation).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or any successor regulation).
``(b) Development; Initial Consultation.--A licensee shall develop
a proposed PSDAR for a covered facility after consultation with--
``(1) each affected State; and
``(2) each unit of local government and tribal government
in the affected State that is located within 50 miles of the
covered facility.
``(c) Submission to Commission; Additional Consultation.--
``(1) In general.--After additional consultation with the
entities described in subsection (b) with respect to the
proposed PSDAR developed under that subsection, the licensee
shall--
``(A) submit to the Commission the proposed PSDAR;
and
``(B) on submission of the proposed PSDAR under
subparagraph (A), make the proposed PSDAR readily
available to the public.
``(2) Public availability.--On receipt of the proposed
PSDAR under paragraph (1), the Commission shall make the
proposed PSDAR readily available to the public, on the
condition that the Commission may redact any information
necessary to protect the national security.
``(d) Public Participation.--During a period of at least 90 days
beginning on the date on which the licensee submits the proposed PSDAR
to the Commission under subsection (c), the Commission shall solicit
public participation on the proposed PSDAR in the host State, including
through--
``(1) the solicitation of written comments from the public;
and
``(2) the conduct of at least 2 public hearings within the
host State.
``(e) Support or Nonsupport by Host State.--
``(1) In general.--Not later than 60 days after the receipt
of a proposed PSDAR for a covered facility, the Commission
shall notify the host State of the opportunity to file with the
Commission, by the date that is 60 days after the date on which
the host State receives the invitation under this paragraph--
``(A) a statement of support for the proposed
PSDAR;
``(B) a statement of conditional support for the
proposed PSDAR, with specific recommendations for
changes that could lead the host State to support the
proposed PSDAR; or
``(C) a statement of nonsupport for the proposed
PSDAR.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files a
statement of support under paragraph (1)(A), a
statement of nonsupport under paragraph (1)(C), or
fails to file a statement with the Commission by the
deadline specified in paragraph (1), the Commission
shall issue a determination on whether the proposed
PSDAR is adequate or inadequate--
``(i) based on the considerations described
in subparagraph (B); and
``(ii) after taking into account--
``(I) any written comments
submitted by the host State, other
States, and local communities with
respect to the proposed PSDAR; and
``(II) any input from the public
under subsection (d).
``(B) Considerations.--The Commission shall
consider a proposed PSDAR to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR provides for the
overall protection of human health and the
environment;
``(ii) the licensee has a substantial
likelihood of implementing the proposed PSDAR
within the timeframe described in the proposed
PSDAR;
``(iii) the proposed PSDAR is in accordance
with applicable law (including regulations);
and
``(iv) the licensee has demonstrated that
the licensee has, or will have, the funds
required to fully implement the proposed PSDAR
within the timeframe described in the proposed
PSDAR.
``(C) Determination of adequacy.--If the Commission
determines that the proposed PSDAR is adequate under
subparagraphs (A) and (B), the Commission shall issue a
decision document approving the PSDAR.
``(D) Determination of inadequacy.--If the
Commission determines that the proposed PSDAR is
inadequate under subparagraphs (A) and (B)--
``(i) the Commission shall issue a decision
rejecting the proposed PSDAR, including the
reasons for the decision; and
``(ii) not later than 2 years after the
date on which operations at the plant cease,
the licensee shall develop and submit to the
Commission a new proposed PSDAR in accordance
with this section.
``(3) Conditional support by host state.--
``(A) In general.--The Commission shall determine
whether the proposed PSDAR is permissible under
applicable law (including regulations) if the host
State files a statement of conditional support for the
proposed PSDAR with the Commission in accordance with
paragraph (1)(B).
``(B) Changes.--For each change recommended by the
host State under paragraph (1)(B), the Commission
shall--
``(i) provide for the inclusion of the
change into the final PSDAR, unless the
Commission determines the change to be
inappropriate for inclusion, based on clear and
convincing evidence provided by the licensee
that--
``(I) the change violates
applicable law; or
``(II) the costs of the change
substantially outweigh the safety,
economic, or environmental benefits of
the change to the host State; and
``(ii) provide the rationale for a
determination of inappropriateness under clause
(i).
``(C) Decision document.--
``(i) In general.--Based on the
determinations made under subparagraphs (A) and
(B), the Commission shall issue a decision
document that--
``(I) accepts the proposed PSDAR
with any changes recommended by the
host State that are not determined to
be inappropriate under subparagraph
(B); or
``(II) rejects the proposed PSDAR.
``(ii) Applicable law.--A decision document
issued under clause (i) shall be considered to
be a final order entered in a proceeding under
section 189(a).
``(D) Acceptance.--If the Commission approves the
proposed PSDAR under subparagraph (C)(i)(I)--
``(i) the PSDAR is final; and
``(ii) the licensee may begin
implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects the
proposed PSDAR under subparagraph (C)(i)(II), not later
than 2 years after the date on which operations at the
plant cease, the licensee shall develop and submit to
the Commission a new proposed PSDAR in accordance with
this section.
``(f) Additional Requirement.--Notwithstanding any other provision
of this section, a Commission shall not approve a PSDAR under this
section unless the proposed PSDAR includes a requirement that the
licensee comply with applicable State law relating to air, water, or
soil quality or radiological standards with respect to the
implementation of the proposed PSDAR if the applicable State law is
more restrictive than the applicable Federal law.
``(g) Application to Existing Decommissioning Activities.--
``(1) In general.--The Commission shall notify--
``(A) each licensee of the opportunity to develop a
revised PSDAR for any facility of the licensee for
which a PSDAR has been submitted but, as of the date of
enactment of the Nuclear Plant Decommissioning Act of
2015--
``(i) decontamination and dismantlement
activities have not commenced; or
``(ii) decontamination and dismantlement
activities have been commenced for less than 1
year; and
``(B) each State that is within 50 miles of the
facility described in subparagraph (A) of the
opportunity consult with the licensee described in
subparagraph (A) in accordance with subsection (b).
``(2) Process.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), if a licensee described in paragraph (1)
elects to develop a revised PSDAR, the process for
consideration and approval of the revised PSDAR under
paragraph (1) shall be carried out in accordance with--
``(i) the process for the consideration and
approval of a proposed PSDAR for covered
facilities described in subsections (b) through
(d) and subsection (f); and
``(ii) the process for support or
nonsupport by the host State as described in
subsection (e).
``(B) Nonselection.--If a licensee described in
paragraph (1) elects not to revise the original PSDAR,
the entities described in subsection (b) may file a
statement of support or nonsupport for the original
PSDAR in accordance with the process for support or
nonsupport by the host State described in subsection
(e).
``(3) Decision document.--A decision document for a revised
PSDAR submitted under this subsection, or for the original
PSDAR if the licensee elects not to revise the original PSDAR,
shall be carried out in accordance with subsection (e)(3)(C),
except that the deadline for the Commission to issue a decision
document shall be by not later than 1 year after the
decontamination and dismantlement activities have commenced.
``(4) Revision after determination of inadequacy.--If the
Commission rejects the revised PSDAR in accordance with the
process for rejection under subsection (e)(3)(E), the licensee
shall develop and submit to the Commission a new revised PSDAR
in accordance with this subsection by not later than 2 years
after the date on which the Commission rejects the revised
PSDAR.''. | Nuclear Plant Decommissioning Act of 2015 Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting affected state and local governments, to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the licensee's shutdown facilities for which a PSDAR is required. Conditions public availability of the PSDAR upon NRC discretion to redact information necessary to protect the national security. Requires the NRC to: (1) solicit public comments on the proposed PSDAR; (2) conduct at least two public hearings within the facility's host state; and (3) invite the host state to file a statement of either support, nonsupport, or of conditional support, including specific recommendations for changes. Directs the NRC, upon receipt of the state's response, to determine, based upon specified considerations, the adequacy or inadequacy of the proposed PSDAR and to issue a decision accordingly. Prescribes criteria for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to submit a new proposed PSDAR if the first one is rejected. Conditions NRC approval of a proposed PSDAR upon inclusion in the document of a requirement that the licensee comply with applicable state law relating to air, water, or soil quality or radiological standards if that law is more restrictive than its federal counterpart. Requires the NRC, in the case of existing decommissioning activities, to notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantlement activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of the facility of the opportunity to consult with the licensee. | {"src": "billsum_train", "title": "Nuclear Plant Decommissioning Act of 2015"} | 2,504 | 428 | 0.658542 | 2.215764 | 0.755815 | 3.205279 | 6.55132 | 0.865103 |
SECTION 1. LAND TRANSFER FOR HOLLOMAN AIR FORCE BASE.
(a) In General.--Subject to subsections (c) through (g), not later
than 90 days after the date of enactment of this Act, the Secretary of
the Interior shall transfer to the Department of the Air Force, without
reimbursement, jurisdiction and control of approximately 1,262 acres of
public lands described in subsection (b). Such public lands are located
in Otero County, New Mexico, and are contiguous to Holloman Air Force
Base.
(b) Description of Lands Transferred.--The lands described in this
subsection are as follows:
(1) T17S, R8E, Section 21: S\1/2\ N\1/2\: 160 acres
E\1/2\ NW\1/4\ NE\1/4\: 20 acres
NE\1/4\ NE\1/4\: 40 acres
(2) T17S, R8E, Section 22: W\1/2\: 320 acres
W\1/2\ E\1/2\: 160 acres
(3) T17S, R8E, Section 27: All that part north of New 192 acres more or less
Mexico Highway 70 except for
the E\1/2\ E\1/2\:
(4) T17S, R8E, Section 28: NE\1/4\: 160 acres
N\1/2\ SE\1/4\: 80 acres
SW\1/4\ SE\1/4\: 40 acres
W\1/2\ SE\1/4\ SE\1/4\: 20 acres
(5) T17S, R8E, Section 33: NW\1/4\ NE\1/4\: 40 acres
NW\1/4\ NE\1/4\ NE\1/4\: 10 acres
W\1/2\ SW\1/4\ NE\1/4\: 20 acres
(c) Use of Transferred Land.--The lands transferred to the
Department of the Air Force under subsection (a) shall be used by the
Secretary of the Air Force for the construction of new evaporation
ponds to support a wastewater treatment facility that the Secretary
shall construct at Holloman Air Force Base.
(d) Cattle Grazing Rights.--
(1) In general.--The United States recognizes a grazing
preference on the lands transferred to the Department of the
Air Force under subsection (a).
(2) Adjustment of grazing allotment.--(A) The Secretary of
the Air Force shall take such action as is necessary to ensure
that--
(i) the boundary of the grazing allotment that
contains the lands transferred to the Department of the
Air Force is adjusted in such manner as to retain the
portion of the allotment located south of United States
Highway 70 in New Mexico and remove the portion of the
lands that is located north of such highway; and
(ii) the grazing preference referred to in
paragraph (1) is retained by means of transferring the
preference for the area removed from the allotment
under subparagraph (A) to public lands located south of
such highway.
(B) The Secretary of the Air Force shall offer to enter
into an agreement with each person who holds a permit for
grazing on the lands transferred to the Department of the Air
Force at the time of the transfer to provide for the continued
grazing by livestock on the portion of the lands located south
of such highway.
(e) Additional Requirements.--
(1) National environmental policy act of 1969.--The
Secretary of the Air Force shall ensure that the transfer made
pursuant to subsection (a) and the use specified in subsection
(c) meet any applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Environmental laws.--The Secretary of the Air Force
shall use and manage the lands transferred under the authority
in subsection (a) in such manner as to ensure compliance with
applicable environmental laws (including regulations) of the
Federal Government and State of New Mexico, and political
subdivisions thereof.
(3) Responsibility for cleanup of hazardous substances.--
Notwithstanding any other provision of law, the Secretary of
the Air Force shall, upon the transfer of the lands under
subsection (a), assume any existing or subsequent
responsibility and liability for the cleanup of hazardous
substances (as defined in section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(14))) located on or within the lands
transferred.
(4) Mining.--The transfer of lands under subsection (a)
shall be made in such manner as to ensure the continuation of
valid, existing rights under the mining laws and the mineral
leasing and geothermal leasing laws of the United States.
Subject to the preceding sentence, upon the transfer of the
lands, mining and mineral management activities shall be
carried out in the lands in a manner consistent with the
policies of the Department of Defense concerning mineral
exploration and extraction on lands under the jurisdiction of
the Department.
(f) Rights-Of-Way.--The transfer of lands under subsection (a)
shall not affect the following rights-of-way:
(1) The right-of-way granted to the Otero County
Electric Cooperative, numbered NMNM 58293.
(2) The right-of-way granted to U.S. West
Corporation, numbered NMNM 59261.
(3) The right-of-way granted to the Highway
Department of the State of New Mexico, numbered LC0
54403.
(g) Public Access.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit public access to the
lands transferred under subsection (a).
(2) Construction site.--The Secretary of the Air Force may
not permit public access to the immediate area affected by the
construction of a wastewater treatment facility in the area
with the legal description of T17S, R8E, Section 22, except
that the Secretary of the Air Force shall permit public access
on an adjoining unfenced parcel of land--
(A) located along the west boundary of such area;
and
(B) that is 50 feet in width.
(3) Public uses.--Except as provided in paragraph (2), the
Secretary of the Air Force shall permit, on the lands
transferred under subsection (a), public uses that are
consistent with the public uses on adjacent lands under the
jurisdiction of the Secretary of the Interior.
(4) Permit not required.--The Secretary of the Air Force
may not require a permit for access authorized under this
subsection to the lands transferred under subsection (a).
(5) Entry gate.--The Secretary of the Air Force shall
ensure that the entry gate to the lands transferred under
subsection (a) that is located along United States Highway 70
shall be open to the public. | Directs the Secretary of the Interior to transfer to the Department of the Air Force jurisdiction and control of specified public lands located in Otero County, New Mexico, contiguous to Holloman Air Force Base to be used by the Secretary of the Air Force (Secretary) for the construction of new evaporation ponds to support a wastewater treatment facility at the Base.
Sets forth provisions regarding: (1) existing grazing rights on the transferred lands and the adjustment of grazing allotments; (2) compliance with environmental laws with respect to the use and management of such lands; (3) responsibility and liability for the cleanup of hazardous substances on such transferred lands; (4) mining; (5) rights-of-way; and (6) public access and uses.
Prohibits the Secretary from requiring a permit for public access to such lands.
Directs the Secretary to ensure that the entry gate to the transferred lands located along U.S. Highway 70 is open to the public. | {"src": "billsum_train", "title": "A bill to provide for the transfer of lands contiguous to the Holloman Air Force Base, New Mexico, by the Secretary of the Interior to the Department of the Air Force for the construction of evaporation ponds to support a wastewater treatment facility, and for other purposes."} | 1,476 | 216 | 0.518888 | 1.760918 | 0.786289 | 3.388298 | 6.888298 | 0.941489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Ethics Commission Act of
2007''.
SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.
(a) Establishment.--There is established an independent ethics
commission within the House of Representatives to be known as the
Independent Ethics Committee (in this Act referred to as the
``Commission'').
(b) Membership and Terms of Office.--(1) The Commission shall
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the
minority leader of the House, and one selected by the affirmative vote
of two-thirds of the 8 appointed commissioners for a term of 5 years.
No commissioner may serve for more than 5 years.
(2) Commissioners shall be appointed for terms of 5 years, except
that of the commissioners first appointed, 2 appointed by the Speaker
and 2 by the minority leader shall be for 3-year terms and 2 appointed
by the Speaker and 2 by the minority leader shall be for 4-year terms
as designated by the Speaker and the minority leader at the time of
appointment.
(c) Qualifications.--Only former Federal judges shall be eligible
for appointment to the Commission.
(1) Disqualifications for appointments.--
(A) Lobbying.--No individual who has been a
lobbyist registered under the Lobbying Disclosure Act
of 1995 or engages in, or is otherwise employed in,
lobbying of the Congress or who is an agent of a
foreign principal registered under the Foreign Agents
Registration Act within the 4-year period immediately
preceding appointment shall be eligible for appointment
to, or service on, the Commission.
(B) Incompatible office.--No member of the
Commission appointed under subsection (b) may be a
Member of the House of Representatives or Senator.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of the maximum annual rate of basic pay in effect for
Level III of the Executive Schedule for each day (including travel
time) during which they are engaged in the actual performance of duties
vested in the Commission.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(f) Meetings.--The Commission shall meet at the call a majority of
its members.
SEC. 3. DUTIES OF COMMISSION.
(a) Duties.--The Commission is authorized--
(1) to receive, monitor, and oversee financial disclosure
and other reports filed by Members of the House and officers
and employees of the House under the Ethics in Government Act
of 1978, and reports filed by registered lobbyists under the
Lobbying Disclosure Act of 1995;
(2) in accordance with the procedures set forth under
subsection (b), to investigate any alleged violation, by a
Member, officer, or employee of the House of Representatives,
of any rule or other standard of conduct applicable to the
conduct of such Member, officer, or employee under House rules
in the performance of his duties or the discharge of his
responsibilities;
(3) to present a case of probable ethics violations to the
Committee on Standards of Official Conduct of the House of
Representatives;
(4) to make recommendations to the Committee on Standards
of Official Conduct of the House of Representatives that it
report to the appropriate Federal or State authorities any
substantial evidence of a violation by a Member, officer, or
employee of the House of Representatives of any law applicable
to the performance of his duties or the discharge of his
responsibilities, which may have been disclosed in an
investigation by the Office;
(5) to provide information and informal guidance to
Members, officers and employees of the House of Representatives
regarding any rules and other standards of conduct applicable
to such individuals in their official capacities, and develop
and carry out periodic educational briefings for Members,
officers, and employees of the House of Representatives on
those laws, rules, regulations, or other standards; and
(6) to give consideration to the request of any Member,
officer, or employee of the House of Representatives for a
formal advisory opinion or other formal ruling, subject to the
review of the Committee on Standards of Official Conduct of the
House of Representatives, as applicable, with respect to the
general propriety of any current or proposed conduct of such
Member, officer, or employee and, with appropriate deletions to
assure the privacy of the individual concerned, to publish such
opinion for the guidance of other Members, officers, and
employees of the House of Representatives.
(b) Procedures for Initiation of Investigations and Other
Matters.--
(1) In general.--An investigation may be initiated by the
filing of a complaint with the Commission by a Member of the
House of Representatives or an outside complainant, or by the
Commission on its own initiative, based on any information in
its possession. The Commission shall not accept a complaint
concerning a Member within 90 days of an election involving
such Member.
(2) Deadline for determination of action.--
(A) In general.--Not later than 45 days after
receiving a complaint, the Commission shall make an
initial determination as to whether the complaint
should be dismissed or whether there are sufficient
grounds to conduct an investigation in response to the
complaint.
(B) Extension upon majority approval.--The
Commission may, by vote of the majority of its members,
extend the deadline established under subparagraph (A)
to such deadline as it considers appropriate.
(C) Treatment of frivolous complaints.--In any
instance in which the Commission decides to dismiss a
complaint, the Commission may issue a determination
that the complaint is frivolous. If the Commission
issues such a determination, the Commission may not
accept any future complaint filed by that same person
and the complainant shall be required to pay for the
costs of the Commission resulting from such complaint.
The Commission may refer the matter to the Attorney
General to collect such costs.
(D) Special rule for investigations conducted on
commission's own initiative.--For any investigation
conducted by the Commission at its own initiative, the
Commission shall make a preliminary determination of
whether there are sufficient grounds to conduct an
investigation. Before making that determination, the
subject of the investigation shall be provided by the
Commission with an opportunity to submit information to
the Commission to show that there are not sufficient
grounds to conduct an investigation.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may for the purpose of
carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission may
determine advisable.
(b) Subpoenas.--A subpoena may be issued only with a majority of
the Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the Commission to enable it to carry
out its duties.
(d) Referrals to the Department of Justice.--Whenever the
Commission has reason to believe that a violation of the Lobbying
Disclosure Act of 1995 may have occurred, that matter may be referred
to the Department of Justice for it to investigate.
(e) General Audits.--The Commission shall have the authority to
conduct general audits of filings under the Lobbying Disclosure Act of
1995.
SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT.
(a) Notification.--Whenever the Commission determines that there
are sufficient grounds to conduct an investigation--
(1) the Commission shall notify the Committee on Standards
of Official Conduct of this determination;
(2) the applicable committee may overrule the determination
of the Commission if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote
of two-thirds of the full committee votes to overrule
the determination of the Commission;
(B) the committee issues a public report detailing
its reasoning for overruling the Commission;
(C) the vote of each member of the committee on
such roll-call vote is included in the report;
(D) dissenting members are allowed to issue their
own report detailing their reasons for disagreeing with
the majority vote; and
(E) if the committee votes to overrule the
determination of the Commission pursuant to
subparagraph (B), the Commission may publish and make
available to the general public a report detailing the
reasons that the Commission concluded there were
sufficient grounds to conduct an investigation.
(b) Conducting Investigations.--(1) If the Commission determines
that there are sufficient grounds to conduct an investigation and his
determination is not overruled under subsection (a)(5), the Commission
shall conduct an investigation to determine if probable cause exists
that a violation occurred.
(2) As part of an investigation, the Commission may--
(A) administer oaths;
(B) issue subpoenas;
(C) compel the attendance of witnesses and the production
of papers, books, accounts, documents, and testimony; and
(D) take the deposition of witnesses.
(3) If a person disobeys or refuses to comply with a
subpoena, or if a witness refuses to testify to a matter, he
may be held in contempt of Congress.
(c) Presentation of Case to House Committee on Standards of
Official Conduct.--(1) If the Commission determines, upon conclusion of
an investigation, that probable cause exists that an ethics violation
has occurred, the Commission shall notify the Committee on Standards of
Official Conduct of the House of Representatives of this determination.
(2) The committee may overrule the determination of the Commission
if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote of two-
thirds of the full committee votes to overrule the
determination of the Commission;
(B) the committee issues a public report detailing its
reasoning for overruling the Commission;
(C) the vote of each member of the committee on such roll-
call vote is included in the report; and
(D) dissenting members are allowed to issue their own
report detailing their reasons for disagreeing with the
majority vote.
(3) If the committee votes to overrule the determination of the
Commission pursuant to paragraph (2), the Commission may publish and
make available to the general public a report detailing the reasons
that he concluded there were sufficient grounds to present such case to
the committee.
(4)(A) If the Commission determines there is probable cause that an
ethics violation has occurred and the Commission's determination is not
overruled, the Commission shall present the case and evidence to the
Committee on Standards of Official Conduct of the House of
Representatives to hear and make a determination pursuant to its rules.
(B) The committee shall vote upon whether the individual who is the
subject of the investigation has violated any rules or other standards
of conduct applicable to that individual in his official capacity. Such
votes shall be a roll-call vote of the full committee, a quorum being
present. The committee shall issue a public report which shall include
the vote of each member of the committee on such roll-call vote.
Dissenting members may issue their own report detailing their own
reasons for disagreeing with the majority vote.
(d) Sanctions.--Whenever the Committee on Standards of Official
Conduct of the House of Representatives finds that an ethics violation
has occurred the Commission shall recommend appropriate sanctions to
the committee and whether a matter should be referred to the Department
of Justice for investigation.
SEC. 6. PROCEDURAL RULES.
(a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(1) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(2) upon receipt of a complaint from the chairman of the
Committee on Standards of Official Conduct of the House of
Representatives, in writing and under oath, made by that
committee.
(c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
(d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.
SEC. 7. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of such staff
as the Commission considers necessary to perform its duties. The
Commission shall be appointed jointly by the Speaker and minority
leader and shall be paid at a rate not to exceed the rate of basic pay
payable for Level III of the Executive Schedule.
SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
(1) In paragraph (a), strike subparagraphs (1), (2), and
(3), and redesignate subparagraphs (4), (5), and (6), as
subparagraphs (1), (2), and (3), respectively.
(2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by
striking ``a resolution, report, recommendation, or'' and
inserting ``an'', and by striking ``, or, except as provided in
subparagraph (2), undertake an investigation'', and by striking
subdivision (B).
(B) Paragraph (b) is further amended by striking
subparagraphs (2), (3), (4), and (5) and by redesignating
subparagraphs (6) and (7) as subparagraphs (2) and (3),
respectively.
(3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and
(q).
(b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).
SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.
(a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the Commission, the Speaker of the
House of Representatives shall have the report printed in the
Congressional Record.
(b) House Consideration of Independent Ethics Commission
Recommendations.--Within 14 calendar days after a report referred to in
subsection (a) is printed in the Congressional Record, that portion of
the report recommending action by the House of Representatives
respecting any alleged violation, by a Member, officer, or employee of
the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities shall be introduced (by request) in the House by the
Speaker of the House, for himself and the minority leader of the House
in the form of a resolution. This resolution shall constitute a
question of privilege under rule IX of the Rules of the House of
Representatives. Any Member favoring the resolution may call it up as a
question of privilege but only on the third day after the calendar date
upon which such Member announces to the House his intention to do so.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment, except
that sections 3, 4, and 8 shall take effect immediately prior to noon
January 3, 2009. | Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.
Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative; and (2) for consequent actions. | {"src": "billsum_train", "title": "To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges."} | 3,632 | 63 | 0.535252 | 1.327739 | 0.805793 | 2.603448 | 58.810345 | 0.913793 |
SECTION 1. INVESTIGATIONS OF SUICIDES COMMITTED BY MEMBERS OF THE ARMED
FORCES.
(a) Investigations Required.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1567. Investigations of suicides committed by members of the
Armed Forces
``(a) In General.--In the event of a suicide by a member of the
Armed Forces on active duty, the Secretary concerned shall provide for
the conduct of an investigation into the suicide in accordance with
this section.
``(b) Suicide Investigation Board.--(1) Each investigation into a
suicide under this section shall be conducted by a board (to be known
as a `suicide investigation board') established by the Secretary
concerned for purposes of the investigation.
``(2) The head of a suicide investigation board under this
subsection shall be a commissioned officer of the Armed Forces
concerned on active duty in the grade of brigadier general or higher,
or rear admiral (lower half) or higher in the case of the Navy, who is
assigned for that purpose by the Secretary concerned.
``(3) Each suicide investigation board under this subsection shall
consist of four additional commissioned officers on active duty, who
are outside the chain of command of the member of the Armed Forces who
committed suicide, who are assigned for that purpose by the Secretary
concerned.
``(c) Investigations.--(1) The suicide investigation board
established under subsection (b) shall conduct a thorough investigation
of the causes contributing to the suicide, including an examination and
assessment of actions that could have been taken to prevent the
suicide.
``(2)(A) Each investigation under this subsection shall be
conducted in accordance with such procedures as the Secretary concerned
shall prescribe in regulations. The Secretary of Defense shall ensure,
to the extent practicable, that the procedures prescribed for purposes
of this paragraph are uniform across the military departments.
``(B) The procedures under subparagraph (A) shall include
mechanisms to preserve and protect the privacy and confidentiality of
individuals concerned with or participating in investigations under
this section, and shall be separate from any criminal investigation.
``(C) The Secretary concerned shall take appropriate actions to
ensure that members of the Armed Forces assigned to a board under this
section are proficient with the procedures applicable to the board
under this paragraph before their participation in a suicide
investigation board.
``(3)(A) No person or authority may censure, reprimand, or admonish
a board conducting an investigation under this section, or the head or
any member of the board, with respect to the actions of the board in
conducting the investigation or with the findings or recommendations of
the board as a result of the investigation.
``(B) No person or authority may attempt to coerce, or by any
unauthorized means, influence the action of a board conducting an
investigation under this section, or the head or any member of the
board, in reaching the findings or recommendations of the board as a
result of the investigation.
``(4) A board's investigation of a suicide under this section
shall, to the extent practicable, be completed not later than 30 days
after the date of the suicide.
``(d) Construction With Other Investigations.--The investigation of
a suicide under this section is in addition to any other investigation,
including any investigation for criminal purposes, otherwise authorized
or required by law.
``(e) Reports on Investigations.--(1) Each board conducting an
investigation under this section into the suicide of a member of the
Armed Forces shall submit to the Secretary concerned reports as
follows:
``(A) An interim report, not later than 30 days after the
date of the suicide of the member, setting forth the
preliminary findings of the board as a result of the
investigation as of the date of such report.
``(B) A final report, not later than 60 days after the date
of the suicide of the member, setting forth the final findings
and recommendations of the board as a result of the
investigation.
``(2) The recommendations of a board under paragraph (1)(B) may
include such recommendations as the board considers appropriate for
actions to be taken in order to reduce the incidence of suicide in
members of the Armed Forces.
``(3) A board conducting an investigation may at any time submit to
the Secretary concerned such other findings or recommendations as the
board considers appropriate in order to reduce the incidence of suicide
in members of the Armed Forces.
``(4) A report under this subsection may not be treated as a public
document and, except as provided in subsection (f), may not be released
to the public.
``(f) Public Summaries of Reports on Investigations.--(1) Not later
than 60 days after the receipt of a final report of a board under
subsection (e)(1)(B) on an investigation under this section, the
Secretary concerned shall make available to the public a summary of the
report, including the findings and recommendation of the board as a
result of the investigation. The summary shall, upon the request of any
individual concerned with or participating in the investigation, redact
any personal information of the individual, and shall redact such other
personal and other information as the Secretary concerned considers
appropriate to preserve the privacy, confidentiality, and integrity of
the proceedings of the investigation and of investigations generally
under this section.
``(2) The Secretary concerned shall permit public comment on each
summary made public under paragraph (1) during the 45-day period
beginning on the date such summary is made public.
``(3) The Secretary concerned shall provide for the review of any
public comments received on a summary under paragraph (2) by such
independent party as the Secretary shall select for purposes of the
review.
``(g) Department of Defense-Wide Actions.--(1) The Secretary
concerned shall transmit each report submitted to such Secretary under
subsection (e)(1)(B), and any report submitted to such Secretary under
subsection (e)(3), to the Assistant Secretary of Defense for Health
Affairs.
``(2) The Assistant Secretary shall take appropriate actions to
ensure the dissemination throughout the Department of Defense of any
findings and recommendations in the reports submitted to the Assistant
Secretary under paragraph (1) that the Assistant Secretary considers
appropriate to reduce the incidence of suicide in members of the Armed
Forces.
``(3) The Assistant Secretary shall take appropriate actions to
ensure the implementation of the findings and recommendations
disseminated under paragraph (2). Such actions shall include the
following:
``(A) The establishment and maintenance of an electronic
database for monitoring the implementation of such findings and
recommendations.
``(B) A requirement that all officials responsible for
implementing such recommendations update the Assistant
Secretary, not less often than once every six months, on the
current status of the implementation of such recommendations.
``(4) Not less often than once every six months, each Secretary
concerned shall, in coordination with the Assistant Secretary, update
any programs and activities of the department concerned relating to the
prevention of suicide in members of the Armed Forces in order to ensure
that such programs and activities incorporate the recommendations of
investigations conducted under this section and such other matters as
are appropriate to reduce the incidence of suicide in members of the
Armed Forces.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by adding at
the end the following new item:
``1567. Investigations of suicides committed by members of the Armed
Forces.''.
(b) Regulations.--The regulations required under section 1567 of
title 10, United States Code (as added by subsection (a)), shall be
prescribed not later than 90 days after the date of the enactment of
this Act. | Amends federal armed forces law to add provisions concerning investigations of suicides committed by members of the Armed Forces (members).
Directs the Secretary of the military department concerned, in the case of a member's suicide, to establish a board, made up of commissioned officers serving on active duty, to investigate the causes contributing to the suicide, including preventive actions that could have been taken. Requires: (1) the protection of confidentiality with respect to such investigations; (2) the investigation to be completed within 30 days after the suicide; and (3) an interim and final board report to the Secretary concerned. Directs the Secretary concerned to make public the investigation results, while protecting the confidentiality of the member.
Requires all reports received by the Secretary concerned to be transmitted to the Assistant Secretary of Defense for Health Affairs, who shall take appropriate actions to reduce the incidence of suicide among members. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to provide for the investigation of suicides committed by members of the Armed Forces, and for other purposes."} | 1,654 | 187 | 0.639608 | 1.900317 | 0.744382 | 3.051429 | 9.394286 | 0.868571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Program Integrity Act of
2013''.
SEC. 2. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) Legal entity.--
``(A) In general.--The term `legal entity' means--
``(i) an organization that (subject to the
requirements of this section and section 1001A)
is eligible to receive a payment under a
provision of law referred to in subsection (b),
(c), or (d);
``(ii) a corporation, joint stock company,
association, limited partnership, limited
liability company, limited liability
partnership, charitable organization, estate,
irrevocable trust, grantor of a revocable
trust, or other similar entity (as determined
by the Secretary); and
``(iii) an organization that is
participating in a farming operation as a
partner in a general partnership or as a
participant in a joint venture.
``(B) Exclusion.--The term `legal entity' does not
include a general partnership or joint venture.'';
(2) by striking subsections (b) through (d) and inserting
the following:
``(b) Limitation on Payments for Covered Commodities and Peanuts.--
The total amount of payments received, directly or indirectly, by a
person or legal entity for any crop year for 1 or more covered
commodities and peanuts under title I of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or a successor provision)
may not exceed $125,000, of which--
``(1) not more than $75,000 may consist of marketing loan
gains and loan deficiency payments under subtitle B or C of
title I of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8731 et seq.) (or a successor provision); and
``(2) not more than $50,000 may consist of any other
payments made for covered commodities and peanuts under title I
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8702 et seq.) (or a successor provision).
``(c) Spousal Equity.--
``(1) In general.--Notwithstanding subsection (b), except
as provided in paragraph (2), if a person and the spouse of the
person are covered by paragraph (2) and receive, directly or
indirectly, any payment or gain covered by this section, the
total amount of payments or gains (as applicable) covered by
this section that the person and spouse may jointly receive
during any crop year may not exceed an amount equal to twice
the applicable dollar amounts specified in subsection (b).
``(2) Exceptions.--
``(A) Separate farming operations.--In the case of
a married couple in which each spouse, before the
marriage, was separately engaged in an unrelated
farming operation, each spouse shall be treated as a
separate person with respect to a farming operation
brought into the marriage by a spouse, subject to the
condition that the farming operation shall remain a
separate farming operation, as determined by the
Secretary.
``(B) Election to receive separate payments.--A
married couple may elect to receive payments separately
in the name of each spouse if the total amount of
payments and benefits described in subsection (b) that
the married couple receives, directly or indirectly,
does not exceed an amount equal to twice the applicable
dollar amounts specified in those subsections.'';
(3) in paragraph (3)(B) of subsection (f), by adding at the
end the following:
``(iii) Irrevocable trusts.--In
promulgating regulations to define the term
`legal entity' as the term applies to
irrevocable trusts, the Secretary shall ensure
that irrevocable trusts are legitimate entities
that have not been created for the purpose of
avoiding a payment limitation.''; and
(4) in subsection (h), in the second sentence, by striking
``or other entity'' and inserting ``or legal entity''.
(b) Conforming Amendments.--
(1) Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) is amended--
(A) in subsection (e), by striking ``subsections
(b) and (c)'' each place it appears in paragraphs (1)
and (3)(B) and inserting ``subsection (b)'';
(B) in subsection (f)--
(i) in paragraph (2), by striking
``Subsections (b) and (c)'' and inserting
``Subsection (b)'';
(ii) in paragraph (4)(B), by striking
``subsection (b) or (c)'' and inserting
``subsection (b)'';
(iii) in paragraph (5)--
(I) in subparagraph (A), by
striking ``subsection (d)''; and
(II) in subparagraph (B), by
striking ``subsection (b), (c), or
(d)'' and inserting ``subsection (b)'';
and
(iv) in paragraph (6)--
(I) in subparagraph (A), by
striking ``Notwithstanding subsection
(d), except as provided in subsection
(g)'' and inserting ``Except as
provided in subsection (f)''; and
(II) in subparagraph (B), by
striking ``subsections (b), (c), and
(d)'' and inserting ``subsection (b)'';
(C) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``subsection
(f)(6)(A)'' and inserting ``subsection
(e)(6)(A)''; and
(II) by striking ``subsection (b)
or (c)'' and inserting ``subsection
(b)''; and
(ii) in paragraph (2)(A), by striking
``subsections (b) and (c)'' and inserting
``subsection (b)''; and
(D) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
(2) Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) is amended--
(A) in subsection (a), by striking ``subsections
(b) and (c) of section 1001'' and inserting ``section
1001(b)''; and
(B) in subsection (b)(1), by striking ``subsection
(b) or (c) of section 1001'' and inserting ``section
1001(b)''.
(3) Section 1001B(a) of the Food Security Act of 1985 (7
U.S.C. 1308-2(a)) is amended in the matter preceding paragraph
(1) by striking ``subsections (b) and (c) of section 1001'' and
inserting ``section 1001(b)''.
(c) Application.--The amendments made by this section shall apply
beginning with the 2014 crop year.
SEC. 3. PAYMENTS LIMITED TO ACTIVE FARMERS.
Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is
amended--
(1) in subsection (b)(2)--
(A) by striking ``or active personal management''
each place it appears in subparagraphs (A)(i)(II) and
(B)(ii); and
(B) in subparagraph (C), by striking ``, as applied
to the legal entity, are met by the legal entity, the
partners or members making a significant contribution
of personal labor or active personal management'' and
inserting ``are met by partners or members making a
significant contribution of personal labor, those
partners or members''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the landowner share-rents the land at a rate
that is usual and customary;'';
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) the share of the payments received by the
landowner is commensurate with the share of the crop or
income received as rent.'';
(B) in paragraph (2)(A), by striking ``active
personal management or'';
(C) in paragraph (5)--
(i) by striking ``(5)'' and all that
follows through ``(A) In general.--A person''
and inserting the following:
``(5) Custom farming services.--A person'';
(ii) by inserting ``under usual and
customary terms'' after ``services''; and
(iii) by striking subparagraph (B); and
(D) by adding at the end the following:
``(7) Farm managers.--A person who otherwise meets the
requirements of this subsection other than (b)(2)(A)(i)(II)
shall be considered to be actively engaged in farming, as
determined by the Secretary, with respect to the farming
operation, including a farming operation that is a sole
proprietorship, a legal entity such as a joint venture or
general partnership, or a legal entity such as a corporation or
limited partnership, if the person--
``(A) makes a significant contribution of
management to the farming operation necessary for the
farming operation, taking into account--
``(i) the size and complexity of the
farming operation; and
``(ii) the management requirements normally
and customarily required by similar farming
operations;
``(B)(i) is the only person in the farming
operation qualifying as actively engaged in farming by
using the farm manager special class designation under
this paragraph; and
``(ii) together with any other persons in the
farming operation qualifying as actively engaged in
farming under subsection (b)(2) or as part of a special
class under this subsection, does not collectively
receive, directly or indirectly, an amount equal to
more than the applicable limits under section 1001(b);
``(C) does not use the management contribution
under this paragraph to qualify as actively engaged in
more than 1 farming operation; and
``(D) manages a farm operation that does not
substantially share equipment, labor, or management
with persons or legal entities that with the person
collectively receive, directly or indirectly, an amount
equal to more than the applicable limits under section
1001(b).''. | Farm Program Integrity Act of 2013 - Amends the Food Security Act of 1985 to establish a per farm cap of $50,000 on commodity program benefits and $75,000 on marketing loan program benefits ($125,000 total). Increases such limit to $250,000 for married couples. Limits benefits eligibility to active producers. Establishes criteria for determining whether a person acting as a farm manager is actively engaged in farming for such purposes. (Permits only one such eligibility per farm operation.) | {"src": "billsum_train", "title": "Farm Program Integrity Act of 2013"} | 2,450 | 103 | 0.466154 | 1.21569 | 0.611719 | 1.681319 | 24.78022 | 0.758242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Reservists Small Business
Relief Act''.
SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended by
adding at the end the following new subsection:
``(n) Repayment Deferred for Active Duty Reservists.--
``(1) In general.--The Administration shall, upon written
request, defer repayment of a direct loan made pursuant to
subsection (a) or (b), if such loan was incurred by a qualified
borrower.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Qualified borrower.--The term `qualified
borrower' means--
``(i) an individual who is an eligible
Reserve and who received a direct loan under
subsection (a) or (b) before being called or
ordered to, or retained on, active duty as
described in subparagraph (B); or
``(ii) a small business concern that
received a direct loan under subsection (a) or
(b) before an eligible Reserve, who is an
owner, manager, or key employee described in
subparagraph (C), was called or ordered to, or
retained on, active duty as described in
subparagraph (B).
``(B) Eligible reserve.--The term `eligible
Reserve' means a member of a reserve component of the
Armed Forces serving pursuant to a call or order to
active duty, or retention on active duty, during a
period of military conflict.
``(C) Owner, manager, or key employee.--An eligible
Reserve is an owner, manager, or key employee described
in this subparagraph if the eligible Reserve is an
individual who--
``(i) has not less than a 20 percent
ownership interest in the small business
concern described in subparagraph (A)(ii);
``(ii) is a manager responsible for the
day-to-day operations of such small business
concern; or
``(iii) is a key employee (as defined by
the Administration) of such small business
concern.
``(D) Period of military conflict.--The term
`period of military conflict' means--
``(i) a period of war declared by the
Congress;
``(ii) a period of national emergency
declared by the Congress or by the President;
or
``(iii) a period for which members of
reserve components of the Armed Forces are
serving on active duty in the Armed Forces
under a call or order to active duty, or
retention on active duty, under section 688,
12301(a), 12302, 12304, or 12306 of title 10,
United States Code.
``(3) Period of deferral.--The period of deferral for
repayment under this subsection shall begin on the date on
which the eligible Reserve is ordered to active duty during any
period of military conflict and shall terminate on the later
of--
``(A) 180 days after the date on which such
eligible Reserve is discharged or released from that
active duty; and
``(B) 180 days after the date of enactment of this
subsection.''.
``(4) No accrual of interest during deferral.--During the
period of deferral described in paragraph (3), repayment of
principal and interest on the deferred loan shall not be
required and no interest shall accrue on such loan.''.
SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL
BUSINESSES.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting after the undesignated paragraph that
begins ``Provided, That no loan'', the following new paragraph:
``(3)(A) The Administration may make such disaster loans
(either directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis) to assist a small business concern
(including a small business concern engaged in the lease or
rental of real or personal property) that has suffered or is
likely to suffer economic injury as the result of the owner,
manager, or key employee of such small business concern being
ordered to active duty during a period of military conflict.
``(B) Any loan or guarantee under this paragraph shall be
made at an annual interest rate of not more than 4 percent,
without regard to the ability of the small business concern to
secure credit elsewhere.
``(C) No loan shall be made under this paragraph, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, if the total amount outstanding and
committed to the borrower under this subsection would exceed
$500,000, except that the Administration may waive the $500,000
limitation if the Administration determines that the applicant
constitutes a major source of employment in an area not larger
than a county that is suffering a disaster.
``(D) For purposes of assistance under this paragraph, no
declaration of a disaster area shall be required.
``(E) For purposes of this paragraph--
``(i) the term `period of military conflict'
means--
``(I) a period of war declared by the
Congress;
``(II) a period of national emergency
declared by the Congress or by the President;
or
``(III) a period for which members of
reserve components of the Armed Forces are
serving on active duty in the Armed Forces
under a call or order to active duty, or
retention on active duty, under section 688,
12301(a), 12302, 12304, or 12306 of title 10,
United States Code;
``(ii) the term `economic injury' includes the
inability of a small business concern to market or
produce a product or to provide a service ordinarily
provided by the small business concern; and
``(iii) the term `owner, manager, or key employee'
means an individual who--
``(I) has not less than a 20 percent
ownership in the small business concern;
``(II) is a manager responsible for the
day-to-day operations of such small business
concern; or
``(III) is a key employee (as defined by
the Administration) of such small business
concern.''.
(b) Conforming Amendments.--Section 4(c) of the Small Business Act
(15 U.S.C. 633(c)) is amended--
(1) in paragraph (1), by striking ``7(b)(4),''; and
(2) in paragraph (2), by striking ``7(b)(4), 7(b)(5),
7(b)(6), 7(b)(7), 7(b)(8),''.
SEC. 4. REGULATIONS.
Not later than 30 days after the date of enactment of this Act, the
Small Business Administration may issue such regulations as may be
necessary to carry out the amendments made by sections 2 and 3.
SEC. 5. APPLICABILITY AND EFFECTIVE DATES.
(a) Applicability.--This Act and the amendments made by this Act
shall not apply to any member of a reserve component of the Armed
Forces serving pursuant to a call or order to active duty, or retention
on active duty, during a period of military conflict, who is eligible
to participate in the Ready Reserve Mobilization Income Insurance
Program established under section 512 of the National Defense
Authorization Act for Fiscal Year 1996.
(b) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall take effect on the date of
enactment of this Act.
(2) Exceptions.--
(A) Loan repayment deferral.--The amendment made by
section 2 shall apply with respect to any eligible
Reserve called or ordered to, or retained on, active
duty as the result of a period of military conflict
occurring on or after August 1, 1990.
(B) Disaster loans.--The amendments made by section
3 shall apply to economic injury suffered or likely to
be suffered as the result of a period of military
conflict occurring on or after August 1, 1990.
(c) Definitions.--For purposes of this section--
(1) the term ``economic injury'' has the same meaning as in
section 7(b)(3)(E) of the Small Business Act, as added by
section 3 of this Act;
(2) the term ``eligible Reserve'' has the same meaning as
in section 7(n)(2) of the Small Business Act, as added by
section 2 of this Act; and
(3) the term ``period of military conflict'' has the same
meaning as in section 7(n)(2) of the Small Business Act, as
added by section 2 of this Act. | Military Reservists Small Business Relief Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), upon request, to defer repayment of a direct loan made to: (1) an individual who is a reservist who received such loan before being called or ordered to, or retained on, active duty; or (2) a small business that received such loan before a reservist who is an owner, manager, or key employee of such small business was so called, ordered, or retained. Extends the loan deferral period from the date the individual is so called, ordered, or retained until the later of 180 days after: (1) such individual is released; or (2) the enactment of this Act, with no accrual of interest during such period.
Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of its owner, manager, or key employee being ordered to active duty during a period of military conflict. Limits to $500,000 the amount outstanding and committed on each loan. | {"src": "billsum_train", "title": "Military Reservists Small Business Relief Act"} | 2,013 | 239 | 0.674957 | 2.009081 | 0.954235 | 3.767123 | 8.319635 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Learning and Innovation Act
of 2011''.
SEC. 2. ENGLISH LEARNER COMPETITIVE GRANTS.
(a) In General.--Title III of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended--
(1) in section 3001(a)--
(A) in paragraph (1), by inserting ``and part C''
after ``part B''; and
(B) by adding at the end of the following:
``(3) English learner competitive grants.--There are
authorized to be appropriated to carry out part C, $100,000,000
for fiscal year 2012 and each of the 5 succeeding fiscal
years.'';
(2) by redesignating part C as part D;
(3) by redesignating sections 3301 through 3304 as sections
3401 through 3404, respectively;
(4) in section 3116(d)(1), by striking ``3302'' and
inserting ``3402'';
(5) in section 3111(c)(1)(C), by striking ``3303'' each
place the term appears and inserting ``3403''; and
(6) by inserting after part B the following:
``PART C--ENGLISH LEARNER COMPETITIVE GRANTS.
``SEC. 3301. PURPOSE.
``The purpose of this part is to support eligible entities and
eligible agencies in developing and strengthening innovative systems
that support high-quality instruction for a diverse group of English
learners, including English learners who have entered a school in the
United States after elementary school or English learners who have been
in schools in the United States for more than 5 years without reaching
sufficient English proficiency to be reclassified, or both.
``SEC. 3302. INNOVATION GRANTS.
``(a) Program Authorized.--From amounts appropriated under section
3001(a)(3), the Secretary may award grants, on a competitive basis, to
eligible entities that have demonstrated progress in establishing and
committing to provide high-quality instruction that results in the
ability of English learners to achieve English language proficiency and
to demonstrate content mastery in core or covered subjects to enable
such eligible entities to carry out the activities described in
subsection (f).
``(b) Duration.--
``(1) In general.--Grants awarded under this section shall
be for a period of not more than 4 years.
``(2) Renewal.--The Secretary may renew a grant under this
section for an additional 2-year period, if the eligible entity
demonstrates success in--
``(A) improving the English language proficiency of
students served by the grant program, as measured by
the assessment described in section 1111(b)(7);
``(B) increasing the percentage of English learners
who achieve proficiency on the State academic
assessment in mathematics, reading or language arts,
and science, as described in section 1111(b)(3);
``(C) increasing the percentage of secondary school
students who achieve proficiency in core academic
subjects; and
``(D) increasing the percentage of English learners
who graduate from secondary school on-time, as defined
in section 200.19(b)(1) of title 34, Code of Federal
Regulations.
``(c) Eligible Entity.--The term `eligible entity' means--
``(1) a State educational agency;
``(2) a local educational agency; or
``(3) a public charter school, or a charter school
management organization.
``(d) Applications.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Contents.--At a minimum, the application described in
paragraph (1) shall include the following:
``(A) A description of how the eligible entity will
use grant funds to implement English language
proficiency standards and college and career ready
standards to assist English learners in--
``(i) improving English language
proficiency, academic achievement, and
achievement in core content areas; and
``(ii) improving preparation for
postsecondary education and careers.
``(B) A description of the benchmarks, consistent
with section 3304(b)(1), that the eligible entity will
establish to demonstrate improvements in outcomes for
students who are English learners.
``(C) A description of how the eligible entity has
used the metrics described in subsection (b)(2) and the
benchmarks described in subparagraph (B) to create a
data-driven needs assessment that the eligible entity
will use to determine how grant funds will be used.
``(D) A description of how the eligible entity will
use Federal funds received under this section only to
supplement the funds that would, in the absence of such
Federal funds, be made available from non-Federal
sources for the education of students participating in
programs assisted under this section, and not to
supplant such funds.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(1) use funds to implement evidence-based strategies, as
determined by the Secretary;
``(2) use funds to provide educational opportunities for
English learners who have entered a school in the United States
after elementary school or English learners who have been in
schools in the United States for more than 5 years without
reaching sufficient English proficiency to be reclassified, or
both;
``(3) serve populations of rural students and students who
are migratory children, as defined in section 1309(2);
``(4) form partnerships with entities that have the
capacity to take efforts under the grant to scale; or
``(5) work with an educational research entity that is, at
the time of the application, implementing research-based
programs or interventions in schools that serve a significant
percentage of English learners.
``(f) Use of Funds.--Each eligible entity that receives a grant
under this section shall use the grant funds to carry out activities
that lead to English learners becoming proficient in English in order
to access the academic content knowledge that English learners need to
meet State college and career ready academic content standards, which
may include--
``(1) improving instructional programs by--
``(A) implementing evidence-based language
instruction programs, including--
``(i) technology-based programs; and
``(ii) early childhood education programs,
if applicable;
``(B) consistent with State law, implementing a
program that uses instruction in the native language as
a basis for English language acquisition, such as--
``(i) a dual-language program; or
``(ii) a bilingual education program; or
``(C) obtaining technical assistance from an expert
to develop or implement materials for English learner
instruction;
``(2) ensuring that English learners are taught by
effective teachers and attend schools that are administered by
effective principals, by--
``(A) developing or implementing a strategy to
recruit effective teachers and principals;
``(B) developing or implementing a strategy to
retain effective teachers and principals; or
``(C) developing or implementing a strategy to
improve the effectiveness of teachers and principals;
``(3) increasing the ability of families of English
learners to be engaged in their child's education and
development;
``(4) expanding best practices to other schools or local
educational agencies that are served by the eligible entity; or
``(5) carrying out other activities consistent with the
purpose of this part.
``SEC. 3303. CAPACITY BUILDING GRANTS.
``(a) Capacity Building Grants.--
``(1) In general.--From amounts appropriated under section
3001(a)(3), the Secretary may award capacity-building grants,
on a competitive basis, to eligible agencies that demonstrate a
commitment to establishing and maintaining a system of high-
quality instruction for English learners to enable such
eligible agencies to carry out the activities described in
subsection (g).
``(2) Limitations.--The Secretary shall not award a grant
under this section to an eligible agency that has received a
grant under section 3302.
``(b) Duration.--
``(1) In general.--Grants awarded under this section shall
be for a period of not more than 4 years.
``(2) Renewal.--The Secretary shall not renew a grant under
this section.
``(c) Eligible Agency.--The term `eligible agency' means a State
educational agency or local educational agency that has experienced a
significant increase, as determined by the Secretary, in the number of
English learners that the State educational agency or local educational
agency, respectively, serves.
``(d) Funding Requirement.--Continued funding after the second year
of the grant period shall be contingent on the eligible agency's
progress in--
``(1) meeting the benchmarks described in subsection
(e)(2)(B);
``(2) improving the English language proficiency of
students served by the grant program, as measured by the
assessment described in section 1111(b)(7);
``(3) increasing the percentage of English learners who
achieve proficiency on State academic assessments in
mathematics, reading or language arts, and science, as
described in section 1111(b)(3);
``(4) increasing the percentage of secondary school
students who achieve proficiency in core academic subjects; and
``(5) increasing the percentage of English learners who
graduate from secondary school on-time, as defined in section
200.19(b)(1) of title 34, Code of Federal Regulations.
``(e) Applications.--
``(1) In general.--An eligible agency desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Contents.--At a minimum, the application described in
paragraph (1) shall include the following:
``(A) A description of how the eligible entity will
use grant funds to implement English language
proficiency standards and college and career ready
standards to assist English learners in--
``(i) improving English language
proficiency; and
``(ii) improving preparation for
postsecondary education and careers.
``(B) A description of the benchmarks, consistent
with section 3304(b), that the eligible agency will
establish to demonstrate improvements in outcomes for
students who are English learners.
``(C) A description of how the eligible agency will
efficiently use funds to build upon previous efforts to
educate English learners.
``(D) A description of how the eligible entity will
use Federal funds received under this section only to
supplement the funds that would, in the absence of such
Federal funds, be made available from non-Federal
sources for the education of students participating in
programs assisted under this section, and not to
supplant such funds.
``(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible agencies that propose to use
grant funds to implement evidence-based strategies, as determined by
the Secretary, in order to become competitive in the application
process for a grant described in section 3302.
``(g) Use of Funds.--
``(1) Required use of funds.--An eligible agency that
receives a grant under this section shall use the grant funds
to carry out activities that--
``(A) build the eligible agency's capacity to
provide quality instruction to English learners; and
``(B) will allow the eligible agency to become
competitive in the application process for a grant
described in section 3302.
``(2) Permissible use of funds.--An eligible agency that
receives a grant under this section may use the grant funds to
ensure that English learners are taught by effective teachers
and attend schools that are administered by effective
principals, by--
``(A) developing or implementing a strategy to
recruit effective teachers and principals;
``(B) developing or implementing a strategy to
retain effective teachers and principals; or
``(C) developing or implementing a strategy to
improve the effectiveness of teachers and principals.
``SEC. 3304. INDICATORS, EVALUATION, TECHNICAL ASSISTANCE, AND
RESEARCH.
``(a) Indicators.--
``(1) In general.--The Secretary, in consultation with the
Director of the Institute for Education Sciences, shall
establish indicators to measure the success of grant programs
under this part.
``(2) Primary indicator.--The primary indicator described
in paragraph (1) shall be the percentage of students who--
``(A) are English learners;
``(B) become English language proficient; and
``(C) are on track for postsecondary education and
a career.
``(b) Evaluation and Reports by the Eligible Entity.--Each eligible
entity and eligible agency receiving a grant under this part shall--
``(1) develop quantifiable benchmarks to evaluate the
activities that the eligible entity or eligible agency carries
out under this part, based on the applicable indicators
described in subsection (a), which may include--
``(A) the percentage of students who are English
learners who obtain English proficiency;
``(B) the rate of participation of students who are
English learners in State assessments;
``(C) reduction in the percentage of students who
are English learners who are in the bottom level of
achievement on State assessments in reading, English,
or language arts, and mathematics; or
``(D) the percentage of students who are English
learners and who are taking advanced coursework;
``(2) submit the benchmarks described in paragraph (1) to
the Secretary for approval; and
``(3) prepare and submit an annual report to the Secretary
on the progress that the eligible entity or eligible agency is
making toward meeting such benchmarks.
``(c) Technical Assistance.--The Secretary shall reserve not more
than 1 percent from amounts appropriated in section 3001(a)(3) to
directly, or through grant or contract, provide technical assistance to
eligible entities and eligible agencies to prepare the entities and
agencies to qualify, apply for, and maintain grants under this part.
``(d) Research and Evaluation.--The Secretary shall reserve not
more than 0.5 percent from amounts appropriated in section 3001(a)(3)
to evaluate grants or provide technical assistance for activities
funded under this part.
``SEC. 3305. DEFINITIONS.
``In this part:
``(1) Dual language program.--The term `dual language
program' means an instructional strategy for English learners--
``(A) in which students are taught literacy and
content in English and another language and use the
other language for at least half of the instructional
day; and
``(B) that fosters bilingualism, biliteracy,
enhanced awareness of linguistic and cultural
diversity, and high levels of academic achievement
through instruction in 2 languages.
``(2) English learner.--The term `English learner' has the
meaning given the term `limited English proficient' in section
9101.''. | English Learning and Innovation Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award renewable, competitive Innovation grants to states, local educational agencies (LEAs), and public charter schools or charter school management organizations to carry out activities that result in English learners becoming proficient in English so that they can access the knowledge needed to meet state college and career readiness standards.
Includes among those activities: (1) improving instructional programs, including through the use of dual-language or bilingual education; (2) ensuring that English learners are taught by effective teachers at schools administered by effective principals; (3) increasing the ability of the families of English learners to engage in their child's education and development; and (4) expanding best practices to other schools or LEAs.
Authorizes the Secretary to award competitive Capacity Building grants to states and LEAs that have experienced a significant increase in English learners for use in building their capacity to provide quality instruction to English learners and become competitive in applying for an Innovation grant.
Directs the Secretary to establish indicators to measure the success of this Act's grant programs.
Requires this Act's grantees to: (1) develop, and submit for the Secretary's approval, quantifiable benchmarks for evaluating their grant activities; and (2) provide the Secretary with an annual report on their progress toward those benchmarks. | {"src": "billsum_train", "title": "A bill to promote innovative practices for the education of English learners and to help States and local educational agencies with English learner populations build capacity to ensure that English learners receive high-quality instruction that enables English learners to become proficient in English and access the academic content knowledge that English learners need to meet State college and career ready academic content standards."} | 3,288 | 287 | 0.609944 | 1.757672 | 0.770747 | 3.05948 | 11.702602 | 0.910781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AIDS Corps Act of 2003''.
SEC. 2. AIDS CORPS.
(a) In General.--The President shall establish a pilot program to
demonstrate the feasibility of facilitating the service of health care
professionals from the United States in those areas of sub-Saharan
Africa and other parts of the world that are severely affected by HIV/
AIDS, tuberculosis, and malaria.
(b) Eligibility Requirements.--To be eligible to participate in the
pilot program established under subsection (a), an individual shall--
(1) be a citizen of the United States or an alien who is
lawfully residing in the United States;
(2) be a trained health care professional who meets the
educational and licensure requirements necessary to be such a
professional (including a physician, nurse, physician
assistant, nurse practitioner, pharmacist, or other type of
health care professional), or other individual determined to be
appropriate by the President;
(3) enter into an agreement with the President to provide
services of the type described in subsection (c) for a period
of not less than 2 months and not more than 2 years; and
(4) meet such other requirements as the President
determines appropriate.
(c) Required Services.--A participant in the program established
under this section shall--
(1) provide on-the-job training to medical and other
personnel in the area in which the participant is serving to
strengthen the basic health care system of the affected
countries;
(2) provide health care educational training for residents
of the area in which the participant is serving;
(3) provide basic health care services for those infected
and affected by HIV/AIDS, tuberculosis, and malaria in the area
in which the participant is serving; and
(4) carry out other activities determined appropriate by
the President.
(d) Recruitment.--The President shall ensure that information on
the program established under subsection (a) is widely distributed to
the public, including distribution through schools for health
professionals, hospitals, clinics, and nongovernmental organizations
working in the areas of international health and aid.
(e) Placement of Participants.--In assigning participants in the
program established under subsection (a), the President shall--
(1) to the maximum extent practicable, ensure that such
participants serve in the poorest areas of affected countries,
where health care needs are likely to be the greatest; and
(2) consult with relevant officials of affected countries
at both the national and local level as well as with local
community leaders and organizations.
(f) Incentives.--The President may offer such incentives as the
President determines to be necessary to encourage individuals to
participate in the program established under subsection (a),
including--
(1) partial payment of principal, interest, and related
expenses on Government and commercial loans for educational
expenses relating to professional health training;
(2) where permissible, the deferment of repayments on loans
described in paragraph (1);
(3) ensuring the provision of the retirement benefits of
participants if participation in the program would otherwise
jeopardize the receipt of such benefits; and
(4) other incentives determined appropriate by the
President.
(g) Coverage of Participants Under the Federal Tort Claims Act.--A
participant in the program established under subsection (a) shall be
deemed to be an employee of the United States Government for purposes
of--
(1) chapter 171 of title 28, United States Code, and any
other Federal tort liability law;
(2) sections 5584 and 5732 of title 5, United States Code;
and
(3) section 3342 of title 31, United States Code.
(h) Report.--Not later than 18 months after the date of enactment
of this Act, the President shall submit to the appropriate committees
of Congress a report that describes the steps taken under subsection
(a) to establish the program, including--
(1) the process of recruitment, including the venues for
recruitment, the number of candidates recruited, the incentives
offered, if any, and the cost of those incentives;
(2) the process, including the criteria used, for the
selection of participants;
(3) the number of participants placed, the countries in
which they were placed, and why those countries were selected;
and
(4) the potential for expansion of the program.
(i) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
for such purpose, there are authorized to be appropriated to
carry out this section, such sums as may be necessary for each
of fiscal years 2004 through 2008.
(2) Availability of funds.--Amounts appropriated under
paragraph (1) shall remain available until expended. | AIDS Corps Act of 2003 - Directs the President to establish a pilot program to demonstrate the feasibility of facilitating the service of health care professionals from the United States in those areas of sub-Saharan Africa and other parts of the world that are severely affected by HIV/AIDS, tuberculosis, and malaria. | {"src": "billsum_train", "title": "A bill to facilitate the service of health care professionals in areas of sub-Saharan Africa, and other parts of the world, that are severely affected by HIV/AIDS, tuberculosis, and malaria."} | 978 | 72 | 0.590175 | 1.427252 | 1.025295 | 8.844828 | 16.827586 | 0.982759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Exporting goods and services is a critical part of the
United States economy. A recent study by the International
Trade Administration recently found that 11.6 million jobs
across the country are directly supported by exports.
(2) Though United States exports have increased by one-
third since 2010 and contributed to roughly one-third of all
domestic economic growth, increases in exports have failed to
meet lofty goals established by the Administration.
(3) An important part of helping small- and mid-size
businesses begin to export or to access new markets is export
assistance provided by the Federal Government.
(4) Numerous resources for companies exist at Federal
agencies, including in the Department of Commerce, the
Department of Agriculture, the Small Business Administration,
the Department of State, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, and
others.
(5) These Federal agencies offer programs to provide
technical and cultural assistance, low-cost financing, and the
development of future export markets overseas.
(6) While these Federal agencies and the programs they
operate provide important assistance to United States
companies, there is significant overlap among agencies that
fails to maximize Federal resources and creates confusion for
businesses seeking to navigate the bureaucracy.
(7) This confusion leads to less effective export
promotion, wasted government resources, and an inability to
track the success of Federal efforts.
(8) Specifically, the U.S. Government Accountability Office
has found that enhanced collaboration among these efforts could
improve Federal agency efforts, reduce overlap, and ease
confusion for small businesses.
(9) Intra-agency efforts have fallen short in providing
greater cohesion and communication among Federal export
programs.
(10) The U.S. Government Accountability Office found
significant shortcomings at the Trade Promotion Coordination
Committee, including a lack of information about total export
promotion resources, ineffectiveness in tracking data and
outcomes, and a failure to coordinate export promotion
resources with governmentwide policies.
(11) Given the shortcoming of Federal export assistance,
significant change is necessary to ensure the United States
maintains its global economic competitiveness while small
businesses can grow their businesses and create more jobs.
(12) By consolidating the functions of multiple Federal
agencies, including the International Trade Administration, the
Office of International Trade of the Small Business
Administration, the Trade and Development Agency, the Export
Credit Guarantee Program and Facilities Guarantee Program of
the Department of Agriculture, and the Bureau of Economic and
Business Affairs of the Department of State, into the new
Export Promotion Agency in the Department of Commerce, small-
and mid-size businesses will be able to utilize a one-stop-shop
for export assistance.
(13) These reforms will reduce waste and overlap to
maximize Federal resources, improve businesses' access to
information and assistance by cutting bureaucracy, and allow
the Department of Commerce to better track and report to
Congress on the effectiveness of its export programs.
(14) Additionally, including the Trade and Development
Agency and the Bureau of Economic and Business Affairs of the
Department of State as part of the new agency will strengthen
their coordination with traditional export assistance to ensure
that United States companies are able to take advantage of new
emerging markets overseas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Export Promotion
Agency established under section 4(a).
(2) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(3) Personnel.--The term ``personnel'' means officers and
employees.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Export Promotion appointed
under section 4(b).
SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGENCY.
(a) In General.--There is established in the Department of Commerce
an agency to be known as the ``Export Promotion Agency''.
(b) Under Secretary.--The head of the Agency shall be the Under
Secretary of Commerce for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the Senate.
(c) Transfers of Functions.--In accordance with section 7 (relating
to transition provisions), there are transferred to the Agency the
functions of each of the following:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade and Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
(d) Chairperson of TPCC.--Section 2312(d)(3) of the Export
Enhancement Act of 1992 (15 U.S.C. 4727(d)(3)) is amended by inserting
``, acting through the Under Secretary of Commerce for Export
Promotion,'' after ``Secretary of Commerce''.
(e) Compensation.--Section 5314 of title 5, United States Code, is
amended by striking ``and Under Secretary of Commerce for Travel and
Tourism'' and inserting ``Under Secretary of Commerce for Travel and
Tourism, and Under Secretary of Commerce for Export Promotion''.
SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS.
(a) In General.--The Under Secretary shall develop the following:
(1) An organizational structure for the Agency that
consolidates programs and eliminates duplicative programs,
where appropriate.
(2) Metrics designed to measure performance on an annual
basis with respect to the following:
(A) The total exports from the United States,
including exports assisted by the Agency.
(B) The number of United States business concerns,
including small- and medium-sized business concerns,
exporting, including exports assisted by the Agency.
(C) The number and presence of United States
business concerns in key foreign markets.
(b) Report.--Not later than 12 months after the date on which the
first Under Secretary takes office, the Under Secretary shall submit to
Congress a report that contains matters required under subsection (a).
SEC. 6. ANNUAL REPORTS TO CONGRESS.
The Under Secretary shall submit to Congress an annual report on
the operations of the Agency, including the following:
(1) The effectiveness of its organizational structure and
any changes made to that structure developed under section
5(a)(1).
(2) The data the Agency has received from applying the
metrics developed under section 5(a)(2).
SEC. 7. TRANSITION PROVISIONS.
(a) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Rule of construction.--Nothing in this Act shall be
understood to require the advice and consent of the Senate to
the appointment by the President to a position in the Agency of
any officer whose entity or program the functions of which are
transferred to the Agency under section 4(c) and whose duties
following such transfer are germane to those performed before
such transfer.
(b) Transfer of Personnel, Assets, Obligations, and Functions.--
(1) In general.--Upon transfer of the functions of an
entity or program to the Agency under section 4(c)--
(A) the personnel, assets, and obligations held by
or available in connection with such functions shall be
transferred to the Under Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(B) the Under Secretary shall have all functions
relating to the entity or program that any other
official could by law exercise in relation to the
entity or program immediately before such transfer, and
shall have in addition all functions vested in the
Under Secretary by this Act or other law.
(2) Incidental transfers.--
(A) Authorization of director of office of
management and budget; termination of affairs.--The
Director of the Office of Management and Budget, at
such time or times as the Director shall provide, is
authorized and directed to make such determinations as
may be necessary with regard to the functions, entities
or programs, or portions thereof transferred by this
Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such functions,
entities or programs, or portions thereof, as may be
necessary to carry out the provisions of this Act. The
Director shall provide for the termination of the
affairs of all entities and programs terminated by this
Act and for such further measures and dispositions as
may be necessary to effectuate the purposes of this
Act.
(B) Transfer of positions within senior executive
service.--After consultation with the Director of the
Office of Personnel Management, the Director of the
Office of Management and Budget is authorized, at such
time as the Director of the Office of Management and
Budget provides, to make such determinations as may be
necessary with regard to the transfer of positions
within the Senior Executive Service in connection with
functions and entities and programs transferred by this
Act.
(c) Savings Provisions.--
(1) Completed administrative actions.--
(A) In general.--Completed administrative actions
of an entity or program shall not be affected by the
enactment of this Act or the transfer of the functions
of such entity or program to the Agency under section
4(c), but shall continue in effect according to their
terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(B) Definition.--For purposes of subparagraph (A),
the term ``completed administrative action'' includes
orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(2) Pending civil actions.--Subject to the authority of the
Under Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of the functions of an entity or program to the Agency
under section 4(c), and in such civil actions, proceedings
shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment or transfer had not occurred.
(3) Proceeding not affected.--
(A) In general.--The provisions of this Act shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending on the effective date of this Act before any
entity or program with respect to functions transferred
by this Act, but such proceedings or applications, to
the extent that they relate to functions transferred,
shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this
Act had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the head of the
Federal agency to which such functions are transferred
by this Act, by a court of competent jurisdiction, or
by operation of law. Nothing in this subparagraph
prohibits the discontinuance or modification of any
such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(B) Regulations.--The Under Secretary is authorized
to issue regulations providing for the orderly transfer
of proceedings continued under subparagraph (A).
(d) Termination of Entities and Programs.--On the effective date of
this Act, the following entities and programs shall terminate:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
SEC. 8. REFERENCES.
With respect to any function of an entity or program transferred to
the Agency under section 4(c) to, and exercised on or after the
effective date specified in section 9 by, the Under Secretary, any
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an
entity or program of government from which such function is
transferred--
(1) to the head of such entity or program is deemed to
refer to the Under Secretary of Commerce for Export Promotion;
or
(2) to such entity or program is deemed to refer to the
Export Promotion Agency.
SEC. 9. EFFECTIVE DATE.
This Act takes effect on the date that is 1 year after the date of
the enactment of this Act. | Export Promotion Act This bill establishes the Export Promotion Agency in the Department of Commerce. The bill designates the functions, responsibilities, organizational structure, and reporting requirements of the agency. The bill terminates the following entities and programs and transfers their functions to the agency: the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State. | {"src": "billsum_train", "title": "Export Promotion Act"} | 2,948 | 108 | 0.522614 | 1.407034 | 0.443706 | 5.039216 | 28.166667 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Preservation Act''.
SEC. 2. DEDICATION OF A PORTION OF OUTER CONTINENTAL SHELF REVENUES TO
THE NATIONAL PARK SERVICE.
(a) Definitions.--In this Act:
(1) Leased tract.--The term ``leased tract'' means a tract
leased under section 8 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337) for the purpose of drilling for, developing,
and producing oil and natural gas resources, consisting of a
block, a portion of a block, or a combination of blocks or
portions of blocks, as specified in the lease and as depicted
on an Outer Continental Shelf Official Protraction Diagram.
(2) Outer continental shelf.--The term ``outer Continental
Shelf'' has the meaning given the term in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(3) Outer continental shelf revenues.--
(A) In general.--The term ``outer Continental Shelf
revenues'' means all amounts received by the United
States from leased tracts, less--
(i) such amounts as are credited to States
under section 8(g) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(g)); and
(ii) such amounts as are needed for
adjustments or refunds of overpayments for
rents, royalties, or other purposes.
(B) Inclusions.--The term ``outer Continental Shelf
revenues'' includes royalties (including payments for
royalty taken in kind and sold), net profit share
payments, and related late-payment interest from
natural gas and oil leases issued under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
for a leased tract.
(C) Exclusions.--The term ``outer Continental Shelf
revenues'' does not include amounts received by the
United States under--
(i) any lease issued on or after the date
of enactment of this Act;
(ii) any lease under which no oil or gas
production occurred before January 1, 1999; or
(iii) any lease in an area for which there
is in effect a moratorium on leasing or
drilling on the outer Continental Shelf.
(b) Separate Account.--Of amount of outer Continental Shelf
revenues received by the Secretary of the Interior during each fiscal
year, $500,000,000 shall be deposited in a separate account in the
Treasury of the United States and shall, without further Act of
appropriation, be available to the Secretary of the Interior in
subsequent fiscal years until expended.
(c) Threatened Park Resources.--
(1) In general.--The amounts made available under
subsection (b) shall be available for expenditure in units of
the National Park System that have ecosystems, critical
habitat, cultural resources, or other core park resources that
are threatened or impaired.
(2) Identified threats.--The amounts made available under
subsection (b)--
(A) shall be used only to address identified
threats and impairments described in paragraph (1),
including use for land acquisition, construction,
grants to State, local, or municipal governments, or
partnerships with other Federal agencies or nonprofit
organizations; and
(B) shall not be directed to other operational or
maintenance needs of units of the National Park System.
(3) Allocation.--Of the amounts made available under
subsection (b)--
(A) 30 percent shall be available for expenditure
in units of the National Park System with ecosystems,
critical habitat, cultural resources, or other core
park resources threatened or impaired by activities
occurring inside the unit; and
(B) 70 percent shall be available for expenditure
in units of the National Park System with ecosystems,
critical habitat, cultural resources, or other core
park resources threatened or impaired by activities
occurring outside the unit (including $150,000,000 for
each of fiscal years 2000 through 2015 for the Federal
share of the Everglades and South Florida ecosystem
restoration project under the comprehensive plan
developed under section 528 of the Water Resources
Development Act of 1996 (110 Stat. 3767)).
(d) Conforming Amendment.--Section 9 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1338) is amended by striking ``All rentals'' and
inserting ``Except as provided in section 2 of the National Park
Preservation Act, all rentals''. | Makes such funds available for expenditure in units of the National Park System (NPS) that have ecosystems, critical habitat, cultural resources, or other core park resources that are threatened or impaired. Allocates 30 percent of funds to NPS units threatened or impaired by activities occurring inside the unit, and 70 percent to units threatened or impaired by activities occurring outside the unit. Specifies an annual amount for FY 2000 through 2015 for the Federal share (50 percent) of the Everglades and South Florida ecosystem restoration project under the Water Resources Development Act of 1996.
Prohibits from deposit in the separate account any revenues from any new oil and gas leases, or from development of any existing leases in a moratorium area. | {"src": "billsum_train", "title": "National Park Preservation Act"} | 978 | 153 | 0.467281 | 1.298779 | 0.532099 | 3.518519 | 6.466667 | 0.896296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Yellowstone Irrigation Project
Facilities Conveyance Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Control board.--The term ``Control Board'' means the
Lower Yellowstone Irrigation Project Board of Control organized
under the laws of the State of Montana for the purposes of--
(A) managing--
(i) Lower Yellowstone Irrigation District
No. 1; and
(ii) Lower Yellowstone Irrigation District
No. 2; and
(B) operating and maintaining the facilities of the
Savage Unit and the Intake Project, under contract with
the respective irrigation districts.
(2) Diversion dam.--The term ``diversion dam'' means the
Lower Yellowstone Diversion Dam, a feature of the Lower
Yellowstone Irrigation Project.
(3) Intake irrigation district.--The term ``Intake
Irrigation District'' means the Montana Irrigation District
that
(A) is organized under the laws of the State of
Montana; and
(B) operates the Intake Project.
(4) Intake original construction contract.--The term
``Intake original construction contract'' means the repayment
contract between the Intake Irrigation District and the
Secretary, numbered Irl-1436.
(5) Intake project.--The term ``Intake project'' means the
Federal irrigation feature operated by the Intake Irrigation
District through contract with the Control Board, located
adjacent to the main canal and 3 miles below the Diversion Dam,
serving approximately 828 irrigated acres, and authorized under
the terms of the Act of August 11, 1939 (53 Stat. 1418, chapter
717).
(6) Irrigation district.--The term ``irrigation district''
means--
(A) the Intake Irrigation District;
(B) the Lower Yellowstone Irrigation District No.
1;
(C) the Lower Yellowstone Irrigation District No.
2; and
(D) the Savage Irrigation District.
(7) Lower yellowstone irrigation district no. 1.--The term
``Lower Yellowstone Irrigation District No. 1'' means the
irrigation district that is organized under the laws of the
State of Montana and operates the part of the Lower Yellowstone
Irrigation Project located in the State of Montana
(8) Lower yellowstone irrigation district no. 2.--The term
``Lower Yellowstone Irrigation District No. 2'' means the
irrigation district organized under the laws of the State of
North Dakota and that operates the part of the Lower
Yellowstone Irrigation Project located in the State of North
Dakota.
(9) Main canal.--The term ``main canal'' means the Lower
Yellowstone Irrigation Project main canal, a feature of the
Lower Yellowstone Irrigation Project that--
(A) serves Lower Yellowstone Irrigation District
No. 1, Lower Yellowstone Irrigation District No. 2, the
Savage Irrigation District, and the Intake Irrigation
District; and
(B) is operated and maintained by the Lower
Yellowstone Irrigation Project Board of Control.
(10) Pick-sloan missouri basin program.--The term ``Pick-
Sloan Missouri Basin Program'' means the comprehensive Federal
program for multipurpose benefits within the Missouri River
Basin (including irrigation) authorized by section 9 of the Act
of December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 891, chapter 665).
(11) Project.--The term ``project'' means--
(A) the Yellowstone Project;
(B) the Intake Irrigation Project; and
(C) the Savage Unit.
(12) Savage irrigation district.--The term ``Savage
Irrigation District'' means the irrigation district that is
organized under the laws of the State of Montana that operates
the Savage Unit.
(13) Savage original construction contract.--The term
``Savage original construction contract'' means the repayment
contract between the Savage Irrigation District and the
Secretary, numbered Irl-1525, as extended or amended.
(14) Savage unit.--The term ``Savage Unit'' means the
Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal
irrigation feature transferred under this Act, operated by the
Savage Irrigation District through contract with the Control
Board, located adjacent to the Main Canal and 12 miles below
the Diversion Dam, serving approximately 2,187 irrigated acres
and authorized by the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665).
(15) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(16) Yellowstone original construction contract.--The term
``Yellowstone original construction contract'' means--
(A) the repayment contract between the Lower
Yellowstone Irrigation District No. 1 and the
Secretary, numbered Irl-103; and
(B) the repayment contract between the Lower
Yellowstone Irrigation District No. 2 and the
Secretary, numbered Irl-104.
(17) Yellowstone project.--The term ``Yellowstone project''
means the Lower Yellowstone Irrigation Project, operated by
Lower Yellowstone Irrigation District No. 1 and Lower
Yellowstone Irrigation District No. 2, serving approximately
51,429 irrigated acres, and authorized by the Act of June 17,
1902 (32 Stat. 388, chapter 1093).
SEC. 3. CONVEYANCE OF PROJECT.
(a) Conveyances.--
(1) Lower yellowstone irrigation district no. 1, lower
yellowstone irrigation district no. 2, and savage irrigation
district.--
(A) In general.--On acceptance by Lower Yellowstone
Irrigation District No. 1 and Lower Yellowstone
Irrigation District No. 2 and by the Intake Irrigation
District of the obligations of the Federal Government
for the Yellowstone Project and the Intake Irrigation
Project, respectively, the Secretary shall convey the
respective portions of the projects to each of the
irrigation districts.
(B) Method.--The conveyance under subparagraph
(A)--
(i) shall be by quitclaim deed or patent;
and
(ii) shall convey--
(I) all right, title, and interest
in all withdrawn land except certain
parcels not used for purposes of the
projects;
(II) all fee ownership land used
for diversion dam maintenance;
(III) all fee ownership land,
easements, and rights-of-way in
connection with the carriage,
distribution, and drainage of water to
serve the land of the projects; and
(IV) all diversion, carriage,
distribution, and drainage physical
features used to serve the land of the
projects.
(2) Conveyance to savage irrigation district.--
(A) In general.--The Secretary shall convey the
Savage Unit to the Savage Irrigation District, in
accordance with the methods described in subsection
(a)(2), immediately after the conditions in
subparagraph (B) are satisfied.
(B) Conditions.--The conditions for conveyance
under subparagraph (A) are--
(i) the acceptance by the Savage Irrigation
District of the obligations of the Federal
Government for the Savage Unit; and
(ii) the payment by the Savage Irrigation
District of the net present value of the
remaining repayment obligation of the Savage
Irrigation District under the Savage original
construction contract, determined in accordance
with Office of Management and Budget Circular
A-129 (as in effect on the date of enactment of
this Act).
(3) Water rights.--
(A) In general.--The Secretary shall transfer the
ownership of the water rights of the projects to the
respective and appurtenant irrigation districts in
accordance with applicable laws of the State of
Montana.
(B) No alteration.--The purpose, point of
diversion, place of use, flow rate, and volume of each
water right transferred shall not be altered.
(b) Transfer of Documents.--Patents, land deeds, court proceedings,
water right abstracts, contracts, special use permits, licenses,
permits, and any other documents of each project executed on behalf of
the Secretary shall be transferred to the district of the project.
(c) Pick-Sloan Missouri Basin Program Pumping Power.--
(1) In general.--
(A) Lower yellowstone irrigation districts.--The
Secretary and the Western Area Power Administration
shall continue to provide Lower Yellowstone Irrigation
District No. 1 and Lower Yellowstone Irrigation
District No. 2 with Pick-Sloan Missouri Basin Program
power at 3 pump stations for as long as the Yellowstone Project
continues to operate under the Pick-Sloan Missouri Basin Program.
(B) Rate of delivery.--Pick-Sloan power shall be
delivered under subparagraph (A) at 460 volts and at a
collective rate not to exceed 500 kilowatts.
(C) Cost.--The cost to Lower Yellowstone Irrigation
District No. 1 and Lower Yellowstone Irrigation
District No. 2 of power delivered under subparagraph
(A) (including transmission costs) shall be based on
the payment ability of the irrigation districts, as
determined by the Secretary.
(2) Savage irrigation district.--
(A) In general.--The Secretary and the Western Area
Power Administration shall continue to provide the
Savage Irrigation District with Pick-Sloan Missouri
Basin Program power at the Savage Pumping Plant for as
long as the Savage Irrigation District continues to
operate as intended under the Pick-Sloan Missouri Basin
Program.
(B) Rate of delivery.--Pick-Sloan power shall be
delivered under subparagraph (A) at 2,400 volts and at
a capacity rate not to exceed 650 kilowatts.
(C) Cost.--The cost to the Savage Irrigation
District of power delivered under subparagraph (A)
(including transmission costs) shall be based on the
payment ability of the Savage Irrigation District, as
determined by the Secretary.
(3) Intake irrigation district.--
(A) In general.--The Secretary and the Western Area
Power Administration shall continue to provide the
Intake Irrigation District with Pick-Sloan Missouri
Basin Program power at the Intake Pumping Plant for as
long as the Intake Irrigation District continues to
operate as intended under the Pick-Sloan Missouri Basin
Program.
(B) Rate of delivery.--Pick-Sloan power shall be
delivered under subparagraph (A) at 460 volts and at a
capacity rate not to exceed 50 kilowatts.
(C) Cost.--The cost to the Intake Irrigation
District for power delivered under subparagraph (A)
(including transmission costs) shall be based on the
payment ability of the Intake Irrigation District, as
determined by the Secretary.
(d) Deadline.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall complete each conveyance under this Act
expeditiously, but not later than 180 days after the date of
enactment of this Act.
(2) Deadlines if changes in operations intended.--If an
irrigation district notifies the Secretary that the irrigation
district intends to change operations as a result of the
conveyance under subsection (a), the Secretary shall--
(A) take into account the potential changes for the
purpose of completing any required environmental
evaluation associated with the conveyance; and
(B) complete the conveyance not later than 2 years
after the date of enactment of this Act.
(3) Administrative costs of conveyance.--
(A) Untimely conveyance.--If the Secretary fails to
complete a conveyance under this Act in accordance with
the applicable deadline under paragraph (1) or (2), the
full costs of any administrative action and
environmental compliance for the conveyance shall be
paid by the Secretary.
(B) Timely conveyance.--If the Secretary completes
a conveyance under this Act in accordance with the
applicable deadline under paragraph (1) or (2), the
costs of administrative action and environmental
compliance for the conveyance shall be paid--
(i) in an amount equal to 50 percent of the
costs, by the Secretary; and
(ii) in an amount equal to 50 percent of
the costs, by the irrigation district to which
the project is conveyed.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act expands or otherwise changes
the use or operation of a project from the use and operation of the
project on the day before the date of enactment of this Act.
(b) Future Alterations.--If an irrigation district alters the use
or operation of a project, the irrigation district shall comply with
all applicable laws (including regulations) governing the alteration of
use.
(c) Environmental Concerns.--
(1) Fish entrainment.--The Control Board and the irrigation
district for each project shall continue to work cooperatively
with the Commissioner of Reclamation and the Fish, Wildlife and
Parks Department of the State of Montana--
(A) to complete a fish entrainment study at the
diversion dam; and
(B) if necessary, to assist in the development of a
method for excluding fish from the Main Canal.
(2) Fish passage.--The Control Board and the irrigation
district for each project shall continue to work cooperatively
with the Commissioner of Reclamation and the United States Fish
and Wildlife Service--
(A) to identify any influences of the diversion dam
on fish passage; and
(B) if necessary, to assist in the development of a
method to improve fish passage.
(d) Recreation Management.--Lower Yellowstone Irrigation District
No. 1 and Lower Yellowstone Irrigation District No. 2 shall each convey
a perpetual conservation easement to the State of Montana, at no cost
to the State, for the purposes of protecting, preserving, and enhancing
the conservation values and permitting recreation on Yellowstone
Project land (including land known as ``Joe's Island''), located at the
diversion dam.
SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS.
(a) Yellowstone Original and Subsequent Construction Contracts and
Intake Original Construction and Subsequent Contracts.--All repayment
obligations of Lower Yellowstone Irrigation District No. 1, Lower
Yellowstone Irrigation District No. 2, and the Intake Irrigation
District have been fulfilled.
(b) Savage Original and Subsequent Construction Contracts.--The
acceptance of all obligations of the Federal Government with respect to
the Savage Unit by the Savage Irrigation District in accordance with
section 3(a)(2) shall extinguish all repayment contract obligations
under the Savage original construction contract.
SEC. 6. APPLICABILITY OF OTHER LAWS.
On conveyance of the projects under this Act, the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.) shall not apply to the
projects.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of a project under this Act, the United States shall not be
liable for damages of any kind arising out of any act, omission, or
occurrence based on prior ownership or operation by the United States
of the project property. | Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999 - Directs the Secretary of the Interior, upon acceptance by the appropriate parties of required Federal obligations, to convey the respective portions of the Yellowstone Irrigation Project, the Intake Irrigation Project, and the Savage Unit (irrigation project) of the Pick-Sloan Missouri Basin Program to the Intake Irrigation District (Montana), the Lower Yellowstone Irrigation Districts No. 1 (Montana) and 2 (North Dakota), and the Savage Irrigation District (Montana). Directs the Secretary and the Western Area Power Administration to continue to provide Pick-Sloan power to each such District as long as the Districts and the Yellowstone Project continue to operate under Pick-Sloan.
Requires each such conveyance within 180 days after enactment of this Act, with a two-year deadline if changes in operations are intended.
Provides related requirements regarding environmental matters and recreation management. | {"src": "billsum_train", "title": "Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999"} | 3,529 | 233 | 0.573865 | 1.609794 | 0.661502 | 2.69186 | 17.232558 | 0.912791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Health Care Cooperation
Act''.
SEC. 2. GLOBAL HEALTH CARE COOPERATION.
(a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the
following:
``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN
DEVELOPING COUNTRIES.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary of Homeland Security shall allow an eligible alien and
the spouse or child of such alien to reside in a candidate country
during the period that the eligible alien is working as a physician or
other health care worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a); and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to be--
``(A) eligible for assistance from the
International Development Association, in which the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association for the applicable fiscal year, as defined
by the International Bank for Reconstruction and
Development;
``(B) classified as a lower middle income country
in the then most recent edition of the World
Development Report for Reconstruction and Development
published by the International Bank for Reconstruction
and Development and having an income greater than the
historical ceiling for International Development
Association eligibility for the applicable fiscal year;
or
``(C) qualified to be a candidate country due to
special circumstances, including natural disasters or
public health emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United
States for permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security shall
consult with the Secretary of State in carrying out this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 180 days after the date of the
enactment of this section, a list of candidate countries;
``(2) an updated version of the list required by paragraph
(1) not less often than once each year; and
``(3) an amendment to the list required by paragraph (1) at
the time any country qualifies as a candidate country due to
special circumstances under subsection (b)(1)(C).''.
(b) Rulemaking.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall promulgate regulations to carry out the amendments made
by this section.
(2) Content.--The regulations promulgated pursuant to
paragraph (1) shall--
(A) permit an eligible alien (as defined in section
317A of the Immigration and Nationality Act, as added
by subsection (a)) and the spouse or child of the
eligible alien to reside in a foreign country to work
as a physician or other healthcare worker as described
in subsection (a) of such section 317A for not less
than a 12-month period and not more than a 24-month
period, and shall permit the Secretary to extend such
period for an additional period not to exceed 12
months, if the Secretary determines that such country
has a continuing need for such a physician or other
healthcare worker;
(B) provide for the issuance of documents by the
Secretary to such eligible alien, and such spouse or
child, if appropriate, to demonstrate that such
eligible alien, and such spouse or child, if
appropriate, is authorized to reside in such country
under such section 317A; and
(C) provide for an expedited process through which
the Secretary shall review applications for such an
eligible alien to reside in a foreign country pursuant
to subsection (a) of such section 317A if the Secretary
of State determines a country is a candidate country
pursuant to subsection (b)(1)(C) of such section 317A.
(c) Technical and Conforming Amendments.--
(1) Definition.--Section 101(a)(13)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding ``except in the case of an eligible alien,
or the spouse or child of such alien, who is authorized to be
absent from the United States under section 317A,'' at the end.
(2) Documentary requirements.--Section 211(b) of such Act
(8 U.S.C. 1181(b)) is amended by inserting ``, including an
eligible alien authorized to reside in a foreign country under
section 317A and the spouse or child of such eligible alien, if
appropriate,'' after ``101(a)(27)(A),''.
(3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such
Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
``other than an eligible alien authorized to reside in a
foreign country under section 317A and the spouse or child of
such eligible alien, if appropriate,'' after ``Act,''.
(4) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 317
the following:
``Sec. 317A. Temporary absence of aliens providing health care in
developing countries.''.
SEC. 3. ATTESTATION BY HEALTH CARE WORKERS.
(a) Attestation Requirement.--Section 212(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the
end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to
enter the United States for the purpose of
performing labor as a physician or other health
care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security
or the Secretary of State, as appropriate, an
attestation that the alien is not seeking to
enter the United States for such purpose during
any period in which the alien has an
outstanding obligation to the government of the
alien's country of origin or the alien's
country of residence.
``(ii) Obligation defined.--In this
subparagraph, the term `obligation' means an
obligation incurred as part of a valid,
voluntary individual agreement in which the
alien received financial assistance to defray
the costs of education or training to qualify
as a physician or other health care worker in
consideration for a commitment to work as a
physician or other health care worker in the
alien's country of origin or the alien's
country of residence.
``(iii) Waiver.--The Secretary of Homeland
Security may waive a finding of inadmissibility
under clause (i) if the Secretary determines
that--
``(I) the obligation was incurred
by coercion or other improper means;
``(II) the alien and the government
of the country to which the alien has
an outstanding obligation have reached
a valid, voluntary agreement, pursuant
to which the alien's obligation has
been deemed satisfied, or the alien has
shown to the satisfaction of the
Secretary that the alien has been
unable to reach such an agreement
because of coercion or other improper
means; or
``(III) the obligation should not
be enforced due to other extraordinary
circumstances, including undue hardship
that would be suffered by the alien in
the absence of a waiver.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
(c) Application.--Not later than the effective date described in
subsection (b), the Secretary of Homeland Security shall begin to carry
out subparagraph (E) of section 212(a)(5) of the Immigration and
Nationality Act, as added by subsection (a), including the requirement
for the attestation and the granting of a waiver described in clause
(iii) of such subparagraph (E), regardless of whether regulations to
implement such subparagraph have been promulgated. | Global Health Care Cooperation Act - Amends the Immigration and Nationality Act to allow permanent resident doctors or health care workers to reside in a qualifying developing country (candidate countries) while working in such professions and be considered to be maintaining U.S. presence and residency requirements for naturalization purposes.
Directs the Secretary of State to publish a candidate country list. | {"src": "billsum_train", "title": "A bill to enhance global healthcare cooperation and for other purposes."} | 1,982 | 80 | 0.501539 | 1.173566 | 1.010152 | 1.969231 | 26.261538 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Program for Arts and
Technology Act of 2011''.
SEC. 2. FINDING AND PURPOSES.
(a) Finding.--Congress finds that the national program for arts and
technology established under this Act will be the first national
replication program in the United States dedicated to addressing the
complex needs of the poor and undereducated by improving the
sustainability of neighborhoods, communities, and regions.
(b) Purposes.--It is the purpose of this Act to establish the
national program for arts and technology to provide grants for
qualifying centers and communities to implement or found a qualifying
center which adopts the guidelines set forth by the Secretary of
Education, in consultation with the Center of Origin, for the purposes
of--
(1) creating an institution within an environment of
poverty where individuals feel and foster a sense of belonging,
and are valued and treated with dignity;
(2) creating professional jobs for instructors, trainers,
artists, administrators, and others;
(3) collaborating with Federal agencies, private industry,
nonprofit philanthropic organizations, and planning and
economic development organizations to leverage other investment
dollars on behalf of all stakeholders;
(4) assisting business and industry to achieve long-term
vitality by ensuring the development of a trained and
knowledgeable workforce;
(5) coordinating with existing social service entities and
nonprofit organizations on developing diverse and equitable
communities;
(6) developing industry specific job training programs for
the under and unemployed that are both affordable and
accessible;
(7) bridging the gap between education and lifelong
learning for poor performing students through the discipline of
craftsmanship in the visual arts; and
(8) developing complimentary extended day or year
programming in partnership with the local public schools to
help engage at-risk students by connecting classroom
instruction with applied and experiential programming in the
arts.
SEC. 3. DEFINITIONS.
In this Act:
(1) National program for arts and technology.--The term
``national program for arts and technology'' means a program
that is based on the education and training model of Manchester
Bidwell.
(2) Center of origin.--The term ``Center of Origin'' means
Manchester Bidwell, nonprofit corporation, the education and
community development model upon which the national program for
arts and technology is based.
(3) Qualifying center.--
(A) In general.--The term ``qualifying center''
means a private, nonprofit educational entity that--
(i) is a successful model, based on the
guidelines of the Center of Origin and under
direction of the national program for arts and
technology; and
(ii) meets the requirements of subparagraph
(B).
(B) Requirements.--A qualifying center--
(i) operates under the guidelines and
practices established by the national program
for arts and technology and--
(I) provides education and training
to underemployed or unemployed
individuals in industry specific job
skills;
(II) is accessible to communities
and neighborhoods that have limited
access to transportation;
(III) compliments the learning of
targeted public middle school or high
school students who are at-risk of
dropping out of school; and
(IV) is housed in a facility that
has been reclaimed and renovated to
sustainable building standards or newly
constructed as a highly efficient green
space; and
(ii) has a valid affiliation agreement with
the Center of Origin and complies with the
following:
(I) Meets quarterly performance
goals, which may include--
(aa) students' school
attendance and behavior;
(bb) retention in
programming;
(cc) meeting and exceeding
recruitment and enrollment
metrics;
(dd) student outcomes and
performance in training; and
(ee) job placement.
(II) Adheres to essential operating
conditions including environment,
targeted populations, and educational
model.
(III) Participates in professional
development opportunities for members
of the board, executives and staff.
(4) Interested communities.--The term ``interested
community'' means a community that does the following:
(A) Demonstrates to the Secretary financial support
from one or more of the following:
(i) Sectors of government.
(ii) Education.
(iii) Philanthropy.
(iv) Social services.
(v) Corporations.
(vi) Arts organizations.
(B) Convenes an advisory committee comprised of
diverse community stakeholders who are committed to
creating a qualifying center in their community.
(C) Has identified potential funding that will be
used to secure the Federal matching requirements
described in section 4(c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) Program Authorized.--From the amounts appropriated to carry out
this Act, the Secretary shall establish and implement the national
program for arts and technology to award grants, on a competitive
basis, to qualifying centers (such as the Center of Origin) and
interested communities to--
(1) provide financial support to the centers and
communities to establish a new qualifying center to carry out
the purposes described in section 2(b); and
(2) provide management expertise to guide the centers and
communities through the 3-phase replication protocol developed
by the Center of Origin to ensure standardization across all
qualifying centers as to performance goals and objectives,
operating culture, and teaching models.
(b) Limitation on Use of Funds.--Federal funds received under this
Act may not be used for capital expenditures or endowment gifts.
(c) Matching Funds Required.--To be eligible to receive a grant
under this section, a qualifying center or interested community shall,
for each fiscal year for which the grant is received, provide non-
Federal contributions (which may include in-kind contributions) toward
the amount of the grant in an amount equal to $1 for each $1 of Federal
funds provided under the grant.
(d) Application and Annual Report.--
(1) Application.--
(A) In general.--To be eligible to receive for a
grant under this Act, a qualifying center or interested
community shall submit an application to the Secretary
at such time, in such manner, and containing such
information as the Secretary may require.
(B) Content.--An application submitted under
subparagraph (A) shall, at a minimum, contain--
(i) a description of activities to be
carried out under the grant;
(ii) information on specific measurable
goals and objectives to be achieved through
activities carried out under the grant;
(iii) evidence of an affiliation with a
local community; and
(iv) evidence of a teaching model
consistent the Secretary's criteria prescribed
pursuant to regulations and that of the Center
of Origin.
(2) Annual report.--
(A) In general.--Each qualifying center or
interested community receiving a grant under this Act
shall submit to the Secretary an annual report at such
time, in such manner, and containing such information
as the Secretary may require.
(B) Content.--An annual report submitted under
subparagraph (A) shall, at a minimum, describe the
degree to which progress has been made toward meeting
the specific measurable goals and objectives described
in the applications submitted under paragraph (1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this Act for fiscal year 2012
through fiscal year 2016. | National Program for Arts and Technology Act of 2011- Directs the Secretary of Education to establish and implement a national program for arts and technology that addresses the complex needs of the poor and undereducated by awarding competitive grants to qualifying centers (private, nonprofit educational entities) and interested communities to provide: (1) financial support to establish new qualifying centers; and (2) management expertise to guide such centers and communities.
Prohibits federal funds received under this Act from being used for capital expenditures or endowment gifts.
Requires a qualifying center or an interested community to match federal contributions. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to establish the national program for arts and technology."} | 1,580 | 123 | 0.603754 | 1.679547 | 0.637536 | 3.486486 | 13.783784 | 0.927928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Free Iran Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is the policy of the United States to support the
right of the people of Iran to seek, receive, and impart
information and ideas through any media, regardless of
frontiers, in accordance with article 19 of the Universal
Declaration of Human Rights.
(2) Consonant with this policy, radio broadcasting to Iran
may be effective in furthering the open communication of
accurate information and ideas about Iran to the people of
Iran.
(3) Such broadcasting to Iran, operated in a manner not
inconsistent with the broad foreign policy of the United States
and in accordance with high professional standards, would be in
the national interest.
SEC. 3. RADIO BROADCASTING TO IRAN.
(a) In General.--In order to carry out the objectives set forth in
section 2, the United States Information Agency shall provide for the
open communication of information and ideas on Iran through the use of
radio broadcasting to Iran. Radio broadcasting to Iran under this
section shall serve as a consistently reliable and authoritative source
of accurate, objective, and comprehensive news on Iran.
(b) Requirements Relating to Broadcasting.--(1) Radio broadcasting
under subsection (a) shall be provided in accordance with standards
that ensure the broadcast of programs which are objective, accurate,
and balanced, and which present a variety of views. Such standards
shall be established by the board established under section 4.
(2) Radio broadcasting under subsection (a) shall be provided in
the Farsi language.
(c) Designation of Broadcasts.--Any program of United States
Government radio broadcasts in the Farsi language under this section
shall be designated ``Radio Free Iran''.
(d) Relationship With Other Radio Service to Iran.--It is the sense
of Congress that radio broadcasting under this section supplement and
not supplant other radio broadcasting and radio broadcasting services
to Iran in the Farsi language that are provided by the United States
Government.
(e) Authority To Contract.--The Director of the United States
Information Agency may carry out this section by means of grants,
contracts, and leases and by such other means as the Director
determines appropriate. Any grant, contract, or lease under this
subsection shall specify that payment thereunder by the Director is
subject to the availability of appropriations therefor.
(f) Assistance From Other Government Agencies.--The Director may
secure on a reimbursable basis from any department or agency of the
Federal Government, with the concurrence of the head of the department
or agency, any technical or administrative support or services
(including personnel and property) that the Director may require in
order to provide radio broadcasting to Iran under this section. Any
reimbursement under this subsection shall be credited to the
appropriation from which the support or services was derived.
SEC. 4. ADVISORY BOARD.
(a) In General.--There is hereby established an advisory board to
be known as the Advisory Board for Radio Free Iran (in this section
referred to as the ``Board'').
(b) Membership Matters.--(1) The Board shall be composed of eight
members of whom--
(A) four shall be appointed by the President;
(B) two shall be appointed by the President pro tempore of
the Senate, upon the recommendation of the majority and
minority leaders of the Senate; and
(C) two shall be appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(2) Members shall be appointed for terms of 4 years. Any vacancy in
the Board shall not affect its powers but shall be filled in the same
manner as the original appointment.
(3) The President shall designate one member of the Board to be the
Chairman.
(c) Duties.--The Board shall have the following duties:
(1) To establish standards for the broadcast of programs
under section 3, which standards shall ensure that such
programs are objective, accurate, and balanced, and present a
variety of views.
(2) To monitor the broadcast of programs under that section
in order to ensure that the programs meet the standards so
established.
(d) Compensation.--(1) Each member of the Board who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Board 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 Board.
(e) Procurement of Supplies and Services.--The Board may, to the
extent it considers necessary to carry out its duties under this
section, procure supplies, services, and other personal property,
including specialized electronic equipment.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the United States Information Agency for fiscal year
1996 such sums as may be necessary for purposes of carrying out this
Act, in-cluding the activities of the Board established under section
4.
(b) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended. | Radio Free Iran Act - Directs the United States Information Agency to provide for the open communication of information and ideas on Iran through the use of radio broadcasting to Iran. Designates any U.S. Government radio broadcasts in the Farsi language to Iran as "Radio Free Iran."
Establishes the Advisory Board for Radio Free Iran to establish standards to ensure that programs are objective, accurate, and balanced and present a variety of views.
Authorizes appropriations. | {"src": "billsum_train", "title": "Radio Free Iran Act"} | 1,245 | 101 | 0.641238 | 1.62834 | 1.229065 | 5.186047 | 13.837209 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reinsurance International Solvency
Standards Evaluation Board Act of 2008''.
SEC. 2. ESTABLISHMENT.
There is established the Reinsurance International Solvency
Standards Evaluation Board, to evaluate the reinsurance supervisory
systems of the States of the United States and jurisdictions outside
the United States to determine, on a uniform basis, whether such
systems provide adequate capital and risk management standards and an
acceptable level of prudential supervision over their domiciled
reinsurers.
SEC. 3. CORPORATE STATUS.
(a) In General.--The Board shall--
(1) be a nonprofit corporation;
(2) have succession until dissolved by an Act of Congress;
(3) not be an agency or establishment of the United States
Government; and
(4) except as otherwise provided in this Act, be subject
to, and have all the powers conferred upon a nonprofit
corporation by, the District of Columbia Nonprofit Corporation
Act.
(b) Nongovernmental Employees.--No member or person employed by, or
who is an agent for, the Board shall be considered to be an officer or
employee of or agent for the Federal Government by reason of such
service.
SEC. 4. MEMBERSHIP AND OVERSIGHT.
(a) Appointment.--The Board shall have seven members as follows:
(1) All members shall be appointed by the President from
among individuals who have demonstrated expertise in
reinsurance matters and shall serve at the pleasure of the
President.
(2) A majority of the members of the Board shall be
selected from among the lists of individuals having reinsurance
regulatory expertise that may be submitted to the President by
any State insurance regulatory authority or any association
representing such authorities, subject only to the submission
of multiple such lists and the inclusion in each list submitted
of a reasonable number of names of individuals.
(b) Terms.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall be appointed for a term of seven
years.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members of the
Board first appointed, one each shall be appointed for a term
of one year, for a term of two years, for a term of three
years, for a term of four years, for a term of five years, and
for a term of six years.
(c) Oversight.--The President, or the President's designee, may
prohibit or suspend the effectiveness of any action of the Board that
the President or such designee determines, after advance public notice
and comment where appropriate, is significantly contrary to the public
interest.
SEC. 5. DUTIES.
The duties of the Board shall be--
(1) to establish standards and procedures to evaluate the
reinsurance supervisory systems of the States and foreign
jurisdictions in accordance with section 6;
(2) to conduct such evaluations;
(3) to certify, pursuant to section 6(c), reinsurance
supervisory systems that comply with such standards;
(4) to facilitate the development of uniform standards for
regulation of reinsurance;
(5) to perform such other duties or functions as the Board
determines are necessary or appropriate to carry out this Act;
and
(6) to establish the budget and manage the operations of
the Board and the staff of the Board.
SEC. 6. EVALUATION AND CERTIFICATION OF REINSURANCE SUPERVISORY
SYSTEMS.
(a) Standards.--The Board shall establish uniform standards for
reinsurance supervisory systems of States and foreign jurisdictions
that ensure that any such system that complies with such standards
provides adequate capital and risk management standards and an
acceptable level of prudential supervision over reinsurers domiciled in
such State or jurisdiction.
(b) Procedures.--The Board shall establish procedures for any
entity to make a request for evaluation of the reinsurance supervisory
system of a State or foreign jurisdiction to determine compliance of
such system with the standards established by the Board pursuant to
subsection (a). Such procedures shall provide that an evaluation shall
be conducted only upon payment to the Board of a fee in the amount
established pursuant to subsection (c).
(c) Fees.--The Board shall establish a fee for conducting
evaluations under this section in the amount such that the aggregate of
fees collected covers all costs of conducting evaluations under this
section and all other costs of the establishment and operation of the
Board.
(d) Certification.--If, upon conducting of an evaluation under this
section with respect to the reinsurance supervisory system of any State
or foreign jurisdiction, the Board determines that the system complies
with the standards established pursuant to subsection (a), the Board
shall certify such compliance and publish notice and evidence of such
certification in an appropriate manner. Such certification shall be
effective for a term of 12 months from the date of initial
certification.
(e) Public Notice and Comment.--In developing standards,
procedures, and fee levels pursuant to subsections (a) through (c) and
making determinations pursuant to subsection (d), the Board shall
provide appropriate advance public notice and opportunity for public
comment.
SEC. 7. TREATMENT OF CERTIFIED REINSURANCE SUPERVISORY SYSTEMS.
(a) Credit for Reinsurance.--The domiciliary State of a ceding
insurer may not treat a reinsurer domiciled in any other domestic or
foreign jurisdiction differently from reinsurers domiciled and in good
standing in such domiciliary State for the purpose of determining
credit for reinsurance for that ceding insurer, if--
(1) the domestic or foreign jurisdiction is certified
pursuant to section 6(d); and
(2) the reinsurer is in good standing in such other
jurisdiction.
(b) Preemption of Inconsistent State Laws.--All laws, regulations,
provisions, or other actions of a State are preempted to the extent
that they are inconsistent with subsection (a).
SEC. 8. FACILITATION OF UNIFORM REINSURANCE STANDARDS.
(a) Development of Proposed Standards.--The Board shall
periodically develop proposed uniform standards to improve various
aspects of reinsurance regulation, particularly where a domestic or
international consensus standard or conflict of law has emerged.
(b) Reporting of Proposed Standards.--The Board shall report any
standards proposed under subsection (a) to the appropriate State and
Federal entities, including proposed enacting or implementing language,
as appropriate.
SEC. 9. POWERS OF BOARD.
In addition to any other authority granted to the Board in this
Act, the Board shall have the power--
(1) to sue and be sued, complain and defend, in its
corporate name and through its own counsel, with the approval
of the President, in any Federal, State, or other court;
(2) to conduct its operations and maintain offices, and to
exercise all other rights and powers authorized by this Act, in
any State, without regard to any qualification, licensing, or
other provision of law in effect in such State (or a political
subdivision thereof);
(3) to lease, purchase, accept gifts or donations of or
otherwise acquire, improve, use, sell, exchange, or convey, all
of or an interest in any property, wherever situated;
(4) to hire employees, professionals, and specialists, and
elect or appoint officers, and to fix their compensation,
define their duties, determine their qualification, and give
them appropriate authority to carry out the purposes of the
Act; and to establish the personnel policies and programs for
the Board relating to conflicts of interest, rates of
compensation, and such other matters as the Board considers
appropriate;
(5) to allocate, assess, and collect fees established
pursuant to section 6(c); and
(6) to enter into agreements, incur liabilities, and do any
and all other acts and things necessary, appropriate, or
incidental to the conduct of its operations and the exercise of
its obligations, rights, and powers imposed or granted by this
Act.
SEC. 10. RULES AND BYLAWS.
The Board shall establish such rules and bylaws as the Board
determines necessary--
(1) to provide for the operation and administration of the
Board, the exercise of its authority, and the performance of
its responsibilities under this Act;
(2) to permit, as the Board determines necessary or
appropriate, delegation by the Board of any of its functions to
an individual member or employee of the Board, or to a division
of the Board, including functions with respect to hearing,
determining, ordering, certifying, reporting, or otherwise
acting as to any matter; and
(3) to otherwise carry out this Act.
SEC. 11. CONSULTATION WITH FEDERAL AGENCIES.
The Board shall coordinate with other Federal and State agencies as
necessary to assist and advise the Board in performing its duties under
this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Board.--The term ``Board'' means the Reinsurance
International Solvency Standards Evaluation Board established
by section 2.
(2) Ceding insurer.--The term ``ceding insurer'' means an
insurer that purchases reinsurance.
(3) Domiciled.--The term ``domiciled'' means, with respect
to an insurer or reinsurer, to be incorporated or entered
through, and licensed.
(4) Domiciliary state.--The term ``domiciliary State''
means, with respect to an insurer or reinsurer, the State in
which the insurer or reinsurer is domiciled.
(5) Insurance.--The term ``insurance'' means any product,
other than title insurance, defined or regulated as insurance
by the appropriate State insurance regulatory authority.
(6) Reinsurance.--The term ``reinsurance'' means the
assumption by an insurer of all or part of a risk undertaken by
another insurer.
(7) Reinsurance supervisory system.--The term ``reinsurance
supervisory system'' means, with respect to a State or foreign
jurisdiction, the agency, board, commission, or other entity
that has primary regulatory authority over the business of
reinsurance for the State or jurisdiction.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, any other territory
or possession of the United States.
(9) State insurance regulatory authority.--The term ``State
insurance regulatory authority'' means, with respect to a
State, the officer, agency, board, commission, or other entity
of a State that has primary regulatory authority over the
business of insurance for the State.
SEC. 13. LOAN FOR INITIAL FUNDING.
(a) In General.--Upon the initial appointment of all of the members
of the Board, the Secretary of the Treasury shall make a direct loan to
the Board of $10,000,000, which shall be available only for use for
operational and administrative costs of the Board in carrying out its
duties under this Act.
(b) Terms.--The loan under this section shall--
(1) be repaid not later than the expiration of the 5-year
period beginning upon the making of the loan; and
(2) bear interest at the annual rate of interest paid under
marketable obligations of the United States having comparable
maturities and most recently issued by the Secretary of the
Treasury before the making of the loan under this section.
(c) Authorization of Appropriations for Costs.--There is authorized
to be appropriated such sums as may be necessary for the costs (as such
term is defined in section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a)) of the loan under this section. | Reinsurance International Solvency Standards Evaluation Board Act of 2008 - Establishes the Reinsurance International Solvency Standards Evaluation Board to evaluate reinsurance supervisory systems of the states and jurisdictions outside the United States to determine, on a uniform basis, whether such systems provide adequate capital and risk management standards and an acceptable level of prudential supervision over their domiciled reinsurers.
Requires the Board to: (1) establish evaluation standards and procedures for requesting an evaluation; and (2) develop uniform standards to improve reinsurance regulation, particularly where a domestic or international consensus standard or conflict of law has emerged.
Prohibits the domiciliary state of a ceding insurer, for the purpose of determining credit for reinsurance for the ceding insurer, from treating a certified reinsurer domiciled and in good standing in any other domestic or foreign jurisdiction differently from reinsurers domiciled and in good standing in such domiciliary state. | {"src": "billsum_train", "title": "To establish the Reinsurance International Solvency Standards Evaluation Board."} | 2,550 | 206 | 0.547237 | 1.625296 | 0.923269 | 5.714286 | 14.726708 | 0.968944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Business Ownership Act of
2008''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Women's Business Ownership'' (hereinafter in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
(a) Review Required.--The Commission shall--
(1) review the status of women business owners nationwide,
and the progress made since the 1980 White House Conference on
Small Business;
(2) review the role of the Federal Government in aid to,
and the promotion of, women business owners; and
(3) review data collection procedures with regard to women-
owned business and Federal initiatives and procurement, with a
view toward recommending improvements.
(b) Recommendations Required.--Based on its review, the Commission
shall--
(1) recommend new private-sector initiatives regarding
management and technical assistance to women business owners;
(2) recommend ways to create greater access to credit for
women in business; and
(3) recommend ways to enhance procurement opportunities for
women business owners.
(c) Definition.--For purposes of this Act, a business is owned by a
woman if the sole owner is a woman, or if one-half or more of the
partners are women, or if it is a corporation, where 50 percent or more
of the stock is owned by women.
SEC. 4. MEMBERSHIP.
(a) In General.--The Commission shall be composed of nine members
appointed as follows:
(1) Three members appointed by the President.
(2) Three members appointed by the Speaker of the House of
Representatives from a list of fifteen individuals nominated
for such appointment by the chairman of the Committee on Small
Business of the House of Representatives.
(3) Three members appointed by the majority leader of the
Senate from a list of fifteen individuals nominated for such
appointment by the chairman of the Committee on Small Business
and Entrepreneurship of the Senate.
(b) Qualifications.--(1) Appointments under subsection (a) shall be
made from individuals whip are specially qualified to serve on the
Commission by virtue of their education, training, or experience, and
who are not officers or employees of the Federal Government or Members
of Congress.
(2) Of the three individuals appointed under each of paragraphs
(1), (2), and (3) of subsection (a)--
(A) no more than two members appointed under each paragraph
shall be of the same political party;
(B) at least one member appointed under each paragraph
shall be a woman; and
(C) at least one member appointed under each paragraph
shall be an individual who is a small business owner.
(3) In making the appointments under subsection (a), the appointing
authorities should give consideration to achieving a geographical
balance.
(c) Term.--Members shall be appointed for the life of the
Commission, except that, if any member of the Commission becomes an
officer or employee of the Federal Government or a Member of Congress,
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 or Member of Congress.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Pay.--Members of the Commission shall serve without pay, except
members of the Commission shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by them in
carrying out the functions of the Commission, in the same manner as
persons employed intermittently in the Federal Government are allowed
expenses under section 5703 of title 5, United States Code.
(f) Quorum.--Five members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Chairperson and Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be designated by the President. The
term of office of the Chairperson and Vice Chairperson shall be the
life of the Commission.
(h) Meetings.--The Commission shall meet not less than four times
nor more than six times each year. Meetings shall be at the call of a
majority of its members.
SEC. 5. DIRECTOR AND STAFF OF THE COMMISSION.
(a) Director and Staff.--(1) The Commission shall have a Director
who shall be appointed by the Commission. The Commission, with the
recommendation of the Director, may appoint and fix the pay of four
additional personnel.
(2) The Director and staff of the Commission may be appointed
without regard to section 5311(b) of title 5, United States Code, and
without regard to the provisions of such title governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no individual so appointed may receive pay in excess of the annual rate
of basic pay payable for GS-18 of the General Schedule.
(b) Services.--The Commission may procure temporary and
intermittent services under section 3109(b) of title 5 of the Unites
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
(c) Details.--Upon request of the Commission, the head of any
department or agency may detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the Commission in
carrying out its duties under this Act.
SEC. 6. POWERS OF THE COMMISSION.
(a) In General.--The Commission may, for the purpose of carrying
out this Act, hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the Commission
considers appropriate.
(b) Delegation.--Any member or agent of the Commission may, if so
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
(c) Access to Information.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable it 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.
(d) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(e) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
SEC. 7. REPORTS.
The Commission shall transmit to the President and to each House of
the Congress such interim reports as it considers appropriate and shall
transmit a final report to the President no later than twenty-six
months after the date of the Commission's first meeting. The final
report 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.
SEC. 8. TERMINATION.
The Commission shall cease to exist on the date that it transmits
its final report to the President and to each House of the Congress.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Women's Business Ownership Act of 2008 - Establishes the Commission on Women's Business Ownership to review and make recommendations concerning: (1) the status of women business owners nationwide, and the progress made since the 1980 White House Conference on Small Business; (2) the role of the federal government in aid to and promotion of women business owners; and (3) data collection procedures with regard to women-owned businesses and federal initiatives and procurement. | {"src": "billsum_train", "title": "To establish the Commission on Women's Business Ownership."} | 1,633 | 89 | 0.683644 | 1.715467 | 1.493918 | 5.229885 | 17.643678 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Environmental, Labor,
and Agricultural Standards Act of 1993''.
SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES.
In addition to the overall and principal trade negotiating
objectives of the United States set forth in section 1101 of the
Omnibus Trade and Competitiveness Act of 1988, the purposes, policies,
and objectives of title I of such Act of 1988 that are applicable with
respect to any free-trade area trade agreement negotiated under the
authority of such title I with Canada and Mexico (hereinafter referred
to as the ``NAFTA'') include the achievement of the following principal
negotiating objectives:
(1) Worker rights and standards and protection.--With a
view to establishing open, expanding mutually-beneficial trade
among Canada, Mexico, and the United States, to spreading the
benefits of such trade as widely as possible, to protecting
citizens interests, and to enhancing respect for human rights
throughout North America, the principal negotiating objectives
of the United States with respect to worker rights and
standards, and the protection thereof, in the conduct of
international trade, commerce, and finance are--
(A) to ensure freedom of association and to affirm
the vital role that free and independent unions play in
democratic governance;
(B) to ensure the rights of working people to
organize, to bargain collectively, and to strike, and
to ensure the right of workers' representatives to
legal protection in the free exercise of their duties
and fundamental human rights;
(C) to establish a minimum age for the employment
of children--
(i) at 14 years if the employment will not
result in the neglect of their education and
will not harm their health and well-being, and
(ii) at 18 years if the employment involves
the use of, or exposure to, hazardous equipment
or toxic chemical substances, but only if the
use or exposure will not pose long-term risks
to their health and safety;
(D) to ensure the right to health at the workplace
and to a healthy working environment, including freedom
from exposure to toxic substances;
(E) to guarantee the right of all workers to equal
protection, including freedom from discrimination in
wages or working conditions, regardless of their
nationality, race, religion, age, or sex; and
(F) to guarantee humane standards of wages and
hours of work that take into account different levels
of national economic development, but provide for
improvement concurrently with gains in productivity.
(2) Environmental quality and protection.--In recognition
of the shared responsibility of Canada, Mexico, and the United
States as stewards responsible for, and our common interest in,
preserving and sustaining the North American continent's
natural habitat and resources over time, the principal
negotiating objectives of the United States with respect to
environmental quality and protection are--
(A) the protection of environmental quality and of
the integrity of ecosystems, as well as the maintenance
of scarce biological and physical resources, in the
conduct of international trade, commerce, and finance;
(B) the establishment of a process for the full and
public disclosure of the kinds, quantities, and risks
associated with toxic chemical and hazardous substance
discharges into the air, water, and land;
(C) the prevention of the export of toxic and
hazardous substances and products, such as carcinogens
and unsafe drugs, that are banned in the country of
origin;
(D) the prevention of the export of products
(unless remediation or repatriation contracts already
exist) manufactured, extracted, harvested, or grown
under environmental conditions or workplace safety and
health conditions that undermine counterpart standards,
particularly those applicable to the counterpart
industry in the importing country or the counterpart
standards, in general, in the importing country; and
(E) to require that industries within their
national borders reduce the amount and toxicity of
hazardous substances that they use, minimize the amount
and toxicity of wastes they generate, and demonstrate
publicly their use of best available technology for
pollution abatement in their production processes.
(3) Unfair trade practices.--In acknowledging different,
evolving comparative advantages among trading nations, but with
a view to distinguishing between acceptable and unacceptable
means of competition among trading nations, the principal
negotiating objectives of the United States with respect to
unfair trade practices shall include the adoption, as a
principle, that the systematic denial or practical negation of
the protections accorded worker rights and standards and
environmental quality (within the context of paragraphs (1) and
(2)) as a means for any country or its industries to gain
competitive advantage in international trade, commerce, and
finance is an actionable unfair trade practice.
(4) Comprehensive dispute resolution.--The principal
negotiating objectives of the United States are to achieve a
process for the settlement of disputes that arise between or
among the signatories with respect to unfair trade practices,
including not only those involving commonly identified unfair
trade barriers, but unfair practices, within the context of the
negotiating objectives listed in paragraphs (1), (2), and (3)
involving the systematic denial or practical negation of worker
rights and standards and failure to apply or enforce standards
relating to environmental quality or protection, resulting in
distortions to international trade, commerce, and finance. Such
a process shall include--
(A) notification by each signatory nation to the
other signatories regarding changes in law or practice
that will materially affect the agreement;
(B) provision, on a sequential basis and subject to
reasonable time limits, for consultation between or
among signatories, for mediation, and, if necessary,
for binding arbitration;
(C) the establishment of a trinational commission,
with authority to investigate, adjudicate, and issue
binding judgments in a timely manner regarding the
issues in dispute pursuant to subparagraph (B)--
(i) that consists of equal numbers of
experts from the signatory nations (with United
States experts being subject to the advice and
consent of the United States Senate), and
(ii) the chairmanship of which will be
filled by individuals who--
(I) are citizens of the respective
signatories,
(II) serve on a rotational basis
among the signatories for 2-year terms,
but no individual may serve in such
office for more than one term, and
(III) are appointed to such office
by the respective chief executive
officers of the signatories (and any
chairperson appointed from the United
States is subject to the advice and
consent of the United States Senate);
and
(D) provision for the trinational commission, in
its proceedings and deliberations, to consult with a
wide array of representative organizations, in addition
to government agencies, with expertise in labor,
environmental, agricultural, and scientific matters in
each of the signatory nations;
(E) provision for the trinational commission to
enforce its judgments, as appropriate, by authorizing
an aggrieved signatory nation to--
(i) suspend, withdraw, or prevent the
application of, the benefits of trade agreement
concessions to carry out the NAFTA with the
offending signatory nation,
(ii) impose proportionate duties on
specific products, companies, or industries, or
other offsetting import restrictions on the
goods of, and offsetting fees or restrictions
on the services of, the offending signatory
nation for such time as the trinational
commission determines, or
(iii) enter into binding agreements with
the offending signatory nation that commit such
nation to--
(I) eliminate, or phase out, the
act, policy, or practice that
constitutes an unfair trade practice
and that is the subject of the action
to be taken under clause (i) or (ii),
(II) eliminate any burden or
restriction on North American trade, as
defined in the NAFTA, resulting from
such unfair trade practice,
(III) provide the aggrieved
signatory nation with compensatory
trade benefits that are satisfactory to
the trinational commission and meet the
requirements of subparagraph (F), or
(IV) enter into debt-for-science
exchanges, or similar arrangements, as
appropriate, that are satisfactory to
the trinational commission and that
serve, as potential funding sources for
remedies recommended under paragraph
(5), to ameliorate the issues in
dispute pursuant to subparagraph (B);
(F) provision that any binding agreement described
in subparagraph (E)(iii)(III) provide compensatory
trade benefits (including, but not limited to,
appropriate fees on trans-border movements of products,
services, or capital) that benefit the economic sector
which includes the domestic industry in the aggrieved
signatory nation that would benefit from the
elimination of the act, policy, or practice that
constitutes an unfair trade practice and that is the
subject of the action to be taken under subparagraph
(E), or benefit the economic sector within the
aggrieved signatory nation as closely related as
possible to such sector, unless--
(i) the provision of such trade benefits is
not feasible, or
(ii) trade benefits that benefit any other
economic sector within the aggrieved signatory
nation would be clearly and substantially more
satisfactory than such trade benefits;
(G) provision for the trinational commission, in
taking action against unfair trade practices, as
defined in the NAFTA, to avoid diminishing higher
protections accorded worker rights and standards and
environmental quality and protection and to give
preference to the prompt elimination of the act,
policy, or practice at issue over--
(i) the imposition of duties or other
offsetting import restrictions or compensatory
trade benefits, or
(ii) the entering into of debt relief
arrangements described in subparagraph
(E)(iii)(IV);
(H) provision for the government of any signatory
nation or any informed person within a signatory nation
to file a petition requesting the trinational
commission to take action under subparagraph (E)
against any unfair trade practice, including the
systematic denial or practical negation of worker
rights and standards and failure to apply or enforce
standards relating to environmental quality or
protection (referred to in paragraphs (1) and (2)), and
setting forth the allegations in support of the request
in public hearings and written testimony; and
(I) provision for the proceedings, record, and
decisions (along with the supporting rationale) of the
trinational commission to be made public information.
(5) Technical advice and recommendations.--
(A) Interagency committee.--The Director of the
Office of Science and Technology shall establish,
through the Federal Coordinating Council on Science,
Engineering, and Technology, an interagency committee
to provide technical assistance, advice, and
recommendations to United States experts on the
trinational commission. The interagency committee shall
include one representative from each of the following
agencies:
(i) The National Science Foundation.
(ii) The Environmental Protection Agency.
(iii) The Department of Labor.
(iv) The Department of the Interior.
(v) The Department of Agriculture.
(vi) The Department of Energy.
(vii) The National Institute of Standards
and Technology.
(viii) The Department of Justice.
(B) Specific functions.--In addition to the general
functions referred to in subparagraph (A), the
interagency committee shall evaluate the scientific and
technological aspects of certain disputes brought
before the trinational commission that pertain to
environmental quality and protection and to workplace
safety and health, and shall determine if violations
related to the disputes reflect--
(i) inadequate or insufficient application
of known technologies and techniques for
mitigation of the violations, or
(ii) need for additional research on, and
the development of, new technologies and
techniques for mitigation of the violations.
Consistent with paragraph (4)(G), and after
consultations with State and local government officials
and a wide array of representative organizations with
expertise in environmental, labor, agricultural and
scientific matters, the interagency committee will
recommend to the United States experts on the
trinational commission, when appropriate, specific
technological remedies to eliminate violations or
further research that is needed to develop scientific
and technological remedies. | North American Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area trade agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) with Canada and Mexico (NAFTA) must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates.
Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work.
Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosure of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country.
Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice.
Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a trinational commission with authority to investigate, adjudicate, and issue timely binding judgments.
Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the trinational dispute resolution commission. | {"src": "billsum_train", "title": "North American Environmental, Labor, and Agricultural Standards Act of 1993"} | 2,549 | 382 | 0.570495 | 2.067653 | 0.813833 | 3.541547 | 7.186246 | 0.934097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2002''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL
HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE
PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (U), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (V)(iii), by inserting ``and''
after the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(W) marriage and family therapist services (as defined in
subsection (ww)(1)) and mental health counselor services (as
defined in subsection (ww)(3));''.
(2) Definitions.--Section 1861 of such Act (42 U.S.C.
1395x) is amended by adding at the end the following new
subsection:
``Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor
``(ww)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and family
therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
and family therapists, is licensed or certified as a marriage
and family therapist in such State.
``(3) The term `mental health counselor services' means services
performed by a mental health counselor (as defined in paragraph (2))
for the diagnosis and treatment of mental illnesses which the mental
health counselor is legally authorized to perform under State law (or
the State regulatory mechanism provided by the State law) of the State
in which such services are performed, as would otherwise be covered if
furnished by a physician or as incident to a physician's professional
service, but only if no facility or other provider charges or is paid
any amounts with respect to the furnishing of such services.
``(4) The term `mental health counselor' means an individual who--
``(A) possesses a master's or doctor's degree in mental
health counseling or a related field;
``(B) after obtaining such a degree has performed at least
2 years of supervised mental health counselor practice; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of mental
health counselors or professional counselors, is licensed or
certified as a mental health counselor or professional
counselor in such State.''.
(3) Provision for payment under part b.--Section
1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended
by adding at the end the following new clause:
``(v) marriage and family therapist
services and mental health counselor
services;''.
(4) Amount of payment.--Section 1833(a)(1) of such Act (42
U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (U)'' and inserting ``(U)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to marriage and
family therapist services and mental health counselor
services under section 1861(s)(2)(W), the amounts paid
shall be 80 percent of the lesser of the actual charge
for the services or 75 percent of the amount determined
for payment of a psychologist under clause (L)''.
(5) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing facility
prospective payment system.--Section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)) is amended--
(A) in paragraph (2)(A)(i)(II), by striking
``clauses (ii) and (iii)'' and inserting ``clauses (ii)
through (iv)''; and
(B) by adding at the end of paragraph (2)(A) the
following new clause:
``(iv) Exclusion of certain mental health
services.--Services described in this clause
are marriage and family therapist services (as
defined in section 1861(ww)(1)) and mental
health counselor services (as defined in
section 1861(ww)(3)).''.
(6) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of claims.--
Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C))
is amended by adding at the end the following new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(ww)(2)).
``(viii) A mental health counselor (as defined in section
1861(ww)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in Certain
Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act (42
U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a
marriage and family therapist (as defined in subsection
(ww)(2)), by a mental health counselor (as defined in
subsection (ww)(4)),'' after ``by a clinical psychologist (as
defined by the Secretary)''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of
such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by
inserting ``or a marriage and family therapist (as defined in
subsection (ww)(2))'' after ``social worker''.
(c) Authorization of Marriage and Family Therapists To Develop
Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of
the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by
inserting ``marriage and family therapist (as defined in subsection
(ww)(2)),'' after ``social worker,''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2003. | Seniors Mental Health Access Improvement Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance). Includes coverage of: (1) certain mental health services provided in rural health clinics and federally qualified health centers; and (2) certain marriage and family therapist services provided in hospices. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare Program, and for other purposes."} | 1,748 | 94 | 0.548732 | 1.329646 | 0.892531 | 4 | 17.345679 | 0.888889 |
SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
(a) Guidance Documents.--Paragraph (3) of section 804 of title 5,
United States Code, is amended to read as follows:
``(3) The term `rule'--
``(A) has the meaning given such term in section
551, except that such term does not include (except as
otherwise provided in subparagraph (B))--
``(i) any rule of particular applicability,
including a rule that approves or prescribes
for the future rates, wages, prices, services,
or allowances therefor, corporate or financial
structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices
or disclosures bearing on any of the foregoing;
``(ii) any rule relating to agency
management or personnel; or
``(iii) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or obligations
of non-agency parties; and
``(B) includes guidance documents.''.
(b) Significant Guidance Documents.--Paragraph (2) of section 804
of such title is amended to read as follows:
``(2) The term `major rule'--
``(A) means any rule that the Administrator of the
Office of Information and Regulatory Affairs of the
Office of Management and Budget finds has resulted in
or is likely to result in--
``(i) an annual effect on the economy of
$100,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets; and
``(B) includes significant guidance documents.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by that
Act.''.
(c) Definitions.--Section 804 of such title is amended by adding at
the end the following new paragraphs:
``(4) The term `guidance document' means a statement of
general applicability and future effect, other than a
regulatory action, issued by a Federal agency that sets forth--
``(A) a policy on a statutory, regulatory, or
technical issue; or
``(B) an interpretation of a statutory or
regulatory issue.
``(5) The term `significant guidance document'--
``(A) means a guidance document disseminated to
regulated entities or the general public that may
reasonably be anticipated to--
``(i) lead to an annual effect of
$100,000,000 or more, or adversely affect in a
material way the economy, a sector of the
economy, productivity, competition, employment,
the environment, public health or safety, or
State, local, or tribal governments or
communities;
``(ii) create a serious inconsistency, or
otherwise interfere, with an action taken or
planned by another Federal agency;
``(iii) materially alter the budgetary
impact of any entitlement, grant, user fees, or
loan programs, or the rights or obligations of
recipients thereof; or
``(iv) raise novel legal or policy issues
arising out of legal mandates; and
``(B) does not include any guidance document--
``(i) on regulations issued in accordance
with section 556 or 557 of title 5, United
States Code;
``(ii) that pertains to a military or
foreign affairs function of the United States,
other than procurement regulations and
regulations involving the import or export of
non-defense articles and services;
``(iii) on regulations that are limited to
the organization, management, or personnel
matters of a Federal agency; or
``(iv) belonging to a category of guidance
documents exempted by the Administrator of the
Office of Information and Regulatory
Affairs.''. | This bill requires guidance documents of federal agencies to be considered rules that are subject to the congressional review process, which Congress can use to overturn certain agency actions through a joint resolution of disapproval. "Guidance document" is defined as a statement of general applicability and future effect, other than a regulatory action, issued by a federal agency that sets forth: (1) a policy on a statutory, regulatory, or technical issue; or (2) an interpretation of a statutory or regulatory issue. Significant guidance documents are subject to review as major rules, which delays their effective date and requires the Government Accountability Office to review the agency's compliance with the regulatory process. A "significant guidance document" is a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to: (1) lead to an annual effect of at least $100 million or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another federal agency; (3) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs or the rights or obligations of recipients; or (4) raise novel legal or policy issues arising out of legal mandates. A guidance document is not considered to be significant if it: (1) concerns regulations issued in accordance with administrative procedures for rules required by statute to be made on record after opportunity for an agency hearing; (2) pertains to a U.S. military or foreign affairs function other than procurement regulations and regulations involving the import or export of non-defense articles and services; (3) concerns regulations that are limited to the organization, management, or personnel matters of a federal agency; or (4) belongs to a category of guidance documents exempted by the Office of Information and Regulatory Affairs. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to include guidance documents in the congressional review process of agency rulemaking."} | 902 | 432 | 0.567803 | 1.770328 | 0.657393 | 4.396419 | 2.173913 | 0.851662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Victim Assistance Improvement
Act''.
SEC. 2. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
(a) Increase.--Section 3013(a)(2) of title 18, United States Code,
is amended--
(1) in subparagraph (A) by striking ``$50'' and inserting
``not less than $100''; and
(2) in subparagraph (B) by striking ``$200'' and inserting
``not less than $400''.
(b) Extension of Period of Obligation.--Section 3013(c) of title
18, United States Code, is amended by striking ``five'' and inserting
``20''.
SEC. 3. TIMING OF PAYMENT OF FINES AND RESTITUTION.
(a) Clarification of Provision Concerning When a Fine Must Be
Paid.--Section 3572(d) of title 18, United States Code, is amended to
read as follows:
``(d) Time, Method of Payment, and Related Items.--
``(1) In general.--Except as otherwise ordered under
paragraph (2), a person sentenced to pay a fine or other
monetary penalty shall not be released from custody following
sentencing until the person has paid the fine or penalty in
full.
``(2) Delayed payment.--(A) At sentencing, the court may,
if the interest of justice requires, permit the defendant to
delay payment of a fine or other penalty.
``(B) If the court permits the defendant to delay payment
of a fine or penalty, the court shall require that--
``(i) an installment on the criminal debt be paid
immediately or as soon as the court determines that it
would be possible for the defendant to pay an
installment; and
``(ii) the defendant make payment in equal monthly
installments or on such other schedule as the court may
specify.''.
(b) Amendment of Provision Concerning When Restitution Must Be
Paid.--Section 3663 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) make payments to the court or an agent of the court,
to be disbursed to the victim, in any case in which the court
finds such action is necessary to protect the privacy and
safety of the victim.''; and
(2) in subsection (f), by striking ``(f)(1) The court may
require'' and all that follows through ``(4) The order of
restitution'' and inserting the following:
``(f)(1) Except as otherwise ordered under paragraph (2), a person
required to pay restitution shall not be released from custody
following sentencing until the person has paid the restitution in full.
``(2)(A) At sentencing, the court may permit the defendant to delay
payment of restitution if the court finds that the defendant is unable
to pay.
``(B) If the court permits the defendant to delay payment of
restitution, the court shall require that--
``(i) an installment on the debt of restitution be paid
immediately or as soon as the court determines that it would be
possible for the defendant to pay an installment; and
``(ii) the person make payment in equal monthly
installments or on such other schedule as the court may
specify.
``(C) This paragraph shall not be construed to limit any right that
a victim may have to obtain and enforce a civil judgment against the
defendant or seek any other legal remedy available to the victim to
redress any injury caused by the defendant.
``(3) The order of restitution''.
SEC. 4. ENFORCEMENT OF SENTENCE OF A FINE THROUGH ORDER SUSPENDING
FEDERAL BENEFITS.
(a) In General.--Section 3572 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(j) Suspension of Federal Benefits.--
``(1) Definitions.--In this subsection--
``(A) the term `Federal benefit' means a grant,
contract, loan, professional license, or commercial
license provided by an agency of the United States or
by any entity using appropriated funds of the United
States (including a retirement, welfare, Social
Security, health, disability, or veterans' benefit,
public housing, or any similar benefit, or any other
benefit for which payments or services are required for
eligibility); and
``(B) the term `veterans' benefit' means a benefit
provided to veterans, their families, or survivors
under laws administered by the Secretary of Veterans
Affairs.
``(2) Order.--If a defendant is delinquent in paying a fine
or other monetary penalty imposed under this section, the court
may, after a hearing, issue an order that--
``(A) suspends the provision of Federal benefits to
the defendant for the time period in which the
defendant is delinquent, until such time as--
``(i) the delinquency is cured; or
``(ii) if the court so orders, the
defendant demonstrates a good-faith effort to
cure the delinquency; or
``(B) if the defendant demonstrates that the
defendant is unable to make payments as required, sets
a payment schedule that will require the defendant to
pay the maximum amounts that the defendant can
reasonably be expected to pay under the circumstances.
``(3) Reinstatement of benefits.--An order under paragraph
(2) may provide that if the defendant cures a delinquency for
any time period, a Federal benefit that is in the form of a
payment of money or other instrument of value to which the
defendant would have been entitled with respect to that time
period shall be provided to the defendant (without addition of
interest for the delay in payment).''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall not be applied to deny a Federal benefit to any person until the
date on which the Attorney General, in consultation with the Director
of the Administrative Office of the United States Courts, issues a
written determination that a cost-effective, readily available criminal
debt payment tracking system operated by the agency responsible for the
collection of criminal debt has established communications links with
entities that administer Federal benefit programs that are sufficient
to ensure that Federal benefits are not denied to any person except as
authorized by law.
SEC. 5. CRIME VICTIMS FUND.
(a) Prohibition of Payments to Delinquent Criminal Debtors by State
Crime Victim Compensation Programs.--
(1) In general.--Section 1403(b) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by redesignating paragraph (8) as paragraph
(9); and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) such program does not provide compensation to any
person who has been convicted of an offense under Federal law
with respect to any time period during which the person is
delinquent in paying a fine or other monetary penalty imposed
for the offense; and''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall not be applied to deny victims compensation
to any person until the date on which the Attorney General, in
consultation with the Director of the Administrative Office of
the United States Courts, issues a written determination that a
cost-effective, readily available criminal debt payment
tracking system operated by the agency responsible for the
collection of criminal debt has established cost-effective,
readily available communications links with entities that
administer Federal victims compensation programs that are
sufficient to ensure that victims compensation is not denied to
any person except as authorized by law.
(b) Exclusion From Income for Purposes of Means Tests.--Section
1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended
by inserting after subsection (b) the following new subsection:
``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum allowed
income eligibility requirement in any Federal, State, or local
government program using Federal funds that provides medical or other
assistance (or payment or reimbursement of the cost of such assistance)
that becomes necessary to an applicant for such assistance in full or
in part because of the commission of a crime against the applicant, as
determined by the Director, any amount of crime victim compensation
that the applicant receives through a crime victim compensation program
under this section shall not be included in the income of the applicant
until the total amount of assistance that the applicant receives from
all such programs is sufficient to fully compensate the applicant for
losses suffered as a result of the crime.''. | Crime Victim Assistance Improvement Act - Amends the Federal criminal code to increase the special assessments on convicted persons in the case of a felony. Extends the period of obligation to pay an assessment.
Prohibits a person sentenced to pay a fine or restitution from being released from custody following sentencing until the person has paid the fine or restitution in full. Specifies that a restitution order may require the defendant to make payments to the court to be disbursed to the victim when necessary to protect the privacy and safety of the victim. Authorizes the court to permit the defendant to delay payment if the defendant is unable to pay.
Provides for the enforcement of a sentence of a fine through an order suspending Federal benefits.
Amends the Victims of Crime Act of 1984 to: (1) make a crime victim compensation program eligible for funding under such Act only if the program does not provide compensation to any person who has been convicted of a Federal offense with respect to any time period during which the person is delinquent in paying a fine or other monetary penalty imposed for the offense; and (2) exclude any amount of compensation that the applicant receives through a crime victim compensation program from the income of the applicant for purposes of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides assistance to crime victims, until the total amount of assistance from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime. | {"src": "billsum_train", "title": "Crime Victim Assistance Improvement Act"} | 2,043 | 334 | 0.575182 | 1.656692 | 0.74393 | 5.196552 | 6.462069 | 0.934483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinated Youth Education,
Employment Training, and Residential Treatment Act of 2006''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The United States Surgeon General has reported that
serious mental, psychological, behavioral, and emotional
difficulties affect 1 in 5 United States youth. Moreover,
according to the National Institute of Mental Health, no other
illnesses affect so many youths so seriously.
(2) Youth who suffer from serious mental, psychological,
behavioral, and emotional difficulties, including youth who
have been abused and neglected, require specialized treatment
and care in order to live successful lives, benefit from
education and employment training, and avoid delinquent,
criminal, or antisocial behaviors. However, there are an
insufficient number of effective treatment programs for these
youth.
(3) As a consequence of the unavailability of appropriate
treatment options, youth throughout the country with serious
mental, psychological, behavioral, and emotional difficulties
remain in juvenile detention facilities and jails for long
periods waiting for treatment. These youth are in jeopardy of
worsening mental and psychological disorders as a consequence
of their confinement. Moreover, even though such confinement
often provides no professional, clinically supervised
treatment, confinement is the most expensive placement for
troubled youth short of hospitalization.
(4) Many youth entering residential treatment programs for
the first time have already experienced the trauma of multiple
placement disruptions and failures in alternative levels of
care. Requiring multiple placements prior to residential
treatment is predictive of poor outcomes, future disruptions,
and problems affecting a youth's educational, emotional, and
social growth.
(5) Residential treatment programs for youth with serious
mental, psychological, behavioral, and emotional difficulties,
operated by professionally trained and supervised personnel,
provides for a caring, therapeutic, and cost effective approach
that serves the best interests of the youth. Residential
treatment programs are integral components of comprehensive
systems of care promoting responsibility and accountability and
providing 24-hour care with professional counseling, therapy,
specialized education, and/or employment training under the
supervision of highly trained staff.
(6) Residential treatment programs operated by Boys and
Girls Home and Family Services, Inc. provide effective
therapeutic and educational programs for youth suffering from
serious mental, psychological, behavioral, and emotional
problems that negatively affect their education and
employability. Boys and Girls Home and Family Services, Inc.'s
mission of improving the lives of youth and families includes
providing youth with professional treatment and specialized
education and training so that youth can return to their
communities, and avoiding long term institutionalization while
holding youth responsible and accountable. Such residential
treatment programs offer the potential to help numerous youth
throughout the country.
(7) Lesser levels of care for youth with serious mental,
psychological, behavioral, and emotional problems who require
residential treatment can result in multiple failed placements
until the proper level of advanced treatment is provided. It is
estimated that more than one-third of first-time entrants into
residential treatment programs have had 11 or more prior
placements, with almost 40 percent coming from locked
placements.
(8) Since its founding in 1892, Boys and Girls Home and
Family Services, Inc. has proven to be a trusted and successful
provider of a full spectrum of services for youth and families,
in collaboration with Federal, State, and local agencies,
courts, schools, law enforcement, employment training agencies
and employers, faith-based groups, and other community based
organizations. A not-for-profit, 501(c)(3) organization, Boys
and Girls Home and Family Services, Inc. has unique experience
in operating small, medium, and large facilities and programs
to serve youth and families, particularly in rural areas. The
organization has demonstrated how to maximize cost
efficiencies, and to pass those cost savings on to other
providers so as to sustain the viability of collaborative
services. The capability of Boys and Girls Home and Family
Services, Inc. to sustain the highest level of youth services,
residential treatment, provides a solid foundation for all
lesser levels of care for youth.
(9) The lengthy detention and excessive, multiple placement
of youth with serious mental, psychological, behavioral, and
emotional difficulties who are waiting for treatment is a
serious problem for the Nation. The costs to society of
detention and excessive, multiple placement of youth in need of
residential treatment are exorbitant. Efficient and experienced
residential treatment programs are needed to offer effective
treatment, education, and training opportunities for youth,
with the hope that they may one day be reintegrated into their
communities.
(10) Boys and Girls Home and Family Services, Inc.,
offering services nationwide, is a leading children, youth, and
family service agency. The agency has a national reputation for
excellence and unique capabilities and experiences that assist
communities in designing and operating residential treatment
programs to serve youth with serious mental, psychological,
behavioral, and emotional difficulties. With adequate funding
from the public and private sectors, Boys and Girls Home and
Family Services, Inc. can assist other agencies and communities
in implementing residential treatment programs to offer
treatment, specialized education and training, and hope for
youth. The result will be an improved ability for youth with
serious mental, psychological, behavioral, and emotional
difficulties to obtain education and employment training in
order to lead fulfilling lives and contribute to society and
the economy.
(b) Purposes.--The purposes of this Act are as follows:
(1) To further the important objective of providing
exceptional services for youth with serious mental,
psychological, behavioral, and emotional difficulties, through
residential treatment programs, specialized education and
employment training, and other appropriate levels of treatment,
so that these youth may become productive citizens to ensure a
bright future for themselves and their families.
(2) To assist Boys and Girls Home and Family Services, Inc.
with the costs of establishing exceptional residential
treatment and specialized education and employment training
programs to address the needs of youth with serious mental,
psychological, behavioral, and emotional difficulties, their
families and communities.
SEC. 3. ASSISTANCE FOR BOYS AND GIRLS HOME AND FAMILY SERVICES, INC.
(a) Assistance Authorized.--Using such funds as may be appropriated
pursuant to the authorization of appropriations in subsection (c), the
Secretary of Education and the Secretary of Labor shall make grants to
Boys and Girls Home and Family Services, Inc., to assist with the costs
of establishing programs and facilities for residential treatment,
specialized education, and employment training and other appropriate
levels of service to youth with serious mental, psychological,
behavioral, and emotional problems, their families, and communities.
(b) Grant Requirements.--To receive grants under subsection (a),
Boys and Girls Home and Family Services, Inc. shall submit to either
the Secretary of Education or the Secretary of Labor, or to both
Secretaries, a proposal for the use of the grant funds, which shall
relate to establishing programs for residential treatment, specialized
education, and employment training and other appropriate levels of
service to youth who suffer from emotional and behavioral difficulties,
their families, and communities, with the objective of improving the
lives of youth, their families, and communities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Education and the Secretary of Labor
$15,000,000 to make grants under this section. Amounts so appropriated
shall remain available until expended. | Coordinated Youth Education, Employment Training, and Residential Treatment Act of 2006 - Directs the Secretary of Education and the Secretary of Labor to make grants to Boys and Girls Home and Family Services, Inc., to establish programs and facilities for residential treatment, specialized education, and employment training and other appropriate levels of service to youth with serious mental, psychological, behavioral, and emotional problems. | {"src": "billsum_train", "title": "To authorize the Secretary of Education and the Secretary of Labor to make grants to advance treatment, education, and employment programs for youth with serious mental, psychological, behavioral, and emotional difficulties, so that they may obtain professional assistance necessary in order to be successful in their lives and contribute to the economy, and for other purposes."} | 1,551 | 80 | 0.571256 | 1.537852 | 0.902665 | 8.041096 | 21.123288 | 0.972603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Voting Standards and
Technology Act''.
SEC. 2. ESTABLISHMENT OF VOTING SYSTEMS STANDARDS PROGRAM.
(a) In General.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(1) in paragraph (21), by striking ``and'' at the end;
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
``(22) study automated voting systems used in the United
States, including voter registration, vote casting, and vote
counting; and''.
(b) Developing Voting Systems Standards.--The National Institute of
Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by
adding at the end the following new section:
``SEC. 32. VOTING SYSTEMS STANDARDS.
``(a) The Secretary, through the Director, shall--
``(1) have the mission of developing standard practices,
codes, specifications, and voluntary consensus standards needed
to assure the accuracy, integrity, and security of voting
systems used in the United States, including voter
registration, vote casting, and vote counting; and
``(2) establish a program with the National Voluntary
Laboratory Accreditation Program to accredit laboratories, in
accordance with regulations for procedures under such program,
to test vote casting and counting devices for conformance with
standard practices, codes, specifications, and voluntary
consensus standards developed under paragraph (1).
``(b) For purposes of subsection (a), the term `voting systems'
shall include--
``(1) every stage of the voting procedure beginning with
voter registration through any necessary recount of votes; and
``(2) systems used in connection with an election for the
office of President, Vice President, or a member of Congress.
``(c) For purposes of subsection (a), the Secretary is authorized
to cooperate with other departments and agencies of the Federal
Government, industry organizations, State and local governments, and
private organizations.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2002, 2003, 2004, and 2005 such sums as
may be necessary to carry out the purposes of this section.
SEC. 3. STUDY OF VOTING ISSUES.
(a) In General.--The Director of the National Institute of
Standards and Technology shall conduct a study of--
(1) the impact of income of a voter on effective
participation in the election process;
(2) the impact of minority status of a voter based on race,
gender, or ethnicity on effective participation in the election
process;
(3) the effect of the use of differing voting apparatus and
of substandard or malfunctioning voting machinery on effective
participation in, and the integrity of, the election process;
and
(4) any future and emerging technologies for use in
elections, such as Internet voting.
(b) Study of Income.--The study conducted under subsection (a)(1)
shall include the study of the impact of various factors on
participation in elections by low-income voters, including voter
registration requirements, educational status, type of voting apparatus
available, voting outreach efforts, and any other factors the Director
of the National Institute of Standards and Technology deems relevant.
(c) Coordination.--In conducting studies under this section, the
Director of the National Institute of Standards and Technology shall
cooperate and coordinate with appropriate Federal, State, and local
officials, including election officials and other interested groups and
individuals.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Director of the National Institute of Standards and
Technology shall report the results of the study conducted under this
section to Congress.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the studies and
report under this section.
SEC. 4. VOTING IMPROVEMENT GRANTS.
(a) Matching Grant To Improve Voting Methods.--
(1) Authority.--The Secretary of Commerce (referred to in
this section as the ``Secretary'') is authorized to make
matching grants to the State agency responsible for
administering elections in a State or the appropriate local
agency responsible for administering elections in a unit of
local government for the purpose of purchasing new or
rehabilitated voting equipment that improves the ability of the
public to cast a timely and accurate vote.
(2) Voting equipment.--Voting equipment purchased with the
proceeds of a grant under paragraph (1) shall meet the voting
systems performance standards developed by the National
Institute of Standards and Technology under section 32 of the
National Institute of Standards and Technology Act (as added by
section 2(b)).
(3) Application.--The Secretary shall publish a notice in
the Federal Register to notify State and local agencies
regarding the time and manner in which such State or local
agency may apply and to prescribe criteria for approval of a
State or local agency application.
(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications which propose
to use the funds to place voting equipment in election
precincts that are most in need of updating and improvement of
their voting system in order to meet voting system performance
standards described in paragraph (2), particularly in areas
experiencing the greatest need based on unemployment level,
income levels, financial need, or other indicators of economic
distress.
(5) Matching requirement.--
(A) In general.--The Secretary may not make a grant
to a State or local agency under this subsection unless
that agency agrees that, with respect to the costs to
be incurred by the agency in carrying out the purpose
for which the grant was awarded, the agency will make
available non-Federal contributions in an amount equal
to 50 percent of the Federal funds provided under the
grant.
(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) if the Secretary
determines a State or local agency displays extreme
need.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this subsection, including grant funds and
administration costs.
(b) Block Grant for Voter Education Campaigns.--
(1) Authority.--The Secretary is authorized to make grants
to the State agency responsible for administering elections in
a State for the purpose of implementing voter education
campaigns.
(2) Implementation.--Each State agency receiving funds
under paragraph (1) shall make such funds available to the
appropriate State and local election officials to carry out
voter education campaigns.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to make grants
under this subsection. | American Voting Standards and Technology Act - Amends the National Institute of Standards and Technology Act to direct the Secretary of Commerce to: (1) develop standard practices, codes, specifications, and voluntary consensus standards needed to assure the accuracy, integrity, and security of voting systems used in the United States; and (2) establish a program to accredit laboratories to test vote casting and counting devices for conformance with such standard practices, codes, specifications, and voluntary consensus standards.Authorizes the Secretary to make grants to the State agency responsible for administering elections in a State for the purpose of: (1) purchasing new or rehabilitated voting equipment that improves the ability of the public to cast a timely and accurate vote; and (2) implementing voter education campaigns. | {"src": "billsum_train", "title": "To develop voluntary consensus standards to ensure the accuracy and validation of the voting process, to direct the Director of the National Institute of Standards and Technology to study voter participation and emerging voting technology, to provide grants to States to improve voting methods, and for other purposes."} | 1,488 | 159 | 0.637398 | 1.698314 | 0.790359 | 6.123288 | 9.609589 | 0.972603 |
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