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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Tax Credit Act of
2018''.
SEC. 2. CREDIT FOR FLOOD INSURANCE 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. FLOOD INSURANCE EXPENSES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this subtitle for a taxpayer for a taxable
year an amount equal to the sum of--
``(1) the lesser of--
``(A) the Federal flood insurance expenses of the
taxpayer for the taxable year, and
``(B) $1,500, plus
``(2) the lesser of--
``(A) 50 percent of the private flood insurance
expenses of the taxpayer for the taxable year, and
``(B) $3,000, plus
``(3) the lesser of--
``(A) Federal contents coverage flood insurance
expenses of the taxpayer for the taxable year, and
``(B) $600.
``(b) Phaseout.--
``(1) Federal flood insurance expense.--The amount
determined under subsection (a)(1) for a taxpayer for a taxable
year shall be reduced (but not below zero) by--
``(A) in the case of a joint return, 1.5 percent of
so much of the taxpayer's income for such taxable year
as exceeds $100,000, and
``(B) in any other case, 3 percent of so much of
the taxpayer's income for such taxable year as exceeds
$50,000.
``(2) Private flood insurance expense.--The amount
determined under subsection (a)(2) for a taxpayer for a taxable
year shall be reduced (but not below zero) by--
``(A) in the case of a joint return, 3 percent of
so much of the taxpayer's income for such taxable year
as exceeds $100,000, and
``(B) in any other case, 6 percent of so much of
the taxpayer's income for such taxable year as exceeds
$50,000.
``(3) Federal contents coverage flood insurance expense.--
The amount determined under subsection (a)(3) for a taxpayer
for a taxable year shall be reduced (but not below zero) by--
``(A) in the case of a joint return, 0.6 percent of
so much of the taxpayer's income for such taxable year
as exceeds $100,000, and
``(B) in any other case, 1.2 percent of so much of
the taxpayer's income for such taxable year as exceeds
$50,000.
``(c) Definition.--For purposes of this section:
``(1) Federal flood insurance expense.--The term `Federal
flood insurance expense' means the excess of--
``(A) amounts paid or incurred as premiums for
flood insurance coverage made available under the
National Flood Insurance Act of 1968, over
``(B) Federal contents coverage flood insurance
expense.
``(2) Private flood insurance expense.--The term `private
flood insurance expense' means amounts paid or incurred as
premiums for flood insurance coverage other than flood
insurance coverage made available under the National Flood
Insurance Act of 1968, including such coverage for the contents
of a structure.
``(3) Federal contents coverage flood insurance expense.--
The term `Federal contents coverage flood insurance expense'
means amounts paid or incurred as premiums for flood insurance
coverage made available under the National Flood Insurance Act
of 1968 for contents of a structure.
``(d) Primary Residence.--Federal flood insurance expenses, private
flood insurance expenses, and Federal contents coverage flood insurance
expenses shall only be taken into account to the extent that such
expenses are paid or incurred for coverage related to the taxpayer's
principal residence.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any amount with respect to which a deduction is
allowed due to subsection (c) or (e) of section 280A.
``(f) Inflation Adjustment.--In the case of any taxable year
beginning in calendar years after 2019, each of the dollar amounts in
subsections (a) and (b) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `2018' for `2019' in
subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence is not a
multiple of $50, such amount shall be rounded to the next lowest
multiple of $50.''.
(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. Flood insurance expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018. | Flood Insurance Tax Credit Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit for flood insurance expenses. The credit applies to portions of a taxpayer's expenses for federal flood insurance, private flood insurance, and federal contents coverage flood insurance for a principal residence. The amount of the credit is subject to limitations based on the taxpayer's income and must be adjusted for inflation after 2019. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Members' Pension
Limitation Act of 1995''.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Limitation.--
(1) In general.--Section 8334(a) of title 5, United States
Code, is amended by adding at the end the following:
``(3) Deductions and withholdings from the pay of a Member may not
be made with respect to any pay period beginning--
``(A) after such Member has completed 5 years of civilian
service; or
``(B) in the case of a Member whose service (as of the
effective date of the Congressional Members' Pension Limitation
Act of 1995) exceeds the limitation set forth in subparagraph
(A), after such effective date.
Any contributions under the second sentence of paragraph (1) shall be
payable to the same extent and in the same manner as if this paragraph
had not been enacted.''.
(2) Technical and conforming amendments.--
(A) Deposits.--Section 8334(c) of title 5, United
States Code, is amended by adding at the end the
following: ``A deposit under this subsection may not be
made with respect to any service for which deductions
have not been made by reason of subsection (a)(3).''.
(B) Eligibility.--Subsection (c) of section 8333 of
title 5, United States Code, is repealed.
(b) Thrift Savings Plan.--Paragraph (2) of section 8351(b) of title
5, United States Code, is amended--
(1) by striking ``(2) An'' and inserting ``(2)(A) Except as
provided in subparagraph (B), an''; and
(2) by adding at the end the following:
``(B)(i) In the case of a Member--
``(I) as to whom deductions from pay may not be made by
reason of section 8332(a)(3), and who has 12 years of member
service or less, the level of individual or Government
contributions allowable shall be the percentage specified in
section 8432(a) or (c), as the case may be; or
``(II) who has more than 12 years of member service, the
level of individual contributions allowable shall be the
percentage specified in section 8432(a), but no Government
contribution under section 8432(c) shall be allowable.
``(ii) The Executive Director (appointed under section 8474(a))
shall prescribe such regulations as may be necessary to carry out this
subparagraph, including--
``(I) provisions under which a Member may elect to change
such Member's level of contributions to the Thrift Savings Fund
whenever any change is to take effect under clause (i) in the level of
individual or Government contributions allowable; and
``(II) provisions under which written notice shall be given
to a Member with respect to any such change, as well as any
election allowable under subclause (I) in connection
therewith.''.
SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) Limitation.--Section 8422(a) of title 5, United States Code, is
amended by adding at the end the following:
``(3)(A) Notwithstanding paragraph (2), deductions and withholdings
from the pay of a Member may not be made--
``(i) with respect to any pay period beginning--
``(I) after such Member has completed 5 years of
civilian service; or
``(II) in the case of a Member whose service (as of
the effective date of the Congressional Members'
Pension Limitation Act of 1995) exceeds the limitation
set forth in subclause (I), after such effective date;
or
``(ii) if that individual first becomes a Member on or
after the effective date of the Congressional Members' Pension
Limitation Act of 1995.
``(B) Any period of service for which deductions may not be made by
reason of subparagraph (A) shall be excluded from the total period of
service used in any computation under section 8415 or any other
provision of this chapter (as identified by the Office in regulations)
which relates to benefits based on the service of such Member.''.
(b) Thrift Savings Plan.--Section 8432(c) of title 5, United States
Code, is amended by adding at the end the following:
``(4)(A) Notwithstanding any other provision of this subsection, no
contribution under paragraph (1) or (2) may be made on behalf of any
Member who has more than 12 years of member service.
``(B) The Executive Director (appointed under section 8474(a))
shall prescribe such regulations as may be necessary to carry out this
paragraph, including--
``(i) provisions under which a Member may elect to change
such Member's level of contributions to the Thrift Savings Fund
whenever such Member's eligibility for Government contributions
is to terminate under subparagraph (A); and
``(ii) provisions under which written notice shall be given
to a Member with respect to any such termination of eligibility
for Government contributions, as well as any election allowable
under clause (i) in connection therewith.
``(C) For the purpose of this paragraph, the term `member service'
means service as a Member.''.
SEC. 4. MEMBERS UNDER FERS WHO WERE FORMERLY UNDER CSRS.
Section 302 of the Federal Employees' Retirement System Act of 1986
(5 U.S.C. 8331 note) is amended by adding at the end the following:
``(e)(1) In the case of a Member with respect to whom any benefits
would be computed under subsection (a)(3), for purposes of applying
sections 8422(a)(3) (relating to a limitation on the making of
deductions and withholdings from pay) and 8432(c)(4) (relating to
contributions to the Thrift Savings Plan) of title 5, United States
Code, any service which would be creditable for any purpose under
subsection (a)(1) shall be taken into account.
``(2) Regulations to carry out this subsection shall be
prescribed--
``(A) by the Office of Personnel Management, with respect
to such section 8422(a)(3); and
``(B) by the Executive Director (appointed under section
8474(a)), with respect to such section 8432(c)(4).''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect as
of the first day of the first Congress beginning after the date of the
enactment of this Act. | Congressional Members' Pension Limitation Act of 1995 - Amends Federal civil service retirement system (CSRS) provisions to prohibit deductions and withholdings from the pay of a Member of Congress with respect to any pay period beginning after: (1) such Member has completed five years of civilian service; or (2) the effective date of this Act in the case of a Member whose service exceeds five years.
Removes provisions regarding eligibility for annuities of Members of Congress under CSRS. Requires the level of individual and Government contributions under the Thrift Savings Plan (TSP) to be the percentage of pay specified under existing law (up to ten percent and one percent plus matching contributions, respectively) for Members from whom deductions from pay may not be made by reason of this Act and who have 12 or fewer years of service. Prohibits Government and matching contributions to the TSP for Members with more than 12 years of service.
Makes parallel amendments to provisions regarding the Federal Employees' Retirement System, including a prohibition on making deductions under such system from the pay of individuals who become Members on or after this Act's effective date. Excludes any period of service for which such deductions may not be made from the total period of service used in any computation of a basic annuity or other benefits based on service. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Living Centers Technical
Adjustment Act''.
SEC. 2. INDEPENDENT LIVING CENTERS TECHNICAL ADJUSTMENT.
(a) Grants to Centers for Independent Living in States in Which
Federal Funding Exceeds State Funding.--
(1) In general.--If the conditions described in paragraph (2)
are satisfied with respect to a State, in awarding funds to
existing centers for independent living (described in section
722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-1(c))) in
the State, the Commissioner of the Rehabilitation Services
Administration--
(A) in fiscal year 2010--
(i) shall distribute among such centers funds
appropriated for the centers for independent living program
under part C of title VII of the Rehabilitation Act of 1973
(29 U.S.C. 796f et seq.) by any Act other than the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) in
the same proportion as such funds were distributed among
such centers in the State in fiscal year 2009,
notwithstanding section 722(e) of the Rehabilitation Act of
1973 (29 U.S.C. 796f-1(e)) and any contrary provision of a
State plan submitted under section 704 of such Act (29
U.S.C. 796c); and
(ii) shall disregard any funds provided to such centers
from funds appropriated by the American Recovery and
Reinvestment Act of 2009 for the centers for independent
living program under part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and
(B) in fiscal year 2011 and subsequent fiscal years, shall
disregard any funds provided to such centers from funds
appropriated by the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) for the centers for independent living
program under part C of title VII of the Rehabilitation Act of
1973 (29 U.S.C. 796f et seq.).
(2) Conditions.--The conditions described in this paragraph are
the following:
(A) The Commissioner receives a request from the State, not
later than August 5, 2010, jointly signed by the State's
designated State unit (referred to in section 704(c) of such
Act (29 U.S.C. 796c(c))) and the State's Statewide Independent
Living Council (established under section 705 of such Act (29
U.S.C. 796d)), for the Commissioner to disregard any funds
provided to centers for independent living in the State from
funds appropriated by the American Recovery and Reinvestment
Act of 2009 for the centers for independent living program
under part C of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.).
(B) The Commissioner is not conducting a competition to
establish a new part C center for independent living with funds
appropriated by the American Recovery and Reinvestment Act of
2009 in the State.
(b) Grants to Centers for Independent Living in States in Which
State Funding Equals or Exceeds Federal Funding.--In awarding funds to
existing centers for independent living (described in section 723(c) of
the Rehabilitation Act of 1973 (29 U.S.C. 796f-2(c))) in a State, the
director of the designated State unit that has approval to make such
awards--
(1) in fiscal year 2010--
(A) may distribute among such centers funds appropriated
for the centers for independent living program under part C of
title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.) by any Act other than the American Recovery and
Reinvestment Act of 2009 in the same proportion as such funds
were distributed among such centers in the State in fiscal year
2009, notwithstanding section 723(e) of the Rehabilitation Act
of 1973 (29 U.S.C. 796f-2(e)) and any contrary provision of a
State plan submitted under section 704 of such Act (29 U.S.C.
796c); and
(B) may disregard any funds provided to such centers from
funds appropriated by the American Recovery and Reinvestment
Act of 2009 for the centers for independent living program
under part C of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.); and
(2) in fiscal year 2011 and subsequent fiscal years, may
disregard any funds provided to such centers from funds
appropriated by the American Recovery and Reinvestment Act of 2009
for the centers for independent living program under part C of
title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Independent Living Centers Technical Adjustment Act - Directs the Commissioner of the Rehabilitation Services Administration of the Department of Education, in awarding funds in a state during FY2010 to existing centers for independent living for people with disabilities under the Rehabilitation Act of 1973, if certain conditions are satisfied, to distribute such funds among such centers according to a proportional allocation, disregarding any funds previously distributed from appropriations by the American Recovery and Reinvestment Act of 2009 (ARRA).
Sets as such conditions that: (1) the Commissioner receives from the state, by August 5, 2010, a request to disregard ARRA funds, jointly signed by the designated state unit that receives and disburses funds to such centers and the state's Statewide Independent Living Council; and (2) the Commissioner is not conducting a competition to establish a new center for independent living in the state with ARRA funds.
Requires the distribution of funds among such centers in a state for FY2010 (except under ARRA) to be in the same proportion as the regular funds appropriated for FY2009 for such centers, disregarding any ARRA funds.
Requires continued disregard of ARRA funds in the allocation of funds for such centers in FY2011 and subsequent fiscal years.
Authorizes the director of the designated state unit with approval to award funds to existing centers for independent living in the state to: (1) distribute non-ARRA funds among such centers during FY2010 in the same proportion as such funds were distributed in FY2009, disregarding ARRA funds; and (2) continue disregarding ARRA funds in distributions for FY2011 and subsequent fiscal years. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Kingpins Bankruptcy Act of
1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) It should be the policy of the United States to impose
economic and financial sanctions on foreign international
narcotics traffickers and their organizations.
(2) Presidential Decision Directive 42, issued on October
21, 1995, ordered agencies of the executive branch of the
United States Government to, inter alia, increase the priority
and resources devoted to the direct and immediate threat
international crime presents to national security, work more
closely with other governments to develop a global response to
this threat, and use aggressively and creatively all legal
means available to combat international crime.
(3) Executive Order No. 12978 of October 21, 1995,
exercised the authorities of the International Emergency
Economic Powers Act (IEEPA) to effectively target and sanction
four ``Specifically Designated Narcotics Traffickers'' and
their organizations which operate from Colombia.
(4) Similar sanctions should be applied to additional
international foreign narcotics traffickers operating
worldwide.
SEC. 3. PURPOSE.
The purpose of this Act is to provide for the use of authorities in
the International Emergency Economic Powers Act to sanction additional
specially designated narcotics traffickers operating worldwide.
SEC. 4. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS
TRAFFICKERS.
(a) Preparation of List of Names.--Not later than January 1, 2000,
and not later than January 1 of each year thereafter, the Secretary of
the Treasury, in consultation with the Attorney General, Director of
Central Intelligence, Secretary of Defense, and Secretary of State,
shall submit to the Director of National Drug Control Policy a list of
those individuals who play a significant role in international
narcotics trafficking as of the date the list is submitted.
(b) Review by Director of National Drug Control Policy.--Not later
than February 1, 2000, and not later than February 1 of each year
thereafter, the Director of National Drug Control Policy shall transmit
to the President the list submitted that year to the Director under
subsection (a) to the President, together with his recommendations for
the inclusion in, or exclusion from, the list of specific individuals.
(c) Exclusion of Certain Persons From List.--Notwithstanding any
other provision of this section, neither the list described in
subsections (a) and (b) nor the accompanying recommendations of the
Director of National Drug Control Policy under subsection (b) shall
include the name of any individual if the Director of Central
Intelligence determines that the disclosure of that person's role in
international narcotics trafficking could compromise United States
intelligence sources or methods. The Director of Central Intelligence
shall advise the President when a determination is made to withhold an
individual's identity under this subsection.
(d) Designation of Individuals as Threats to the United States.--
The President shall determine not later than March 1 of each year
whether or not to designate persons on the list transmitted to the
President that year as persons constituting an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States. The President shall notify the Secretary
of the Treasury of any person designated under this subsection. If the
President determines not to designate any person on such list as such a
threat, the President shall submit a report to Congress setting forth
the reasons therefor.
(e) Changes in Designations of Individuals.--
(1) Additional individuals designated.--If at any time
after March 1 of a year, but prior to January 1 of the
following year, the President determines that a person is
playing a significant role in international narcotics
trafficking and has not been designated under subsection (d) as
a person constituting an unusual and extraordinary threat to
the national security, foreign policy, and economy of the
United States, the President may so designate the person. The
President shall notify the Secretary of the Treasury of any
person designated under this paragraph.
(2) Removal of designations of individuals.--Whenever the
President determines that a person designated under subsection
(d) or paragraph (1) of this subsection no longer poses an
unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the person
shall no longer be considered as designated under that
subsection.
(f) References.--Any person designated under subsection (d) or (e)
may be referred to in this Act as a ``specially designated narcotics
trafficker''.
SEC. 5. BLOCKING ASSETS.
(a) Finding.--Congress finds that a national emergency exists with
respect to any individual who is a specially designated narcotics
trafficker.
(b) Blocking of Assets.--Except to the extent provided in section
203(b) of the International Emergency Economic Powers Act (50 U.S.C.
1702(b)) and in regulations, orders, directives, or licenses that may
be issued pursuant to this Act, and notwithstanding any contract
entered into or any license or permit granted prior to the date of
designation of a person as a specially designated narcotics trafficker,
there are hereby blocked all property and interests in property that
are, or after that date, come within the United States, or that are, or
after that date come, within the possession or control of any United
States person, of--
(1) any specially designated narcotics trafficker;
(2) any person who materially assists in, provides
financial or technological support for, or provides goods or
services in support of, the narcotics trafficking activities of
a specially designated narcotics trafficker; and
(3) any person determined by the Secretary of the Treasury,
in consultation with the Attorney General, Director of Central
Intelligence, Secretary of Defense, and Secretary of State, to
be owned or controlled by, or to act for or on behalf of, a
specially designated narcotics trafficker.
(c) Prohibited Acts.--Except to the extent provided in section
203(b) of the International Emergency Economic Powers Act or in any
regulation, order, directive, or license that may be issued pursuant to
this Act, and notwithstanding any contract entered into or any license
or permit granted prior to the date of designation of a person as a
specially designated narcotics trafficker, the following acts are
prohibited:
(1) Any transaction or dealing by a United States person,
or within the United States, in property or interests in
property of any specially designated narcotics trafficker.
(2) Any transaction or dealing by a United States person,
or within the United States, that evades or avoids, has the
purpose of evading or avoiding, or attempts to violate,
subsection (b).
(d) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section is intended to prohibit or otherwise limit the
authorized law enforcement or intelligence activities of the United
States, or the law enforcement activities of any State or subdivision
thereof.
(e) Implementation.--The Secretary of the Treasury, in consultation
with the Attorney General, Director of Central Intelligence, Secretary
of Defense, and Secretary of State, is authorized to take such actions,
including the promulgation of rules and regulations, and to employ all
powers granted to the President by the International Emergency Economic
Powers Act as may be necessary to carry out this section. The Secretary
of the Treasury may redelegate any of these functions to any other
officer or agency of the United States Government. Each agency of the
United States shall take all appropriate measures within its authority
to carry out this section.
(f) Enforcement.--Violations of licenses, orders, or regulations
under this Act shall be subject to the same civil or criminal penalties
as are provided by section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and
regulations under that Act.
(g) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, corporation, or other organization, group, or
subgroup.
(2) Narcotics trafficking.--The term ``narcotics
trafficking'' means any activity undertaken illicitly to
cultivate, produce, manufacture, distribute, sell, finance, or
transport, or otherwise assist, abet, conspire, or collude with
others in illicit activities relating to, narcotic drugs,
including, but not limited to, heroin, methamphetamine and
cocaine.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means any United States citizen or national, permanent
resident alien, entity organized under the laws of the United
States (including foreign branches), or any person in the
United States.
SEC. 6. INITIAL LISTING OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS.
(a) Initial Designation.--For the purposes of this Act, and without
regard to sections 4 and 5, the President shall, not later than 30 days
after the date of the enactment of this Act, designate as specially
designated narcotics traffickers for purposes of this Act those persons
listed in subsection (b) who have been indicted in the United States on
narcotics trafficking charges, and whose extradition has been requested
by, or for whom a provisional arrest warrant has been issued by, United
States Government officials.
(b) List.--The persons referred to in subsection (a) are the
following:
(1) Wei Hsueh-Kang, also known as Prasit Chiwinitparya, and
Charchai Chiwinnitipanya, born on June 29, 1952, a resident of
Myanmar.
(2) Khun Sa, also known as Chang Chi-Fu, born on February
17, 1933, a resident of Myanmar.
(3) Jose de Jesus Amezcua-Contreras, a citizen of Mexico,
born on July 31, 1963.
(4) Luis Ignacio Amezcua-Contreras, a citizen of Mexico,
born on February 22, 1964.
(5) Ramon Arellano-Felix, a citizen of Mexico, born on
August 31, 1964.
(6) Rafael Caro-Quintero, a citizen of Mexico, born on
October 24, 1952.
(7) Vicente Carrillo-Fuentes, a citizen of Mexico, born on
October 16, 1962.
(8) Oscar Malherbe De Leon, a citizen of Mexico, born on
January 10, 1964.
(9) Arturo Paez-Martinez, a citizen of Mexico, born on
August 31, 1967.
(10) Charles Miller, also known as Eustace O'Connor, a
citizen of St. Kitts, born on March 29, 1960.
(11) Lorquet Saint-Hilaire, a citizen of Haiti, born on
March 23, 1969.
(12) Jhon Raul Castro, a citizen of Colombia, born on
September 5, 1963.
SEC. 7. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY DESIGNATED
NARCOTICS TRAFFICKERS.
(a) Prohibition.--The Secretary of State shall deny a visa to, and
the Attorney General may not admit to the United States--
(1) any specially designated narcotics trafficker; or
(2) any alien who the consular officer or the Attorney
General knows or has reason to believe--
(A) is a spouse or minor child of a specially
designated narcotics trafficker; or
(B) is a person described in paragraph (2) or (3)
of section 5(b).
(b) Exceptions.--Subsection (a) shall not apply--
(1) where the Secretary of State finds, on a case-by-case
basis, that the entry into the United States of the person is
necessary for medical reasons;
(2) upon the request of the Attorney General, Director of
Central Intelligence, Secretary of the Treasury, or the
Secretary of Defense; or
(3) for purposes of the prosecution of a specially
designated narcotics trafficker. | Declares that Congress finds that a national emergency exists with respect to any individual who is designated a narcotics trafficker.
Provides for the blocking (freeze) of assets that come within the possession or control of the United States, and are assets of: (1) any designated narcotics trafficker; (2) any person who materially assists in the narcotics trafficking activities of a designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury to be owned or controlled by, or to act for or on behalf of, a designated narcotics trafficker.
Sets forth specified prohibited acts, including any transaction or dealing by a U.S. person (or within the United States): (1) in property or interests in property of a designated narcotics trafficker; and (2) that evades or attempts to violate the requirements of this Act. Authorizes the Secretary of the Treasury to take such actions (including the promulgation of rules and regulations) and to employ all powers granted to the President by the International Emergency Economic Powers Act to carry out this Act.
Directs the President to designate as specially designated narcotic traffickers certain named persons who have been indicted in the United States on narcotics trafficking charges and whose extradition has been requested by U.S. Government officials.
Directs the Secretary of State to deny a visa to, and the Attorney General not to admit to the United States, any: (1) designated narcotics trafficker; or (2) alien who the consular officer or the Attorney General knows or has reason to believe is a spouse or minor child of such trafficker, or is a person who materially assists, or is owned or controlled by, a designated narcotics trafficker. Sets forth specified exceptions. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``ICCVAM Authorization Act of 1998''.
SEC. 2. INTERAGENCY COORDINATING COMMITTEE ON THE VALIDATION OF
ALTERNATIVE METHODS.
(a) In General.--The Interagency Coordinating Committee on the
Validation of Alternative Methods (referred to in this Act as
``ICCVAM'') shall be sustained as a permanent standing committee and
continued to be administered by the National Institute of Environmental
Health Sciences. The purposes of ICCVAM shall be to--
(1) increase the efficiency and effectiveness of Federal
agency test method review;
(2) eliminate duplicative efforts and share experiences
across Federal regulatory agencies;
(3) optimize utilization of scientific expertise outside
the Federal Government;
(4) ensure that new test methods meet the needs of Federal
agencies; and
(5) reduce, refine, and replace the use of animals in
testing.
(b) Composition.--ICCVAM shall be comprised of a representative
from each of the following agencies and organizations:
(1) Agency for Toxic Substances and Disease Registry.
(2) Consumer Product Safety Commission.
(3) Department of Agriculture.
(4) Department of Defense.
(5) Department of Energy.
(6) Department of the Interior.
(7) Department of Transportation.
(8) Environmental Protection Agency.
(9) Food and Drug Administration.
(10) National Institute for Occupational Safety and Health.
(11) National Institutes of Health.
(12) National Cancer Institute.
(13) National Institute of Environmental Health Sciences.
(14) National Library of Medicine.
(15) Occupational Safety and Health Administration.
(16) Any other agency that develops, employs, or regulates
the use of animals in toxicity testing.
(c) Scientific Advisory Committee.--
(1) Establishment.--In addition, the National Institute of
Environmental Health Sciences shall establish a Scientific
Advisory Committee to assist ICCVAM and the National Institute
of Environmental Health Sciences. The Committee shall be
composed of at least one knowledgeable representative having a
history of expertise, development, or evaluation in
alternatives to animal toxicological tests, from each of the
following interests:
(A) The personal care, pharmaceutical, industrial
chemicals, agriculture, and any other regulated
industry.
(B) A national animal protection organization
established under section 501(c)(3) of the Internal
Revenue Code of 1986.
(2) Membership.-- The National Institute of Environmental
Health Sciences shall also invite to be members of the
Scientific Advisory Committee representatives from other
stakeholder organizations such as:
(A) An academic institution.
(B) A State government agency.
(C) An international regulatory body.
(D) A corporation developing or marketing
alternative test methodologies including contract
laboratories.
(d) Duties.--ICCVAM shall carry out the following duties consistent
with the protection of public health and the environment and for the
purpose of reducing, refining, and replacing the use of animals in
acute and chronic toxicological tests:
(1) Review and evaluate existing and new alternative
methods, including batteries of tests and test screens, which
may be acceptable for specific regulatory uses, including the
coordination of technical reviews of proposed new or revised
test methods of interagency interest.
(2) Facilitate interagency and international harmonization
of acute chronic toxicological test protocols that encourage
the reduction, refinement, or replacement of animal tests.
(3) Facilitate, promote, and provide guidance on
development of validation criteria and processes for new
methods and help promote the acceptance of such methods and
awareness of accepted methods by Federal agencies and other
stakeholders.
(4) File formal recommendations with each appropriate
Federal agency identifying specific agency guidelines,
recommendations, or regulations for each new test, battery of
tests, test screen, or end point reviewed by ICCVAM that may be
appropriate for the reduction, refinement, or replacement of an
animal test required or recommended by that Federal agency for
compliance with that agency's specific statutes, regulations,
or guidelines. Tests may be recommended for a certain class of
chemicals within that regulatory framework.
(5) Consider for review and evaluation, petitions received
from the public which identify a specific regulation,
recommendation, or guideline, and which recommend alternatives
and provide scientific evidence of the acceptability of the
alternatives for the purpose of carrying out the regulatory
mandate in question.
(6) Make final recommendations to agencies and responses
from agencies available to the public.
(7) Make an annual report to be made available to the
public on its progress to promote the regulatory acceptance of
new and revised toxicological tests.
SEC. 3. APPLICATION.
This Act shall not apply to regulations, guidelines, or
recommendations related to medical research. The term ``medical
research'' means research, including research performed using
biotechnology, related to the causes, diagnosis, treatment, or control
of physical or mental impairments of humans or animals. The term does
not include the testing of a product to determine its toxicity for the
purpose of complying with protocols, recommendations, or guidelines for
testing required, recommended, or accepted by a Federal regulatory
agency for a product introduced in commerce.
SEC. 4. FEDERAL AGENCY ACTION.
(a) Identification of Tests.--Within 180 days after the date of
enactment of this Act, each Federal agency authorized to carry out a
regulatory program which requires or recommends acute or chronic
toxicological testing shall identify any regulation or industry-wide
guideline which specifically, or in practice requires, recommends, or
encourages the use of an animal acute or chronic toxicological test and
shall forward to ICCVAM a list of these regulations, guidelines, and
recommendations along with the test or tests recommended or required.
(b) Alternatives.--Each Federal agency shall promote and encourage
the development and use of alternatives to animal tests, including
batteries of tests and test screens, where appropriate, for the purpose
of complying with Federal regulations, guidelines, or recommendations,
in each instance, and for each chemical class, for which such tests are
found to be effective for generating data at least equivalent for
hazard identification or dose-response assessment purposes to the
method established under the current regulatory scheme.
(c) Test Validation.--Each Federal agency shall ensure that any new
acute or chronic toxicity test, including animal tests and
alternatives, is determined to be valid for its proposed use prior to
requiring, recommending, or encouraging its application.
(d) Reviews.--Each Federal agency shall review any formal
recommendations from ICCVAM to promulgate new regulations or draft new
guidelines or recommendations to promote the ICCVAM recommendations and
notify ICCVAM in writing of its findings within 180 days of receipt of
the recommendations.
(e) Recommendation Adoption.--Each Federal agency shall adopt the
ICCVAM recommendations unless it determines that--
(1) the alternative is not adequate in terms of biological
relevance for the regulatory goal authorized by the agency;
(2) the alternative does not generate data at least
equivalent for the appropriate hazard identification or dose-
response assessment purpose as the method recommended by the
agency;
(3) the agency does not employ, recommend, or require
testing for that class of chemical or for the recommended end
point; or
(4) each government agency retains fully the prerogative of
deciding whether the new test method is acceptable for
satisfactorily fulfilling the test needs for their particular
agency and its respective congressional mandate. | ICCVAM Authorization Act of 1998 - States that the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) shall be sustained as a permanent standing committee administered by the National Institute of Environmental Health Sciences.
Sets forth ICCVAM objectives, including: (1) increasing the efficiency of Federal test method review; and (2) reducing animal testing.
Directs the Institute to establish a Scientific Advisory Committee.
Requires each Federal agency to: (1) identify and forward to ICCVAM those guidelines or regulations it follows requiring or recommending animal testing; (2) promote valid alternatives to animal testing; and (3) adopt ICCVAM recommendations unless such recommendations are inadequate or unsatisfactory. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service Members' Enhanced Transition
Services Act of 2005''.
SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AFFAIRS OF MEDICAL
RECORDS OF ALL MEMBERS SEPARATING FROM ACTIVE DUTY.
Chapter 58 of title 10, United States Code, is amended--
(1) by inserting before subsection (c) of section 1142 the
following:
``Sec. 1142a. Members separating from active duty: transmittal of
medical records to Department of Veterans Affairs'';
and
(2) in section 1142a, as designated by paragraph (1)--
(A) by striking ``(c) Transmittal of Medical
Information to Department of Veterans Affairs.--'';
(B) by striking ``a member being medically
separated or being retired under chapter 61 of this
title'' and inserting ``each member of the armed forces
being discharged, released from active duty, or
retired''; and
(C) by inserting ``of the member'' before the
period at the end.
SEC. 3. PRESEPARATION COUNSELING AND TRANSITION SERVICES.
(a) Individualized Services, etc.--Subsection (a) of section 1142
of title 10, United States Code, is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``shall (except as provided in
paragraph (4)) provide for individual preseparation
counseling of'' and inserting ``shall (except as
provided in paragraph (7)) provide preseparation
counseling and additional individualized transition
services to''; and
(B) by inserting ``under conditions other than
dishonorable'' after ``active duty'';
(2) by redesignating paragraph (4) as paragraph (7); and
(3) by inserting after paragraph (3) the following new
paragraphs:
``(4) For members of the reserve components being separated from
service on active duty for a period of more than 30 days, the Secretary
concerned shall require that preseparation counseling and services
under this section be provided to all such members before the members
are separated.
``(5) In carrying out this section, the Secretary concerned shall
ensure that such counseling and services are provided to officers as
well as enlisted members.
``(6) The Secretary concerned shall ensure that commanders of
members who are required to be provided preseparation counseling and
services under this section authorize the members to be provided such
counseling and services during duty time.''.
(b) Additional Information to Be Provided.--Subsection (b) of such
section is amended--
(1) by striking ``Counseling.--Counseling under'' and
inserting ``Counseling and Additional Individualized
Transitional Services.--Counseling and additional
individualized transitional services under'';
(2) by striking ``(4) Information concerning Government''
and inserting the following:
``(4) Provision of information concerning civilian
occupations and related assistance programs, including
information about--
``(A) certification and licensure requirements that
are applicable to civilian occupations;
``(B) civilian occupations that correspond to
military occupational specialties; and
``(C) Government''; and
(3) by adding at the end the following new paragraphs:
``(11) Information concerning the priority of service for
veterans in the receipt of employment, training, and placement
services provided under qualified job training programs of the
Department of Labor.
``(12) Information concerning veterans small business
ownership and entrepreneurship programs of the Small Business
Administration and the National Veterans Business Development
Corporation.
``(13) Information concerning employment and reemployment
rights and obligations under chapter 43 of title 38.
``(14) Information concerning veterans preference in
Federal employment and Federal procurement opportunities.
``(15) Information concerning homelessness, including risk
factors, awareness assessment, and contact information for
preventative assistance associated with homelessness.
``(16) Contact information for housing counseling and
assistance.
``(17) A description (to be developed with the assistance
of the Secretary of Veterans Affairs) of the health care and
other benefits to which the member may be entitled under the
laws administered by the Secretary of Veterans Affairs.
``(18) In the case of a member who, as determined pursuant
to the preseparation physical examination conducted under
section 1145(d) of this title, may be eligible for compensation
or pension benefits under the laws administered by the
Secretary of Veterans Affairs, a referral (to be provided with
the assistance of the Secretary of Veterans Affairs) for a
medical examination by the Secretary of Veterans Affairs
referred to as a compensation and pension examination.''.
(c) Additional Provisions.--Such section is further amended by
adding at the end the following new subsections:
``(c) Content Relevant to Regular and Reserve Component Members.--
The Secretary concerned shall ensure that preseparation counseling and
services under this section include material that is specifically
relevant to the needs of members being separated from active duty from
a regular component, the needs of members of the reserve components
being separated from active duty, and the needs of members of the
National Guard being separated from full-time National Guard duty.
``(d) Locations for Services to Be Provided.--The Secretary
concerned shall ensure that the locations at which preseparation
counseling and services are provided under this section include the
following:
``(1) Each military installation under the jurisdiction of
the Secretary.
``(2) Each armory and military family support center of the
National Guard.
``(3) Each inpatient medical care facility of the uniformed
services.
``(4) In the case of a member on the temporary disability
retired list under section 1202 or 1205 of this title who is
being retired under another provision of this title or is being
discharged, a location reasonably convenient to the member.
Counselors for the provision of preseparation counseling and services
may be made available on a appointment basis and need not be stationed
at the facilities specified in paragraphs (1) through (4) permanently.
``(e) Consistency of Materials.--The Secretary concerned shall
ensure that the scope and content of the materials presented as part of
preseparation counseling and services at each location under this
section are consistent with the scope and content of the materials
presented as part of the preseparation counseling and services at the
other locations under this section.
``(f) Post-Separation Follow-Up for Reserve Component Members.--The
Secretary concerned shall ensure that follow-up counseling is provided
for each member of a reserve component separated from active duty not
later than 180 days after such separation.
``(g) Updated Content of Materials and Activities.--The Secretary
concerned shall, on a continuing basis, update the content of the
materials used by the National Veterans Training Institute and other
activities of the Secretary that provide direct training support to
personnel who provide preseparation counseling and other services under
this section.
``(h) National Guard Members on Duty in State Status.--Members of
the National Guard being separated from duty to which ordered under
section 502(f) of title 32 shall be provided preseparation counseling
and services under this section to the same extent that members of a
reserve component being discharged or released from active duty are
provided preseparation counseling and services under this section.
``(i) Minimum Required Individualized Services.--(1) In carrying
out this section, the Secretary concerned ensure that at least eight
hours of individualized transition services are provided, in addition
to preseparation counseling and group workshops, for each member
provided counseling and services under this section.
``(2) In order to ensure that the requirements of paragraph (1) are
met, the Secretary concerned shall ensure, for each fiscal year, that
there is allocated, from the appropriate operation and maintenance or
military personnel accounts, such amounts as necessary to provide for
the individualized transition services required under that paragraph
for each member expected to receive such services during the fiscal
year.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 1142 of such
title is amended to read as follows:
``Sec. 1142. Members separating from active duty: preseparation
counseling and transition services''.
(2) Table of sections.--The table of sections at the
beginning of chapter 58 of such title is amended by striking
the item relating to section 1142 and inserting the following
new items:
``1142. Members separating from active duty: preseparation counseling
and transition services.
``1142a. Members separating from active duty: transmittal of medical
records to Department of Veterans
Affairs.''.
SEC. 4. DEPARTMENT OF LABOR TRANSITIONAL ASSISTANCE PROGRAM.
(a) Additional Elements of Program.--Subsection (b) of section 1144
of title 10, United States Code, is amended by adding at the end the
following new paragraphs:
``(9) Provide information concerning the priority of
service for veterans in the receipt of employment, training,
and placement services provided under qualified job training
programs of the Department of Labor.
``(10) Provide information concerning veterans small
business ownership and entrepreneurship programs of the Small
Business Administration and the National Veterans Business
Development Corporation.
``(11) Provide information concerning employment and
reemployment rights and obligations under chapter 43 of title
38.
``(12) Provide information concerning veterans preference
in Federal employment and Federal procurement opportunities.
``(13) Provide information concerning homelessness,
including risk factors, awareness assessment, and contact
information for preventative assistance associated with
homelessness.
``(14) Provide contact information for housing counseling
and assistance.
``(15) A description (to be developed with the assistance
of the Secretary of Veterans Affairs) of the health care and
other benefits to which the member may be entitled under the
laws administered by the Secretary of Veterans Affairs.
``(16) In the case of a member who, as determined pursuant
to the preseparation physical examination conducted under
section 1145(d) of this title, may be eligible for compensation
or pension benefits under the laws administered by the
Secretary of Veterans Affairs, a referral (to be provided with
the assistance of the Secretary of Veterans Affairs) for a
compensation and pension examination by the Secretary of
Veterans Affairs.''.
(b) Required Participation for Certain Members.--Subsection (c) of
such section is amended to read as follows:
``(c) Participation.--(1) Subject to paragraph (2), the Secretary
of Defense and the Secretary of Homeland Security shall require
participation by members of the armed forces eligible for assistance
under the program carried out under this section.
``(2) The Secretary of Defense and the Secretary of Homeland
Security need not require, but shall encourage and otherwise promote,
participation in the program by the following members described in
paragraph (1):
``(A) A member who has previously participated in the
program.
``(B) A member who, upon discharge or release from active
duty, is returning to--
``(i) a position of employment; or
``(ii) pursuit of an academic degree or other
educational or occupational training objective that the
member was pursuing when called or ordered to such
active duty.
``(3) Members of the armed forces eligible for assistance under
this section include members of the reserve components being separated
from service on active duty for a period of more than 30 days and
members of the National Guard being separated from full-time National
Guard duty.
``(4) The Secretary concerned shall ensure that commanders of
members who are required to be provided assistance under this section
authorize the members to be provided such assistance during duty
time.''.
(c) Required Updating of Materials.--Such section is further
amended by adding at the end the following new subsection:
``(e) Updating of Materials.--The Secretary shall, on a continuing
basis, update the content of the materials used by the National
Veterans Training Institute of the Department of Labor and the
Secretary's other materials that provide direct training support to
personnel who carry out the program established in this section.''.
(d) Cross-Reference Amendment.--Subsection (a)(1) of such section
is amended by striking ``paragraph (4)(A)'' in the second sentence and
inserting ``paragraph (7)(A)''. | Service Members' Enhanced Transition Services Act of 2005 - Requires the Secretary concerned to transmit to the Secretary of Veterans Affairs the service medical records of each Armed Forces member who is entitled to preseparation counseling and other services.
Directs the Secretary concerned to: (1) require preseparation counseling for members (including officers) of reserve components being separated from service on active duty for more than 30 days; and (2) ensure that commanders authorize such members to obtain counseling during duty time.
Requires preseparation counseling on: (1) certification and licensure requirements for civilian occupations; (2) civilian occupations that correspond to military occupational specialties; and (3) Government employment.
Enlarges the scope of counseling topics.
Extends preseparation counseling to members of the National Guard being separated from long-term duty.
States that counseling locations shall include: (1) military installations; (2) armories and military family support centers of the National Guard; (3) Armed Forces inpatient medical care facilities; and (4) locations reasonably convenient for members on the temporary disability retired list.
Directs the Secretaries of Defense and Homeland Security to require participation in the Department of Labor transitional services program unless members previously participated in the program or are returning to previously held employment or educational pursuits.
Enlarges the scope of the Department of Labor transitional services program.
Makes members of the reserve components being separated from service on active duty for a period of more than 30 days and members of the National Guard being separated from full-time National Guard duty eligible for such program. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Annual Mammogram and Prostate Cancer
Screening Coverage Act of 1998''.
SEC. 2. COVERAGE OF ANNUAL MAMMOGRAMS AND ANNUAL PROSTATE CANCER
SCREENING TESTS
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND
ANNUAL PROSTATE CANCER SCREENING TESTS.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for--
``(A) annual screening mammograms for female
participants and beneficiaries who are 40 years of age
or older; and
``(B) annual prostate cancer screening testing for
male participants and beneficiaries who are 50 years of
age or older.
``(2) Regulations.--The Secretary shall promulgate
regulations to carry out this section. In promulgating such
regulations, the Secretary shall provide that the coverage
required under paragraph (1) shall be comparable to the
coverage of similar benefits under the medicare program under
part B of title XVIII of the Social Security Act.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to individuals
to encourage such individuals to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section; or
``(4) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
an individual who is a participant or beneficiary to undergo a
screening mammogram or prostate cancer screening test.
``(2) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits described in subsection (a) consistent with such
subsection, except that such coinsurance or other cost-sharing
shall not discriminate on any basis related to the coverage
required under this section.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 713. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND
ANNUAL PROSTATE CANCER SCREENING TESTS.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for--
``(A) annual screening mammograms for participants
and beneficiaries who are 40 years of age or older; and
``(B) annual prostate cancer screening testing for
male participants and beneficiaries who are 50 years of
age or older.
``(2) Regulations.--The Secretary shall promulgate
regulations to carry out this section. In promulgating such
regulations, the Secretary shall provide that the coverage
required under paragraph (1) shall be comparable to the
coverage of similar benefits under the medicare program under
part B of title XVIII of the Social Security Act.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to individuals
to encourage such individuals to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section; or
``(4) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
an individual who is a participant or beneficiary to undergo a
screening mammogram or prostate cancer screening test.
``(2) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation to
benefits described in subsection (a) consistent with such
subsection, except that such coinsurance or other cost-sharing
shall not discriminate on any basis related to the coverage
required under this section.
``(d) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.
``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standards relating to benefits for annual mammograms and
annual prostate cancer screening tests.''.
(3) Internal revenue code amendments.--Subchapter B of
chapter 100 of the Internal Revenue Code of 1986 (as amended by
section 1531(a) of the Taxpayer Relief Act of 1997) is
amended--
(A) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Standards relating to
benefits for annual mammograms
and annual prostate cancer
screening tests.''; and
(B) by inserting after section 9812 the following:
``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND
ANNUAL PROSTATE CANCER SCREENING TESTS.
``A group health plan shall comply with the requirements of section
713(a) of the Employee Retirement Income Security Act of 1974.''
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2751
the following new section:
``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR ANNUAL MAMMOGRAMS AND
ANNUAL PROSTATE CANCER SCREENING TESTS.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(c) Effective Dates.--(1) Subject to paragraph (3), the amendments
made by subsection (a) shall apply with respect to group health plans
for plan years beginning on or after January 1, 1999.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(3) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan years
beginning before the later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(B) January 1, 1999.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''. | Annual Mammogram and Prostate Cancer Screening Coverage Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, to provide coverage for annual screening mammograms for participants and beneficiaries 40 years old and older and annual prostate cancer screening testing for male participants and beneficiaries 50 years old and older. Prohibits related eligibility discrimination, monetary incentives to individuals, and penalties or incentives to providers.
Amends the Internal Revenue Code to require a group health plan to provide coverage for annual screening mammograms for participants and beneficiaries 40 years old and older and annual prostate cancer screening testing for male participants and beneficiaries 50 years old and older.
Amends the Public Health Service Act to apply the requirements of this Act to coverage offered in the individual market.
Amends the Health Insurance Portability and Accountability Act of 1996 to mandate coordination of regulations, rulings, and interpretations between the Secretaries of the Treasury, Health and Human Services, and Labor relating to matters over which two or more of the Secretaries have responsibility. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of the Environment Act of
1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that provisions that reduce
protection of the environment have been included in legislation without
adequate consideration and an opportunity for Members to vote on the
provisions.
(b) Purpose.--The purposes of this Act are to--
(1) require Members of Congress to vote in the House of
Representatives and the Senate on provisions included in
legislation that reduce protection of the environment; and
(2) require the Office of Management and Budget to ensure
that each department or agency makes available to Congress and
the public information to assist in assessing whether
provisions included in legislation would reduce protection of
the environment.
SEC. 3. APPLICABLE PROVISIONS.
(a) In General.--This Act shall apply to any provision in a bill,
joint resolution, amendment, or conference report before Congress that
reduces protection of the environment.
(b) Provisions Reducing Protection.--A provision shall be
considered to reduce protection of the environment if the provision
meets the criteria of one or more of the following paragraphs:
(1) Defense of clean air and water.--The provision may
allow increased pollution of ambient air, indoor air, surface
water, ground water, the oceans, or other terrestrial or
aquatic resources.
(2) Defense of national parks and public lands.--The
provision may--
(A) cause adverse impacts on the environmental
quality of national parks or other public lands,
including the effect of decreasing the quantity or
quality of outdoor educational or recreational
opportunities on such lands; or
(B) diminish protection of species that may be
endangered.
(3) Defense of children's environmental health.--The
provision may increase children's exposure to environmental
contaminants and other environmental risks.
(c) Other Provisions.--A provision shall also be considered to
reduce protection of the environment if the provision may have the
effect of shielding any violators of environmental laws from penalties
or limiting judicial review of agency action under the authority of any
environmental law.
(d) Baseline for Effects.--The baseline for determining the effects
of a provision described in subsection (b) or (c) shall be the
circumstances that would exist if the provision were not enacted.
SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) In General.--When a committee of the House of Representatives
or Senate or a committee of conference reports a bill or joint
resolution of public character that includes any provision that reduces
protection of the environment, the report of the committee accompanying
the bill or joint resolution (or the statement of managers accompanying
the conference report) shall contain each of the following:
(1) An identification and description of any provision in
the bill or joint resolution or conference report that reduces
protection of the environment.
(2) A qualitative and, if practicable, a quantitative
assessment of the extent of the reduction in protection of the
environment.
(3) A description of the actions, if any, taken by the
committee to avoid the reduction in protection of the
environment.
(4) Any statement received under section 5.
SEC. 5. DUTIES OF THE COMPTROLLER GENERAL.
(a) Statement.--For each bill or joint resolution of a public
character reported by any committee of the House of Representatives or
the Senate, and for each report by a committee of conference, the
Comptroller General of the United States, upon a request of the
committee or a majority of the members of the minority party or
majority party of the committee, shall, prior to the filing of the
report, prepare and submit to the committee a statement assessing the
extent to which the provisions of the bill, joint resolution, or
conference report reduce protection of the environment.
(b) Assistance to Committees and Studies.--At the request of any
committee of the Senate or the House of Representatives, the
Comptroller General shall, to the extent practicable, consult with and
assist such committee in assessing the extent to which the provisions
of a bill, joint resolution, or conference report reduce the protection
of the environment.
SEC. 6. DUTIES OF OFFICE OF MANAGEMENT OF BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall ensure that each department or agency of the United
States--
(1) collects and catalogs available information that would
assist in assessing whether any provision in a bill, joint
resolution, amendment, or conference report before Congress
would reduce protection of the environment;
(2) coordinates, organizes and facilitates the availability
of such information for use by Congress; and
(3) ensures that such information is readily available to
the Comptroller General for purposes of fulfilling duties under
section 5 of this Act or for other purposes.
(b) Public Availability.--The Director of the Office of Management
and Budget shall ensure that each department or agency of the United
States makes information collected and cataloged pursuant to subsection
(a) readily available to the public.
SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
or conference report that is reported by a committee unless the
committee has complied with section 4.
(b) Procedure in the House of Representatives.--It shall not be in
order in the House of Representatives to consider a rule or order that
waives the application of subsection (a).
SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION.
(a) Amendment of House Rules.--Rule XVI of the Rules of the House
of Representatives is amended by adding at the end the following:
``(11) Notwithstanding the adoption of any rule or motion to limit
or close debate it shall always be in order, as question of high
privilege, to move to strike from any bill, joint resolution, or
amendment any provision that reduces protection of the environment
(within the meaning of section 3 of the Defense of the Environment Act
of 1997). Such motion shall take precedence over a motion for the
previous question on such bill, joint resolution, or amendment and it
shall be in order to debate any such motion for 40 minutes, one-half of
such time shall be given to debate in favor of, and one-half of such
times in opposition to, such motion.''.
(b) Vote in Senate.--Notwithstanding the adoption of any rule or
motion to limit or close debate it shall always be in order, as
question of high privilege in the Senate, to move to strike from any
bill, joint resolution, amendment, or conference report any provision
that reduces protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of 1997). Such motion
shall take precedence over a motion for the previous question on such
bill, joint resolution, amendment, or conference report, and it shall
be in order to debate any such motion for 40 minutes, one-half of such
time shall be given to debate in favor of, and one-half of such times
in opposition to, such motion.
(c) Conference Reports and Senate Amendments.--
(1) Conference reports.--Clause (4) of Rule XXVIII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter has
been offered as an amendment in the House'' by
inserting ``or containing any provision that reduces
protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of
1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(2) Senate amendments.--Clause (5) of Rule XXVII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter had
been offered as an amendment in the House'' by
inserting ``or that reduces protection of the
environment (within the meaning of section 3 of the
Defense of the Environment Act of 1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(d) Exercise of Rulemaking Powers.--The provisions of this section
and sections 4 and 7 are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of such House,
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
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of enactment. | Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction.
Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law.
Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that each Federal agency: (1) collects and catalogs available information that would assist in assessing whether any bill, joint resolution, amendment, or conference report provision would reduce environmental protection; (2) facilitates the availability of such information for Congress' use; and (3) makes such information readily available to the Comptroller General for purposes of fulfilling the assessment and consultation duties described above. Requires such information to be made publicly available.
Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House.
Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Use Prevention Act of 1997''.
SEC. 2. DEFINITION OF ``RECOMMEND''.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end the following:
``(47) A practitioner will be deemed to have `recommended'
the use of marihuana if the practitioner offered advice, or
responded to a request for advice, suggesting the use of
marihuana while acting in the course of his or her professional
capacity.''.
SEC. 3. DENIAL OR REVOCATION OF REGISTRATION.
(a) Denial of Registration.--Section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subclauses (I) through (V), respectively, and indenting
accordingly;
(2) by striking ``(f) The Attorney General'' and inserting
the following:
``(f) Registration of Practitioners to Dispense or Conduct Research
With Controlled Substances.--
``(1) In general.--Subject to paragraph (2), the Attorney
General'';
(3) in the second sentence, by striking ``The Attorney''
and inserting the following:
``(2) Denial of registration.--
``(A) Discretionary denial of application.--
``(i) In general.--The Attorney'';
(4) in the third sentence, by striking ``In determining the
public interest'' and inserting the following:
``(ii) Determination of public interest.--
In determining the public interest for purposes
of clause (i)'';
(5) in the undesignated paragraph following subclause (V),
as redesignated by paragraph (1) of this subsection, by
striking ``Separate registration'' and inserting the following:
``(3) Registration for research purposes.--Separate
registration''; and
(6) by adding at the end of paragraph (2), as so designated
by paragraph (3) of this subsection, the following:
``(B) Mandatory denial of application.--The
Attorney General shall deny an application for
registration under this subsection upon a finding by
the Attorney General that the applicant practitioner--
``(i) administered, dispensed, or
recommended the use of marihuana to an
individual in violation of Federal or State
law; or
``(ii) has been excluded (or directed to be
excluded) from participation in a program
pursuant to section 1128(a)(5) of the Social
Security Act (42 U.S.C. 1320a-7(a)(5)).''.
(b) Revocation of Registration.--Section 304(a) of the Controlled
Substances Act (21 U.S.C. 824(a)) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and
indenting accordingly;
(B) by striking ``(a) A registration'' and
inserting ``(a)(1) Subject to paragraph (3), a
registration''; and
(C) in the undesignated paragraph following
subparagraph (E), as redesignated, by striking ``A
registration'' and inserting the following:
``(2) Revocation of registration to dispense a narcotic
drug.--A registration'';
and
(2) by adding at the end the following:
``(3) Mandatory revocation of registration.--The Attorney
General shall revoke a registration described in paragraph (1)
upon a finding by the Attorney General that the registrant--
``(A) administered, dispensed, or recommended the
use of marihuana to an individual in violation of
Federal or State law; or
``(B) has been excluded (or directed to be
excluded) from participation in a program pursuant to
section 1128(a)(5) of the Social Security Act (42
U.S.C. 1320a-7(a)(5)).''.
SEC. 4. PROHIBITED ACTS RELATING TO MARIHUANA.
Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a))
is amended--
(1) in paragraph (3), by inserting before the semicolon ``,
including acquiring or obtaining possession of marihuana by
means of claiming a medical need, with the intent of selling or
distributing the marihuana'';
(2) in paragraph (8), by striking ``or'' at the end;
(3) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(10) if that person is a practitioner, to prescribe,
dispense, or recommend the use of marihuana.''.
SEC. 5. ENHANCED PENALTIES RELATING TO MARIHUANA.
Section 403 of the Controlled Substances Act (21 U.S.C. 843) is
amended by adding at the end the following:
``(g) In addition to any other applicable penalty, any practitioner
who violates this section by prescribing, dispensing, or recommending
the use of marihuana to a person under 21 years of age shall be
sentenced to a term of imprisonment of not more than 8 years, a fine of
not more than $60,000, or both.''.
SEC. 6. EXCLUSION OF CERTAIN INDIVIDUALS AND ENTITIES FROM
PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS
FOR ILLEGALLY DISPENSING MARIHUANA.
Section 1128(a) of the Social Security Act (42 U.S.C. 1320a-7(a))
is amended by adding at the end the following:
``(5)(A) Any person (including an organization, agency, or
other entity, but excluding a beneficiary, as defined in
subsection 1128A(i)(5)) that administers, dispenses, or
recommends the use of marihuana to an individual in violation
of a Federal or State law.
``(B) In this paragraph, the terms `administer',
`dispense', `recommend', and `marihuana' have the same meanings
as in section 102 of the Controlled Substances Act (21 U.S.C.
802)).''. | Drug Use Prevention Act of 1997 - Amends: (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana.
Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity.
Amends the CSA to prohibit: (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana.
Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Women's Lives through
International Family Planning Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) International family planning funds provide assistance
that saves the lives of women by providing vital reproductive
health care, including family planning and maternal health
programs that include prenatal, postpartum, HIV/AIDS, and other
sexually transmitted disease education that results in safe
pregnancies and safe motherhood.
(2) Each year more than 585,000 women die from
complications with pregnancy and childbirth. In addition, each
year at least 7,000,000 women suffer serious health problems,
and as many as 50,000,000 women suffer some adverse health
consequences, after childbirth, many of which could be
prevented with safe motherhood practices used in reproductive
health programs.
(3) More than 5,800,000 people were infected with HIV/AIDS
in 1998. Without funding from international family planning
programs for education and prevention, most governments would
not have the resources to combat the physical, social, and
economic devastation inflicted by that disease.
(4) The health of the planet is connected to the health of
women and their families. Rapid population growth exacerbates
many environmental problems, including air and water pollution,
loss of wildlife habitat, fisheries depletion, and climate
change--global problems that transcend national boundaries.
Family planning programs give women the option to choose the
number and spacing of their children, which contributes to
slowing global population growth. International family planning
improves the ability of families worldwide to manage their
lives and their natural resources more sustainably.
(5) When families have access to family planning resources
and are able to space their children, delay the timing of their
first child, and have longer intervals between each child,
there is a decrease in the risk of mortality in both women and
children.
(6) Voluntary family planning services allow women and men
to exercise their fundamental human right to plan the size of
their families and ensure that every pregnancy is planned and
every child is wanted. Data from around the world provide
conclusive evidence that increased access to family planning
reduces the incidence of abortion.
(7) At the International Conference on Population and
Development in 1994, it was estimated that making quality
family planning and related health services available to all in
need of such planning and services would cost $17,000,000,000
in the year 2000. The United States and other donor countries
agreed to provide \1/3\ of those funds. Based on the size of
its economy, the United States share of the total donor
population assistance should be almost $1,900,000,000 for
fiscal year 2001. While falling short of that funding goal,
restoring funding for population assistance to fiscal year 1995
levels would be a significant step toward ensuring access to
family planning and reproductive health care for couples around
the world.
(8) With world population exceeding 6,000,000,000 people,
international family planning providers and related
nongovernmental organizations play a critical role in meeting
the physical, social, environmental, and economic needs in
their societies and in expanding participation in the
democratic process. Those organizations should be provided with
adequate funding to fully and actively offer the best and most
informative care to the citizens involved without restrictions
on free speech. United States assistance should be provided to
those organizations under the same terms as to the governments
involved.
SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.
(a) Funding.--There is authorized to be appropriated, and there is
appropriated (out of any money in the Treasury not otherwise
appropriated), for fiscal year 2001 $366,000,000 to carry out the
provisions of section 301 of the Foreign Assistance Act of 1961 and
section 2 of the United Nations Environment Program Participation Act
of 1973.
(b) Availability of Amounts for UNFPA.--Of the amount appropriated
for fiscal year 2001 to carry out the provisions of law described in
subsection (a), $35,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
SEC. 4. POPULATION PLANNING ASSISTANCE.
(a) Funding.--There is authorized to be appropriated, and there is
appropriated (out of any money in the Treasury not otherwise
appropriated), for fiscal year 2001 $541,600,000 for population
planning activities and other population assistance under part I of the
Foreign Assistance Act of 1961.
(b) Eligibility of Nongovernmental and Multilateral Organizations
for Population Planning Assistance.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at
the end the following:
``SEC. 130. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL
ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE.
``In determining eligibility of nongovernmental and multilateral
organizations for population planning assistance or other population
assistance under this part, the Administrator of the United States
Agency for International Development may not apply requirements to such
organizations that are more restrictive than requirements applicable to
foreign governments for such assistance.''. | Amends the Foreign Assistance Act of 1961 to prohibit the Administrator of the U.S. Agency for International Development (AID), in determining the eligibility of nongovernmental and multilateral organizations for population planning or other population assistance, from applying to them requirements more restrictive than those applicable to foreign governments for such assistance. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Enhancement for Local
Public Servants Act of 2008''.
SEC. 2. DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM
CARE INSURANCE ALLOWED FOR OTHER PUBLIC EMPLOYEES.
(a) In General.--
(1) Distributions allowed for other public employees.--
Paragraph (1) of section 402(l) of the Internal Revenue Code of
1986 (relating to distributions from governmental plans for
health and long-term care insurance) is amended by striking
``retired public safety officer who makes the election
described in paragraph (6)'' and inserting ``retired public
employee''.
(2) Retired public employee.--
(A) Paragraph (4) of section 402(l) of such Code is
amended--
(i) by striking ``(B) eligible retired
public safety officer.--The term `eligible
retired public safety officer' means'' and
inserting the following:
``(B) Eligible retired public employee.--
``(i) In general.--The term `eligible
retired public employee' means'',
(ii) by inserting ``, public school
personnel, or other public employee'' after
``public safety officer'' in subparagraph (B),
and
(iii) by redesignating subparagraph (C) as
clause (ii), by moving such clause (as so
redesignated) 2 ems to the right, and by
inserting after such clause (as so
redesignated) the following new clauses:
``(iii) Public school personnel.--The term
`public school personnel' shall have the same
meaning given such term by section 4151(10) of
the elementary and secondary education Act of
1965 (20 U.S.C. 7161(10)) whether employed by
an institution of higher education (as defined
in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001) or a local educational
agency (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(26)).
``(iv) Public employee.--The term `public
employee' means any employee of a State,
political subdivision of a State, or agency or
instrumentality of a State or political
subdivision of a State.''.
(3) Conforming amendment.--
(A) Subsection (l) of section 402 of such Code (as
amended by this section) is amended by striking
``retired public safety officer'' in each place it
appears and inserting ``retired public employee''.
(B) Subparagraph (D) of section 402(l)(4) of such
Code is redesignated as subparagraph (C).
(b) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2008.
SEC. 3. DISTRIBUTION ALLOWED AS DEDUCTION RATHER THAN EXCLUDED FROM
GROSS INCOME.
(a) In General.--
(1) Deduction allowed.--Paragraph (1) of section 402(l) of
the Internal Revenue Code of 1986 is amended by striking
``gross income of such employee for such taxable year does not
include'' and all that follows through the period at the end
and inserting the following: ``there shall be allowed as a
deduction from gross income for the taxable year an amount
equal to the aggregate amount of distributions from an eligible
retirement plan of the individual in the taxable year to the
extent that such amount does not exceed the amount paid by such
employee for qualified health premiums for such taxable year.''
(2) Deduction with respect to surviving spouse.--Subsection
(l) of section 402 of such Code is amended by striking
paragraph (6) and inserting the following new paragraph:
``(6) Special rule for surviving spouse.--In the case of a
deceased individual with respect to whom a deduction was
allowed under paragraph (1) for the taxable year closed by
reason of the individual's death, the surviving spouse of such
individual shall be treated as the employee with respect to the
plan for purposes of paragraph (1) for all subsequent taxable
years.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes.--Subsection
(a) of section 62 of such Code is amended by inserting after paragraph
(21) the following new paragraph:
``(22) Distributions from governmental retirement plans for
health and long-term care insurance for public employees.--The
deduction allowed by section 402(l).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 402(l) of such Code is amended
by striking ``of the employee, his spouse, or dependents (as
defined in section 152)''.
(2) Paragraph (2) of section 402(l) of such Code is amended
by striking ``The amount which may be excluded from gross
income for the taxable year by reason of paragraph (1)'' and
inserting ``The amount allowable as a deduction under paragraph
(1) for the taxable year''.
(3) Paragraph (3) of section 402(l) of such Code is amended
to read as follows:
``(3) Distributions must be included in gross income.--An
amount shall be treated as a distribution for purposes of
paragraph (1) only to the extent that such amount is included
in gross income for the taxable year.''.
(4) Paragraph (7) and (8) of section 402(l) of such Code
are each amended by striking ``The amounts excluded from gross
income'' and inserting ``Any amount allowable as a deduction''.
(5) Subsection (a) of section 403 of such Code is amended
by striking paragraph (2).
(6) Subsection (a) of section 457 of such Code is amended
by striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2008.
SEC. 4. FURTHER MODIFICATIONS RELATING TO 402(L).
(a) In General.--
(1) Subsection (l) of section 402 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Cost-of-living adjustment.--In the case of taxable
years beginning after December 31, 2009, the Secretary shall
adjust the $3,000 amount under paragraph (2) at the same time
and in the same manner as under section 415(d), except that the
base period shall be the calendar quarter beginning July 1,
2008, and any increase under this paragraph which is not a
multiple of $100 shall be rounded to the next lowest multiple
of $100.''.
(2) Subparagraph (A) of section 402(l)(4) of such Code
(defining eligible retirement plan) is amended to read as
follows:
``(A) Eligible retirement plan.--For purposes of
paragraph (1), the term `eligible retirement plan'
means a plan described in--
``(i) subsection (c)(8)(B)(iii) (and is a
governmental plan within the meaning of section
414(d)),
``(ii) subsection (c)(8)(B)(iv) (and is
maintained by an employer which is a State, a
political subdivision of a State, or an agency
or instrumentality of a State or political
subdivision of a State),
``(iii) subsection (c)(8)(B)(v), or
``(iv) subsection (c)(8)(B)(vi) (and is
maintained by an employer which is a State, a
political subdivision of a State, or an agency
or instrumentality of a State or political
subdivision of a State).''.
(3) Subparagraph (C) of section 402(l)(4) of such Code (as
redesignated by this Act) is amended--
(A) by inserting ``(as defined in section 152,
determined without regard to subsections (b)(1),
(b)(2), and (d)(1)(B) thereof)'' after ``dependents'',
and
(B) by striking ``insurance''.
(4)(A) Subparagraph (B) of section 402(l)(4) of such Code
is amended by striking ``normal retirement age'' and inserting
``normal retirement date''.
(B) Paragraph (4) of section 402(l) of such Code is amended
by adding at the end the following new subparagraph:
``(D) Normal retirement date.--The term `normal
retirement date' means the earliest date on which the
individual may retire and receive a retirement benefit
from the governmental plan which is not reduced by
reason of the individual's age or years of service.''.
(5) Paragraph (5) of section 402(l) of such Code is amended
to read as follows:
``(5) Related plans treated as 1 plan.--For purposes of
this subsection, all eligible retirement plans of an employer
shall be treated as a single plan.''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2008. | Healthcare Enhancement for Local Public Servants Act of 2008 - Amends the Internal Revenue Code to: (1) extend eligibility for tax-free distributions from governmental employee benefit plans for health and long-term care insurance to any retired state or local public employee (currently, limited to retired public safety officers); (2) provide for a tax deduction of such distributions rather than an exclusion from gross income; (3) allow nonitemizing taxpayers to claim such tax deduction; and (4) allow an annual inflation adjustment to the $3,000 distribution limit beginning after 2009. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Fuel Cost Equity Act
of 2000''.
SEC. 2. MANDATORY FUEL SURCHARGE.
(a) In General.--Chapter 137 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 13714. Fuel surcharge
``(a) Mandatory Fuel Surcharge.--
``(1) Assessment of surcharge.--Any motor carrier, broker,
or freight forwarder subject to jurisdiction under chapter 135
regularly providing truck-load transportation service shall
assess under each contract or agreement for such service the
payor of transportation charges a surcharge under this section,
or a surcharge or other fuel cost adjustment permitted under
section 13715, for fuel used in the transportation provided to
such payor commencing when an increase in the price of such
fuel surpasses the benchmark in paragraph (2). A surcharge
assessed under this section by the motor carrier, broker, or
freight forwarder shall be calculated on the basis of mileage
or percentage of revenue (whichever basis the motor carrier,
broker, or freight forwarder elects) and shall be the amount
necessary to compensate the motor carrier, broker, or freight
forwarder or other person responsible for paying for fuel for
the difference in the price of fuel between the Current Fuel
Price and the Fuel Price Norm determined under paragraph (2).
``(2) Benchmark.--
``(A) In general.--The benchmark referred to in
paragraph (1) is the difference between the Current
Fuel Price and the Fuel Price Norm, when such
difference exceeds $0.05.
``(B) Current fuel price.--The Current Fuel Price
referred to in paragraph (1) and subparagraph (A) shall
be determined from the latest weekly Energy Information
Administration's Average Retail On-Highway Diesel
Prices, National U.S. Average, as published by the
Department of Energy.
``(C) Fuel price norm.--The Fuel Price Norm
referred to in paragraph (1) and subparagraph (A) shall
be determined by calculating the latest 52-week average
of the Average Retail On-Highway Diesel Prices referred
to in subparagraph (B).
``(b) Implementation.--The surcharge referred to in subsection
(a)(1) shall be--
``(1) calculated on the date the shipment is tendered to
the motor carrier, broker, or freight forwarder;
``(2) itemized separately on the motor carrier, broker, or
freight forwarder's invoices; and
``(3) paid by the payor of the related transportation
charges.
``(c) Factors.--For purposes of calculating a surcharge under this
section--
``(1) average fuel economy is 5 miles per gallon for
calendar year 2000 and shall be determined on January 1 of such
year thereafter by the Secretary of Transportation; and
``(2) mileage means the number of paid miles driven as
determined under the Department of Defense, Military Traffic
Management Command's `Defense Table of Official Distances'.
``(d) Limitation on Authority.--Notwithstanding any other provision
of this part, any action to enforce this section under section 14704
may only be brought by the motor carrier, broker, or freight forwarder
that provided the transportation services against the payor of the
transportation charges or by the payor of the transportation charges
against the motor carrier, broker, of freight forwarder that provided
the transportation services. In such action, a court shall only have
the authority to determine whether a fuel surcharge assessed under this
section has been assessed or paid. A court shall not have the authority
in such action to review any other charges imposed by the provider of
the transportation services. Neither the Secretary of Transportation
nor the Surface Transportation Board shall have regulatory or
enforcement authority relating to provisions of this section.
``(e) Effective Period.--Subsections (a) through (d) and section
13715 shall be in effect beginning the 60th day following the date of
the enactment of this section and ending September 30, 2003.
``Sec. 13715. Negotiated fuel adjustments
``(a) In General.--Nothing in section 13714 shall be construed to
abrogate provisions relating to fuel cost adjustments in any
transportation contract or agreement in effect on the date of the
enactment of the Motor Carrier Fuel Cost Equity Act of 2000 and any
renewal of such a contract or agreement thereafter. Nothing in this
section and sections 13714 and 14102 shall be construed to prohibit any
motor carrier, broker, or freight forwarder from including any
reasonable privately negotiated fuel cost adjustment provision in any
contract or agreement to provide transportation.
``(b) Continuation of Authority.--Nothing in section 13714 shall
impair the ability of any person to enter into any contract or
agreement after the date of the enactment of the Motor Carrier Fuel
Cost Equity Act of 2000 that provides for a fuel adjustment under this
section or section 13714 during any period in which no fuel surcharge
is required under section 13714.''.
(b) Clerical Amendment.--The analysis for chapter 137 of such title
is amended by adding at the end the following:
``13714. Fuel surcharge.
``13715. Negotiated fuel adjustments.''.
SEC. 3. CONFORMING AMENDMENT.
Section 14102 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Mandatory Pass-Through to Cost Bearer.--
``(1) In general.--A motor carrier, broker, or freight
forwarder providing transportation or service using motor
vehicles not owned by it and using fuel not paid for by it--
``(A) shall pass through to the person responsible
for paying for fuel any fuel surcharge required
pursuant to section 13714, or fuel cost adjustment
permitted under section 13715, or provided for in
transportation contracts or agreements;
``(B) shall disclose in writing to the person
responsible for paying for fuel the amount of all
freight rates and charges and fuel surcharges under
section 13714 and fuel cost adjustments permitted under
section 13715 applicable to such transportation or
service; and
``(C) is prohibited from--
``(i) intentionally reducing compensatory
transportation costs (other than the fuel
surcharge) to the person responsible for paying
for fuel for the purpose of adjusting for or
avoiding the pass through of the fuel
surcharge; and
``(ii) intentionally imposing a fuel cost
adjustment in accordance with section 13715 for
the purpose of avoiding any payment under this
section or section 13714.
``(2) Limitation on authority.--Notwithstanding any other
provision of this part, the person responsible for paying for
fuel may only bring an action to enforce this section under
section 14704 against the motor carrier, freight forwarder, or
broker providing the transportation services with vehicles not
owned by it. Neither the Secretary of Transportation nor the
Surface Transportation Board shall have regulatory or
enforcement authority relating to provisions of this
subsection.
``(3) Effective period.--Paragraphs (1) and (2) shall be in
effect beginning the 60th day following the date of the
enactment of this section and ending September 30, 2003.''.
Passed the House of Representatives October 10, 2000.
Attest:
Clerk. | Requires the surcharge to be: (1) calculated on the date the shipment is tendered to the motor carrier, broker, or freight forwarder; (2) itemized separately on invoices; and (3) paid by the payor of transportation charges.
Declares that any action to enforce this Act may only be brought by the motor carrier, broker, or freight forwarder that provided the transportation services against the payor of the charges, or by the payor against the motor carrier, broker, or freight forwarder. Limits a court's authority to determining only whether a surcharge under this Act (as opposed to any other charges) has been assessed or paid. Denies either the Secretary or the Board any regulatory or enforcement authority relating to this Act.
Declares that nothing in this Act shall: (1) be construed to prohibit any motor carrier, broker, or freight forwarder from including any reasonable privately negotiated fuel cost adjustment provision in any transportation contract or agreement; or (2) impair the ability of any person to enter into any contract or agreement after enactment of this Act that provides for a fuel adjustment during any period in which no fuel surcharge is required.
Requires any motor carrier, broker, or freight forwarder providing transportation or service using motor vehicles not owned by it and using fuel not paid for by it to pass any fuel surcharge through, with due notice in writing, to the person responsible for paying for fuel. Prohibits any reduction in compensatory transportation costs (other than the fuel surcharge) to the payor of fuel for the purpose of adjusting for or avoiding the pass through of the fuel surcharge. Prohibits any intentional imposition of a fuel cost adjustment for the purpose of avoiding any payment under this Act.
Declares that the person responsible for paying for fuel may only bring an action to enforce this Act against the motor carrier, freight forwarder, or broker providing the transportation services with vehicles not owned by it. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rebuild Infrastructure and Support
Entrepreneurs Act of 2002''.
SEC. 2. APPLICATION OF SMALL BUSINESS PROCUREMENT GOALS TO RECIPIENTS
OF NEW YORK RECOVERY FUNDS.
(a) Small Business Utilization Plan Required To Receive New York
Recovery Funds.--No Federal department or agency may provide any New
York recovery funds to any entity unless--
(1) such entity has submitted a plan to the Administrator
of the Small Business Administration, which--
(A) is in such form and submitted in such manner as
the Administrator may require; and
(B) includes a detailed description of how such
entity plans to meet the requirements described in
subsection (b);
(2) the plan of such entity has been approved by the
Administrator of the Small Business Administration;
(3) the entity agrees to give a 10 percent price evaluation
adjustment in favor of small business concerns located in the
New York City metropolitan area in the competition for any New
York recovery contract; and
(4) the entity agrees to be bound by the requirement of
subsection (c).
(b) Minimum Small Business Procurement Requirements.--An entity
meets the requirements of this subsection if such entity awards not
less than--
(1) 23 percent of the total value of all New York recovery
contracts awarded by such entity to small business concerns
located in the New York City metropolitan area (including those
described in paragraphs (2) and (3));
(2) 5 percent of the total value of all New York recovery
contracts awarded by such entity to small business concerns
owned and controlled by women and located in the New York City
metropolitan area; and
(3) 5 percent of the total value of all New York recovery
contracts awarded by such entity to small business concerns
owned and controlled by socially and economically disadvantaged
individuals and located in the New York City metropolitan area.
(c) Recapture of Funds if Minimum Requirements Not Met.--
(1) In general.--If any recipient of New York recovery
funds fails to meet the requirements described in subsection
(b), such recipient shall pay to the Administrator of the Small
Business Administration an amount equal to the greater of--
(A) the amount (if any) by which--
(i) 23 percent of the total value of all
New York recovery contracts awarded by such
recipient, exceeds
(ii) the total value of all such contracts
awarded by such recipient to small business
concerns located in the New York City
metropolitan area (including those described in
paragraphs (2) and (3) of subsection (b)); or
(B) the amount (if any) by which--
(i) 10 percent of the total value of all
New York recovery contracts awarded by such
recipient, exceeds
(ii) the sum of--
(I) the total value of all such
contracts awarded by such recipient to
small business concerns owned and
controlled by women and located in the
New York City metropolitan area, and
(II) the total value of all such
contracts awarded by such recipient to
small business concerns owned and
controlled by socially and economically
disadvantaged individuals and located
in the New York City metropolitan area.
(2) Assistance to small business concerns in new york.--The
Administrator of the Small Business Administration shall use
any amounts collected under paragraph (1) to provide grants,
loans, and other assistance to small business concerns located
in the New York City metropolitan area.
(d) Additional Funds for Meeting Small Business Procurement
Goals.--
(1) In general.--Any Federal department or agency which
provides New York recovery funds to any entity may provide
additional New York recovery funds to such entity if--
(A) such entity meets the requirements described in
paragraph (2) with respect to the New York recovery
funds to which the additional New York recovery funds
would be in addition; and
(B) such entity meets the requirements of
subsection (a) with respect to such additional New York
recovery funds.
(2) Small business procurement goals.--An entity meets the
requirements of this paragraph if such entity meets the
requirements of subsection (b) determined by substituting ``25
percent'' for ``23 percent'' in paragraph (1) thereof.
(3) Limitations.--
(A) Maximum amount.--The amount of any additional
New York recovery funds provided under this subsection
shall not exceed 2 percent of the amount of the New
York recovery funds to which the additional New York
recovery funds is in addition.
(B) No additions to additions.--No additional New
York recovery funds provided under this subsection
shall be treated as New York recovery funds for
purposes of paragraph (1).
(e) Definitions.--For purposes of this section:
(1) New york recovery funds.--The term ``New York recovery
funds'' means any grant or other provision of funds by a
Federal department or agency (except procurements by such
department or agency) to a non-Federal entity for the purpose
of improving or reconstructing the area in New York damaged by
the terrorist attacks perpetrated against the United States on
September 11, 2001.
(2) New york recovery contract.--The term ``New York
recovery contract'' means, with respect to any New York
recovery funds, any prime contract for goods or services if--
(A) such contract is awarded for the purpose of
improving or reconstructing the area in New York
damaged by the terrorist attacks perpetrated against
the United States on September 11, 2001, by the entity
which received such funds; and
(B) any portion of such contract is funded by such
funds.
(3) New york city metropolitan area.--The term ``New York
City metropolitan area'' means Bronx, Delaware, Dutchess,
Kings, Nassau, New York, Orange, Putnam, Queens, Richmond,
Rockland, Suffolk, Sullivan, Ulster, and Westchester counties
in the State of New York.
(4) Non-federal entity.--The term ``non-Federal entity''
means any person, municipality, State or political subdivision
thereof, or other entity, except such term does not include any
Federal department or agency.
(5) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(6) Small business concern owned and controlled by socially
and economically disadvantaged individuals.--The term ``small
business concern owned and controlled by socially and
economically disadvantaged individuals'' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).
(7) Small business concern owned and controlled by women.--
The term ``small business concern owned and controlled by
women'' has the meaning given such term in section 3(n) of the
Small Business Act (15 U.S.C. 632(n)). | Rebuild Infrastructure and Support Entrepreneurs Act of 2002 - Prohibits a Federal agency from providing any New York recovery funds to an entity unless: (1) the entity has submitted a fund use plan to the Administrator of the Small Business Administration that has been approved; (2) the entity agrees to give a ten percent price evaluation adjustment in the competition for any New York recovery contract for small businesses located in the New York City metropolitan area; and (3) the entity agrees to meet specified small business procurement requirements in its contract awards. Includes within such small business procurement requirements the award of: (1) 23 percent of such contracts to New York City small businesses; (2) five percent to New York City small businesses owned and controlled by women; and (3) five percent to New York City small businesses owned by socially and economically disadvantaged individuals. Requires funds recapture if such minimum requirements are not met.Requires the Administrator to use New York recovery funds to provide grants, loans, and other assistance to small businesses in New York City and allows any other Federal agency to provide additional New York recovery funds to an entity that follows the minimum small business procurement requirements specified above (substituting 25 for 23 percent in the first requirement). | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Oversight of TSA
Employee Misconduct Act''.
SEC. 2. TSA MISCONDUCT INSPECTION PLAN.
(a) In General.--Section 44935 of title 49, United States Code, is
amended--
(1) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k); and
(2) by adding at the end the following new subsection:
``(l) TSA Misconduct Inspections.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this subsection, the Administrator of the
Transportation Security Administration (TSA) shall--
``(A) designate a senior official to implement a
plan to oversee unannounced inspections at airports of
agency actions taken to address TSA employee
misconduct, including actions taken by managers at
airports to address any such misconduct through
corrective actions, up to and including removal from
Federal service, in accordance with Department of
Homeland Security and TSA policies;
``(B) on a biannual basis thereafter until
September 30, 2023, the official specified in
subparagraph (A) shall certify to the Administrator
that the unannounced inspections referred to in such
paragraph were completed across a sufficient number of
airports such that all airports are--
``(i) inspected before such date; and
``(ii) provided adequate information
regarding agency actions taken to address TSA
employee misconduct;
``(C) designate a senior official other than the
senior official designated pursuant to subparagraph (A)
to review the results of such unannounced inspections
to identify causes of any variances and overall trends
in the way actions are taken in response to TSA
employee misconduct and develop corrective actions and
recommendations, up to and including removal from
Federal service, as appropriate; and
``(D) direct the official described in subparagraph
(C) to implement the corrective actions and
recommendations specified in such subparagraph.
``(2) Consolidation and coordination.--Unannounced
inspections under paragraph (1) of certain locations may be
consolidated and coordinated with other relevant TSA offices,
as determined appropriate by the Administrator of the TSA.
``(3) Extension.--The Administrator of the TSA may extend
the final date specified in paragraph (1)(B) for completing the
unannounced inspections under paragraph (1) for not more than
one additional fiscal year if exigent circumstances warrant. If
the Administrator determines that such an extension is
necessary, the Administrator shall provide to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs,. the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations of the
Senate written justification regarding such circumstances prior
to granting such extension.
``(4) Department of homeland security review.--
``(A) In general.--On a biannual basis, the
official specified in paragraph (1)(C) shall provide to
the Chief Human Capital Officer of the Department of
Homeland Security the results of unannounced
inspections conducted pursuant to such paragraph.
``(B) Identification.--The Chief Human Capital
Officer of the Department of Homeland Security may
review the results of the unannounced inspections
conducted pursuant to paragraph (1)(A) to, as
appropriate, identify trends and make recommendations,
to the Administrator of the TSA to address employee
misconduct.
``(C) Implementation.--The Administrator of the TSA
shall coordinate with the Chief Human Capital Officer
of the Department of Homeland Security to implement any
recommendations made pursuant to subparagraph (B)
within the timeframes established by the Chief Human
Capital Officer.
``(5) Information to congress.--The Administrator of the
TSA shall make the results of the unannounced inspections,
including any recommended corrective actions for addressing
variances, identified under this subsection readily available
to--
``(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives;
``(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Appropriations of the Senate; and
``(C) as appropriate, personnel of the Department
of Homeland Security, as determined by the
Administrator.
``(6) Definitions.--In this subsection:
``(A) Actions.--The term `actions' means
consequences for employee misconduct, up to and
including removal from Federal Service, established by
TSA policy.
``(B) Unannounced inspections.--The term
`unannounced inspections' means a review of information
without providing advanced notice to the party under
review.''.
(b) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act and the amendments
made by this Act. Such requirements shall be carried out using amounts
otherwise authorized. | Strengthening Oversight of TSA Employee Misconduct Act (Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to designate a senior official: implement a plan to oversee unannounced inspections at airports of agency actions taken to address TSA employee misconduct, including corrective actions by airport managers and employee removal from federal service; certify to the TSA, on a biannual basis until September 30, 2023, that such unannounced inspections were completed across a sufficient number of airports; review the results of such inspections to identify causes of any variances and overall trends in actions taken in response to employee misconduct and to develop corrective actions and recommendations; implement the corrective actions and any recommendations; and provide the results of such inspections to DHS. Unannounced inspections of certain locations may be consolidated and coordinated with other TSA offices. TSA may extend the time for completing such inspections for up to an additional fiscal year if exigent circumstances warrant. DHS may review such results to identify trends and make recommendations to the TSA to address employee misconduct. The TSA shall implement such recommendations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humanitarian Exports Leading to
Peace Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Iraqi people suffered under a decade of war and
continue to suffer under a repressive regime and the most
comprehensive economic sanctions ever imposed on any country.
(2) The economic sanctions have caused extraordinary
hardship on the people of Iraq and failed to weaken the
leadership of Iraq, and have undermined the institutions of
civil society which are necessary for democratic political
life.
(3) The investigative panel established by the United
Nations Security Council and other independent bodies have
confirmed that the United Nations Oil-for-Food program has
failed to adequately meet the needs of the Iraqi people.
(4) According to the United States Department of
Agriculture, Iraq represents a potential market for nearly
$1,000,000,000 in agricultural products from the United States.
(5) The sanctions regime continues to harm the Iraqi
population for the crimes of its leaders and has not served
either the goal of the United States of punishing Iraq's
leaders or disarming weapons of mass destruction.
(6) Rigorous weapons inspections and adequate provision for
civilian needs in Iraq are not mutually exclusive.
(7) The devastating effect of the economic sanctions on
Iraq has been reported by numerous international and
independent bodies, including the following:
(A) The Center for Economic and Social Rights of
the United Nations documented dramatic increases in
malnutrition and disease, leading to the deaths of
hundreds of thousands of children under the age of 5
since 1991.
(B) UNICEF reported in 1995 that ``no significant
movement towards food security can be achieved so long
as the embargo remains in place''. Further, despite the
Oil-for-Food Program, UNICEF reported in July 1999
survey findings that ``Both the infant mortality rate
and the under-five mortality rate consistently show a
major increase in mortality over the 10 years preceding
the survey. More specifically, the results show that
the infant mortality rate has increased from 47 deaths
per 1,000 live births for the period 1984-89, to 108
deaths per 1,000 live births for the period 1994-99.''.
(C) A report authorized by the United National
Security Council on March 30, 1999, found that ``the
gravity of the humanitarian situation of the Iraqi
people is indisputable and cannot be overstated.''.
Further, it emphasized that ``Even if not all suffering
in Iraq can be imputed to external factors, especially
sanctions, the Iraqi people would not be undergoing
such deprivations in the absence of the prolonged
measures imposed by the Security Council and the
effects of the war''.
(D) UNICEF and the World Food Program found in 1997
that ``One out of every 4 young Iraqi children is
malnourished. More than 750,000 children are suffering
from malnutrition''.
SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ
TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN
OTHER PRODUCTS.
The sanctions applied with respect to Iraq under the Iraq Sanctions
Act of 1990 (sections 586-586J of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513)) or any other provision of law shall not apply with respect to
the export of any food or other agricultural products (including
fertilizer), medicines, medical supplies, medical instruments, or
medical equipment, or with respect to travel incident to the sale or
delivery of food or other agricultural products (including fertilizer),
medicines, medical supplies, medical instruments, or medical equipment,
to Iraq.
SEC. 4. EXCEPTIONS.
Section 3 shall not apply--
(1) to restrictions imposed under section 5 or 6 of the
Export Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act) on goods by virtue
of the technology incorporated in such goods; and
(2) to restrictions imposed under section 203 of the
International Emergency Economic Powers Act on the export of
medical instruments or medical equipment to deal with a threat
to the national security of the United States by virtue of the
technology incorporated in such medical instruments or
equipment.
SEC. 5. ADMINISTRATION BY SECRETARY OF COMMERCE.
(a) Administration by Secretary of Commerce.--The Secretary of
Commerce shall exercise the authorities of the Export Administration
Act of 1979, as in effect pursuant to the International Emergency
Economic Powers Act, to carry out sections 3 and 4, except that--
(1) the Secretary may not require a license for the export
of any of the items to which section 3 applies; but
(2) the Secretary shall require persons exporting such
items to notify the Secretary of such exports.
(b) Regulations.--The Secretary of Commerce shall issue such
regulations as are necessary to carry out sections 3 and 4.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Government
should take all necessary steps to end the suffering of innocent
populations, primarily children and the elderly, by allowing the free
flow of humanitarian aid to Iraq without threat of prosecution. Such
steps should include, but not be limited to, using its position as a
permanent member of the United Nations Security Council to pass all
such measures as may be required for the implementation of section 3 of
this Act.
SEC. 7. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Iraq of food and other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) the impact the exports have had on food security in
Iraq;
(3) a description of the types and end users of the goods
so exported;
(4) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Iraq since the enactment of this Act--
(A) have been diverted by the Government of Iraq or
any other third party from the intended recipients; or
(B) have been used for any unintended
nonhumanitarian or dual-use purposes; and
(5) what steps the United States has taken through the
United Nations, with the cooperation of Security Council
members, to--
(A) lift nonmilitary sanctions on Iraq, including
actions described in section 6; or
(B) impose a strict regional arms control regime
pursuant to Article 14 of Security Council Resolution
687, which calls for ``establishing in the Middle East
a zone free from weapons of mass destruction''. | Directs the Secretary of Commerce to exercise the authorities of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) to carry out this Act, except that the Secretary may not require a license for the export of humanitarian assistance, but shall require persons to notify the Secretary when exporting such assistance.
Expresses the sense of Congress that the U.S. Government should take all necessary steps (including its position as a permanent member of the United Nations Security Council) to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution.
Directs the President to report to Congress with respect to the export of humanitarian assistance to Iraq. | billsum_train |
Make a summary of the following text: SECTION 1. CONGRESSIONAL OFFICE OF INSPECTOR GENERAL.
There is created an establishment of the Government to be known as
the Congressional Office of Inspector General, which shall be
independent of the executive departments and under the control and
direction of the Speaker and minority leader of the House of
Representatives.
SEC. 2. PURPOSE AND ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL.
The purpose of this Act is to create independent and objective
units--
(1) to conduct and supervise audits and investigations
relating to the office procedures and operations of each Member
or committee of the House of Representatives and any other
office of the House of Representatives whose employees are paid
by the Clerk;
(2) to provide leadership and coordination and recommend
policies for activities designed (A) to promote economy,
efficiency, and effectiveness in the administration of, and (B)
to prevent and detect fraud and abuse in, such office
procedures and operations; and
(3) to provide a means for keeping each Member of Congress
and the Congress fully and currently informed about problems
and deficiencies relating to the administration of such office
procedures and operations and the necessity for and progress of
corrective action.
SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; REMOVAL;
APPOINTMENT OF ASSISTANT INSPECTOR GENERAL FOR AUDITING
AND ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS.
(a) Appointment.--There shall be at the head of the Office an
Inspector General who shall be appointed by the Speaker of the House of
Representatives and the minority leader of the House of
Representatives, without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations. Except as hereinafter provided in
this section, the Inspector General shall hold office for 7 years. The
Inspector General shall not be eligible for reappointment.
(b) Supervision.--The Inspector General shall report to and be
under the general supervision of the Speaker and the minority leader of
the House of Representatives. The Speaker of the House shall not
prevent or prohibit the Inspector General from initiating, carrying
out, or completing any audit or investigation.
(c) Removal.--The Inspector General may be removed from office by
the Speaker and the minority leader of the House only for cause.
(d) Assistants.--Each Inspector General shall in accordance with
applicable laws and regulations governing employees of the House of
Representatives--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance
of auditing activities relating to office procedures and
operations of each Member or committee of the House of
Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such office procedures and operations.
SEC. 4. DUTIES AND RESPONSIBILITIES.
(a) In General.--It shall be the duty and responsibility of the
Inspector General, with respect to the House of Representatives--
(1) to provide for policy direction for and to conduct,
supervise, and coordinate audits and investigations relating to
the office procedures and operations of each Member or
committee of the House of Representatives and any other office
of the House of Representatives whose employees are paid by the
Clerk;
(2) to review existing and proposed rules of the House of
Representatives and regulations relating to office procedures
and operations of each Member or committee of the House of
Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk and to
make recommendations in the annual reports required concerning
the impact of such rules or regulations on the economy and
efficiency in the administration of office procedures and
operations administered or financed by each Congressional
office of the prevention and detection of fraud and abuse in
such office procedures and operations;
(3) to recommend policies for, and to conduct, supervise,
or coordinate other activities carried out or financed by each
Member or committee of the House of Representatives and any
other office of the House of Representatives whose employees
are paid by the Clerk for the purpose of promoting economy or
efficiency in the administration of, or preventing and
detecting fraud and abuse in, office procedures and operations;
and
(4) to keep the Congress fully and currently informed by
means of the reports required and otherwise, concerning fraud
and other serious problems, abuses, and deficiencies relating
to the administration of office procedures and operations, and
to report on the progress made in implementing such corrective
action.
(b) Audit Standards.--In carrying out the responsibilities each
Inspector General shall comply with established standards for audits of
Federal establishments, organizations, programs, activities, and
functions.
(c) Reports of Rules Violations.--In carrying out the duties and
responsibilities established each Inspector General shall report
expeditiously to the chairman and the ranking minority party member of
the Committee on Standards and Official Conduct whenever the Inspector
General has reasonable grounds to believe there has been a violation of
the Rules of the House of Representatives.
SEC. 5. ANNUAL REPORTS.
(a) In General.--Each Inspector General shall, not later than
October 31 of each year, prepare annual reports summarizing the
activities of the Office during the immediately proceeding 12 month
period ending September 30. Such report shall include, but need not be
limited to--
(1) a description of significant problems, abuses, and
deficiencies relating to the administration of office
procedures and operations of each Member and committee of the
House of Representatives and any other office of the House of
Representatives whose employees are paid by the Clerk disclosed
by such activities during the reporting period;
(2) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified pursuant to paragraph (1);
(3) an identification of each significant recommendation
described in previous annual reports on which corrective action
has not been completed;
(4) a summary of matters referred to the Committee on
Standards of Official Conduct and the actions which have
resulted;
(5) a summary of each report made to the Speaker and
minority leader of the House of Representatives under section
6(b) during the reporting period;
(6) a listing, subdivided according to subject matter, of
each audit report issued by the office during the reporting
period and for each audit report, where applicable the total
dollar value of questioned costs (including a separate category
for the dollar value of unsupported costs) and the dollar value
of recommendations that funds be put to better use;
(7) a summary of each particularly significant report;
(8) statistical tables showing the total number of audit
reports and the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs), for audit reports--
(A) for which no management decision has been made
by the commencement of the reporting period;
(B) which were issued during the reporting period;
and
(C) for which a management decision was made during
the reporting period, including--
(i) the dollar value of disallowed costs;
and
(ii) the dollar value of costs not
disallowed; and
(D) for which no management decision has been made
by the end of the reporting period;
(9) statistical tables showing the total number of audit
reports and the dollar value of recommendations that funds be
put to better use by management, for audit reports--
(A) for which no management decision had been made
by the commencement of the reporting period;
(B) which were issued during the reporting period;
and
(C) for which a management decision was made during
the reporting period including--
(i) the dollar value of recommendations
that were not agreed to by management; and
(ii) the dollar value of recommendations
that were not agreed to by management; and
(D) for which no management decision has been made
by the end of the reporting period.
(10) a summary of each audit report issued before the
commencement of the reporting period for which no management
decision has been made by the end of the reporting period
(including the date and title of each such report), an
explanation of the reasons such management decision has not
been made, and a statement concerning the desired timetable for
achieving a management decision on each such report; and
(11) information concerning any significant management
decision with which the Inspector General is in disagreement.
(b) Furnishing of Annual Report.--The annual report of the
Inspector General shall be furnished to the Speaker and minority leader
of the House of Representatives not later than October 31 of each year.
(c) Report of Serious Problems.--The Inspector General shall report
immediately to the Speaker and minority leader of the House of
Representatives whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or deficiencies
relating to the administration of office procedures and operations of
any Member or committee of the House of Representatives and any other
office of the House of Representatives whose employees are paid by the
Clerk.
(d) Definitions.--As used in this section--
(1) the term ``questioned cost'' means a cost that is
questioned by the Office because of--
(A) an alleged violation of the Rules of the House
of Representatives;
(B) a finding that, at the time of the audit, such
cost is not supported by adequate documentation; or
(C) a finding that the expenditure of funds for the
intended purpose is unnecessary or unreasonable;
(2) the term ``unsupported costs'' means a cost that is
questioned by the Office because the Office found that at the
time of the audit, such cost is not supported by adequate
documentation;
(3) the term ``disallowed cost'' means a questioned cost
that management, in a management decision, has sustained or
agreed should not be charged to the House of Representatives;
(4) the term ``recommendation that funds be put to better
use'' means a recommendation by the Office that funds could be
used more efficiently if management of a Member's office or
House committee or other office took action to implement and
complete the recommendation including--
(A) reductions in outlays; and
(B) any other savings which are specifically
identified;
(5) the term ``management decision'' means the evaluation
by the management of a Member's office or House committee or
other office of the findings and recommendations included in an
audit report and the issuance of a final decision by management
concerning its response to such findings and recommendations,
including actions concluded to be necessary; and
(6) the term ``final action'' means--
(A) the completion of all actions that the
management of a Member's office or House committee or
other office has concluded in its management decision,
are necessary with respect to the findings and
recommendations included in the audit report; and
(B) in the event that the management of a Member's
office or House committee or other office concludes no
action is necessary, final action occurs when a
management decision has been made.
SEC. 6. AUTHORITY OF INSPECTOR GENERAL.
(a) In General.--In addition to the authority otherwise provided by
this Act, the Inspector General in carrying out the provisions of this
Act, is authorized--
(1) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
available to the applicable Member's office or House committee
or other office which relates to office procedures and
operations with respect to which the Inspector General has
responsibilities under this Act;
(2) to make such investigations and reports relating to the
administration of the office procedures and operations of the
applicable Member's office or House committee or other office
as are, in the judgment of the Inspector General, necessary or
desirable;
(3) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this Act, employee of
an Office of an Inspector General designated by the Inspector
General shall have the same force and effect as if administered
or taken by or before an officer having a seal; and
(4) to have direct and prompt access to a Member or
chairman of a House committee or head of any other office
within the House of Representatives when necessary for any
purpose pertaining to the performance of functions and
responsibilities under this Act.
(b) Report of Refusal.--Whenever information or assistance
requested under subsection (a)(1) is, in the judgment of an Inspector
General, unreasonably refused or not provided, the Inspector General
shall report the circumstance to the Speaker and minority leader of the
House of Representatives without delay.
SEC. 7. COMPLAINTS BY EMPLOYEES; DISCLOSURE OF IDENTITY; REPRISALS.
(a) Complaints.--The Inspector General may receive and investigate
complaints or information from an employee of the House of
Representatives concerning the possible existence of an activity
constituting a violation of law, Rules of the House of Representatives,
or mismanagement, gross waste of funds, abuse of authority or a
substantial and specific danger to the public health and safety.
(b) Disclosure of Identity.--The Inspector General shall not, after
a receipt of a complaint or information from an employee, disclose the
identity of the employee without the consent of the employee, unless
the Inspector General determines such disclosure is unavoidable during
the course of the investigation.
(c) Reprisals.--Any employee who has authority to take, direct
others to take, recommend or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any action
against any employee as reprisal for making a complaint or disclosing
information to an Inspector General, unless the complaint was made or
the information disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
SEC. 8. REPEALER.
Clause 2 of rule VI of the Rules of the House of Representatives is
repealed. | Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives.
Sets forth the functions of the Office.
Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment.
Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations.
Sets forth the duties and responsibilities of the Inspector.
Requires each Inspector General to report annually to the Speaker and minority leader of the House.
Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse or authority, or a substantial and specific danger to the public health and safety.
Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation.
Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity.
Repeals a provision of the Rules of the House which establishes and outlines the duties of an Inspector General. | billsum_train |
Condense the following text into a summary: SECTION 1. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS
OF INDIVIDUALS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 222
as section 223 and by inserting after section 221 the following new
section:
``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the sum of the amount paid
during the taxable year for--
``(1) insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents, plus
``(2) unreimbursed prescription drug expenses paid by the
taxpayer for the taxpayer and the taxpayer's spouse and
dependents.
``(b) Limitations and Special Rules.--
``(1) Employer contributions to cafeteria plans, flexible
spending arrangements, and medical savings accounts.--Employer
contributions to a cafeteria plan, a flexible spending or
similar arrangement, or a medical savings account which are
excluded from gross income under section 106 shall be treated
for purposes of subsection (a) as paid by the employer.
``(2) Deduction not available for payment of ancillary
coverage premiums.--Any amount paid as a premium for insurance
which provides for--
``(A) coverage for accidents, disability, dental
care, vision care, or a specified illness, or
``(B) making payments of a fixed amount per day (or
other period) by reason of being hospitalized,
shall not be taken into account under subsection (a).
``(3) Coordination with deduction for health insurance and
prescription drug costs of self-employed individuals.--The
amount taken into account by the taxpayer in computing the
deduction under section 162(l) shall not be taken into account
under this section.
``(4) Coordination with medical expense deduction.--The
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.
``(c) Definitions.--For purposes of this section--
``(1) Medical care.--
``(A) In general.--The term `medical care' has the
meaning given such term by section 213(d) without
regard to--
``(i) paragraph (1)(C) thereof, and
``(ii) so much of paragraph (1)(D) thereof
as relates to qualified long-term care
insurance contracts.
``(B) Exclusion of certain other contracts.--The
term `medical care' shall not include insurance if a
substantial portion of its benefits are excepted
benefits (as defined in section 9832(c)).
``(2) Unreimbursed prescription drug expenses.--The term
`unreimbursed prescription drug expenses' means amounts paid or
incurred for a prescribed drug (as defined by section
213(d)(3)) the cost of which to the taxpayer is not reimbursed
by insurance or otherwise.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new item:
``(18) Health insurance and prescription drug costs.--The
deduction allowed by section 222.''.
(c) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 222. Health insurance and
prescription drug costs.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 2. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION
DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 (relating to general rule for allowance of
deduction for health insurance costs of self-employed individuals) is
amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to the sum of--
``(A) 100 percent of the amount paid during the
taxable year for insurance which constitutes medical
care for the taxpayer and the taxpayer's spouse and
dependents, plus
``(B) unreimbursed prescription drug expenses
(within the meaning of section 222(c)(2)) paid during
the taxable year by the taxpayer for the taxpayer and
the taxpayer's spouse and dependents.''.
(b) Clarification of Limitations on Other Coverage.--The first
sentence of section 162(l)(2)(B) of such Code is amended to read as
follows: ``Paragraph (1) shall not apply to any taxpayer for any
calendar month for which the taxpayer participates in any subsidized
health plan maintained by any employer (other than an employer
described in section 401(c)(4)) of the taxpayer or the spouse of the
taxpayer.''.
(c) Clerical Amendment.--The heading for section 162(l) of such
Code is amended by inserting ``and Prescription Drug'' after
``Insurance''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Amends the Internal Revenue Code to allow as a deduction, subject to limitations, an amount equal to the sum of the amount paid during the taxable year for: (1) insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents; plus (2) unreimbursed prescription drug expenses paid by the taxpayer for the taxpayer and the taxpayer's spouse and dependents. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passport Identity Verification
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A United States passport is an official government
document issued by the Department of State, which can be
obtained by United States nationals.
(2) A valid United States passport has many uses,
including--
(A) certifying an individual's identity and
verifying that a person is a United States national;
(B) allowing the passport holder to travel to
foreign countries with an internationally recognized
travel document;
(C) facilitating international travel;
(D) obtaining further identification documents; and
(E) setting up bank accounts.
(3) A United States national may obtain a United States
passport for the first time by applying in person to a passport
acceptance facility with 2 passport photographs, proof of
United States nationality, and a valid form of photo
identification, such as a driver's license. Passport acceptance
facilities are located throughout the United States.
(4) Because United States passports issued under a false
identity enable individuals to conceal their movements and
activities, passport fraud could facilitate--
(A) acts of terrorism;
(B) espionage; and
(C) other crimes, such as illegal immigration,
money laundering, drug trafficking, tax evasion, and
alien smuggling.
(5) Since malicious individuals may seek to exploit
potential vulnerabilities in the passport issuance process, it
is important that personnel who are involved in the granting,
refusal, revocation, or adjudication of United States passport
applications have access to certain information contained in
Federal, State, and other databases for the purpose of--
(A) verifying the identity of a passport applicant;
or
(B) detecting passport fraud.
(6) In its final report, the National Commission on
Terrorist Attacks Upon the United States (commonly known as the
``9/11 Commission'') concluded that funding and completing a
``biometric entry-exit screening system'' for travelers to and
from the United States is essential to our national security.
(7) The use of biometrics and technology for foreign
nationals who are visiting the country helps to make travel
simple, easy, and convenient for legitimate visitors and
dramatically improves the ability to detect the activities of
those who wish to do harm or violate United States laws.
SEC. 3. ACCESS TO FEDERAL, STATE, AND OTHER DATABASES.
(a) Powers and Duties of the Secretary of State.--Section 104 of
the Immigration and Nationality Act (8 U.S.C. 1104) is amended by
adding at the end the following:
``(f) Law Enforcement Activities.--Notwithstanding any other
provision of law, the powers, duties, and functions conferred upon
Department of State personnel relating to the granting, refusal,
revocation, or adjudication of passports shall be considered law
enforcement activities that involve the administration of criminal
justice (as defined in section 20.3 of title 28, Code of Federal
Regulations) when such personnel seek to--
``(1) verify the identity of a passport applicant; or
``(2) detect passport fraud.''.
(b) Data Exchange.--Section 105 of such Act (8 U.S.C. 1105) is
amended--
(1) in subsection (b), by adding at the end the following:
``(5) The Attorney General and the Director of the Federal Bureau
of Investigation, after consultation with the Secretary of State, shall
promptly implement a system, consistent with applicable security and
training protocols and requirements, that will enable Department of
State personnel designated by the Secretary of State, or by the
designee of the Secretary, who are responsible for the granting,
refusal, revocation, or adjudication of United States passports, to
have real-time access to the criminal history information contained in
the National Crime Information Center's Interstate Identification Index
(NCIC-III), including the corresponding automated criminal history
records, Wanted Person Files, and other files maintained by the
National Crime Information Center, for the purpose of verifying the
identity of the United States passport applicant, or detecting passport
fraud.
``(6) The Secretary of State, or the designee of the Secretary,
shall designate Department of State personnel who, in accordance with
this Act shall be authorized to have real-time access to the
information contained in the files described in paragraph (5), without
any fee or charge, to enable named-based and other searches to be
conducted for the purpose of verifying the identity of a passport
applicant or detecting passport fraud.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Data Sharing.--Notwithstanding any other provision of law,
the powers, duties, and functions conferred upon Department of State
personnel relating to the granting, refusal, revocation, or
adjudication of passports shall be considered law enforcement
activities that involve the administration of criminal justice (as
defined in section 20.3 of title 28, Code of Federal Regulations) when
such personnel seek to verify the identity of a passport applicant, or
seek to detect passport fraud by accessing or using information
contained in databases maintained by any Federal, State, tribal,
territory, or local government department or agency, or private entity
or organization, that contains--
``(1) criminal history information or records;
``(2) driver's license information or records;
``(3) marriage, birth, or death information or records;
``(4) naturalization and immigration records; or
``(5) other information or records that can verify the
identity of the passport applicant or can detect passport
fraud.''; and
(4) by adding at the end the following:
``(f) Data Sharing Regulations, Procedures, and Policies.--Not
later than 120 days after the date of the enactment of this subsection,
the Secretary of State shall promulgate final regulations, procedures,
and policies to govern the access by Department of State personnel to
the information contained in databases described in subsection (c).
Such regulations, procedures, and policies shall--
``(1) specify which Department of State personnel have a
need to know and will be given access to the databases or the
information contained in the databases described in subsection
(c);
``(2) require Department of State personnel who will be
given access to the databases or the information contained in
the databases described in subsection (c) to successfully
complete all ongoing training and certification requirements
for such access;
``(3) require Department of State personnel to access such
databases or the information contained in such databases--
``(A) to verify the identity of each passport
applicant; and
``(B) to detect whether the applicant has committed
or is committing passport fraud;
``(4) ensure that such databases, or the information
contained in such databases, are only accessed for the purpose
of verifying the identity of each passport applicant or
detecting passport fraud, and prohibit access for any other
purpose;
``(5) ensure that the Department of State personnel
accessing such databases or the information contained in such
databases--
``(A) do not violate the security, confidentiality,
and privacy of such databases or the information
contained in such databases; and
``(B) successfully complete all ongoing training
and certification requirements for such access;
``(6) establish audit procedures and policies to verify
that such databases or the information contained in such
databases are only being accessed for the purposes set forth in
the Passport Identity Verification Act;
``(7) require prompt reporting to appropriate Department of
State officials after each instance of--
``(A) unauthorized access to such databases or the
information contained in such databases; or
``(B) access to such databases or the information
contained in such databases for unauthorized purposes;
and
``(8) require the appropriate Department of State personnel
to conduct a regular review of--
``(A) the audit and reporting procedures and
policies to determine whether such procedures and
policies are working properly; and
``(B) the ongoing training and certification
requirements to determine whether there has been
compliance with such requirements.''.
SEC. 4. CONSULTATION AND REPORT.
(a) Consultation.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, the Attorney General,
and the United States Postmaster General, shall conduct an
analysis to determine--
(A) if persons applying for or renewing a United
States passport should provide biometric information,
including photographs that meet standards that enhance
the ability of facial recognition technology to verify
the identity of the passport applicant and user, and to
detect passport fraud; and
(B) if technology should be employed to verify the
authenticity of drivers' license and other identity
documents that are presented to passport acceptance
facilities.
(2) Factors.--In conducting the analysis under paragraph
(1), the Secretary shall consider all relevant factors,
including--
(A) how the biometric information and technology
would be used and stored;
(B) the costs and benefits to be gained; and
(C) the effect on the individual's privacy and the
economy.
(b) Report.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of State shall submit
a report to the congressional committees set forth in paragraph
(2) that contains the results of the analysis carried out under
subsection (a), including a recommendation with respect to the
use of biometric information and technology to verify the
identity of a passport applicant and user, and to detect
passport fraud.
(2) Congressional committees.--The congressional committees
set forth in this paragraph are--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the House of
Representatives;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on Homeland Security of the House
of Representatives; and
(G) the Committee on Oversight and Government
Reform of the House of Representatives. | Passport Identity Verification Act - Amends the Immigration and Nationality Act to consider as criminal law enforcement activities the powers, duties, and functions conferred upon Department of State personnel relating to the granting, refusal, revocation, or adjudication of passports when such personnel seek to: (1) verify the identity of a passport applicant; (2) detect passport fraud; or (3) verify such identity or fraud by accessing any governmental or private databases containing criminal history, driver's license information, naturalization and immigration records, marriage, birth, or death information, or other appropriate information.
Directs: (1) the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to implement a system to enable Department of State personnel responsible for such passport activities to have real-time access to the criminal history information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III) in order to verify passport applicant identity or to detect passport fraud; and (2) the Secretary of State to designate such Department personnel.
Directs the Secretary to conduct an analysis and report to Congress to determine: (1) if U.S. passport applicants or renewals should provide biometric identification information; and (2) if technology should be employed to verify identity documents. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Heroes Health Improvement Act
of 2006''.
SEC. 2. GRANTS FOR 9/11-RELATED HEALTH CARE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, shall award
grants to eligible entities to provide medical and mental health
monitoring, tracking, and treatment to individuals whose health has
been directly impacted as a result of the attacks on New York City and
at the Pentagon on September 11, 2001.
(b) Eligibility.--
(1) In general.--To be eligible to receive a grant under
subsection (a), an entity shall--
(A) be an entity--
(i) that serves individuals described in
subsection (a), including--
(I) entities providing baseline and
follow-up screening, clinical
examinations, or long-term medical or
mental health monitoring, analysis, or
treatment to such individuals such as
the Mount Sinai Center for Occupational
and Environmental Medicine of New York
City, the New York City Fire
Department's Bureau of Health Services
and Counseling Services Unit, the New
York City Police Foundation's Project
COPE, the Police Organization Providing
Peer Assistance of New York City, and
the New York City Department of Health
and Mental Hygiene's World Trade Center
Health Registry; and
(II) any entity performing medical
and mental health monitoring, tracking,
or treatment of any individual that
responded to the attacks at the
Pentagon; or
(ii) an entity not described in clause (i)
that provides similar services to the
individuals described in such clause; and
(B) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
(2) Eligible individuals.--Individuals eligible to receive
assistance from an entity under a grant under this section
shall include firefighters, police officers, paramedics,
workers, volunteers, residents, and any other individual who
worked at Ground Zero, Fresh Kills, or the Pentagon or who
lived or worked in the vicinity of such areas, and whose health
has deteriorated as a result of the attacks described in
subsection (a), and who have been evaluated by a physician or
mental health professional for 9/11-related health conditions
and need treatment for such conditions.
(c) Priority in Awarding Assistance.--An eligible entity that
receives a grant under this section shall use amounts provided under
such grant to provide assistance to individuals in the following order
of priority:
(1) Individuals who are not covered under health insurance
coverage.
(2) Individuals who need health care assistance beyond what
their health insurance coverage provides.
(3) Individuals with insufficient health care insurance
coverage.
(4) Individuals who are in need of health care coverage and
who are not described in any of paragraphs (1) through (3).
(d) Report.--Not later than 30 days after the date of enactment of
this Act, and monthly thereafter, the Director of the Centers for
Disease Control and Prevention shall submit to the Majority and
Minority Leaders of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives, a report on the use of funds under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section, $1,914,000,000 for fiscal years 2007
through 2011.
(2) Staff and administration.--The Secretary may use not to
exceed $10,000,000 of the amount appropriated under paragraph
(1) for staffing and administrative expenses related to the
implementation of this section.
(3) Use of other funds.--The Secretary may use any funds
appropriated to the Department of Health and Human Services, or
any other funds specifically designated, to carry out this
section. | 9/11 Heroes Health Improvement Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to eligible entities to provide medical and mental health monitoring, tracking, and treatment to individuals whose health has been directly impacted as a result of the attacks on New York City and at the Pentagon on September 11, 2001. Includes as eligible individuals firefighters, police officers, paramedics, workers, volunteers, residents, and any other individual who worked at Ground Zero, Fresh Kills (recovery site on Staten Island), or the Pentagon or lived or worked in the vicinity of such areas, whose health has deteriorated as a result of the attacks, and who has been evaluated by a physician or mental health professional for 9/11-related health conditions and needs treatment for such conditions. Sets the order of priority for individuals covered under this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Precision Agriculture Connectivity
Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States in
global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
SEC. 3. TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``broadband Internet access service''--
(A) means 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; and
(B) also encompasses any service that the
Commission finds to be providing a functional
equivalent of the service described in subparagraph
(A);
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Department'' means the Department of
Agriculture;
(4) the term ``Secretary'' means the Secretary of
Agriculture; and
(5) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under subsection
(b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task Force
for Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States.
(c) Duties.--
(1) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(A) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(B) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(C) promote effective policy and regulatory
solutions that encourage the adoption of broadband
Internet access service on farms and ranches and
promote precision agriculture;
(D) recommend specific new rules or amendments to
existing rules of the Commission that the Commission
should issue to achieve the goals and purposes of the
policy recommendations described in subparagraph (B);
(E) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from future programs of the Commission
dedicated to the deployment of broadband Internet
access service, to unserved agricultural land in need
of broadband Internet access service; and
(F) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
future programs of the Commission dedicated to the
infrastructure deployment of broadband Internet access
service and to direct available funding to unserved
agricultural land where needed.
(2) No duplicate data reporting.--In performing the duties
of the Commission under paragraph (1), the Commission shall
ensure that no provider of broadband Internet access service is
required to report data to the Commission that is, on the day
before the date of enactment of this Act, required to be
reported by the provider of broadband Internet access service.
(3) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the Commission'',
as used in subparagraphs (E) and (F) of paragraph (1), to
include the universal service programs of the Commission
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(4) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
paragraph (1).
(5) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(d) Membership.--
(1) In general.--The Task Force shall be--
(A) composed of not more than 15 voting members who
shall--
(i) be selected by the Chairman of the
Commission, in consultation with the Secretary;
and
(ii) include--
(I) agricultural producers
representing diverse geographic regions
and farm sizes, including owners and
operators of farms of less than 100
acres;
(II) an agricultural producer
representing tribal agriculture;
(III) Internet service providers,
including regional or rural fixed and
mobile broadband Internet access
service providers and
telecommunications infrastructure
providers;
(IV) representatives from the
electric cooperative industry;
(V) representatives from the
satellite industry;
(VI) representatives from precision
agriculture equipment manufacturers,
including drone manufacturers,
manufacturers of autonomous
agricultural machinery, and
manufacturers of farming robotics
technologies;
(VII) representatives from State
and local governments; and
(VIII) representatives with
relevant expertise in broadband network
data collection, geospatial analysis,
and coverage mapping; and
(B) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Task Force
appointed under paragraph (1)(A) shall serve for a
single term of 2 years.
(B) Vacancies.--Any vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(e) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(1) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(2) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(3) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(f) Termination.--The Commission shall renew the Task Force every 2
years until the Task Force terminates on January 1, 2025.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized.
Passed the House of Representatives July 23, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Precision Agriculture Connectivity Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force's duties include: identifying and measuring current gaps in the availability of broadband Internet access service on agricultural land; developing policy recommendations to promote the rapid, expanded deployment of fixed and mobile broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95% of agricultural land in the United States by 2025; promoting effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture; recommending specific new rules or amendments to existing FCC rules; recommending specific steps that the FCC should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as necessary to target funding support, from future FCC programs dedicated to the deployment of such service, to unserved agricultural land; and recommending specific steps that the FCC should consider to ensure that the expertise of the Department of Agriculture (USDA) and available farm data are reflected in such future FCC programs. USDA and the FCC shall jointly submit to the task force a list of all federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land. The task force must submit annually to the FCC a report that details: (1) the status of fixed and mobile broadband Internet access service coverage of agricultural land; (2) the projected future connectivity need of agricultural operations, farmers, and ranchers; and (3) steps taken to accurately measure the availability of broadband Internet access service on agricultural land and the limitations of current measurement processes. The FCC shall renew the task force every two years until it terminates on January 1, 2025. (Sec. 4) No additional funds are authorized to carry out this bill. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Research Investment Act of
2001''.
SEC. 2. INCREASE IN LIMITATION ON CHARITABLE DEDUCTION FOR
CONTRIBUTIONS FOR MEDICAL RESEARCH.
(a) In General.--Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 (relating to percentage limitations) is amended by
adding at the end the following new subparagraph:
``(G) Special limitation with respect to certain
contributions for medical research.--
``(i) In general.--Any medical research
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the lesser of--
``(I) 80 percent of the taxpayer's
contribution base for any taxable year,
or
``(II) the excess of 80 percent of
the taxpayer's contribution base for
the taxable year over the amount of
charitable contributions allowable
under subparagraphs (A) and (B)
(determined without regard to
subparagraph (C)).
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation of such clause, such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
medical research contribution in each of the 10
succeeding taxable years in order of time.
``(iii) Treatment of capital gain
property.--In the case of any medical research
contribution of capital gain property (as
defined in subparagraph (C)(iv)), subsection
(e)(1) shall apply to such contribution.
``(iv) Medical research contribution.--For
purposes of this subparagraph, the term
`medical research contribution' means a
charitable contribution--
``(I) to an organization described
in clauses (ii), (iii), (v), or (vi) of
subparagraph (A), and
``(II) which is designated for use
in conducting medical research.
``(v) Medical research.--For purposes of
this subparagraph, the term `medical research'
has the meaning given such term under the
regulations promulgated under subparagraph
(A)(ii), as in effect on the date of the
enactment of this subparagraph.''.
(b) Conforming Amendments.--
(1) Section 170(b)(1)(A) of the Internal Revenue Code of
1986 is amended in the matter preceding clause (i) by inserting
``(other than a medical research contribution)'' after
``contribution''.
(2) Section 170(b)(1)(B) of such Code is amended by
inserting ``or a medical research contribution'' after
``applies''.
(3) Section 170(b)(1)(C)(i) of such Code is amended by
striking ``subparagraph (D)'' and inserting ``subparagraph (D)
or (G)''.
(4) Section 170(b)(1)(D)(i) of such Code is amended--
(A) in the matter preceding subclause (I), by
inserting ``or a medical research contribution'' after
``applies'', and
(B) in the second sentence, by inserting ``(other
than medical research contributions)'' before the
period.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) to contributions made in taxable years beginning after
December 31, 2001, and
(2) to contributions made on or before December 31, 2001,
but only to the extent that a deduction would be allowed under
section 170 of the Internal Revenue Code of 1986 for taxable
years beginning after December 31, 1999, had section
170(b)(1)(G) of such Code (as added by this section) applied to
such contributions when made.
SEC. 3. TREATMENT OF CERTAIN INCENTIVE STOCK OPTIONS.
(a) AMT Adjustments.--Section 56(b)(3) of the Internal Revenue Code
of 1986 (relating to treatment of incentive stock options) is amended--
(1) by striking ``Section 421'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), section 421'', and
(2) by adding at the end the following new subparagraph:
``(B) Exception for certain medical
research stock.--
``(i) In general.--This paragraph
shall not apply in the case of a
medical research stock transfer of
stock acquired pursuant to the exercise
of an incentive stock option occurring
within the same taxable year as the
exercise.
``(ii) Medical research stock
transfer.--For purposes of clause (i),
the term `medical research stock
transfer' means a transfer--
``(I) of stock which is
traded on an established
securities market, and
``(II) which is a medical
research contribution (as
defined in section
170(b)(1)(G)(iv)).''.
(b) Nonrecognition of Certain Incentive Stock Options.--Section
422(c) of the Internal Revenue Code of 1986 (relating to special rules)
is amended by adding at the end the following new paragraph:
``(8) Medical research contributions.--For purposes of this
section and section 421, the transfer of a share of stock which
is a medical research stock transfer (as defined in section
56(b)(3)(B)) shall be treated as meeting the requirements of
subsection (a)(1).''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers of stock made after the date of the enactment of
this Act. | Medical Research Investment Act of 2001 - Amends the Internal Revenue Code to provide a special limitation for charitable contributions for medical research. Permits the carryover (for 10 succeeding years) of any excess of such contribution.Provides for the special treatment of medical research incentive stock options. | billsum_train |
Summarize the following text: FROM INTERNAL REVENUE SERVICE FOR IDENTITY
THEFT VICTIMS.
Not later than 90 days after an individual notifies the Secretary
of the Treasury that such individual's identity has been misused by
another person in connection with the internal revenue laws, the
Secretary shall, to the extent practicable, determine the extent to
which the taxpayer's return and return information were affected by
such misuse and shall take such actions as are necessary to correct
such affected return or return information with respect to such misuse.
SEC. 3. DISCLOSURE OF RETURN AND RETURN INFORMATION IN FEDERAL AND
STATE PROSECUTION RELATING TO IDENTITY FRAUD.
(a) In General.--Subsection (k) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(11) Disclosure of certain return information in
connection with identity theft and fraudulent returns.--
``(A) In general.--In the case of an investigation
pertaining to the misuse of the identity of another
person for purposes of filing a false or fraudulent
return of tax, upon receipt of a written request which
meets the requirements of subparagraph (C), the
Secretary may disclose return information to officers
and employees of any Federal law enforcement agency, or
any officers and employees of any State or local law
enforcement agency, who are personally and directly
engaged in the investigation of any crimes implicated
in such misuse, but only if any such law enforcement
agency is part of a team with the Internal Revenue
Service in such investigation.
``(B) Limitation on use of information.--
Information disclosed under this subparagraph shall be
solely for the use of such officers and employees to
whom such information is disclosed in such
investigation.
``(C) Requirements.--A request meets the
requirements of this clause if--
``(i) the request is made by the head of
the agency (or his delegate) involved in such
investigation, and
``(ii) the request sets forth the specific
reason why such disclosure may be relevant to
the investigation.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 6103(a) of such Code is
amended by inserting ``or (k)(11)'' after ``subsection
(i)(7)(A)''.
(2) Paragraph (4) of section 6103(p) of such Code is
amended in the matter preceding subparagraph (A) by inserting
``or (11)'' after ``(k)(10)''.
(3) Paragraph (2) of section 7213(a) of such Code is
amended by inserting ``(k)(11),'' after ``(7)(A)(i),''.
(c) Effective Date.--The amendments made by this section shall
apply to disclosures after the date of the enactment of this Act.
SEC. 4. CRIMINAL PENALTY FOR USING A FALSE IDENTITY IN CONNECTION WITH
TAX FRAUD.
(a) In General.--Section 7207 of the Internal Revenue Code of 1986
is amended--
(1) by striking ``Any person who willfully'' and inserting
the following:
``(a) In General.--Any person who willfully'',
(2) by striking ``Any person required'' and inserting the
following:
``(b) Information in Connection With Certain Exempt
Organizations.--Any person required'', and
(3) by adding at the end the following:
``(c) Misappropriation of Identity.--Any person who knowingly or
willfully misappropriates another person's tax identification number in
connection with any list, return, account, statement, or other document
submitted to the Secretary shall be fined not less than $25,000
($200,000 in the case of a corporation), or imprisoned not more than 5
years, or both, together with the costs of prosecution.''.
(b) Effective Date.--The amendments made by this section shall
apply to returns and information submitted after the date of the
enactment of this Act.
SEC. 5. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF INFORMATION
BY PREPARERS OF RETURNS.
(a) In General.--Section 6713(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``$250'' and inserting ``$1,000'', and
(2) by striking ``$10,000'' and inserting ``$50,000''.
(b) Criminal Penalty.--Section 7216(a) of the Internal Revenue Code
of 1986 is amended by striking ``$1,000'' and inserting ``$100,000''.
(c) Effective Date.--The amendments made by this section shall
apply to disclosures or uses after the date of the enactment of this
Act.
SEC. 6. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall implement an identify theft tax fraud
prevention program under which--
(1) a person who has filed an identity theft affidavit with
the Secretary may elect--
(A) to be provided with a unique personal
identification number to be included on any Federal tax
return filed by such person, or
(B) to prevent the processing of any Federal tax
return submitted in an electronic format by a person
purporting to be such person, and
(2) the Secretary will provide additional identity
verification safeguards for the processing of any Federal tax
return filed by a person described in paragraph (1) in cases
where a unique personal identification number is not included
on the return.
SEC. 7. AUTHORITY TO TRANSFER INTERNAL REVENUE SERVICE APPROPRIATIONS
TO USE FOR TAX FRAUD ENFORCEMENT.
For any fiscal year, the Commissioner of Internal Revenue may
transfer not more than $10,000,000 to the ``Enforcement'' account of
the Internal Revenue Service from amounts appropriated to other
Internal Revenue Service accounts. Any amounts so transferred shall be
used solely for the purposes of preventing and resolving potential
cases of tax fraud.
SEC. 8. LOCAL LAW ENFORCEMENT LIAISON.
(a) Establishment.--The Commissioner of Internal Revenue shall
establish within the Criminal Investigation Division of the Internal
Revenue Service the position of Local Law Enforcement Liaison.
(b) Duties.--The Local Law Enforcement Liaison shall--
(1) coordinate the investigation of tax fraud with State
and local law enforcement agencies;
(2) communicate the status of tax fraud cases involving
identity theft, and
(3) carry out such other duties as delegated by the
Commissioner of Internal Revenue.
SEC. 9. REPORT ON TAX FRAUD.
Subsection (a) of section 7803 of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(4) Annual report on tax fraud.--The Commissioner shall
submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives an
annual report detailing--
``(A) the number of reports of tax fraud and
suspected tax fraud received from State and local law
enforcement agencies in the preceding year, and
``(B) the actions taken in response to such
reports.''.
SEC. 10. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX
PREPARATION SOFTWARE IN TAX FRAUD.
(a) In General.--The Comptroller General shall conduct a study to
examine the role of prepaid debit cards and commercial tax preparation
software in facilitating fraudulent tax returns through identity theft.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report with the results of the study conducted
under subsection (a), together with any recommendations.
SEC. 11. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.
(a) In General.--The Secretary of Commerce shall not disclose
information contained on the Death Master File to any person with
respect to any individual who has died at any time during the calendar
year in which the request for disclosure is made or the succeeding
calendar year unless such person is certified under the program
established under subsection (b).
(b) Certification Program.--
(1) In general.--The Secretary of Commerce shall establish
a program to certify persons who are eligible to access the
information described in subsection (a) contained on the Death
Master File.
(2) Certification.--A person shall not be certified under
the program established under paragraph (1) unless the
Secretary determines that such person has a legitimate fraud
prevention interest in accessing the information described in
subsection (a).
(c) Imposition of Penalty.--Any person who is certified under the
program established under subsection (b), who receives information
described in subsection (a), and who during the period of time
described in subsection (a)--
(1) discloses such information to any other person, or
(2) uses any such information for any purpose other than to
detect or prevent fraud,
shall pay a penalty of $1,000 for each such disclosure or use, but the
total amount imposed under this subsection on such a person for any
calendar year shall not exceed $50,000.
(d) Exemption From Freedom of Information Act Requirement With
Respect to Certain Records of Deceased Individuals.--
(1) In general.--The Social Security Administration shall
not be compelled to disclose to any person who is not certified
under the program established under section 9(b) the
information described in section 9(a).
(2) Treatment of information.--For purposes of section 552
of title 5, United States Code, this section shall be
considered a statute described in subsection (b)(3)(B) of such
section 552.
SEC. 12. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION
TO PRISON OFFICIALS.
(a) In General.--Section 6103(k)(10) of the Internal Revenue Code
of 1986 is amended by striking subparagraph (D).
(b) Report From Federal Bureau of Prisons.--Not later than 6 months
after the date of the enactment of this Act, the head of the Federal
Bureau of Prisons shall submit to Congress a detailed plan on how it
will use the information provided from the Secretary of Treasury under
section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce
prison tax fraud.
(c) Sense of Senate Regarding State Prison Authorities.--It is the
sense of the Senate that the heads of State agencies charged with the
administration of prisons should --
(1) develop plans for using the information provided by the
Secretary of Treasury under section 6103(k)(10) of the Internal
Revenue Code of 1986 to reduce prison tax fraud, and
(2) coordinate with the Internal Revenue Service with
respect to the use of such information.
SEC. 13. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT
TO IDENTITY THEFT.
(a) Review.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall review whether current Federal tax
laws and regulations related to the confidentiality and
disclosure of return information prevent the effective
enforcement of local, State, and Federal identity theft
statutes. The review shall consider whether greater information
sharing between the Internal Revenue Service and State and
local law enforcement authorities would improve the enforcement
of criminal laws at all levels of government.
(2) Consultation.--In conducting the review under paragraph
(1), the Secretary shall solicit the views of, and consult
with, State and local law enforcement officials.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a report with the results of the
review conducted under subsection (a), along with any legislative
recommendations, to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives.
SEC. 14. GRANTS TO INVESTIGATE AND PROSECUTE STATE AND LOCAL TAX
CRIMES.
(a) Grant Program Authorized.--The Attorney General is authorized
to award grants to State and local law enforcement agencies to assist
such agencies in the investigation and prosecution of tax crimes.
(b) Authorization of Appropriations.--For each fiscal year, there
are authorized to be appropriated to carry out this section, from
amounts made available in each such fiscal year to carry out the Edward
Byrne Memorial Justice Assistance Grants program under part E of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3750 et seq.), $50,000,000. | Tax Crimes and Identity Theft Prevention Act - Requires the Secretary of the Treasury to take necessary action to correct a tax return or tax information affected by the misuse of a taxpayer's identity within 90 days after receiving notice of such misuse from the taxpayer.
Amends the Internal Revenue Code to: (1) authorize the Secretary to disclose tax return information to federal, state, and local law enforcement personnel who are personally and directly engaged in the investigation of identity theft; (2) impose a fine and/or prison term on any person who knowingly or willfully misappropriates another person's tax identification number; (3) increase the civil and criminal penalties for improper disclosure or use of tax information by tax return preparers; (4) require the Commissioner of the Internal Revenue Service (IRS) to report to Congress on the number of reported tax fraud cases and on actions taken in response to such reports; and (5) require the head of the Federal Bureau of Prisons to submit to Congress a detailed plan on how it will use tax information provided by the IRS to reduce prison tax fraud.
Directs the Secretary to: (1) implement an identity theft tax fraud prevention program that provides for a unique personal identification number (PIN) on tax returns; and (2) review whether current federal tax law prevents the effective enforcement of local, state, and federal identity theft statutes.
Authorizes the Commissioner to transfer appropriated funds to be used solely to prevent and resolve potential tax fraud cases.
Directs the Commissioner to establish in the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies.
Directs the Comptroller General to study and report on the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft.
Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information.
Authorizes the Attorney General to award grants to state and local law enforcement agencies for the investigation and prosecution of tax crimes. | billsum_train |
Make a summary of the following text: That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008, and for
other purposes, namely:
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'', for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $2,835,000,000, to remain available
until expended: Provided, That such sums shall not be available until
October 1, 2008: Provided further, That the Secretary of the Army is
directed to use $1,997,000,000 of the funds provided herein to modify
authorized projects in southeast Louisiana to provide hurricane, storm
and flood damage reduction in the greater New Orleans and surrounding
areas to the levels of protection necessary to achieve the
certification required for participation in the National Flood
Insurance Program under the base flood elevations current at the time
of enactment of this Act, and shall use $1,077,000,000 of those funds
for the Lake Pontchartrain and Vicinity project and $920,000,000 of
those funds for the West Bank and Vicinity project: Provided further,
That, in addition, $838,000,000 of the funds provided herein shall be
for elements of Southeast Louisiana Urban Drainage project within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects, to provide for interior drainage
of runoff from rainfall with a 10 percent annual exceedance
probability: Provided further, That the amounts provided here in shall
be subject to a 65 percent Federal / 35 percent non-Federal cost share
for the specified purposes: Provided further, That beginning not later
than 60 days after the date of enactment of this Act, the Chief of
Engineers, acting through the Assistant Secretary of the Army for Civil
Works, shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these fund: Provided further, That the
amount under this heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to subsection (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the concurrent
resolution on the budget for fiscal year 2008.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$2,926,000,000, to remain available until expended: Provided, That such
sums shall not be available until October 1, 2008: Provided further,
That funds provided herein shall be used to reduce the risk of
hurricane and storm damages to the greater New Orleans metropolitan
area, at full Federal expense, for the following: $704,000,000 shall be
used to modify the 17th Street, Orleans Avenue and London Avenue
drainage canals and install pumps and closure structures at or near the
lakefront; $90,000,000 shall be used for storm-proofing interior pump
stations to ensure the operability of the stations during hurricanes,
storms, and high water events; $459,000,000 shall be used for armoring
critical elements of the New Orleans hurricane and storm damage
reduction system; $53,000,000 shall be used to improve protection at
the Inner Harbor Navigation Canal; $456,000,000 shall be used to
replace or modify certain non-Federal levees in Plaquemines Parish to
incorporate the levees into the existing New Orleans to Venice
hurricane protection project; $412,000,000 shall be used for
reinforcing or replacing flood walls, as necessary, in the existing
Lake Pontchartrain and Vicinity project and the existing West Bank and
Vicinity project to improve the performance of the systems;
$393,000,000 shall be used for repair and restoration of authorized
protections and floodwalls; and $359,000,000 shall be used to complete
the authorized protection for the Lake Pontchartrain and Vicinity
Project and for the West Bank and Vicinity Project: Provided further,
That beginning not later than 60 days after the date of enactment of
this Act, the Chief of Engineers, acting through the Assistant
Secretary of the Army for Civil Works, shall provide monthly reports to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the allocation and obligation of these funds:
Provided further, That any project using funds appropriated under this
heading shall be initiated only after non-Federal interests have
entered into binding agreements with the Assistant Secretary of the
Army for Civil Works requiring the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of completed elements and to hold and save the
United States free from damages due to the construction, operation, and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That the expenditure of funds as provided above may be made without
regard to individual amounts or purposes except that any reallocation
of funds that is necessary to accomplish the established goals is
authorized, subject to the approval of the House and Senate Committees
on Appropriations: Provided further, That the amount under this heading
is designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsection (a) and (b) of section 204 of S.
Con. Res. 21 (110th Congress), the concurrent resolution on the budget
for fiscal year 2008. | Makes emergency supplemental FY2008 appropriations for disaster relief and recovery related to Hurricanes Katrina, Wilma, Dennis, and Rita to the Department of Defense (Civil) for construction, flood control, and coastal emergencies. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs Creation Act of
2004''.
SEC. 2. CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CREDIT FOR INCREASING EMPLOYMENT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible employer, the increased employment credit for any taxable year
shall be an amount equal to 50 percent of the excess of--
``(1) the aggregate unemployment insurance wages paid
during the calendar year ending during such taxable year, over
``(2) 102 percent of the aggregate unemployment insurance
wages paid during the preceding calendar year.
``(b) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer having gross receipts for the taxable year of less
than $25,000,000.
``(2) Gross receipts.--For purposes of this subsection,
gross receipts for any taxable year shall be reduced by returns
and allowances made during the taxable year.
``(c) Minimum Preceding Year Wages.--For purposes of determining
the amount of the credit under subsection (a) with respect to any
calendar year, the amount described in subsection (a)(2) shall be
deemed to be not less than 50 percent of the amount of such wages paid
during such preceding calendar year.
``(d) Total Wages Must Increase.--The amount of the credit
determined under this section for any taxable year shall not exceed the
amount which would be determined for such year under subsection (a)
(without regard to subsection (b)) if--
``(1) the aggregate amounts taken into account as
unemployment insurance wages were determined without any dollar
limitation, and
``(2) `105 percent' were substituted for `102 percent' in
subsection (a).
``(e) $100,000 Per Year Limitation on Credit.--The amount of the
credit determined under this section for any employer with respect to
any calendar year shall not exceed $100,000.
``(f) Unemployment Insurance Wages.--For purposes of this section,
the term `unemployment insurance wages' has the meaning given to the
term `wages' by section 3306(b).
``(g) Special Rules.--Rules similar to the following rules shall
apply for purposes of this section:
``(1) Section 51(g) (relating to United States Employment
Service to notify employers of availability of credit).
``(2) Section 51(h)(1) (relating to special rules for
agricultural labor and railway labor).
``(3) Section 52 (relating to special rules for work
opportunity credit).
``(4) Section 41(f) (relating to adjustments for certain
acquisitions, etc.).
``(h) Other Special Rules.--
``(1) Change in status from self-employed to employee.--
If--
``(A) during any calendar year an individual has
net earnings from self-employment (as defined in
section 1402(a)) which are attributable to a trade or
business, and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate unemployment insurance wages for the
calendar year preceding the calendar year referred to in
subparagraph (A) shall be increased by an amount equal to so
much of the net earnings referred to in subparagraph (A) as
does not exceed $7,000.
``(2) $50,000 limitation in the case of married individuals
filing separate returns.--In the case of a husband or wife who
files a separate return, the limitation under subsection (e)
shall be $50,000 in lieu of $100,000. This subsection shall not
apply if the spouse of the taxpayer has no interest in a trade
or business for the taxable year of such spouse which ends
within or with the taxpayer's taxable year.
``(i) Termination.--This section shall not apply to any taxable
year beginning after 2009.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45G(a),'' after ``45A(a),''.
(c) Credit Treated as Business Credit.--Subsection (b) of section
38 of such Code is amended by striking ``plus'' at the end of paragraph
(14), by striking the period at the end of paragraph (15) and inserting
``, plus'', and by adding at the end the following:
``(16) the increased employment credit determined under
section 45G(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter I is amended by adding at the end
the following:
``Sec. 45G. Credit for increasing
employment.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Small Business Jobs Creation Act of 2004 - Amends the Internal Revenue Code to allow an employer with annual gross receipts of less than $25 million a business tax credit for 50 percent of the excess of unemployment insurance wages paid in the current year over 102 percent of such wages paid during the preceding calendar year. Limits the annual amount of such credit to $100,000. Terminates the credit after 2009. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sensible Estate Tax Act of 2016''.
SEC. 2. ESTATE AND GIFT TAX RETURNED TO 2009 LEVELS.
(a) Estate Tax.--
(1) Rate schedule.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to
which the tentative
tax to be computed is: The tentative tax is:
Not over $10,000...............
18% of such amount.
Over $10,000 but not over
$20,000.
$1,800, plus 20 percent of the
excess of such amount
over $10,000.
Over $20,000 but not over
$40,000.
$3,800, plus 22% of the excess
of such amount over
$20,000.
Over $40,000 but not over
$60,000.
$8,200, plus 24% of the excess
of such amount over
$40,000.
Over $60,000 but not over
$80,000.
$13,000, plus 26% of the excess
of such amount over
$60,000.
Over $80,000 but not over
$100,000.
$18,200, plus 28% of the excess
of such amount over
$80,000.
Over $100,000 but not over
$150,000.
$23,800, plus 30% of the excess
of such amount over
$100,000.
Over $150,000 but not over
$250,000.
$38,800, plus 32% of the excess
of such amount over
$150,000.
Over $250,000 but not over
$500,000.
$70,800, plus 34% of the excess
of such amount over
$250,000.
Over $500,000 but not over
$750,000.
$155,800, plus 37% of the
excess of such amount
over $500,000.
Over $750,000 but not over
$1,000,000.
$248,300, plus 39% of the
excess of such amount
over $750,000.
Over $1,000,000 but not over
$1,250,000.
$345,800, plus 41% of the
excess of such amount
over $1,000,000.
Over $1,250,000 but not over
$1,500,000.
$448,300, plus 43% of the
excess of such amount
over $1,250,000.
Over $1,500,000................
$555,800, plus 45% of the
excess of such amount
over $1,500,000.''.
(2) Exemption amount.--Paragraph (3) of section 2010(c) of
such Code is amended to read as follows:
``(3) Basic exclusion amount.--For purposes of this
subsection, the basic exclusion amount is $3,500,000.''.
(b) Gift Tax.--
(1) Limitation on basic exclusion amount for purposes of
determining applicable credit amount.--Paragraph (1) of section
2505(a) of the Internal Revenue Code of 1986 is amended by
inserting ``(determined as if the basic exclusion amount were
$1,000,000 and the deceased spousal unused exclusion amount was
modified under subsection (d))'' after ``calendar year''.
(2) Modification of deceased spousal unused exclusion
amount.--Section 2505 of such Code is amended by adding at the
end the following:
``(d) Modification of Deceased Spousal Unused Exclusion Amount.--In
the case of a surviving spouse who is the last spouse of the decedent
with respect to whom an election is made under section 2010(c)(5), the
deceased spousal unused exclusion amount with respect to such surviving
spouse shall be determined as if such amount were the lesser of--
``(1) $1,000,000, and
``(2) applicable exclusion amount of the decedent reduced
by the amount with respect to which the tentative tax is
determined under section 2001(b)(1) on the estate of the
decedent.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2016. | Sensible Estate Tax Act of 2016 This bill amends the Internal Revenue Code to modify the estate and gift taxes. For the estate tax, the bill increases the rates and decreases the amount that is excluded from the tax. For the gift tax, the bill establishes a separate lifetime exclusion amount. (Under current law, the estate and gift taxes share a unified exclusion amount.) | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Specialty Crop Mechanization Prize
Challenge of 2018''.
SEC. 2. SPECIALTY CROP MECHANIZATION CHALLENGES.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Agriculture shall establish a program to
be known as ``Specialty Crop Mechanization Challenges'' for carrying
out prize competitions described under subsection (c) pursuant to
section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719) relating to the mechanization of specialty crop
production.
(b) Prize Committees.--
(1) In general.--The Secretary shall assemble a prize
committee with respect to each prize competition that shall
define the scope and detail of, and provide the requirements
for, the prize competitions under this section. Such committee
shall be composed of--
(A) representatives of the specialty crop industry,
with at least a plurality of committee members from
sectors of the specialty crop industry that are labor-
intensive and lack adequate mechanization technology;
(B) members from the Federal agency, department, or
office that most appropriately corresponds with the
topic of the prize competition; and
(C) representatives of any other entities, as
determined appropriate by the Secretary, including
State and local governments and institutions of higher
education.
(2) Incentive for prize competition.--The prize committee
for each prize competition shall determine the incentive for
the prize competition. In determining the incentive, the
committee shall consider--
(A) a cash prize;
(B) access to Government facilities, a cooperative
research and development agreement, or other method;
and
(C) any other incentive provided for by law.
(3) Judging criteria.--The prize committee for each prize
competition shall establish judging criteria for the
competition that shall include, at a minimum--
(A) potential for the solution to become a
commercial product or service to further the public
good;
(B) consideration of how likely the solution is to
lead to subsequent research, development, or
manufacturing in the United States;
(C) the degree to which the solution will alleviate
stresses on the agricultural workforce and allow them
to work more efficiently;
(D) the degree to which the solution will alleviate
burdens on agricultural producers, shippers, and
packers facing labor shortages; and
(E) the degree to which the solution will reduce
losses of fresh fruit and vegetables due to lack of
available workers to manage and harvest crops.
(4) Consideration.--In carrying out this section, the
committee shall take into consideration the best practices
provided for in the challenges and prizes toolkit made publicly
available on December 15, 2016, by the General Services
Administration.
(c) Prize Competitions.--In carrying out the program, the Secretary
shall provide for prize competitions, including at least one prize
competition on each of the following:
(1) Planting.--Solutions to automate or alleviate stresses
on the workforce during the planting of specialty crops
including, but not limited to, the planting of seeds,
seedlings, and plants being transferred from nurseries or
greenhouses to the field.
(2) Crop management.--Solutions to automate or alleviate
stresses on the workforce when conducting tasks associated with
the management of specialty crops including, but not limited
to, weeding, pest management, and the application of crop
protectants.
(3) Harvesting.--Solutions to automate or alleviate
stresses on the workforce related to the harvesting of
specialty crops.
(4) Packaging.--Solutions to automate or alleviate stresses
on the workforce when processing and preparing specialty crops
for distribution.
(d) Acceptance of Funds.--In addition to such sums as may be
appropriated or otherwise made available to the Secretary to award
prizes under this section, the Secretary may accept funds from other
Federal agencies, private sector entities, institutions of higher
education, and State and local governments to award prizes under this
section. The Secretary may not give any special consideration relating
to the selection of awards under the prize competition to any private
sector entity or individual in return for a donation to the Secretary
or prize committee.
(e) Eligibility.--Notwithstanding section 24(g)(3) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(g)(3)), for a group to be eligible for an award under this
section, at least one member of such group shall be a citizen or
permanent resident of the United States.
(f) Completion of Prize Competitions.--The prize competitions
carried out under this section shall be completed not later than the
date that is 5 years after the program is established under subsection
(a).
(g) GAO Report.--Not later than the date of completion under
subsection (f), the Comptroller General of the United States shall
submit to Congress a report on the impact and the effectiveness of the
program carried out under this section.
(h) Specialty Crop Defined.--In this section, the term ``specialty
crop'' has the meaning given the term in section 3(1) of the Specialty
Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note).
(i) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this Act, to remain available
until expended. | Specialty Crop Mechanization Prize Challenge of 2018 This bill requires the Department of Agriculture (USDA) to establish a Specialty Crop Mechanization Challenges program to carry out prize competitions for the mechanization of specialty crop production. (Specialty crops are fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops, including floriculture.) The program must include at least one prize competition for solutions to automate or alleviate stresses on the workforce during each of the following: the planting of specialty crops, tasks associated with the management of specialty crops, the harvesting of specialty crops, and processing and preparing specialty crops for distribution. USDA must assemble prize committees to determine the scope, details, requirements, judging criteria, and incentives for each competition. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Anti-Fraud Act of 1993''.
TITLE I--RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS
SEC. 101. USE OF APPLICATION INFORMATION.
Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is
amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second and third sentences as
subparagraphs (A) and (C), respectively, of paragraph (2); and
(3) in paragraph (2)--
(A) in subparagraph (A) (as so designated), by
inserting before the period at the end the following:
``or officers or employees of Federal or State law
enforcement or investigative agencies for purposes of
administering or enforcing the provisions of this Act
or any other Federal or State law and the regulations
issued under this Act or such law'';
(B) by inserting after subparagraph (A) (as so
designated) the following new subparagraph:
``(B) An officer or employee described in subparagraph (A) who
publishes, divulges, discloses, or makes known in any manner or to any
extent not authorized by law any information obtained under the
authority granted by this subsection shall be subject to section 1905
of title 18, United States Code.''; and
(C) in subparagraph (C) (as so designated), by
striking ``Such purposes'' and inserting ``The purposes
referred to in subparagraph (A)''.
SEC. 102. PENALTIES FOR TRAFFICKING IN FOOD STAMPS.
Section 12(b)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2021(b)(3)(B)) is amended by striking ``(except that the amount of
civil money penalties imposed during a 2-year period may not exceed
$40,000)''.
SEC. 103. PENALTIES FOR STORES FOR TRADING FIREARMS, AMMUNITION,
EXPLOSIVES, OR CONTROLLED SUBSTANCES FOR FOOD STAMPS.
Section 12(b)(3)(C) of the Food Stamp Act of 1977 (7 U.S.C.
2021(b)(3)(C)) is amended by striking ``(except that the amount of
civil money penalties imposed during a 2-year period may not exceed
$40,000)''.
SEC. 104. USE OF TAXPAYER IDENTIFICATION NUMBERS.
(a) Social Security Account Numbers.--Clause (iii) of section
205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iii))
(as added by section 1735(a)(3) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3791)) is
amended--
(1) in the second sentence--
(A) by inserting after ``Department of
Agriculture'' the following: ``, or officer or employee
of a Federal or State law enforcement or investigative
agency,''; and
(B) by inserting before the period at the end the
following: ``or for the administration or enforcement
of such Act or any other Federal or State law''; and
(2) in the third sentence, by inserting before the period
at the end the following: ``or officers and employees of
Federal or State law enforcement or investigative agencies
whose duties or responsibilities require access for the
administration or enforcement of such Act or any other Federal
or State law''.
(b) Employer Identification Numbers.--Section 6109(f) of the
Internal Revenue Code of 1986 (relating to access to employer
identification numbers by the Secretary of Agriculture for purposes of
the Food Stamp Act of 1977) is amended--
(1) in the second sentence of paragraph (1)--
(A) by inserting after ``Secretary of Agriculture''
the following: ``, or an officer or employee of a
Federal or State law enforcement or investigative
agency,''; and
(B) by inserting before the period at the end the
following: ``or for the administration or enforcement
of such Act or any other Federal or State law''; and
(2) in the first sentence of paragraph (2), by inserting
before the period at the end the following: ``or officers and
employees of Federal or State law enforcement or investigative
agencies whose duties or responsibilities require access for
the administration or enforcement of such Act or any other
Federal or State law''.
TITLE II--MISCELLANEOUS
SEC. 201. PERMANENT DISQUALIFICATION OF RECIPIENTS FOR TRADING
FIREARMS, AMMUNITION, EXPLOSIVES, OR CONTROLLED
SUBSTANCES FOR FOOD STAMPS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1))
is amended by striking clause (iii) and inserting the following new
clause:
``(iii) permanently upon--
``(I) the third occasion of any such determination
(except as provided in subclause (II)); or
``(II) the first occasion of a finding of the
trading of firearms, ammunition, explosives, or
controlled substances (as the term is defined in
section 802 of title 21, United States Code) for
coupons.''.
SEC. 202. USE OF PENALTIES COLLECTED FROM RETAIL FOOD STORES AND
WHOLESALE FOOD CONCERNS.
Section 18 of the Food Stamp Act of 1977 (7 U.S.C. 2027) is amended
by adding at the end the following new subsection:
``(g) Funds collected from claims against retail food stores or
wholesale food concerns under section 12 shall--
``(1) be credited to the food stamp program appropriation
account for the fiscal year in which the collection occurs, and
remain available until expended; and
``(2) be used for investigation and enforcement activities
under this Act relating to retail food stores and wholesale
food concerns.''.
TITLE III--EFFECTIVE DATES
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall become effective and implemented not
later than 120 days after the date of issuance of final regulations by
the Secretary of Agriculture to carry out the amendments.
(b) Exceptions.--The amendments made by sections 102, 103, and 202
shall become effective on the date of enactment of this Act. | TABLE OF CONTENTS:
Title I: Retail Food Stores and Wholesale Food Concerns
Title II: Miscellaneous
Title III: Effective Dates
Food Stamp Anti-Fraud Act of 1993 -
Title I: Retail Food Stores and Wholesale Food Concerns
- Amends the Food Stamp Act of 1977 with regard to retail food stores participating in the food stamp program (program) to: (1) permit the use of application information by Federal or State enforcement authorities; and (2) repeal the limits on civil money penalties for food stamp trafficking and firearms or controlled substance trading.
Amends the Social Security Act to permit the use of social security account numbers by Federal or State enforcement authorities.
Amends the Internal Revenue Code to permit the use of employer identification numbers by Federal or State enforcement authorities.
Title II: Miscellaneous
- Amends the Food Stamp Act of 1977 to permanently disqualify a recipient food store from program participation for trading of firearms, ammunition, explosives, or controlled substances for food stamps.
States that penalties collected from retail or wholesale food concerns shall be used for related investigation and enforcement activities.
Title III: Effective Dates
- Sets forth effective dates for provisions of this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as ``The Reclamation Rural Water Supply Act
of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Construct.--The term ``construct'' means to--
(A) install new infrastructure; and
(B) upgrade or replace existing facilities that are
associated with the new infrastructure authorized under
this Act.
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian entity that is--
(A) included on the list of recognized tribes that
the Secretary publishes in the Federal Register in
accordance with section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1); and
(B) recognized by the Secretary as eligible to
receive services from the Federal Government.
(3) Non-federal project entity.--The term ``non-Federal
project entity'' means a State, regional, or local authority,
Indian tribe, or other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association.
(4) Program.--The term ``program'' means the rural water
supply program established under section 3(a).
(5) Project.--
(A) In general.--The term ``project'' means a water
supply project for communities, an Indian tribe, or
dispersed homesites with domestic or rural water.
(B) Inclusion.--The term ``project'' includes
incidental livestock watering.
(6) Reclamation law.--The term ``Reclamation law'' means
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.)).
(7) Reclamation state.--The term ``Reclamation State''
means each of the States identified in the first section of the
Act of June 17, 1902 (43 U.S.C. 391).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. RURAL WATER SUPPLY PROGRAM.
(a) In General.--The Secretary, in cooperation with non-Federal
project entities, may carry out a rural water supply program to plan,
design, and construct projects in Reclamation States.
(b) Eligibility Criteria.--
(1) In general.--The Secretary shall develop and publish in
the Federal Register criteria for determining the eligibility
of a project for assistance under the program.
(2) Considerations.--The criteria developed under paragraph
(1) shall take into account such factors as--
(A) whether a project serves--
(i) rural areas and communities; or
(ii) Indian tribes;
(B) whether there is an urgent and compelling need
for a project that would--
(i) result in continuous, measurable, and
significant water quality benefits;
(ii) address current or future water supply
shortages; or
(iii) improve the health or aesthetic
quality of water;
(C) whether a project helps meet any applicable
legal requirements;
(D) whether a project--
(i) promotes and applies a regional or
watershed perspective to water resource
management or cross-boundary issues;
(ii) implements an integrated resources
management approach;
(iii) increases water management
flexibility; or
(iv) forms a partnership with other
entities; and
(E) whether a project provides benefits outside the
region in which the project is carried out.
(c) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of the
planning and construction of a project shall be the amount
established by the Secretary in the feasibility report for the
project under section 5(c)(1)(D)(i).
(2) Non-federal share.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share shall be not less than 25
percent of the cost of planning and construction of the
project, but not more than the amount established by
the Secretary in the feasibility report for the project
under section 5(c)(1)(D)(i).
(B) Reduced non-federal share.--The Secretary may
reduce the non-Federal share of the cost of the
planning and construction of a project under
subparagraph (A) if the Secretary determines that the
amount of the non-Federal share required by that
subparagraph would result in economic hardship for the
non-Federal project entity.
(C) Limitation.--Grants from other Federal sources
shall not be credited toward the non-Federal share
required by this paragraph.
SEC. 4. APPRAISAL INVESTIGATIONS.
(a) In General.--On request of a non-Federal project entity, the
Secretary, in cooperation with the non-Federal project entity and in
consultation with appropriate State, regional, local, and tribal
authorities, may conduct an appraisal investigation of a project to
determine whether--
(1) the project meets the criteria developed under section
(3)(b); and
(2) the Secretary should initiate a feasibility study under
section 5(a).
(b) Report.--On completion of the investigation under subsection
(a), the Secretary shall prepare an appraisal report that includes any
recommendations of the Secretary with respect to whether a feasibility
study should be initiated for the project under section 5(a).
(c) Costs.--The Secretary shall pay the costs of any appraisal
investigations conducted under this section.
SEC. 5. FEASIBILITY STUDIES.
(a) In General.--The Secretary, in cooperation with a non-Federal
project entity, may carry out studies to determine the feasibility of
rural water supply systems recommended for study under section 4(b).
(b) Study Considerations.--In conducting a feasibility study under
this section, the Secretary shall consider--
(1) the need for the proposed project;
(2) short- and long-term water demand and supplies in the
study area;
(3) an evaluation of whether the resources in the study
area are capable of providing a safe and reliable source of
potable water to the communities and rural areas to be served;
(4) any reasonable alternatives to the proposed project
(including nonstructural alternatives) that satisfy the need
for action, including an alternative that is within the ability
of the non-Federal project entity to pay operation,
maintenance, and repair costs of the proposed project;
(5) the economic feasibility and cost effectiveness of the
proposed project;
(6) impacts of the proposed project on the natural and
human environment;
(7) appropriate water conservation measures; and
(8) the financial ability of the non-Federal project entity
to pay--
(A) the non-Federal share of any planning and
construction costs of the proposed project; and
(B) 100 percent of the operation, maintenance, and
replacement costs allocated under subsection
(c)(1)(C)(i).
(c) Report.--
(1) In general.--On completion of a feasibility study under
subsection (a), the Secretary shall prepare a report that--
(A) describes the engineering, environmental, and
economic activities of the Secretary carried out under
the study;
(B) takes into consideration--
(i) the range of potential solutions for,
and the circumstances and needs of, the area to
be served by the proposed project;
(ii) the potential benefits to the people
of the study area; and
(iii) appropriate water conservation
measures;
(C) includes a schedule that identifies--
(i) the amount of operation, maintenance,
and replacement costs that should be allocated
to each non-Federal project entity
participating in the project; and
(ii) the current and expected financial
ability of each non-Federal project entity to
pay the allocated operation, maintenance, and
replacement costs;
(D)(i) specifies the Federal and non-Federal share
of the planning and construction costs of the project;
and
(ii) allocates the non-Federal share among project
beneficiaries; and
(E) includes the recommendations of the Secretary
as to whether the project should be carried out under
this Act.
(2) Submission to congress.--With respect to any project
that the Secretary recommends under paragraph (1)(E), the
Secretary shall submit to Congress--
(A) the feasibility report for the proposed project
prepared under paragraph (1);
(B) any environmental reports associated with the
proposed project; and
(C) a request to develop and construct the proposed
project, as appropriate.
(d) Priorities.--The Secretary shall establish priorities for
carrying out projects under this Act based on--
(1) the extent to which the project takes advantage of--
(A) economic incentives; and
(B) the use of market-based mechanisms;
(2) the cost benefit of the project versus other
alternatives such as desalination;
(3) whether non-Federal project entities have adequate
fiscal controls in place to manage the project; and
(4) the extent to which the project involves partnerships.
(e) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of a
feasibility study carried out under this section shall not
exceed 50 percent of the study costs.
(2) Form of non-federal share.--The non-Federal share under
paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially toward
the conduct and completion of the study.
(f) Reimbursement of Costs.--If a project is constructed under the
program, the Federal share of feasibility studies shall be--
(1) considered to be project costs; and
(2) reimbursed in accordance with Reclamation law.
SEC. 6. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--To be eligible to carry out a project under this
Act, a non-Federal project entity shall establish, to the satisfaction
of the Secretary, that the non-Federal project entity has the ability
to pay all operation, maintenance, and replacement costs of the project
facilities.
(b) Plan.--The non-Federal project entity, in consultation with the
Secretary, shall develop an operation, maintenance, and replacement
plan to provide the necessary framework to assist the non-Federal
project entity in establishing rates and fees for project
beneficiaries.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Authority of Secretary.--The Secretary may enter into
contracts, financial assistance agreements, and such other agreements,
and promulgate such regulations, as are necessary to carry out this
Act.
(b) Limitation on Use of Funds.--None of the funds made available
to the Secretary for planning or construction of a rural water supply
project developed under the program may be used to plan or construct
facilities used to supply water for irrigation.
(c) Title to Projects.--Title to the components of rural water
supply projects planned, designed, and constructed under the program
shall be held by the non-Federal project entity.
SEC. 8. EFFECT ON FEDERAL RECLAMATION LAW.
Nothing in this Act supersedes or amends--
(1) Reclamation law; or
(2) any Federal law associated with a project, or portion
of a project constructed under Reclamation law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $70,000,000 for fiscal year 2004 and each fiscal year
thereafter.
(b) Construction Cost Indexing.--
(1) In general.--Any amounts appropriated for the planning
and construction of projects under this Act shall include such
sums as are necessary to defray increases in development costs
reflected in appropriate engineering cost indices after the
completion date of the applicable feasibility report, to remain
available until expended.
(2) Cost sharing.--The Federal and non-Federal share of
cost increases due to inflation shall be allocated in amounts
that are proportionate to the allocation determined under
section 3(c). | The Reclamation Rural Water Supply Act of 2003 - Authorizes the Secretary of the Interior to carry out a rural water supply program in Reclamation States.
Directs the Secretary to develop and publish in the Federal Register criteria for determining the eligibility of a water supply project for assistance under this Act, including: (1) whether a project serves rural areas or Indian tribes; (2) whether there is an urgent need for a project that would result in continuous, measurable, and significant water quality benefits, address current or future water supply shortages, or improve the health or aesthetic quality of water; (3) whether a project helps meet any applicable legal requirements; (4) whether a project promotes a regional perspective to water resource management issues, implements an integrated resources management approach, increases water management flexibility, or forms a partnership with other entities; and (5) whether a project provides benefits outside the region in which the project is carried on.
Authorizes the Secretary to: (1) conduct appraisal investigations of proposed rural water supply projects; and (2) carry out feasibility studies of proposed rural water supply systems.
Requires State and local authorities, Indian Tribes, or other entities carrying out rural water supply projects under this Act to demonstrate the ability to pay all operation, maintenance, and replacement costs of such projects. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Josh Miller Helping Everyone Access
Responsive Treatment in Schools Act of 2008'' or the ``Josh Miller
HEARTS Act''.
SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS.
(a) Program Required.--The Secretary of Education shall carry out a
program under which the Secretary makes grants to local educational
agencies, to be used by the local educational agencies for one or both
of the following:
(1) To purchase automated external defibrillators for use
in elementary and secondary schools served by the local
educational agency.
(2) To provide training to enable elementary and secondary
schools served by the local educational agency to meet the
requirements of subsection (d)(1), but only if automated
external defibrillators are already in use at such schools or
are acquired through this program.
(b) Eligibility.--
(1) Local educational agencies.--To be eligible to receive
a grant under this section, a local educational agency shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
(2) Elementary and secondary schools.--To be eligible to
receive an automated external defibrillator through a grant
under this section, a school may be any public or private
school served by the local educational agency, except that an
Internet- or computer-based community school is not eligible.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this section, the local educational agency must provide
matching funds from non-Federal sources equal to not less than
25 percent of the amount of the grant.
(2) Waiver.--The Secretary shall waive the requirement of
paragraph (1) for a local educational agency if the number of
children counted under section 1124(c)(1)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A))
is 20 percent or more of the total number of children aged 5 to
17, inclusive, served by the local educational agency.
(d) Training and Coordination Required.--A local educational agency
that receives a grant under this section shall demonstrate that, for
each elementary and secondary school at which the automated external
defibrillators are to be used--
(1) there are at least 5 individuals at the school who--
(A) are employees or volunteers at the school;
(B) are at least 18 years of age; and
(C) have successfully completed training, with the
expectation that the certification shall be maintained,
in the use of automated external defibrillators and in
cardiopulmonary resuscitation, conducted by the
American Heart Association, the American Red Cross, the
National Safety Council, or another nationally
recognized organization offering training programs of
similar caliber;
(2) local paramedics and other emergency services personnel
are notified where on school grounds the automated external
defibrillators are to be located; and
(3) the automated external defibrillator will be integrated
into the school's emergency response plan or procedures.
(e) Priority.--In making grants under this section, the Secretary
shall give priority to schools--
(1) that do not already have an automated external
defibrillator on school grounds;
(2) at which a significant number of students, staff, and
visitors are present on school grounds during a typical day;
(3) with respect to which the average time required for
emergency medical services (as defined in section 330J of the
Public Health Service Act (42 U.S.C. 254c-15(f))) to reach the
school is greater than the average time for emergency medical
services to reach other public facilities in the community; and
(4) that have not received funds under the Rural Access to
Emergency Devices Act (42 U.S.C. 254c note).
(f) ESEA Definitions.--The terms used in this section shall have
the meanings given to such terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2008 through 2013.
Passed the House of Representatives June 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2008, or the Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools; and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR).
Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures; and (2) emergency services personnel are notified of their locations.
Requires LEA grantees to provide nonfederal matching funds equal to at least 25% of their grant, unless 20% or more of the children they serve come from impoverished families.
Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act.
Authorizes appropriations for the grant program for FY2008-FY2013. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Home Lead Safety
Tax Credit Act of 2005''.
(b) Findings.--Congress finds that:
(1) Of the 98,000,000 housing units in the United States,
38,000,000 have lead-based paint.
(2) Of the 38,000,000 housing units with lead-based paint,
25,000,000 pose a hazard, as defined by Environmental
Protection Agency and Department of Housing and Urban
Development standards, due to conditions such as peeling paint
and settled dust on floors and windowsills that contain lead at
levels above Federal safety standards.
(3) Though the number of children in the United States ages
1 through 5 with blood levels higher than the Centers for
Disease Control action level of 10 micrograms per deciliter has
declined to 300,000, lead poisoning remains a serious, entirely
preventable threat to a child's intelligence, behavior, and
learning.
(4) The Secretary of Health and Human Services has
established a national goal of ending childhood lead poisoning
by 2010.
(5) Current Federal lead abatement programs, such as the
Lead Hazard Control Grant Program of the Department of Housing
and Urban Development, only have resources sufficient to make
approximately 7,000 homes lead-safe each year. In many cases,
when State and local public health departments identify a lead-
poisoned child, resources are insufficient to reduce or
eliminate the hazards.
(6) Old windows typically pose significant risks because
wood trim is more likely to be painted with lead-based paint,
moisture causes paint to deteriorate, and friction generates
lead dust. The replacement of old windows that contain lead
based paint significantly reduces lead poisoning hazards in
addition to producing significant energy savings.
(7) Childhood lead poisoning can be dramatically reduced by
the abatement or complete removal of all lead-based paint.
Empirical studies also have shown substantial reductions in
lead poisoning when the affected properties have undergone so-
called ``interim control measures'' that are far less costly
than abatement.
(c) Purpose.--The purpose of this section is to encourage the safe
removal of lead hazards from homes and thereby decrease the number of
children who suffer reduced intelligence, learning difficulties,
behavioral problems, and other health consequences due to lead-
poisoning.
SEC. 2. HOME LEAD HAZARD REDUCTION ACTIVITY TAX CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30D. HOME LEAD HAZARD REDUCTION ACTIVITY.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 50 percent of the lead hazard reduction activity cost paid or
incurred by the taxpayer during the taxable year for each eligible
dwelling unit.
``(b) Limitation.--The amount of the credit allowed under
subsection (a) for any eligible dwelling unit for any taxable year
shall not exceed--
``(1) either--
``(A) $3,000 in the case of lead hazard reduction
activity cost including lead abatement measures
described in clauses (i), (ii), (iv) and (v) of
subsection (c)(1)(A), or
``(B) $1,000 in the case of lead hazard reduction
activity cost including interim lead control measures
described in clauses (i), (iii), (iv), and (v) of
subsection (c)(1)(A), reduced by
``(2) the aggregate lead hazard reduction activity cost
taken into account under subsection (a) with respect to such
unit for all preceding taxable years.
``(c) Definitions and Special Rules.--For purposes of this section:
``(1) Lead hazard reduction activity cost.--
``(A) In general.--The term `lead hazard reduction
activity cost' means, with respect to any eligible
dwelling unit--
``(i) the cost for a certified risk
assessor to conduct an assessment to determine
the presence of a lead-based paint hazard,
``(ii) the cost for performing lead
abatement measures by a certified lead
abatement supervisor, including the removal of
paint and dust, the permanent enclosure or
encapsulation of lead-based paint, the
replacement of painted surfaces, windows, or
fixtures, or the removal or permanent covering
of soil when lead-based paint hazards are
present in such paint, dust, or soil,
``(iii) the cost for performing interim
lead control measures to reduce exposure or
likely exposure to lead-based paint hazards,
including specialized cleaning, repairs,
maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards,
and the establishment and operation of
management and resident education programs, but
only if such measures are evaluated and
completed by a certified lead abatement
supervisor using accepted methods, are
conducted by a qualified contractor, and have
an expected useful life of more than 10 years,
``(iv) the cost for a certified lead
abatement supervisor, those working under the
supervision of such supervisor, or a qualified
contractor to perform all preparation, cleanup,
disposal, and clearance testing activities
associated with the lead abatement measures or
interim lead control measures, and
``(v) costs incurred by or on behalf of any
occupant of such dwelling unit for any
relocation which is necessary to achieve
occupant protection (as defined under section
35.1345 of title 24, Code of Federal
Regulations).
``(B) Limitation.--The term `lead hazard reduction
activity cost' does not include any cost to the extent
such cost is funded by any grant, contract, or
otherwise by another person (or any governmental
agency).
``(2) Eligible dwelling unit.--
``(A) In general.--The term `eligible dwelling
unit' means, with respect to any taxable year, any
dwelling unit--
``(i) placed in service before 1960,
``(ii) located in the United States,
``(iii) in which resides, for a total
period of not less than 50 percent of the
taxable year, at least 1 child who has not
attained the age of 6 years or 1 woman of
child-bearing age, and
``(iv) each of the residents of which
during such taxable year has an adjusted gross
income of less than 185 percent of the poverty
line (as determined for such taxable year in
accordance with criteria established by the
Director of the Office of Management and
Budget).
``(B) Dwelling unit.--The term `dwelling unit' has
the meaning given such term by section 280A(f)(1).
``(3) Lead-based paint hazard.--The term `lead-based paint
hazard' has the meaning given such term by section 745.61 of
title 40, Code of Federal Regulations.
``(4) Certified lead abatement supervisor.--The term
`certified lead abatement supervisor' means an individual
certified by the Environmental Protection Agency pursuant to
section 745.226 of title 40, Code of Federal Regulations, or an
appropriate State agency pursuant to section 745.325 of title
40, Code of Federal Regulations.
``(5) Certified inspector.--The term `certified inspector'
means an inspector certified by the Environmental Protection
Agency pursuant to section 745.226 of title 40, Code of Federal
Regulations, or an appropriate State agency pursuant to section
745.325 of title 40, Code of Federal Regulations.
``(6) Certified risk assessor.--The term `certified risk
assessor' means a risk assessor certified by the Environmental
Protection Agency pursuant to section 745.226 of title 40, Code
of Federal Regulations, or an appropriate State agency pursuant
to section 745.325 of title 40, Code of Federal Regulations.
``(7) Qualified contractor.--The term `qualified
contractor' means any contractor who has successfully completed
a training course on lead safe work practices which has been
approved by the Department of Housing and Urban Development and
the Environmental Protection Agency.
``(8) Documentation required for credit allowance.--No
credit shall be allowed under subsection (a) with respect to
any eligible dwelling unit for any taxable year unless--
``(A) after lead hazard reduction activity is
complete, a certified inspector or certified risk
assessor provides written documentation to the taxpayer
that includes--
``(i) evidence that--
``(I) the eligible dwelling unit
passes the clearance examinations
required by the Department of Housing
and Urban Development under part 35 of
title 40, Code of Federal Regulations,
``(II) the eligible dwelling unit
does not contain lead dust hazards (as
defined by section 745.227(e)(8)(viii)
of such title 40), or
``(III) the eligible dwelling unit
meets lead hazard evaluation criteria
established under an authorized State
or local program, and
``(ii) documentation showing that the lead
hazard reduction activity meets the
requirements of this section, and
``(B) the taxpayer files with the appropriate State
agency and attaches to the tax return for the taxable
year--
``(i) the documentation described in
subparagraph (A),
``(ii) documentation of the lead hazard
reduction activity costs paid or incurred
during the taxable year with respect to the
eligible dwelling unit, and
``(iii) a statement certifying that the
dwelling unit qualifies as an eligible dwelling
unit for such taxable year.
``(9) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(10) No double benefit.--Any deduction allowable for
costs taken into account in computing the amount of the credit
for lead-based paint abatement shall be reduced by the amount
of such credit attributable to such costs.
``(d) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under subpart A and
sections 27, 29, 30, 30A, 30B, and 30C for the taxable year.
``(e) Carryforward Allowed.--
``(1) In general.--If the credit amount allowable under
subsection (a) for a taxable year exceeds the amount of the
limitation under subsection (d) for such taxable year (referred
to as the `unused credit year' in this subsection), such excess
shall be allowed as a credit carryforward for each of the 20
taxable years following the unused credit year.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryforward under
paragraph (1).''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' in paragraph (36), by striking the
period and inserting ``, and'' in paragraph (37), and by
inserting at the end the following new paragraph:
``(38) in the case of an eligible dwelling unit with
respect to which a credit for any lead hazard reduction
activity cost was allowed under section 30D, to the extent
provided in section 30D(c)(9).''.
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Home lead hazard reduction activity.''.
(c) Effective Date.--The amendments made by this section shall
apply to lead hazard reduction activity costs incurred after December
31, 2005, in taxable years ending after that date. | Home Lead Safety Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for 50 percent of the costs of reducing lead hazards in U.S. homes built before 1960 in which certain low-income children less than six years of age and women of child-bearing age reside. Allows a maximum credit of $3,000 for lead abatement costs and $1,000 for the cost of interim lead control measures. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection Act of
2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Location-based services and applications allow
customers to receive services based on their geographic
location, position, or known presence. Telematics devices, for
instance, permit subscribers in vehicles to obtain emergency
road assistance, driving directions, or other information with
the push of a button. Other devices, such as those with
Internet access, support position commerce in which
notification of points of interest or promotions can be
provided to customers based on their known presence or
geographic location.
(2) There is a substantial Federal interest in safeguarding
the privacy right of customers of location-based services or
applications to control the collection, use, retention of,
disclosure of, and access to their location information.
Location information is nonpublic information that can be
misused to commit fraud, to harass consumers with unwanted
messages, to draw embarrassing or inaccurate inferences about
them, or to discriminate against them. Improper disclosure of
or access to location information could also place a person in
physical danger. For example, location information could be
misused by stalkers or by domestic abusers.
(3) The collection or retention of unnecessary location
information magnifies the risk of its misuse or improper
disclosure.
(4) Congress has recognized the right to privacy of
location information by classifying location information as
customer proprietary network information subject to section 222
of the Communications Act of 1934 (47 U.S.C. 222), thereby
preventing use or disclosure of that information without a
customer's express prior authorization.
(5) There is a substantial Federal interest in promoting
fair competition in the provision of wireless services and in
ensuring the consumer confidence necessary to ensure continued
growth in the use of wireless services. These goals can be
attained by establishing a set of privacy rules that apply to
wireless location information, regardless of technology, and to
all entities and services that generate or receive access to
such information.
(6) It is in the public interest that the Federal
Communications Commission establish comprehensive rules to
protect the privacy of customers of location-based services and
applications and thereby enable customers to realize more fully
the benefits of location services and applications.
SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY.
(a) Rulemaking Required.--Not later than 180 days after the date of
the enactment of this Act, the Federal Communications Commission shall
complete a rulemaking proceeding for purposes of further protecting the
privacy of location information.
(b) Elements.--
(1) In general.--Subject to the provisions of paragraph
(2), the rules prescribed by the Commission under subsection
(a) shall--
(A) require providers of location-based services
and applications to inform customers, with clear and
conspicuous notice, about their policies on the
collection, use, disclosure of, retention of, and
access to customer location information;
(B) require providers of location-based services
and applications to obtain a customer's express
authorization before--
(i) collecting, using, or retaining the
customer's location information; or
(ii) disclosing or permitting access to the
customer's location information to any person
who is not a party to, or who is not necessary
to the performance of, the service contract
between the customer and such provider;
(C) require that all providers of location-based
services or applications--
(i) restrict any collection, use,
disclosure of, retention of, and access to
customer location information to the specific
purpose that is the subject of the express
authorization of the customer concerned; and
(ii) not subsequently release a customer's
location information for any purpose beyond the
purpose for which the customer provided express
authorization;
(D) ensure the security and integrity of location
data, and give customers reasonable access to their
location data for purposes of verifying the accuracy
of, or deleting, such data;
(E) be technology neutral to ensure uniform privacy
rules and expectations and provide the framework for
fair competition among similar services;
(F) require that aggregated location information
not be disaggregated through any means into individual
location information for any commercial purpose; and
(G) not impede customers from readily utilizing
location-based services or applications.
(2) Permitted uses.--The rules prescribed under subsection
(a) may permit the collection, use, retention, disclosure of,
or access to a customer's location information without prior
notice or consent to the extent necessary to--
(A) provide the service from which such information
is derived, or to provide the location-based service
that the customer is accessing;
(B) initiate, render, bill, and collect for the
location-based service or application;
(C) protect the rights or property of the provider
of the location-based service or application, or
protect customers of the service or application from
fraudulent, abusive, or unlawful use of, or
subscription to, the service or application;
(D) produce aggregate location information; and
(E) comply with an appropriate court order.
(3) Additional requirement.--Under the rules prescribed
under subsection (a), any third party receiving, or receiving
access to, a customer's location information from a provider of
location services or applications pursuant to the express
authorization of the customer, shall not disclose or permit
access to such information to any other person without the
express authorization of the customer.
(4) Express authorization.--
(A) Form.--For purposes of the rules prescribed
under subsection (a) and section 222(f) of the
Communications Act of 1934 (47 U.S.C. 222(f)), the
Commission shall specify the appropriate methods,
whether technological or otherwise, by which a customer
may provide express prior authorization. Such methods
may include a written or electronically signed service
agreement or other contractual instrument.
(B) Modification or revocation.--Under the rules
prescribed under subsection (a), a customer shall have
the power to modify or revoke at any time an express
authorization given by the customer under the rules.
(c) Application of Rules.--The rules prescribed by the Commission
under subsection (a) shall apply to any person that provides a
location-based service or application, whether or not such person is
also a provider of commercial mobile service (as that term is defined
in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
(d) Relationship to Wireless Communications and Public Safety Act
of 1999.--The rules prescribed by the Commission under subsection (a)
shall be consistent with the amendments to section 222 of the
Communications Act of 1934 (47 U.S.C. 222) made by section 5 of the
Wireless Communications and Public Safety Act of 1999 (Public Law 106-
81; 113 Stat. 1288), including the provisions of section 222(d)(4) of
the Communications Act of 1934, as so amended, permitting use,
disclosure, and access to location information by public safety, fire
services, and other emergency services providers for purposes specified
in subparagraphs (A), (B), and (C) of such section 222(d)(4).
(e) State and Local Requirements.--
(1) In general.--No State or local government may adopt or
enforce any law, regulation, or other legal requirement
addressing the privacy of wireless location information that is
inconsistent with the rules prescribed by the Commission under
subsection (a).
(2) Preemption.--Any law, regulation, or requirement
referred to in paragraph (1) that is in effect on the date of
the enactment of this Act shall be preempted and superseded as
of the effective date of the rules prescribed by the Commission
under subsection (a).
(f) Definitions.--In this section:
(1) Aggregate location information.--The term ``aggregate
location information'' means a collection of location data
relating to a group or category of customers from which
individual customer identities have been removed.
(2) Customer.--The term ``customer'', in the case of the
provision of a location-based service or application with
respect to a device, means the person entering into the
contract or agreement with the provider of the location-based
service or application for provision of the location-based
service or application for the device. | Location Privacy Protection Act of 2001 - Directs the Federal Communications Commission (FCC) to complete a rulemaking proceeding for further protecting the privacy of location information of customers of location-based services or applications. Requires that providers of location-based services: (1) inform customers about their policies on the collection, use, disclosure of, and access to customer location information; and (2) receive a customer's express authorization before collecting, using, retaining, or disclosing such information. Outlines permitted uses of such information. Directs the FCC to specify appropriate methods by which a customer may provide express prior authorization for the use of such information. Preempts State and local requirements with respect to the privacy of wireless location information. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trademark Anticounterfeiting Act of
1998''.
SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT
IDENTIFICATION CODES.
(a) In General.--Title VIII of the Act entitled ``An Act to provide
for the registration and protection of trade-marks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes.'', approved July 5, 1946 (commonly referred to as the
``Lanham Act'' and the ``Trademark Act of 1946'') is amended by
inserting after section 43 (15 U.S.C. 1125) the following:
``unauthorized modifications of product identification codes
``Sec. 43A. (a) Definitions.--In this section--
``(1) the term `consumer'--
``(A) means--
``(i) the ultimate user or purchaser of a
good; or
``(ii) any hotel, restaurant, or other
provider of services that must remove or alter
the container, label, or packaging of a good in
order to make the good available to the
ultimate user or purchaser; and
``(B) does not include any retailer or other
distributor who acquires a good for resale;
``(2) the term `good' means any article, product, or
commodity that is customarily produced or distributed for sale,
rental, or licensing in interstate or foreign commerce, and any
container, packaging, label, or component thereof;
``(3) the term `manufacturer' includes the original
manufacturer of a good and a duly appointed agent or
representative of that manufacturer acting within the scope of
its agency or representation;
``(4) the term `product identification code'--
``(A) includes any number, letter, symbol, marking,
date (including an expiration date), code, software, or
other technology that is affixed to or embedded in any
good, by which the manufacturer of the good may trace
the good back to a particular production lot or batch
or date of removal, or otherwise identify the source of
the good, the date of manufacture, the date of
expiration, or other comparable critical data; and
``(B) does not include copyright management
information conveyed in connection with copies or
phonorecords of a copyrighted work or any performance
or display of a copyrighted work;
``(5) the term `Universal Product Code' refers to the
multidigit bar code and number representing goods in retail
applications; and
``(6) the term `value' means the face, par, or market
value, whichever is the greatest.
``(b) Prohibited Acts.--Except as otherwise authorized by Federal
law, it shall be unlawful for any person, other than the consumer or
the manufacturer of a good, knowingly and without authorization of the
manufacturer--
``(1) to directly or indirectly alter, conceal, remove,
obliterate, deface, strip, or peel any product identification
code affixed to or embedded in that good;
``(2) to directly or indirectly affix or embed a product
identification code to or in that good which is intended by the
manufacturer for a different good, such that the code no longer
accurately identifies the source of the good;
``(3) to directly or indirectly affix to or embed in that
good any number, letter, symbol, marking, date, code, or other
technology intended to simulate a product identification code;
or
``(4) to import, export, sell, distribute, or broker that
good, the product identification code for which has been
altered, concealed, removed, obliterated, defaced, stripped,
peeled, affixed, or embedded in violation of paragraph (1) or
(2), or that bears an unauthorized number, letter, symbol,
marking, date, or other code in violation of paragraph (3).
``(c) Applicability.--The prohibitions set forth in subsection (b)
shall apply to product identification codes (or simulated product
identification codes in a case to which subsection (b)(3) applies)
affixed to, or embedded in, any good held for sale or distribution in
interstate or foreign commerce or after shipment therein.
``(d) Exclusion.--
``(1) UPC codes.--Nothing in this section prohibits a
retailer from affixing a Universal Product Code or other
electronic pricing code to a good if that code does not (or can
be removed so as not to) permanently alter, conceal, remove,
obliterate, deface, strip, or peel any product identification
code.
``(2) Repackaging for resale.--(A) Nothing in this section
prohibits a distributor from removing an article, product, or
commodity of retail sale from a shipping container and placing
such article, product, or commodity in another shipping
container for purpose of resale in a quantity different from
the quantity originally provided by the manufacturer or from
replacing a damaged shipping container, if, except as provided
in paragraph (1), such article, product, or commodity of retail
sale retains its original product identification code, without
any obstruction or alteration, and if--
``(i) such distributor is registered with all
applicable Federal and State agencies;
``(ii) such distributor repackages the article,
product, or commodity in full compliance with all
applicable State and Federal laws and regulations; and
``(iii) the act of repackaging does not result in a
prohibited act under section 301 of the Federal Food,
Drug, and Cosmetic Act or violate any other applicable
State or Federal law or regulation.
``(B) As used in this paragraph, the term `shipping
container' means--
``(i) a container or wrapping used for the
transportation of any article, product, or commodity in
bulk or in quantity to manufacturers, packers, or
processors, or to wholesale or retail distributors
thereof; and
``(ii) containers or wrappings used by retailers to
ship or deliver any article, product, or commodity to
retail customers, if such containers and wrappings bear
no printed matter pertaining to any particular article,
product, or commodity.
``(e) Criminal Penalties.--Any person who willfully violates this
section shall be punished as provided in section 1365A of title 18.
``(f) Civil Remedies.--
``(1) In general.--Any person who is injured by a violation
of this section, or threatened with such injury, may bring a
civil action in an appropriate United States district court
against the alleged violator.
``(2) Injunctions and impounding and disposition of
goods.--In any action under paragraph (1), the court may--
``(A) grant 1 or more temporary, preliminary, or
permanent injunctions on such terms as the court
determines to be reasonable to prevent or restrain the
violation;
``(B) at any time while the action is pending,
order the impounding, on such terms as the court
determines to be reasonable, of any good that is in the
custody or control of the alleged violator and that the
court has reasonable cause to believe was involved in
the violation; and
``(C) as part of a final judgment or decree--
``(i) order the destruction of any good
involved in the violation that is in the
custody or control of the violator or that has
been impounded under subparagraph (B); or
``(ii) if the court determines that any
good impounded under subparagraph (B) is not
unsafe or a hazard to health, dispose of the
good by delivery to such Federal, State, or
local government agencies as, in the opinion of
the court, have a need for such good, or by
gift to such charitable or nonprofit
institutions as, in the opinion of the court,
have a need for such good, if such disposition
would not otherwise be in violation of law, and
if the manufacturer consents to such
disposition and is given the opportunity to
reapply a product identification code to the
good.
``(3) Damages.--
``(A) In general.--Subject to subparagraph (B), in
any action under paragraph (1), the plaintiff shall be
entitled to recover the actual damages suffered by the
plaintiff as a result of the violation, and any profits
of the violator that are attributable to the violation
and are not taken into account in computing the actual
damages. In establishing the violator's profits, the
plaintiff shall be required to present proof only of
the violator's sales, and the violator shall be
required to prove all elements of cost or deduction
claimed.
``(B) Statutory damages.--In any action under
paragraph (1), the plaintiff may elect, at any time
before final judgment is rendered, to recover, instead
of actual damages and profits described in subparagraph
(A), an award of statutory damages for any violation
under this section in an amount equal to--
``(i) not less than $500 and not more than
$100,000, with respect to each type of goods
involved in the violation; and
``(ii) if the violation threatens the
health and safety of the public, as determined
by the court, not less than $5,000 and not more
than $1,000,000, with respect to each type of
goods involved in the violation.
``(4) Costs and attorney's fees.--In any action under
paragraph (1)--
``(A) in addition to any damages recovered under
paragraph (3), a prevailing plaintiff may recover the
full costs of the action; and
``(B) the court, in its discretion, may also award
reasonable attorney fees to the prevailing party.
``(5) Repeat violations.--
``(A) Treble damages.--In any case in which a
person violates this section within 3 years after the
date on which a final judgment was entered against that
person for a previous violation of this section, the
court, in an action brought under this subsection, may
increase the award of damages for the later violation
to not more than 3 times the amount that would
otherwise be awarded under paragraph (3), as the court
considers appropriate.
``(B) Burden of proof.--A plaintiff that seeks
damages as described in subparagraph (A) shall bear the
burden of proving the existence of the earlier
violation.
``(6) Limitations on actions.--No civil action may be
commenced under this section later than 3 years after the date
on which the claimant discovers the violation.
``(7) Innocent violations.--In any action under paragraph
(1), the court in its discretion may reduce or remit the total
award of damages in any case in which the violator sustains the
burden of proving, and the court finds, that the violator was
not aware and had no reason to believe that the acts of the
violator constituted a violation.
``(g) Enforcement.--The Attorney General shall enforce this
section.''.
(b) Conforming Amendment.--The heading for title VIII of the Act of
July 5, 1946, is amended by striking ``AND DILUTION'' and inserting
``DILUTION, AND ADULTERATION OF PRODUCT CODES''.
SEC. 3. CRIMINAL PENALTIES.
(a) In General.--Chapter 65 of title 18, United States Code, is
amended by inserting after section 1365 the following:
``Sec. 1365A. Unauthorized modification of product identification codes
``(a) Criminal Penalties.--Any person who willfully violates
section 43A of the Act of July 5, 1946 (commonly referred to as the
`Trademark Act of 1946') shall--
``(1) be fined under this title, imprisoned not more than 1
year, or both;
``(2) if the total retail value of the good or goods
involved in the violation is greater than $5,000, be fined
under this title, imprisoned not more than 5 years, or both;
``(3) if the person acts with reckless disregard for the
risk that the health or safety of the public would be
threatened and under circumstances manifesting extreme
indifference to such risk, and the violation threatens the
health or safety of the public, be fined under this title,
imprisoned not more than 10 years, or both;
``(4) if the person acts with reckless disregard for the
risk that another person will be placed in danger of death or
bodily injury and under circumstances manifesting extreme
indifference to such risk and--
``(A) serious bodily injury to any individual
results, be fined under this title, imprisoned not more
than 20 years, or both; or
``(B) death of an individual results, be fined
under this title, imprisoned for any term of years or
for life, or both; and
``(5) with respect to any second or subsequent violation,
be subject to twice the maximum term of imprisonment that would
otherwise be imposed under this subsection, fined under this
title, or both.
``(b) Injunctions and Impounding, Forfeiture, and Disposition of
Goods.--
``(1) Injunctions and impounding.--In any prosecution under
this section, upon motion of the United States, the court may--
``(A) grant 1 or more temporary, preliminary, or
permanent injunctions on such terms as the court
determines to be reasonable to prevent or restrain the
alleged violation; and
``(B) at any time during the proceedings, order the
impounding, on such terms as the court determines to be
reasonable, of any good that is in the custody or
control of the defendant and that the court has
reasonable cause to believe was involved in the
violation.
``(2) Forfeiture and disposition of goods.--Upon conviction
of any person of a violation of this section, the court shall--
``(A) order the forfeiture of any good involved in
the violation that is in the custody or control of the
defendant or that has been impounded under paragraph
(1)(B); and
``(B) either--
``(i) order the destruction of each good
forfeited under subparagraph (A); or
``(ii) if the court determines that any
good forfeited under subparagraph (A) is not
unsafe or a hazard to health, dispose of the
good by delivery to such Federal, State, or
local government agencies as, in the opinion of
the court, have a need for such good, or by
gift to such charitable or nonprofit
institutions as, in the opinion of the court,
have a need for such good, if such disposition
would not otherwise be in violation of law and
if the manufacturer consents to such
disposition and is given the opportunity to
reapply a product identification code to the
good.''.
(b) Conforming Amendment.--The table of sections for chapter 65 of
title 18, United States Code, is amended by inserting after the item
relating to section 1365 the following:
``1365A. Unauthorized modification of product identification codes.''.
SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS.
Section 2320(f) of title 18, United States Code, is amended--
(1) by inserting ``unauthorized modification of product
identification codes under section 1365A,'' after ``involve'';
and
(2) in paragraph (4), by inserting ``1365A,'' after
``sections''. | Trademark Anticounterfeiting Act of 1998 - Amends the Trademark Act of 1946 (Lanham Act) and the Federal criminal code to declare unlawful unauthorized modification of product identification codes, including: (1) specified acts of tampering with the product identification code of any good; and (2) importing, exporting, distributing, or brokering goods whose product identification codes have been tampered with. Excludes from such proscription certain actions relating to repackaging for resale.
Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official. | billsum_train |
Make a brief summary of the following text: entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(e)), as added by section 702 of the Consolidated Natural Resources
Act of 2008 (Public Law 110-229; 1222 Stat. 854), is amended by
inserting after paragraph (5) the following:
``(6) Special provision regarding long term residents of
the commonwealth.--
``(A) CNMI-only resident status.--Notwithstanding
paragraph (1), an alien described in subparagraph (C)
may, upon the application of the alien, be admitted as
an immigrant to the Commonwealth subject to the
following rules:
``(i) The alien shall be treated as a
permanent resident of the Commonwealth only,
including permitting entry to and exit from the
Commonwealth, until the earlier of the date
that--
``(I) the alien ceases to
permanently reside in the Commonwealth;
or
``(II) the alien's status is
adjusted under this section or section
245 of the Immigration and Nationality
Act (8 U.S.C. 1255) to that of an alien
lawfully admitted for permanent
residence, as defined under section
101(a)(20) of such Act (8 U.S.C.
1101(a)(20)), if the alien is otherwise
eligible for such an adjustment.
``(ii) Unless otherwise authorized, the
alien shall not be permitted to travel to, or
reside in, any part of the United States, as
defined in section 101(a)(38) of such Act (8
U.S.C. 1101(a)(38)), other than the
Commonwealth.
``(iii) The Secretary of Homeland Security
shall establish a process for such aliens to
apply for CNMI-only permanent resident status
during the 90-day period beginning on the first
day of the sixth month after the date of the
enactment of this Act.
``(B) Authority to waive certain regulatory
requirements.--The requirements of chapter 5 of title
5, United States Code (commonly referred to as the
`Administrative Procedure Act'), chapter 35 of title
44, United States Code (commonly referred to as the
`Paperwork Reduction Act'), or any other law relating
to rulemaking, information collection, or publication
in the Federal Register, shall not apply to any action
to implement subparagraph (A) to the extent the
Secretary of Homeland Security determines that
compliance with any such requirement would impede the
expeditious implementation of such paragraph.
``(C) Aliens described.--An alien is described in
this subparagraph if--
``(i) the alien is otherwise admissible to
the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.);
``(ii) the alien resided in the
Commonwealth--
``(I) on November 28, 2009; and
``(II) on the date of the enactment
of this Act; and
``(iii) the alien--
``(I) was born in the Northern
Mariana Islands between January 1,
1974, and January 9, 1978;
``(II) was, on May 8, 2008, a
permanent resident as that term is
defined in section 4303 of Title 3 of
the Northern Mariana Islands
Commonwealth Code in effect on May 8,
2008;
``(III) is the spouse or child, as
defined in section 101(b)(1) of the
Immigration and Nationality Act (8
U.S.C. 1101(b)(1)), of an alien
described in subclauses (I) or (II); or
``(IV) was, on May 8, 2008, an
immediate relative, as that term is
defined in section 4303 of Title 3 of
the Northern Mariana Islands
Commonwealth Code in effect on May 8,
2008, of a United States citizen, not
withstanding the age of the United
States citizen, and continues to be
such an immediate relative on the date
of the application described under
subparagraph (A).
``(D) Adjustment for long term and permanent
residents.--
``(i) In general.--An alien described in
clauses (I), (II), or (III) of subparagraph
(C)(iii) may apply to receive an immigrant visa
or to adjust his or her status to that of an
alien lawfully admitted for permanent residence
on or after January 1, 2015, and before January
1, 2016.
``(ii) Allocation of immigrant visas.--Upon
the granting of an immigrant visa or approval
of an application for permanent residence to an
alien under this subparagraph, the Secretary of
State shall reduce by one the total number of
diversity immigrant visas authorized to be
issued under section 201(e) of the Immigration
and Nationality Act (8 U.S.C. 1151(e)) for the
fiscal year then current.
``(iii) Fees.--With respect to applications
for CNMI-only permanent resident status, an
immigrant visa or to adjust status to that of
an alien lawfully admitted for permanent
residence submitted by an alien described in
clause (iii) of subparagraph (C), the Secretary
of State and the Secretary of Homeland
Security--
``(I) may, in the discretion of
each such Secretary, reduce the fees
collected from the alien for CNMI-only
permanent resident status, an immigrant
visa, or an adjustment of status; and
``(II) shall, if applicable, waive
the affidavit of support requirement
under section 213A of such Act (8
U.S.C. 1183a) and subparagraphs (B)(ii)
and (C)(ii) of section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)).''. | Authorizes the admission of an alien as an immigrant to the Commonwealth of the Northern Mariana Islands (Commonwealth) who is admissible to the United States, resided in the Commonwealth on November 28, 2009, and continues to so reside on the date of enactment of this Act, if such alien: (1) was born in the Commonwealth between January 1, 1974, and January 9, 1978; (2) was, on May 8, 2008, a Commonwealth permanent resident; (3) is the spouse or child of an alien described in clause 1 or clause 2 above; or (4) was on May 8, 2008, and continues to be, an immediate relative of a U.S. citizen (not withstanding the citizen's age).
Prohibits, unless otherwise authorized, such alien from traveling to, or residing in, any part of the United States other than the Commonwealth.
Authorizes such an alien (other than an immediate relative) to apply for an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence on or after January 1, 2015, and before January 1, 2016. Reduces the number of diversity immigrants for each such immigrant visa or permanent resident status granted. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Laboratory Personnel
Shortage Act of 2005''.
SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) Scholarship and Loan Repayment Programs.--Section 737 of the
Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the
end the following subsection:
``(e) Scholarship and Loan Repayment Program for Medical
Technologists, Medical Laboratory Technicians, and Other Medical
Laboratory Personnel.--
``(1) In general.--The Secretary shall establish a program
of scholarships and loan repayment for the purpose of
alleviating the shortage of medical laboratory personnel. The
scholarship and loan repayment program shall include a period
of obligated service for recipients in a designated health
professional shortage area, or other area where there is a
shortage of medical laboratory personnel. The Secretary may
model the program after the scholarship and loan repayment
programs under sections 338A and 338B.
``(2) Eligible entities.--Schools of allied health, and
health care institution-based programs training medical
laboratory personnel, are eligible to receive awards under
paragraph (1).
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $11,193,000 in fiscal year 2006, and such sums as
may be necessary for each of the fiscal years 2007 through
2010. Such authorization is in addition to other authorizations
of appropriations that are available for such purpose.''.
(b) Other Programs Under Title VII.--
(1) Allied health and other disciplines.--
(A) Preference in making awards; public service
announcements.--Section 755 of the Public Health
Service Act (42 U.S.C. 294e)) is amended by adding at
the end the following subsections:
``(c) Preference in Making Awards.--In making awards of grants and
contracts under subsection (a), the Secretary shall give preference to
making awards to assist entities in meeting the costs associated with
expanding or establishing programs that will increase the number of
individuals trained as medical laboratory personnel.
``(d) Public Service Announcements.--The Secretary shall develop
and issue public service announcements that advertise and promote
medical laboratory personnel careers, highlight the advantages and
rewards of medical laboratory personnel careers, and encourage
individuals to enter medical laboratory personnel careers.''.
(B) Authorization of appropriations.--Section 757
of the Public Health Service Act (42 U.S.C. 294g(a)) is
amended by adding at the end the following subsection:
``(d) Allied Health and Other Disciplines.--For the purpose of
carrying out section 755, there are authorized to be appropriated
$100,000,000 for fiscal year 2006, and such sums as may be necessary
for each of the fiscal years 2007 through 2010. Such authorization is
in addition to the authorizations of appropriations under subsection
(a) that are available for such purpose.''.
(2) Other title vii programs.--Section 740 of the Public
Health Service Act (42 U.S.C. 293d) is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
subsection:
``(d) Medical Laboratory Personnel.--For the purpose of increasing
the number of individuals trained as medical laboratory personnel
through making awards of grants or contracts under sections 737 through
739 for appropriate schools of allied health, there are authorized to
be appropriated, in addition to authorizations of appropriations under
subsections (a) through (c) that are available for such purpose, the
following:
``(1) For awards under section 738 to serve as members of
the faculty of such schools, $332,500 for fiscal year 2006, and
such sums as may be necessary for each of the fiscal years 2007
through 2010.
``(2) For awards under section 739 to such schools,
$8,200,000 for fiscal year 2006, and such sums as may be
necessary for each of the fiscal years 2007 through 2010.''.
(3) Definition of medical laboratory personnel.--Section
799B of the Public Health Service Act (42 U.S.C. 295p) is
amended by adding at the end the following:
``(12) The term `medical laboratory personnel' means allied
health professionals (as defined in paragraph (5)) who are
medical technologists, cytotechnologists, histotechnologists,
phlebotomists, or medical laboratory technicians, or who are in
other fields that, within the meaning of section 353(a)
(relating to the certification of clinical laboratories),
examine materials derived from the human body for the purpose
of providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment of
the health of, human beings.''.
SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.)
is amended by inserting after section 1509 the following section:
``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS
REGARDING SCREENING FOR CERVICAL CANCER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall make grants to appropriate public and nonprofit
private entities to provide training to increase the number of
cytotechnologists who are available with respect to screening women for
cervical cancer.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section, there are authorized to
be appropriated $10,000,000 for fiscal year 2006, and such sums
as may be necessary for each of the fiscal years 2007 through
2010.
``(2) Limitation.--The authorization of appropriations
established in paragraph (1) is not effective for a fiscal year
unless the amount appropriated under section 1510(a) for the
fiscal year is equal to or greater than $173,928,000.''.
SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C.
285b-4(c)(3)(C)) is amended by inserting after ``allied health
professionals'' the following: ``, with emphasis given in the training
of such professionals to the training of medical laboratory personnel
(as defined in section 799B) in medical laboratory disciplines with
respect to which there are needs for increased numbers of personnel''. | Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel.
Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Prescription Drugs and
Medical Inventions Act''.
SEC. 2. COMPULSORY LICENSING OF PATENTED INVENTIONS.
(a) In General.--Chapter 14 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 158. Compulsory licensing
``(a) Compulsory Licensing of Patented Inventions.--In the case of
any invention relating to health care, in which a patent holder,
contractor, exclusive licensee, or assignee has acquired title under
this title, the Secretary of Health and Human Services and the Federal
Trade Commission shall each have the right to establish other use of
the subject matter of the patent without authorization of the right
holder if the Secretary or the Commission (as the case may be) makes
the determination described in subsection (b).
``(b) Determination.--The determination referred to in subsection
(a) with respect to an invention claimed in a patent is a determination
that one or more of the following applies:
``(1) The patent holder, contractor, licensee, or assignee
referred to in subsection (a) has not taken, or is not expected
to take within a reasonable time, effective steps to achieve
practical application of the subject invention in a field of
use.
``(2) Establishing other use of the subject matter of the
patent is necessary to alleviate health or safety needs which
are not adequately satisfied by the patent holder, contractor,
licensee, or assignee.
``(3) The patent holder has engaged in anti-competitive
behavior. Such determination may include, but is not limited
to, a determination that--
``(A) the patented invention is priced excessively
relative to the median price for developed countries or
by other reasonable standards, and that such pricing
contravenes the public interest; or
``(B) the patented invention is an essential
component of a health care product that involves
patents, and the licensing terms for the patent on the
invention are not reasonable and deter innovation or
product development, contrary to the public interest.
``(4) An invention covered by a patent (the `second
patent') cannot be exploited without infringing upon the patent
described in subsection (a) (the `first patent'), insofar as
the invention claimed in the second patent involves an
important technical advance.
``(5) The invention claimed in the patent is needed for
research purposes that would benefit the public health, and is
not licensed on reasonable terms and conditions.
``(c) Factors in Authorizing Other Use.--In exercising the right
under subsection (a) to authorize other use of the subject matter of a
patent, the following shall apply:
``(1) In cases involving commercial use, such use may be
permitted only if, prior to such use, the proposed user has
made efforts to obtain authorization from the right holder on
reasonable commercial terms and conditions and such efforts
have not been successful within a reasonable period of time.
``(2) The right holder shall be paid adequate remuneration
for the use of the patent.
``(3) Where such use is authorized under subsection (b)(4),
the owner of the first patent shall be entitled to a license on
reasonable terms to use the invention claimed in the second
patent.
``(d) Considerations for Determining Remuneration for Use of a
Patent.--In determining the reasonableness of licensing terms and the
remuneration for the use of a patent under subsection (c), the
Secretary of Health and Human Services or the Federal Trade Commission
(as the case may be) shall consider--
``(1) the risks and costs associated with the invention
claimed in the patent and the commercial development of
products that use the invention;
``(2) the efficacy and innovative nature and importance to
the public health of the invention or products using the
invention;
``(3) the degree to which the invention benefited from
publicly funded research;
``(4) the need for adequate incentives for the creation and
commercialization of new inventions;
``(5) the interests of the public as patients and payers
for health care services; and
``(6) the public health benefits of expanded access to the
invention.
``(e) Consistency With TRIPS.--The Secretary of Health and Human
Services and the Federal Trade Commission may adopt regulations jointly
to implement the purposes of this section, consistent with the
Agreement on Trade-Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the Uruguay Round Agreements Act.
``(f) Definition.--In this section, the term `health care product'
means any drug or device (as those terms are defined in section 201 of
the Federal Food, Drug, and Cosmetic Act), any biological product (as
defined in section 351 of the Public Health Service Act), or any
technology or process to the extent the technology or process is
applied to health or health care.''.
(b) Conforming Amendment.--The table of contents for chapter 14 of
title 35, United States Code, is amended by adding at the end the
following new item:
``158. Compulsory licensing.''.
SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES.
(a) Report Requirement.--Any person engaged in the manufacture and
sale of any drug approved under section 505 or 512 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is
still in effect shall report to the Secretary of Health and Human
Services annually an audit of all financial information relevant to the
pricing of that drug nationally and internationally, including, in
formats specified by the Secretary, an accounting of the costs
allocated to research and development of that drug, as well as costs
allocated to other research and development activities. The Secretary
shall transmit the reports filed under this subsection to the Congress.
(b) Civil Penalty.--
(1) Penalty.--Any person who fails to submit a report under
subsection (a) by the date specified pursuant to subsection (c)
shall be liable to the United States for a civil penalty in an
amount not to exceed $25,000 for each such violation. Each day
such a violation continues shall, for purposes of this
subsection, constitute a separate violation of subsection (a).
(2) Procedures.--A civil penalty for a violation of
subsection (a) shall be assessed by order of the Secretary of
Health and Human Services after opportunity (provided in
accordance with this paragraph) for a hearing in accordance
with section 554 of title 5, United States Code. Before issuing
such an order, the Secretary shall give written notice to the
person to be assessed a civil penalty under such order of the
Secretary's proposal to issue such order and provide such
person an opportunity to request, within 15 days of the date
the notice is received by such person, such a hearing on the
order.
(3) Judicial review.--Any person who requested a hearing in
accordance with paragraph (2) a hearing and who is aggrieved by
an order assessing a civil penalty pursuant to the hearing may
seek judicial review of the order by filing a petition for
judicial review in the appropriate United States district court
not later than 30 days after the date on which the order was
issued.
(4) Failure to pay penalty.--If any person fails to pay an
assessment of a civil penalty--
(A) after the order making the assessment has
become a final order and if such person does not file a
petition for judicial review of the order, or
(B) after a court in an action for judicial review
of the order has entered a final judgment in favor of
the Secretary of Health and Human Services,
the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the date of the
expiration of the 30-day period referred to in paragraph (3) or
the date of such final judgment, as the case may be) in an
action brought in any appropriate district court of the United
States. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
(c) Regulations.--The Secretary of Health and Human Services shall
issue such regulations as are necessary to carry out this section,
including specifying the dates by which the reports under subsection
(a) must be submitted. | Affordable Prescription Drugs and Medical Inventions Act - Amends Federal patent law to grant the Secretary of Health and Human Services and the Federal Trade Commission the right to establish compulsory licensing (without authorization of the right holder) for use of patented inventions relating to health care upon a determination that: (1) the patent holder, contractor, licensee, or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in a field of use; (2) establishing other use of the subject matter of the patent is necessary to alleviate health or safety needs which are not adequately satisfied by the patent holder, contractor, licensee, or assignee; (3) the patent holder has engaged in specified anticompetitive behavior, including excessive pricing; (4) an invention covered by a patent cannot be exploited without infringing upon the first patent, insofar as the invention claimed in the second patent involves an important technical advance; or (5) the invention claimed in the patent is needed for research purposes that would benefit the public health, and is not licensed on reasonable terms and conditions.Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, and for which a patent is still in effect, to report annually to the Secretary of Health and Human Services an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs. Establishes civil penalties for noncompliance. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Preventive Health
Act of 1993''.
SEC. 2. MEDICARE COVERAGE OF COMPREHENSIVE HEALTH ASSESSMENT.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (O);
(2) by striking the semicolon at the end of subparagraph
(P) and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(Q) comprehensive health assessment (as defined in
subsection (oo));''.
(b) Comprehensive Health Assessment Defined.--Section 1861 of such
Act (42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``comprehensive health assessment
``(oo)(1) The term `comprehensive health assessment' means a
procedure conducted by a primary care physician (as defined in
paragraph (3)) that is provided to an individual enrolled under part B
who elects to receive coverage for such assessment (at such time and in
such manner as the Secretary may provide by regulation) and that
consists of the following examinations, tests, and procedures:
``(A) The taking of a health history.
``(B) A physical examination, including an examination for
height, weight, blood pressure, visual acuity, hearing, and
palpation for pre-clinical disease.
``(C) Laboratory and screening procedures, including--
``(i) nonfasting total blood cholesterol;
``(ii) fecal occult blood testing, and
``(iii) sigmoidoscopy (in accordance with a
periodicity schedule established by the Secretary).
``(D) Counseling services, including counseling relating
to--
``(i) exercise;
``(ii) smoking cessation;
``(iii) substance abuse prevention;
``(iv) injury prevention;
``(v) dental health;
``(vi) prescription drug use;
``(vii) the need to visit eye specialists for
glaucoma testing;
``(viii) diet;
``(ix) in the case of women, the need for regular
mammograms and pap smears; and
``(x) in the case of individuals identified as
being at high risk for specific medical conditions,
counseling for--
``(I) estrogen replacement therapy,
``(II) aspirin therapy, and
``(III) skin protection from ultraviolet
light.
``(2) For purposes of this subsection, the term `primary care
physician' includes a physician (described in section 1861(r)(1)) who
is a family practitioner, general practitioner, internal medicine
specialist, general preventive medicine specialist, obstetrical or
gynecological specialist, pediatrician.''.
(c) Amount of Payment; Waiver of Copayment.--(1) Section 1833(a)(1)
of such Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``1834(h)(1), (M)'' and inserting
``1834(h)(1), (N)'';
(B) by striking ``(r)(2)) and (N)'' and inserting
``(r)(2)), (O)''; and
(C) by striking the semicolon at the end and inserting the
following: ``, and (P) with respect to expenses incurred for a
comprehensive health assessment (as described in section
1861(oo)), the amounts paid shall be 100 percent of the
reasonable charge for such assessment or the fee schedule
amount determined under section 1848 for such assessment;''.
(2) The second to last sentence of section 1866(a)(2)(A) of such
Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``with
the first opinion),'' the following: ``with respect to a comprehensive
health assessment (as described in section 1861(oo)),''.
(d) Financing Through Increase in Part B Premium.--Section 1839 of
such Act (42 U.S.C. 1395r) is amended by adding at the end the
following new subsection:
``(g) Notwithstanding any other provision of this section, in the
case of an individual enrolled under this part who elects to receive
coverage for a comprehensive health assessment pursuant to section
1861(oo)(1) for months in a calendar year, the amount of the monthly
premium otherwise applicable to the individual under this section for
months in such year shall be increased by such amount as the Secretary
determines to be necessary to ensure that the amount of expenditures
made under this part during the year as a result of the enactment of
the Older Americans Preventive Health Act of 1993 will not exceed the
amount of expenditures that would have been made under this part during
the year if such Act had not been enacted into law.''.
(e) Effective Date.--The amendments made by this sections shall
apply to services furnished on or after January 1, 1994.
SEC. 2. MEDICARE COVERAGE OF CERTAIN IMMUNIZATIONS.
(a) In General.--Section 1861(s)(10) of the Social Security Act (42
U.S.C. 1395x(s)(10)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a comma;
(2) in subparagraph (B), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(C) such immunizations as the Secretary designates for
prevention or treatment of tuberculosis, meningococcal
meningitis, tetanus, diptheria, and such other infectious
diseases as the Secretary determines present a public health
problem, furnished to individuals who, as determined in
accordance with regulations promulgated by the Secretary, are
at high risk of contracting any of such diseases;''.
(b) Waiver of Copayment.--(1) Section 1833(a)(1)(B) of such Act (42
U.S.C. 1395l(a)(1)(B)) is amended by striking ``1861(s)(10)(A)'' and
inserting ``1861(s)(10)''.
(2) The third sentence of section 1866(a)(2)(A) of such Act (42
U.S.C. 1395cc(a)(2)(A)) is amended by striking ``1861(s)(10)(A)'' and
inserting ``1861(s)(10)''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to items and services furnished on or after January 1,
1994.
SEC. 3. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR PROVISION OF
EDUCATION AND INFORMATION REGARDING CANCER.
Section 408(a)(1) of the Public Health Service Act (42 U.S.C.
284c(a)(1)) is amended by adding at the end the following new
subparagraph:
``(C)(i) Subject to clause (ii), for the purpose of
providing under sections 412 and 413 education and information
regarding cancer to health professionals and the public, there
are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1994 through 1996. The
authorization of appropriations established in the preceding
sentence is in addition to any other authorization of
appropriations that is available for such purpose.
``(ii) In carrying out the purpose described in clause (i)
with amounts appropriated under such clause, the Director of
the Cancer Institute shall give priority to carrying out the
purpose with respect to low-income individuals.''. | Older Americans Preventive Health Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of a comprehensive health assessment and certain immunizations under Medicare part B (Supplementary Medical Insurance).
Amends the Public Health Service Act to authorize additional appropriations for the provision of education and information regarding cancer to health professionals and the public. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``No More Tulias: Drug Law Enforcement
Evidentiary Standards Improvement Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In recent years it has become clear that programs
funded by the Edward Byrne Memorial Justice Assistance Grant
program (referred to in this Act as the ``Byrne grants
program'') have perpetuated racial disparities, corruption in
law enforcement, and the commission of civil rights abuses
across the country. This is especially the case when it comes
to the program's funding of hundreds of regional antidrug task
forces because the grants for these antidrug task forces have
been dispensed to State governments with very little Federal
oversight and have been prone to misuse and corruption.
(2) Numerous Government Accountability Office reports have
found that the Department of Justice has inadequately monitored
grants provided under the Byrne grants program. A 2001 General
Accounting Office report found that one-third of the grants did
not contain required monitoring plans. Seventy percent of files
on such grants did not contain required progress reports.
Forty-one percent of such files did not contain financial
reports covering the full grant period. A 2002 report by the
Heritage Foundation reported that ``there is virtually no
evidence'' that the Byrne grants program has been successful in
reducing crime and that the program lacks ``adequate measures
of performance''.
(3) A 2002 report by the American Civil Liberties Union of
Texas identified 17 recent scandals involving antidrug task
forces in Texas that receive funds under the Byrne grants
program. Such scandals include cases of the falsification of
government records, witness tampering, fabricating evidence,
false imprisonment, stealing drugs from evidence lockers,
selling drugs to children, large-scale racial profiling, sexual
harassment, and other abuses of official capacity. Recent
scandals in other States include the misuse of millions of
dollars in Byrne grants program money in Kentucky and
Massachusetts, wrongful convictions based on police perjury in
Missouri, and negotiations with drug offenders to drop or lower
their charges in exchange for money or vehicles in Alabama,
Arkansas, Georgia, Massachusetts, New York, Ohio, and
Wisconsin.
(4) The most well-known Byrne-funded task force scandal
occurred in Tulia, Texas, where dozens of African American
residents (totaling over 16 percent of the town's African
American population) were arrested, prosecuted, and sentenced
to decades in prison, based solely on the uncorroborated
testimony of one undercover officer whose background included
past allegations of misconduct, sexual harassment, unpaid
debts, and habitual use of a racial epithet. The undercover
officer was allowed to work alone, and not required to provide
audiotapes, video surveillance, or eyewitnesses to corroborate
his allegations. Despite the lack of physical evidence or
corroboration, the charges were vigorously prosecuted. After
the first few trials resulted in convictions and lengthy
sentences, many defendants accepted plea bargains. Suspicions
regarding the legitimacy of the charges eventually arose after
two of the accused defendants were able to produce convincing
alibi evidence to prove that they were out of State or at work
at the time of the alleged drug purchases. Texas Governor Rick
Perry eventually pardoned the Tulia defendants (after four
years of imprisonment), but these kinds of scandals continue to
plague Byrne grant program spending.
(5) A case arose in a Federal court in Waco, Texas
concerning the wrongful arrests of 28 African Americans out of
4,500 other residents of Hearne, Texas. In November 2000 these
individuals were arrested on charges of possession or
distribution of crack cocaine, and they subsequently filed a
case against the county government. On May 11, 2005, a
magistrate judge found sufficient evidence that a Byrne-funded
anti-drug task force had routinely targeted African Americans
to hold the county liable for the harm suffered by the
plaintiffs. Plaintiffs in that lawsuit alleged that for the
past 15 years, based on the uncorroborated tales of informants,
task force members annually raided the African American
community in eastern Hearne to arrest the residents identified
by the confidential informants, resulting in the arrest and
prosecution of innocent citizens without cause. On the eve of
trial the counties involved in the Hearne task force scandal
settled the case, agreeing to pay financial damages to the
plaintiffs.
(6) Scandals related to the Byrne grants program have grown
so prolific that the Texas legislature has passed several
reforms in response to them, including outlawing racial
profiling and changing Texas law to prohibit drug offense
convictions based solely on the word of an undercover
informant. The Criminal Jurisprudence Committee of the Texas
House of Representatives issued a report in 2004 recommending
that all of the State's federally funded antidrug task forces
be abolished because they are inherently prone to corruption.
The Committee reported, ``Continuing to sanction task force
operations as stand-alone law enforcement entities--with
widespread authority to operate at will across multiple
jurisdictional lines--should not continue. The current approach
violates practically every sound principle of police oversight
and accountability applicable to narcotics interdiction.'' The
Texas legislature passed a law that ends the ability of a
narcotics task force to operate as an entity with no clear
accountability. The legislation transfers authority for
multicounty drug task forces to the Department of Public Safety
and channels one-quarter of asset forfeiture proceeds received
by the task forces to a special fund to support drug abuse
prevention programs, drug treatment, and other programs
designed to reduce drug use in the county where the assets are
seized.
(7) Texas's ``corroboration'' law was passed thanks to a
coalition of Christian conservatives and civil rights
activists. As one Texas preacher related, requiring
corroboration ``puts a protective hedge around the ninth
commandment, `You shall not bear false witness against your
neighbor.' As long as people bear false witness against their
neighbors, this Biblical law will not be outdated.''
(8) During floor debate, conservative Texas legislators
pointed out that Mosaic law requires corroboration: ``One
witness shall not rise up against a man for any iniquity, or
for any sin, in any sin that he sinneth: at the mouth of two
witnesses, or at the mouth of three witnesses, shall the matter
be established.'' Deuteronomy 19:15. Jesus concurred with the
corroboration rule: ``If thy brother shall trespass against
thee, go and tell him his fault between thee and him alone. . .
. But if he will not hear thee, then take with thee one or two
more, that in the mouth of two or three witnesses every word
may be established.'' Matthew 18:15-16.
(9) Texas's ``corroboration'' law had an immediate positive
impact. Once prosecutors needed more than just the word of one
person to convict someone of a drug offense they began
scrutinizing law enforcement tactics. This new scrutiny led to
the uncovering of massive corruption and civil rights abuse by
the Dallas police force. In what became known nationally as the
``Sheetrock'' scandal, Dallas police officers and undercover
informants were found to have set up dozens of innocent people,
mostly Mexican immigrants, by planting fake drugs on them
consisting of chalk-like material used in Sheetrock and other
brands of wallboard. The revelations led to the dismissal of
over 40 cases (although some of those arrested were already
deported). In April 2005, a former Dallas narcotics detective
was sentenced to five years in prison for his role in the
scheme. Charges against others are pending.
(10) Many regional antidrug task forces receive up to 75
percent of their funding from the Byrne grant program. As such,
the United States Government is accountable for corruption and
civil rights abuses inherent in their operation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) grants under the Byrne grants program should be
prohibited for States that do not exercise effective control
over antidrug task forces;
(2) at a minimum, no State that fails to prohibit criminal
convictions based solely on the testimony of a law enforcement
officer or informants should receive a grant under such
program; and
(3) corroborative evidence, such as video or audio tapes,
drugs, and money, should always be required for such criminal
convictions to be sustained.
SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT
OF JUSTICE LAW ENFORCEMENT ASSISTANCE.
(a) Limitation.--For any fiscal year, a State shall not receive any
amount that would otherwise be allocated to that State under section
505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755(a)), or any amount from any other law enforcement
assistance program of the Department of Justice, unless the State--
(1) does not fund any antidrug task forces for that fiscal
year; or
(2) has in effect throughout the State laws that ensure--
(A) a person is not convicted of a drug offense
unless the fact that a drug offense was committed, and
the fact that the person committed that offense, are
each supported by evidence other than the eyewitness
testimony of a law enforcement officer or an individual
acting on behalf of a law enforcement officer; and
(B) a law enforcement officer does not participate
in an antidrug task force unless the honesty and
integrity of that officer is evaluated and found to be
at an appropriately high level.
(b) Regulations.--The Attorney General shall prescribe regulations
to carry out subsection (a).
(c) Reallocation.--Amounts not allocated by reason of subsection
(a) shall be reallocated to States not disqualified by failure to
comply with such subsection.
SEC. 4. COLLECTION OF DATA.
(a) In General.--A State that receives Federal funds pursuant to
eligibility under section 3(a)(2), with respect to a fiscal year, shall
collect data, for the most recent year for which funds were allocated
to such State, with respect to the--
(1) racial distribution of charges made during that year;
(2) nature of the criminal law specified in the charges
made; and
(3) city or law enforcement jurisdiction in which the
charges were made.
(b) Report.--As a condition of receiving Federal funds pursuant to
section 3(a)(2), a State shall submit to Congress the data collected
under subsection (a) by not later than the date that is 180 days prior
to the date on which such funds are awarded for a fiscal year. | No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 - Prohibits a state from receiving for a fiscal year any drug control and system improvement (Byrne) grant funds under the Omnibus Crime Control and Safe Streets Act of 1968, or any amount from any other law enforcement assistance program of the Department of Justice, unless the state does not fund any antidrug task forces for that fiscal year or the state has in effect laws that ensure that: (1) a person is not convicted of a drug offense unless the facts that a drug offense was committed and that the person committed that offense are supported by evidence other than the eyewitness testimony of a law enforcement officer (officer) or individuals acting on an officer's behalf; and (2) an officer does not participate in a antidrug task force unless that officer's honesty and integrity is evaluated and found to be at an appropriately high level.
Requires states receiving federal funds under this Act to collect data on the racial distribution of drug charges, the nature of the criminal law specified in the charges, and the jurisdictions in which such charges are made. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Center to Advance, Monitor, and
Preserve University Security Safety Act of 2013'' or the ``CAMPUS
Safety Act of 2013''.
SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
Subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended--
(1) in section 501 (42 U.S.C. 3751)--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or purposes'' after ``one
or more of the following programs''; and
(ii) by adding at the end the following:
``(H) Making subawards to institutions of higher
education and other nonprofit organizations to assist
the National Center for Campus Public Safety in
carrying out the functions of the Center required under
section 509(b).''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``or'' at
the end;
(ii) in paragraph (2), by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) institutions of higher education and other nonprofit
organizations, for purposes of carrying out section 509.''; and
(2) by adding at the end the following:
``SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(b) Authority To Establish and Operate Center.--The Attorney
General may establish and operate a National Center for Campus Public
Safety (referred to in this section as the `Center').
``(c) Functions of the Center.--The Center shall--
``(1) provide quality education and training for public
safety personnel of institutions of higher education and their
collaborative partners, including campus mental health
agencies;
``(2) foster quality research to strengthen the safety and
security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and
dissemination of information, policies, protocols, procedures,
and best practices relevant to campus public safety, including
off-campus housing safety, the prevention of violence against
persons and property, and emergency response and evacuation
procedures;
``(4) coordinate with the Secretary of Homeland Security,
the Secretary of Education, State, local and tribal governments
and law enforcement agencies, private and nonprofit
organizations and associations, and other stakeholders, to
develop protocols and best practices to prevent, protect
against and respond to dangerous and violent situations
involving an immediate threat to the safety of the campus
community;
``(5) promote the development and dissemination of
effective behavioral threat assessment and management models to
prevent campus violence;
``(6) identify campus safety information (including ways to
increase off-campus housing safety) and identify resources
available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local,
and tribal governments and law enforcement agencies, and
private and nonprofit organizations and associations;
``(7) promote cooperation, collaboration, and consistency
in prevention, response, and problem-solving methods among
public safety and emergency management personnel of
institutions of higher education and their campus- and non-
campus-based collaborative partners, including law enforcement,
emergency management, mental health services, and other
relevant agencies;
``(8) disseminate standardized formats and models for
mutual aid agreements and memoranda of understanding between
campus security agencies and other public safety organizations
and mental health agencies; and
``(9) report annually to Congress on activities performed
by the Center during the previous 12 months.
``(d) Coordination With Available Resources.--In establishing the
Center, the Attorney General shall--
``(1) coordinate with the Secretary of Homeland Security,
the Secretary of Education, and appropriate State or territory
officials;
``(2) ensure coordination with campus public safety
resources within the Department of Homeland Security, including
within the Federal Emergency Management Agency, and the
Department of Education; and
``(3) coordinate within the Department of Justice and
existing grant programs to ensure against duplication with the
program authorized by this section.
``(e) Reporting and Accountability.--At the end of each fiscal
year, the Attorney General shall--
``(1) issue a report that assesses the impacts, outcomes
and effectiveness of the grants distributed to carry out this
section;
``(2) in compiling such report, assess instances of
duplicative activity, if any, performed through grants
distributed to carry out this section and other grant programs
maintained by the Department of Justice, the Department of
Education, and the Department of Homeland Security; and
``(3) make such report available on the Department of
Justice website and submit such report to the Senate and House
Judiciary Committees and the Senate and House Appropriations
Committees.''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall
preclude public elementary and secondary schools or their larger
governing agencies from receiving the informational and training
benefits of the National Center for Campus Public Safety authorized
under section 509 of the Omnibus Crime Control and Safe Streets Act of
1968, as added by this Act. | Center to Advance, Monitor, and Preserve University Security Safety Act of 2013 or the CAMPUS Safety Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to establish and operate a National Center for Campus Public Safety. Tasks the Center with strengthening the safety and security of institutions of higher education (IHEs) by: (1) training IHE public safety personnel and their collaborative partners; (2) fostering relevant research; (3) collecting and disseminating information and best practices regarding campus safety; (4) developing protocols and best practices to prevent, protect against, and respond to dangerous and violent situations that threaten the campus community; and (5) promoting cooperation among public safety and emergency management personnel of IHEs and their collaborative partners, including law enforcement, emergency management, and mental health agencies. Allows states and localities to use Edward Byrne Memorial Justice Assistance Grants to make subawards to IHEs and other nonprofit organizations to assist the Center in carrying out those functions. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hope Act of 2003''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT
ORGANIZATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30A the following new section:
``SEC. 30B. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year the aggregate amount
of qualified contributions for the taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(c) Qualified Contributions.--For purposes of this section--
``(1) In general.--The term `qualified contribution' means
a charitable contribution (as defined by section 170(c)) to an
education investment organization.
``(2) Education investment organization.--The term
`education investment organization' means any organization
described in section 170(c)(2) if the annual disbursements of
the organization in the form of grants to students who are
eligible for free or reduced-cost lunches under the school
lunch program established under the Richard B. Russell National
School Lunch Act for qualified elementary and secondary
education expenses are normally not less than 90 percent of the
sum of such organization's annual cash contributions.
``(3) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' has the meaning given such term by section
530(b)(4), except that `child' shall be substituted for
`beneficiary' and `a child' shall be substituted for `the
designated beneficiary of the trust' in clauses (i) and (iii)
of subparagraph (A).
``(4) State credit must be taken first.--
``(A) No credit shall be allowed to a taxpayer
under this section for a taxable year unless, for the
taxable year, the taxpayer is allowed on the taxpayer's
State tax return the minimum State qualified
scholarship tax credit (as defined in section 3 of the
Children's Hope Act of 2003).
``(B) No credit shall be allowed to a taxpayer
under this section for such taxable year for any
contributions that were taken into account for purposes
of such State qualified scholarship tax credit.
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under any provision of this chapter for any expense for
which a credit is allowed under this section.
``(2) Time when contributions deemed made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to an education investment organization on the
last day of the preceding taxable year if the contribution is
made on account of such taxable year and is made not later than
the time prescribed by law for filing the return for such
taxable year (not including extensions thereof).''.
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30A the
following new item:
``Sec. 30B. Contributions to education
investment organizations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED
SCHOLARSHIP TAX CREDIT.
(a) In General.--For purposes of section 30B(e) of the Internal
Revenue Code of 1986 (as added by section 2 of this Act) a scholarship
tax credit shall not be treated as a State qualified scholarship tax
credit unless the requirements of subsection (b) are met.
(b) Requirements Relating to State Qualified Scholarship Tax
Credit.--
(1) In general.--For purposes of subsection (a), the
requirements of this subsection are met only if--
(A) the tax credit is for an amount of not less
than $250 per taxpayer and is allowed against the State
income tax (property tax for those States that don't
have income tax) for the amount of voluntary cash
contributions made by the taxpayer during the taxable
year to a school tuition organization described in
paragraph (2),
(B) the excess of such credit over tax liability
may be carried forward for not more than five years,
(C) if the taxpayer does not require, as a
condition of the contribution, that the contribution
must benefit a specific child, and
(D) such credit is not allowable for direct
donations to private schools.
(2) School tuition organization.--For purposes of paragraph
(1), a school tuition organization is described in this
paragraph if such organization--
(A) is an organization operating in the State and
is described in section 501(c)(3), and is exempt from
tax under section 501(a), of the Internal Revenue Code
of 1986,
(B) expends at least 90 percent of its annual cash
contributions for educational scholarships or tuition
grants to children to allow them to attend any
qualified school chosen at the sole discretion of their
parents, and
(C) disburses at least 90 percent of its annual
cash contributions within one year of their receipt.
(3) Qualified school.--For purposes of paragraph (2), the
term ``qualified school'' means any elementary school or
secondary school that is located in the State in which the
taxpayer resides and does not discriminate on the basis of
race, color, handicap, familial status, or national origin and
that satisfies the requirements prescribed by State law for
such schools as of December 31, 2004.
(4) Educational scholarships or tuition grants.--The term
``educational scholarship or a tuition grant'' means any
scholarship or grant awarded for qualified elementary and
secondary education expenses (as defined in section 530(b)(4)
of the Internal Revenue Code of 1986).
(c) State.--For purposes of this section, the term ``State'' means
any of the several States. | Children's Hope Act of 2003 - Amends the Internal Revenue Code to provide for a credit ($100, $200 for joint return) which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations (as defined by this Act) that provide qualifying assistance for elementary and secondary education. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Health Services Improvement
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 160,000 United States servicemembers are
serving their country in Operation Enduring Freedom and
Operation Iraqi Freedom.
(2) There currently are more than 100,000 activated
National Guard and reserve component forces engaged in the war
on terrorism.
(3) According to the Department of the Army, nearly one in
six soldiers who have served in Operation Iraqi Freedom suffers
from post-traumatic stress disorder.
(4) More than 900 soldiers have been evacuated from Iraq
since the beginning of Operation Iraqi Freedom because of
mental health problems.
(5) The stigma associated with mental health treatment
remains a significant obstacle to seeking mental health care.
(6) Untreated post-traumatic stress disorder and other
mental health illnesses have been linked to severe social
problems, including alcohol and drug abuse, domestic violence,
child abuse, familial disintegration, and homelessness.
SEC. 3. PRE- AND POST-DEPLOYMENT SCREENING PROGRAM FOR MEMBERS OF THE
ARMED FORCES.
(a) Pre- and Post-Deployment Evaluations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall prescribe in regulations--
(1) a requirement that members of the Armed Forces
deploying to a combat theater receive a mental health
evaluation conducted in person by a qualified mental health
professional before their deployment; and
(2) a requirement that members of the Armed Forces
returning from service of more than 30 days in a combat theater
or who were injured in a combat theater receive a combat stress
evaluation conducted in person by a qualified mental health
professional within 30 days after the date on which the member
returns from the combat theater.
(b) Mental Health Awareness Program.--
(1) Program.--The Secretary of Defense shall implement a
program designed to--
(A) raise awareness about mental health issues that
members of the Armed Forces and their families may
encounter during and after deployment of the member;
and
(B) reduce the stigma associated with mental health
care.
(2) Implementation.--The Secretary, pursuant to
regulations, may enter into arrangements with an accredited
college, university, hospital-based, or community-based mental
health center to carry out the program under this subsection.
The Secretary shall ensure that the program is made available
in foreign languages if necessary to aid comprehension among
persons to be helped by the program.
(3) Deadline.--The Secretary shall carry out this
subsection not later than 180 days after the date of the
enactment of this Act.
(c) Hold-Harmless for Mental Health Treatment.--In carrying out any
mental health-related program, the Secretary shall ensure that neither
the provision of mental health services nor inquiries about mental
health services shall adversely affect an individual's career.
SEC. 4. MENTAL HEALTH AWARENESS FOR DEPENDENTS.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop a program
to improve awareness of the availability of mental health services for,
and warning signs about mental health problems in, dependents of
members of the Armed Forces whose sponsor served or will serve in a
combat theater during the previous or next 60 days.
(b) Matters Covered.--The program developed under subsection (a)
shall be designed to--
(1) increase awareness of mental health services available
to dependents of members of the Armed Forces on active duty;
(2) increase awareness of mental health services available
to dependents of Reservists and National Guard members whose
sponsors have been activated; and
(3) increase awareness of mental health issues that may
arise in dependents referred to in paragraphs (1) and (2) whose
sponsor is deployed to a combat theater.
(c) Toll-Free Number.--In carrying out this section, the Secretary
of Defense shall establish a toll-free informational telephone number
and website devoted to helping members of the Armed Forces and their
dependents recognize, and locate treatment providers for, post-
traumatic stress disorder and other forms of combat stress.
(d) Coordination.--The Secretary may permit the Department of
Defense to coordinate the program developed under subsection (a) with
an accredited college, university, hospital-based, or community-based
mental health center or engage mental health professionals to develop
programs to help implement this section.
(e) Availability in Other Languages.--The Secretary shall ensure
that the program developed under subsection (a) is made available in
foreign languages if necessary to aid comprehension among persons to be
helped by the program.
SEC. 5. IMPROVED COORDINATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Memorandum of Understanding.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall enter into a memorandum of
understanding to improve the transition of mental health-related cases
from the Department of Defense to the Department of Veterans Affairs.
(b) Matters Covered.--The memorandum of understanding under
subsection (a) shall specifically include requirements--
(1) that the Department of Defense report to the Department
of Veterans Affairs any case or suspected case of post-
traumatic stress disorder, or other disorders or symptoms that
result from deployment to a combat theater, in a member of the
Armed Forces upon the member's discharge from the Armed Force;
and
(2) that the Department of Defense report to the Department
of Veterans Affairs any disciplinary measures taken against a
member of the Armed Forces during or after service in a combat
theater upon the member's discharge from the Armed Forces.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the implementation of this section.
SEC. 6. CLEARINGHOUSE FOR INFORMATION RELATING TO COMBAT STRESS
TREATMENT PROFESSIONALS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall create an information clearinghouse
to improve the availability of information about mental health
professionals who treat combat stress.
SEC. 7. AVAILABILITY OF MENTAL HEALTH SERVICES UNDER TRICARE FOR
CERTAIN RESERVE MEMBERS AFTER DEACTIVATION.
The Secretary of Defense shall prescribe regulations to provide for
the availability of mental health services under the TRICARE program
under chapter 55 of title 10, United States Code, for an eligible
member of a reserve component of the Armed Forces and the family
members of the member, during the 24-month period following the date of
termination of the member's service in the reserve component. In this
section, a member of a reserve component is eligible if the member was
called or ordered to active duty for a period of more than 30 days
under a provision of law referred to in section 101(a)(13)(B) of title
10, United States Code, and who served continuously on active duty for
90 or more days in a combat zone pursuant to such call or order.
SEC. 8. DEFINITION.
In this Act, the term ``qualified mental health professional''
means--
(1) an accredited psychologist, psychiatrist, child
psychiatrist, psychiatric nurse, or clinical social worker; or
(2) a student seeking a post-graduate degree in one of the
following mental health-related fields: psychiatry, psychology,
psychiatric nursing, or clinical social work. | Military Health Services Improvement Act of 2005 - Directs the Secretary of Defense to prescribe a requirement that members of the Armed Forces: (1) deploying to a combat theater receive a pre-deployment mental health evaluation conducted by a qualified mental health professional; and (2) returning from service of more than 30 days in a combat theater, or injured in a combat theater, receive a post-deployment combat stress evaluation conducted by a qualified mental health professional.
Directs the Secretary to implement a program designed to: (1) raise awareness about mental health issues that members may encounter during and after deployment; and (2) reduce the stigma associated with mental health care.
Directs the Secretary to develop a program to improve awareness of the availability of mental health services for, and warning signs about mental health problems in, dependents of members who served or will serve in a combat theater during the previous or next 60 days. Requires such program to include a toll-free number and informational website.
Directs the Secretary: (1) and the Secretary of Veterans Affairs to enter into a memorandum of understanding to improve the transition of mental health-related cases from the Department of Defense (DOD) to the Department of Veterans Affairs (VA); (2) to create an information clearinghouse to improve the availability of information about mental health professionals who treat combat stress; and (3) to provide for the availability (for a two-year period) of mental health services under the TRICARE program (a DOD managed health care program) for reserve personnel who performed certain active duty (and their family members). | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Pay Compression
Relief Act of 2004''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 5, United States Code.
SEC. 2. AMENDMENTS RELATING TO BASIC PAY.
(a) Administrative Law Judges.--Section 5372(b)(1)(C) is amended by
striking ``may not exceed the rate for level IV'' and inserting ``may
not exceed the rate for level III''.
(b) Contract Appeals Board Members.--Section 5372a is amended--
(1) by striking subsection (b) and inserting the following:
``(b)(1) Rates of basic pay under this section--
``(A) shall consist of--
``(i) the rate for the chairman of an appeals
board;
``(ii) the rate for the vice chairman of an appeals
board; and
``(iii) the rate for all other contract appeals
board members;
``(B) shall be initially adjusted by the Office of
Personnel Management and thereafter adjusted under paragraph
(2); and
``(C) shall not be greater than the rate of basic pay for
level III of the Executive Schedule nor less than 94 percent of
the rate of basic pay for level IV of the Executive Schedule.
``(2) Subject to paragraph (1)(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 in the
rates of basic pay under the General Schedule, each rate of basic pay
for contract appeals board members shall be adjusted by an amount
determined by the President to be appropriate.''; and
(2) by adding after subsection (c) the following:
``(d) The Office of Personnel Management shall prescribe
regulations necessary to administer this section.''.
(c) Certain Senior-Level Positions.--Section 5376(b)(1)(B) is
amended by striking ``level IV'' and inserting ``level III''.
SEC. 3. AMENDMENTS RELATING TO LOCALITY-BASED COMPARABILITY PAYMENTS.
(a) Modified Maximums.--Paragraph (2) of section 5304(g), as
amended by section 1125(a)(1)(A) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1638), is
amended to read as follows:
``(2) The applicable maximum under this subsection shall be--
``(A) level II of the Executive Schedule for positions
under subparagraphs (A)-(D) of subsection (h)(1); and
``(B) level III of the Executive Schedule for any positions
under subsection (h)(1)(E) which the President may
determine.''.
(b) Administrative Appeals Judges.--Section 5304(h)(1), as amended
by section 1125(a)(1)(B) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1638), is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) a position to which section 5372b applies (relating
to administrative appeals judges); and''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
Section 5304(h)(2)(B), as amended by section 1125(a)(1)(C) of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1638), is amended--
(1) in clause (i)--
(A) by striking ``(A) through (C)'' and inserting
``(A) through (D)''; and
(B) by striking ``(vii)'' and inserting ``(vi)'';
and
(2) in clause (ii), by striking ``(1)(D)'' and inserting
``(1)(E)''.
SEC. 5. APPLICABILITY.
(a) In General.--The amendments made by this Act shall--
(1) for purposes of computing any rate of compensation for
service performed in any pay period beginning before the date
specified under subsection (b), be treated as if they had never
been enacted; and
(2) for purposes of computing any rate of compensation for
service performed in any pay period beginning on or after the
date specified under subsection (b), take effect as if included
in the enactment of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1392).
(b) Date Specified.--The date specified under this subsection shall
be the earlier of--
(1) the first day of the first pay period beginning at
least 90 days after the date of the enactment of this Act; or
(2) such other date (not earlier than the date of the
enactment of this Act) as the Office of Personnel Management
may determine.
SEC. 6. REPORTING REQUIREMENT.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Office of Personnel Management shall submit
to the Committee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate a written
report containing the following:
(1) A list of all Executive Schedule positions, and the
rate of basic pay in effect for and the total number of
individuals occupying each such position.
(2) A comparison of the rates of basic pay for
administrative law judges, administrative appeals judges, and
contract appeals board members (before and after taking
comparability pay into account) with--
(A) the rates of basic pay for Executive Schedule
positions; and
(B) the rates of basic pay for United States
magistrate judges, United States bankruptcy judges,
judges of a United States district court, and judges of
a United States court of appeals, respectively.
(3) A determination of whether rates of basic pay for
administrative law judges, administrative appeals judges, and
contract appeals board members are incongruous with the rates
of basic pay for the positions referred to in paragraphs (2)(A)
and (2)(B), respectively.
(4) A recommendation on the extent to which the rates of
basic pay for Executive Schedule positions should be adjusted
(if at all), based on any determination under paragraph (3).
(5) Any other information or recommendation which the
Office of Personnel Management considers pertinent to the issue
of appropriate rates of basic pay for Executive Schedule
positions.
(b) Data and Methodology.--The report of the Office of Personnel
Management under this section shall include a statement identifying the
data and methodology used in preparing such report.
(c) Definitions.--For purposes of this section--
(1) the term ``Executive Schedule positions'' means
positions under the Executive Schedule under subchapter II of
chapter 53 of title 5, United States Code, and all other
positions in the executive branch the annual rates of basic pay
for which are individually fixed, or expressly authorized to be
fixed, by statute, at the rate provided for a level of the
Executive Schedule or at a rate determined by reference to a
level of the Executive Schedule, but does not include
administrative law judges, contract appeals board members, or
administrative appeals judges;
(2) the terms ``administrative law judge'', ``contract
appeals board member'', and ``administrative appeals judge''
have the meanings given them by sections 5372, 5372a, and 5372b
of title 5, United States Code, respectively; and
(3) the term ``comparability pay'' means comparability pay
under section 5304 of title 5, United States Code, or similar
provision of law.
Amend the title so as to read: ``A bill to adjust the rates
of pay payable to administrative law judges, and for other
purposes.''. | Pay Compression Relief Act of 2004 - (Sec. 2) Increases the maximum rates of basic pay for administrative law judges (ALJs), contract appeals board (CAB) members, and certain senior-level positions by linking those rates to level III of the Executive Schedule (currently level IV).
Establishes a minimum rate of pay for CAB members of not less than 94 percent of the rate of basic pay for level IV of the Executive Schedule. Requires rates of basic pay for CAB members to be adjusted annually by an amount determined by the President after the initial adjustment required by this Act.
(Sec. 3) Increases the maximum rate of locality pay for ALJs and certain senior-level and Senior Executive Service positions to level II of the Executive Schedule (currently level III).
Increases the maximum rate of locality pay for CAB members to level III of the Executive Schedule (currently level IV).
Specifies that administrative appeals judges (AAJs) are eligible for locality pay.
(Sec. 5) Sets forth effective dates for purposes of computing increases in pay under this Act.
(Sec. 6) Requires the Office of Personnel Management to submit a report to the House Government Reform Committee and the Senate Governmental Affairs Committee within six months of enactment of this Act that contains: (1) a list of Executive Schedule positions and the rates of basic pay for and total number of individuals occupying those positions; (2) a comparison of the rates of basic pay for ALJs, AAJs, and CAB members with those applicable to Executive Schedule positions and specified Federal judges; (3) a determination of whether rates of basic pay for ALJs, AAJs, and CAB members are incongruous with the compared positions; (4) a recommendation on the extent to which rates of basic pay for Executive Schedule positions should be adjusted; and (5) any other information or recommendations pertinent to Executive Schedule positions. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abby Honold Act''.
SEC. 2. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW
ENFORCEMENT.
(a) Definitions.--In this section--
(1) the term ``Attorney General'' means the Attorney
General, acting through the Director of the Office on Violence
Against Women;
(2) the term ``covered individual'' means an individual who
interfaces with victims of domestic violence, dating violence,
sexual assault, and stalking, including--
(A) an individual working for or on behalf of an
eligible entity;
(B) a school or university administrator; and
(C) an emergency services or medical employee;
(3) the term ``demonstration site'', with respect to an
eligible entity that receives a grant under this section,
means--
(A) if the eligible entity is a law enforcement
agency described in paragraph (4)(A), the area over
which the eligible entity has jurisdiction; and
(B) if the eligible entity is an organization or
agency described in paragraph (4)(B), the area over
which a law enforcement agency described in paragraph
(4)(A) that is working in collaboration with the
eligible entity has jurisdiction; and
(4) the term ``eligible entity'' means--
(A) a State, local, territorial, or tribal law
enforcement agency; or
(B) a national, regional, or local victim services
organization or agency working in collaboration with a
law enforcement agency described in subparagraph (A).
(b) Grants Authorized.--
(1) In general.--The Attorney General shall award grants on
a competitive basis to eligible entities to carry out the
demonstration program under this section by implementing
evidence-based or promising policies and practices to
incorporate trauma-informed techniques designed to--
(A) prevent re-traumatization of the victim;
(B) ensure that covered individuals use evidence-
based practices to respond to and investigate cases of
domestic violence, dating violence, sexual assault, and
stalking;
(C) improve communication between victims and law
enforcement officers in an effort to increase the
likelihood of the successful investigation and
prosecution of the alleged crime in a manner that
protects the victim to the greatest extent possible;
(D) increase collaboration among stakeholders who
are part of the coordinated community response to
domestic violence, dating violence, sexual assault, and
stalking; and
(E) evaluate the effectiveness of the training
process and content by measuring--
(i) investigative and prosecutorial
practices and outcomes; and
(ii) the well-being of victims and their
satisfaction with the criminal justice process.
(2) Term.--The Attorney General shall make grants under
this section for each of the first 2 fiscal years beginning
after the date of enactment of this Act.
(3) Award basis.--The Attorney General shall award grants
under this section to multiple eligible entities for use in a
variety of settings and communities, including--
(A) urban, suburban, tribal, remote, and rural
areas;
(B) college campuses; or
(C) traditionally underserved communities.
(c) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to--
(1) train covered individuals within the demonstration site
of the eligible entity to use evidence-based, trauma-informed
techniques throughout an investigation into domestic violence,
dating violence, sexual assault, or stalking, including by--
(A) conducting victim interviews in a manner that--
(i) elicits valuable information about the
domestic violence, dating violence, sexual
assault, or stalking; and
(ii) avoids re-traumatization of the
victim;
(B) conducting field investigations that mirror
best and promising practices available at the time of
the investigation;
(C) customizing investigative approaches to ensure
a culturally and linguistically appropriate approach to
the community being served;
(D) becoming proficient in understanding and
responding to complex cases, including cases of
domestic violence, dating violence, sexual assault, or
stalking--
(i) facilitated by alcohol or drugs;
(ii) involving strangulation;
(iii) committed by a non-stranger;
(iv) committed by an individual of the same
sex as the victim;
(v) involving a victim with a disability;
(vi) involving a male victim; or
(vii) involving a lesbian, gay, bisexual,
or transgender (commonly referred to as
``LGBT'') victim;
(E) developing collaborative relationships
between--
(i) law enforcement officers and other
members of the response team; and
(ii) the community being served; and
(F) developing an understanding of how to define,
identify, and correctly classify a report of domestic
violence, dating violence, sexual assault, or stalking;
and
(2) promote the efforts of the eligible entity to improve
the response of covered individuals to domestic violence,
dating violence, sexual assault, and stalking through various
communication channels, such as the website of the eligible
entity, social media, print materials, and community meetings,
in order to ensure that all covered individuals within the
demonstration site of the eligible entity are aware of those
efforts and included in trainings, to the extent practicable.
(d) Demonstration Program Trainings on Trauma-Informed
Approaches.--
(1) Identification of existing trainings.--
(A) In general.--The Attorney General shall
identify trainings for law enforcement officers, in
existence as of the date on which the Attorney General
begins to solicit applications for grants under this
section, that--
(i) employ a trauma-informed approach to
domestic violence, dating violence, sexual
assault, and stalking; and
(ii) focus on the fundamentals of the--
(I) neurobiology of trauma; and
(II) impact of trauma on victims of
domestic violence, dating violence,
sexual assault, and stalking.
(B) Selection.--An eligible entity that receives a
grant under this section shall select one or more of
the approaches employed by a training identified under
subparagraph (A) to test within the demonstration site
of the eligible entity.
(2) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Director of the Office
for Victims of Crime in order to seek input from and cultivate
consensus among outside practitioners and other stakeholders
through facilitated discussions and focus groups on best
practices in the field of trauma-informed care for victims of
domestic violence, dating violence, sexual assault, and
stalking.
(e) Evaluation.--The Attorney General, in consultation with the
Director of the National Institute of Justice, shall require each
eligible entity that receives a grant under this section to identify a
research partner, preferably a local research partner, to--
(1) design a system for generating and collecting the
appropriate data to facilitate an independent process or impact
evaluation of the use of the grant funds;
(2) periodically conduct an evaluation described in
paragraph (1); and
(3) periodically make publicly available, during the grant
period--
(A) preliminary results of the evaluations
conducted under paragraph (2); and
(B) recommendations for improving the use of the
grant funds.
(f) Authorization of Appropriations.--The Attorney General shall
carry out this section using amounts otherwise available to the
Attorney General. | Abby Honold Act This bill directs the Department of Justice's Office on Violence Against Women to make competitive grants to law enforcement agencies and victim services organizations to implement evidence-based, trauma-informed approaches in responding to and investigating domestic violence, dating violence, sexual assault, or stalking. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training the Next Generation of
Primary Care Doctors Act of 2017''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The program of payments to teaching health centers for
graduate medical education under section 340H of the Public
Health Service Act (42 U.S.C. 256h) was enacted in 2010 to
address the crisis-level shortage of primary care physicians,
especially in rural and medically underserved communities.
(2) Teaching health center residents and faculty will
provide more than one million primary care medical visits in
2017 to underserved communities.
(3) When compared with traditional Medicare GME residents,
residents who train at teaching health centers are more likely
to practice primary care and remain in underserved or rural
communities.
(4) The teaching health center program not only plays a
vital role in training the Nation's next generation of primary
care physicians (including dentists), but helps bridge the
Nation's physician shortfall.
(5) For these reasons, it is of vital importance to
continue the program under section 340H of the Public Health
Service Act (42 U.S.C. 256h) at a sustainable level of funding
per full-time equivalent resident, as recommended in the fact
sheet of the Health Resources and Services Administration
entitled ``Cost Estimates for Training Residents in a Teaching
Health Center''.
SEC. 3. REAUTHORIZATION OF PROGRAM OF PAYMENTS TO TEACHING HEALTH
CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--Subsection (a) of section 340H of the Public Health
Service Act (42 U.S.C. 256h) is amended to read as follows:
``(a) Payments.--
``(1) In general.--Subject to subsection (h)(2), the
Secretary shall make payments under this section for direct
expenses and indirect expenses to qualified teaching health
centers that are listed as sponsoring institutions by the
relevant accrediting body for--
``(A) maintenance of existing approved graduate
medical residency training programs;
``(B) expansion of existing approved graduate
medical residency training programs; and
``(C) establishment of new approved graduate
medical residency training programs.
``(2) New programs.--
``(A) Payments.--The Secretary shall make payments
under paragraph (1)(C)--
``(i) for fiscal year 2019, for a total of
up to 60 full-time equivalent residents at new
approved graduate medical residency programs;
and
``(ii) for fiscal year 2020, for a total of
up to 120 full-time equivalent residents at new
approved graduate medical residency programs.
``(B) Priority.--Subject to subparagraph (C), in
making payments pursuant to paragraph (1)(C), the
Secretary shall give priority to qualified teaching
health centers that--
``(i) serve a health professional shortage
area with a designation in effect under section
332 or a medically underserved community (as
defined in section 799B); or
``(ii) are located in a rural area (as
defined in section 1886(d)(2)(D) of the Social
Security Act).
``(C) Limitations.--The number of full-time
equivalent residents for which a qualified teaching
health center receives payments pursuant to paragraph
(1)(C) for a fiscal year shall not exceed by more than
6 the number of full-time equivalent residents for
which the center received such payments for the
preceding fiscal year. The total number of full-time
equivalent residents at all qualified teaching health
centers for which payments are made by the Secretary
under subparagraphs (A) and (B) of subsection (a)(1)
shall not exceed the total number of full-time
equivalent residents at all qualified teaching health
centers for which payments were made by the Secretary
as of January 1, 2017, pursuant to this section.''.
(b) Funding.--Subsection (g) of the first section 340H of the
Public Health Service Act (42 U.S.C. 256h) is amended to read as
follows:
``(g) Funding.--
``(1) Existing programs.--Out of any money in the Treasury
not otherwise appropriated, there are appropriated for payments
under subparagraphs (A) and (B) of subsection (a)(1)
$116,500,000 for each of fiscal years 2018, 2019, and 2020, to
remain available until expended.
``(2) Incentive for new programs.--Out of any money in the
Treasury not otherwise appropriated, there are appropriated for
payments under subsection (a)(1)(C), $10,000,000 for fiscal
year 2019 and $19,000,000 for fiscal year 2020, to remain
available until expended.
``(3) Administrative expenses.--Of the amount made
available to carry out this section for any fiscal year, the
Secretary may not use more than 5 percent of such amount for
the expenses of administering this section.''.
(c) Annual Reporting.--Paragraph (1) of subsection (h) of the first
section 340H of the Public Health Service Act (42 U.S.C. 256h) is
amended--
(1) by redesignating subparagraph (D) as subparagraph (H);
and
(2) by inserting after subparagraph (C) the following:
``(D) The number of patients treated by residents
described in paragraph (4).
``(E) The number of visits by patients treated by
residents described in paragraph (4).
``(F) Of the number of residents described in
paragraph (4) who completed their residency training at
the end of such residency academic year, the number and
percentage of such residents entering primary care
practice (meaning any of the areas of practice listed
in the definition of a primary care residency program
in section 749A).
``(G) Of the number of residents described in
paragraph (4) who completed their residency training at
the end of such residency academic year, the number and
percentage of such residents who entered practice at a
health care facility--
``(i) primarily serving a health
professional shortage area with a designation
in effect under section 332 or a medically
underserved community (as defined in section
799B); or
``(ii) located in a rural area (as defined
in section 1886(d)(2)(D) of the Social Security
Act).''.
(d) Report on Training Costs.--Not later than March 31, 2020, the
Secretary of Health and Human Services shall submit to the Congress a
report on the direct graduate expenses of approved graduate medical
residency training programs, and the indirect expenses associated with
the additional costs of teaching residents, of qualified teaching
health centers (as such terms are used or defined in section 340H of
the Public Health Service Act (42 U.S.C. 256h)).
(e) Definition.--Subsection (j) of the first section 340H of the
Public Health Service Act (42 U.S.C. 256h) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) New approved graduate medical residency training
program.--The term `new approved graduate medical residency
training program' means an approved graduate medical residency
training program for which the sponsoring qualified teaching
health center has not received a payment under this section for
a previous fiscal year (other than pursuant to subsection
(a)(1)(C)).''.
(f) Technical Corrections.--Part D of title III of the Public
Health Service Act (42 U.S.C. 254b et seq.) is amended--
(1) in subsection (f) of the first section 340H (42 U.S.C.
256h), by striking ``hospital'' each place it appears and
inserting ``teaching health center'';
(2) by redesignating the second subpart XI (relating to a
community-based collaborative care network program) as subpart
XII; and
(3) by redesignating the second section 340H (42 U.S.C.
256i) as section 340I.
(g) Payments for Previous Fiscal Years.--The provisions of the
first section 340H of the Public Health Service Act (42 U.S.C. 256h),
as in effect on the day before the date of enactment of this Act, shall
continue to apply with respect to payments under such section for
fiscal years before fiscal year 2018. | Training the Next Generation of Primary Care Doctors Act of 2017 This bill amends the Public Health Service Act to extend and expand funding through FY2020 for graduate medical education programs at teaching centers (which train medical residents in primary care specialties). The bill allows funds to be used for maintaining, expanding, and establishing graduate medical residency programs. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Act of 2000''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5886. Imposition of tax.
``SEC. 5886. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 55. Windfall profit on crude
oil and refined petroleum
products.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the cost of any qualified passenger
vehicle purchased by the taxpayer during the taxable year.
``(b) Maximum Credit.--The credit allowed by this section for the
taxable year shall not exceed--
``(1) $2,000 in the case of a qualified passenger vehicle
not described in paragraph (2) or (3),
``(2) $3,000 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 45 miles per gallon but less than 55 miles per
gallon, and
``(B) in any other case, at least 55 miles per
gallon but less than 65 miles per gallon, and
``(3) $4,000 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 55 miles per gallon, and
``(B) in any other case, at least 65 miles per
gallon.
``(c) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified automobile' means
any automobile (as defined in section 4064(b))--
``(A) which is purchased after the date of the
enactment of this section,
``(B) which is assembled in the United States by
individuals employed under a collective bargaining
agreement,
``(C) the original use of which begins with the
taxpayer,
``(D) substantially all of the use of which is for
personal, nonbusiness purposes, and
``(E) the fuel economy of such automobile is--
``(i) at least 35 miles per gallon in the
case a truck or sport utility vehicle, and
``(ii) at least 45 miles per gallon in any
other case.
``(2) Fuel economy.--Fuel economy shall be determined in
accordance with section 4064.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b).''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Purchase of fuel-efficient
American-made passenger
vehicles.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES.
(a) In General.--The Secretary of Transportation may make grants to
the operator of a mass transit system to assist the operator in
reducing fares paid by passengers using the system.
(b) Use of Grants.--Grants received under the program shall be used
solely for implementing a fare reduction described in subsection (a)
that is applied equally to all passengers using the mass transit
system.
(c) Mass Transit System Defined.--In this section, the term ``mass
transit system'' includes bus and commuter rail systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section in a fiscal year amounts
equivalent to the excess (if any) of--
(1) the revenues received during the preceding fiscal year
pursuant to chapter 55 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and refined petroleum
products), over
(2) the revenue cost for such fiscal year of section 25B of
such Code (relating to purchase of fuel-efficient American-made
passenger vehicles).
Amounts authorized under the preceding sentence shall remain available
until expended.
SEC. 5. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5886 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section. | Establishes a credit for the purchase of U.S. made fuel efficient passenger vehicles.
Authorizes the Secretary of Transportation to make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system which shall be paid for by revenues from the windfall profits tax.
Establishes an independent board to be known as the Reasonable Profits Board to make reasonable profit determinations with respect to the windfall profit tax. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Phone Service Disclosure Act of
2001''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) wireless telephone use in the United States has
expanded dramatically in recent years;
(2) numerous consumer complaints regarding wireless
telephone service describe communities plagued by dead spots in
such service, frequent premature termination of calls, and
calls that do not go through because of overcrowding of the
service frequencies;
(3) no single Federal, State, or local agency is required
by law to compile complaints regarding wireless telephone
service; and
(4) currently no measurement exists of acceptable wireless
telephone service.
SEC. 3. MONITORING OF COMPLAINTS REGARDING QUALITY OF COMMERCIAL MOBILE
SERVICE.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332) is
amended by adding at the end the following new paragraph:
``(9) Quality of commercial mobile services.--
``(A) Complaint system.--The Commission shall, by
regulation, establish, and shall administer, a system
that makes available a procedure for any subscriber of
any commercial mobile service to register a complaint
with the Commission regarding the quality or
performance of such service regarding connection,
reception, billing practices, and such other aspects of
service as the Commission considers appropriate.
``(B) Toll-free number.--Such system shall include
establishment of a toll-free number applicable to
commercial mobile services for reporting a complaint.
The Commission and any agency or entity to which the
Commission has delegated authority under section 251(e)
shall designate `#FCC' as such number and shall provide
appropriate transition periods for areas in which such
number is otherwise in use as of the date of the
enactment of the Cell Phone Service Disclosure Act of
2001.
``(C) Records.--The Commission shall maintain a
record of each complaint made under the system
established pursuant to this paragraph.
``(D) Notice.--The Commission shall require each
provider of commercial mobile service (or the billing
agent for such provider) to include, in each
subscriber's bill for such service, a statement
informing the subscriber that a complaint regarding the
quality or performance of the service may be registered
with the Commission and providing the toll-free number
under subparagraph (B) and an address for mailing a
complaint. The Commission shall take such other actions
as may be appropriate to publicize the availability of
the complaint system to subscribers of commercial
mobile services.
``(E) Reporting of complaints to congress.--Not
less often than once every 6 months, the Commission
shall submit a report to the Congress regarding
complaints received under the complaint system required
under this paragraph, which shall indicate, for each
metropolitan statistical area and such other areas (not
included within a metropolitan statistical area) as the
Commission considers appropriate--
``(i) the number of complaints received,
during the period for which the report is made,
regarding each provider of a commercial mobile
service for which a complaint is made; and
``(ii) for each such provider, the number
of each type of complaint received during such
period, which shall include complaints
regarding dead spots, dropped calls, network
busy signals, and improper billing practices.
Upon submission to the Congress of each report under
this subparagraph, the Commission shall make such
report publicly available by providing access to the
report through a World Wide Web site of the
Commission.''.
SEC. 4. EFFECTIVE DATE AND REGULATIONS.
(a) Effective Date.--The amendment made by section 3 shall take
effect upon the expiration of the 6-month period beginning on the date
of the enactment of this Act.
(b) Regulations.--The Commission shall prescribe such regulations
as may be necessary to carry out the amendment made by section 3. Such
regulations shall be issued not later than, and shall take effect upon,
the effective date under subsection (a). | Cell Phone Service Disclosure Act of 2001 - Amends the Communications Act of 1934 to direct the Federal Communications Commission to: (1) establish and administer a system, including a toll-free telephone number, for registering complaints with regard to the quality or performance of commercial mobile telephone services; and (2) require each service provider to include in each subscriber's bill a statement informing the subscriber of such system. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Airport Bus Act of 2003''.
SEC. 2. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a pilot program for awarding grants on a competitive basis to eligible
entities for facilitating the use of natural gas buses at public
airports through airport bus replacement and fleet expansion programs
under this section.
(b) Requirements.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall establish and publish in the
Federal Register grant requirements on eligibility for assistance, and
on management, transfer, and ultimate disposition of buses, including
certification requirements to ensure compliance with this Act.
(c) Solicitation.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall solicit proposals for grants
under this section.
(d) Eligible Recipients.--A grant shall be awarded under this
section only to a public agency responsible for bus service at a public
airport.
(e) Types of Grants.--
(1) In general.--Grants under this section may be for the
purposes described in paragraph (2), paragraph (3), or both.
(2) Replacement bus grants.--A grant under this section may
be used for the acquisition of replacement buses pursuant to
subsection (f).
(3) Fleet expansion bus grants.--A grant under this section
may be used for the acquisition of not more than 10 buses to
expand a fleet of airport buses at any single airport.
(f) Replacement Bus Grants.--
(1) Replacement.--For each bus acquired under a replacement
bus grant, 1 older model year bus shall be retired from active
service and crushed as provided in paragraph (2).
(2) Bus acquisition.--Buses acquired under a replacement
bus grant shall be acquired in the following order:
(A) First, new buses will replace buses
manufactured before model year 1977, and the older
buses replaced shall be crushed.
(B) If all buses manufactured before model year
1977 owned or operated by the grant recipient have been
replaced, additional new buses will replace diesel-
powered buses manufactured before model year 1991,
which shall either--
(i) be crushed; or
(ii) be exchanged by the grant recipient
for buses manufactured before model year 1977
from another bus fleet, with that bus then
being crushed.
Exchanges made under subparagraph (B)(ii) shall be made
without profit or other economic benefit to the grant
recipient.
(3) Priority of grant applications.--The Secretary shall
give priority to awarding grants to applicants emphasizing the
replacement of buses manufactured before model year 1977.
(g) Conditions of Grant.--A grant provided under this section shall
include the following conditions:
(1) All buses acquired with funds provided under the grant
shall be operated as part of the airport bus fleet for which
the grant was made for a minimum of 5 years.
(2) Funds provided under the grant may only be used--
(A) to pay the cost, except as provided in
paragraph (3), of new natural gas airport buses,
including State taxes and contract fees; and
(B) to provide--
(i) up to 10 percent of the price of the
natural gas buses acquired, for necessary
natural gas infrastructure if the
infrastructure will only be available to the
grant recipient; and
(ii) up to 15 percent of the price of the
natural gas buses acquired, for necessary
natural gas infrastructure if the
infrastructure will be available to the grant
recipient and to other bus fleets.
(3) The grant recipient shall be required to provide--
(A) in the case of a replacement bus acquired as
described in subsection (f)(2)(A) to replace a bus
manufactured before model year 1977, 10 percent of the
total cost of the bus, but not more than $10,000;
(B) in the case of a replacement bus acquired as
described in subsection (f)(2)(B)(ii) to replace a
diesel-powered bus manufactured before model year 1991
for exchange for a bus manufactured before model year
1977, 10 percent of the total cost of the bus, but not
more than $10,000; and
(C) in the case of a replacement bus acquired as
described in subsection (f)(2)(B)(i) to replace a
diesel-powered bus manufactured before model year 1991,
25 percent of the total cost of the bus, but not more
than $25,000.
(h) Buses.--Funding under a grant made under this section may be
used to acquire only new airport buses--
(1) with a gross vehicle weight of greater than 14,000
pounds;
(2) that are powered by a heavy duty engine;
(3) that emit not more than--
(A) for buses manufactured in model years 2001 and
2002, 2.5 grams per brake horsepower-hour of nonmethane
hydrocarbons and oxides of nitrogen and .01 grams per
brake horsepower-hour of particulate matter; and
(B) for buses manufactured in model years 2003
through 2006, 1.8 grams per brake horsepower-hour of
nonmethane hydrocarbons and oxides of nitrogen and .01
grams per brake horsepower-hour of particulate matter;
and
(4) that are powered substantially by electricity
(including electricity supplied by a fuel cell), or by
liquefied natural gas, compressed natural gas, liquefied
petroleum gas, hydrogen, propane, or methanol or ethanol at no
less than 85 percent by volume.
(i) Deployment and Distribution.--The Secretary shall seek to the
maximum extent practicable to achieve nationwide deployment of natural
gas airport buses through the program under this section, and shall
ensure a broad geographic distribution of grant awards, with a goal of
no State receiving more than 10 percent of the grant funding made
available under this section for a fiscal year.
SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) Establishment of Program.--The Secretary of Transportation
shall establish a program for entering into cooperative agreements with
private sector fuel cell bus developers for the development of fuel
cell-powered airport buses, and subsequently with not less than 2
public agencies using natural gas-powered airport buses and such
private sector fuel cell bus developers to demonstrate the use of fuel
cell-powered airport buses.
(b) Cost Sharing.--The non-Federal contribution for activities
funded under this section shall be not less than--
(1) 20 percent for fuel infrastructure development
activities; and
(2) 50 percent for demonstration activities and for
development activities not described in paragraph (1).
(c) Funding.--No more than $25,000,000 of the amounts authorized
under section 5 may be used for carrying out this section for the
period encompassing fiscal years 2004 through 2008.
(d) Reports to Congress.--
(1) Initial report.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall transmit to
Congress a report that--
(A) evaluates the process of converting natural gas
infrastructure to accommodate fuel cell-powered airport
buses; and
(B) assesses the results of the development and
demonstration program under this section.
(2) Updated report.--Not later than October 1, 2006, the
Secretary shall transmit to Congress a updated version of the
report transmitted under paragraph (1).
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Airport bus.--The term ``airport bus'' means a bus
operated by a public agency to provide transportation between
the facilities of a public airport.
(2) Public airport.--The term ``public airport'' has the
meaning such term has under section 47102 of title 49, United
States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation for carrying out this Act--
(1) $40,000,000 for fiscal year 2004;
(2) $50,000,000 for fiscal year 2005;
(3) $60,000,000 for fiscal year 2006;
(4) $70,000,000 for fiscal year 2007; and
(5) $80,000,000 for fiscal year 2008. | Clean Airport Bus Act of 2003 (sic) - Directs the Secretary of Transportation to establish a pilot program for: (1) awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs; and (2) entering into cooperative agreements with private sector developers for the development of fuel cell-powered airport buses, and subsequently with public agencies using natural gas-powered airport buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered airport buses.
Prescribes implementation guidelines. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Groundwork USA Trust Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) locally organized and controlled entities that are
linked together through a national program office have the
ability to lead cost-effective projects and programs that are
responsive to community needs and essential to improving the
local environment, economy, and quality of life;
(2) local community involvement with how land is being used
is an essential component to the economic success of a
neighborhood;
(3) underutilized and neglected vacant lands significantly
erode nearby property values and burden municipal tax bases;
(4) landscaping and maintenance, especially when local
citizens are involved in the process, decreases negative stigma
and generates civic pride, which in turn significantly reduces
vandalism and illicit activities typically associated with idle
lands;
(5) cleaning, landscaping, and tree planting within vacant
and abandoned land and brownfields adds economic value to a
community through increased occupancy rates, and improved sales
appeal of nearby residential and commercial real estate; and
(6) the transformation of idle lands and brownfields into
cleaner, greener, community assets has been exemplified by a
network of federally backed Groundwork USA Trusts for over 8
years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Brownfields.--The term brownfields means real property,
the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
(2) Eligible organization.--The term eligible organization
means a--
(A) nonprofit organization that applies for a grant
award under section 4(b) to establish a Ground USA
Trust; and
(B) Groundwork USA Trust.
(3) Groundwork usa national office.--The term Groundwork
USA national office means the independent, nonprofit,
environmental business incorporated under the laws of the State
of New York, which overseas and creates a link between local
Groundwork USA Trust offices.
(4) Groundwork usa trust.--The term Groundwork USA Trust
means an independent, nonprofit, environmental organization
that works with communities to improve their environment,
economy, and quality of life through local action.
(5) Nonprofit organization.--The term nonprofit
organization means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from tax under section 501(a) of such Code.
(6) Secretary.--The term Secretary means the Secretary of
the Interior.
SEC. 4. ESTABLISHMENT OF GROUNDWORK USA TRUST PROGRAM.
(a) Authorization of Grant Program.--The Secretary, in consultation
with the Groundwork USA national office, is authorized to award grants
to eligible organizations.
(b) Application.--An eligible organization desiring a grant under
the program shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 5. CRITERIA FOR SELECTION.
Each grant award provided under section 4(a) shall be made on the
basis of the quality of the application submitted, taking into
consideration such factors as the following:
(1) The population and demographics of the community and
the environmental, community, or economic development issues
which an eligible entity could help address.
(2) The level of experience with community and
environmental improvement activities of an eligible
organization and the role such organization will play in the
implementation of Groundwork USA Trust activities.
(3) The level in which the community or local government in
which the eligible organization is based is a current or past
recipient of funding or assistance from the EPA Brownfields
Program and demonstrated success in those efforts.
(4) The level in which the eligible organization has
partnered with the National Park Service and demonstrated
success in those efforts.
(5) The level of community interest and commitment to learn
about, evaluate, and partner with a Groundwork USA Trust.
(6) The number and level of opportunities to improve the
local environment for conservation, recreation, and economic
development, including:
(A) The potential to facilitate the creation,
improvement, and stewardship of parks, greenways, open
space, and nature reserves and increase opportunities
for recreation, conservation, food security,
environmental education, and other environmental
improvements in communities impacted by brownfields.
(B) The potential to stimulate economic and
environmental rejuvenation of communities impacted by
brownfield issues.
(C) The potential to increase the capacity of
communities with limited means to improve their
environment, economy, and quality of life.
(D) The potential to engage the local community in
the planning and development of projects and programs
to improve its local environment, including the
assessment, cleanup, and reuse of brownfield sites for
parks, recreation facilities, nature areas, gardens,
trails, and other community benefits.
(E) The potential to contribute to the use or reuse
of existing infrastructure.
(7) The ability to address the issue of brownfields in the
community or target area, including:
(A) The potential to leverage or stimulate funds
from other sources to support the assessment and
remediation of brownfields and their reuse for parks,
recreation facilities, nature areas, and other
community benefits.
(B) The potential to engage the local community in
the planning and implementation of projects and
programs to assess, cleanup, and reuse brownfields for
parks, recreation facilities, nature areas, and other
community benefits.
(C) The potential to help reduce the threats to
human health and the local environment associated with
the presence of hazardous substances, pollutants, or
contaminants.
(D) The potential to help address or facilitate the
identification and reduction of threats to the health
and welfare of populations at risk.
SEC. 6. USE OF FUNDS.
A grant award provided under the program may be used to--
(1) provide training, research, and technical assistance to
individuals and organizations, as appropriate, to facilitate
the inventory of brownfield sites, site assessments,
remediation of brownfield sites, community involvement, or site
preparation;
(2) increase the capacity of communities to improve and
care for their local environment;
(3) reclaim vacant and derelict lands for conservation,
recreation, and economic development;
(4) clean up and care for neglected areas to signal
community pride and rejuvenation;
(5) return brownfields to economically productive use while
restoring blighted landscapes with healthy environments;
(6) integrate environmental education, food security,
health and fitness, resource management, and job training;
(7) encourage businesses, local governments, nonprofits,
and communities to work together for sustainable environmental
care and enhancement;
(8) support businesses, local governments, nonprofits, and
communities in efforts to improve their local environment;
(9) raise the profile of urban environmental improvements
as part of a comprehensive approach to smart growth strategies
and rejuvenation of inner city communities;
(10) acquire real property and buildings to rehabilitate
and improve upon for the local community and perform
maintenance on such property and buildings, including mowing,
irrigating, landscaping, painting, and providing structural
repairs;
(11) expand operations and locations of offices to benefit
a larger geographic area, and increase staff;
(12) develop information systems and utilize such systems
for community- and regional-based research and data
dissemination; and
(13) develop programs that encourage regional and national
partnering with other environmental organizations.
SEC. 7. MAXIMUM GRANT AWARD.
A grant award under the program shall not exceed $400,000 for any
fiscal year.
SEC. 8. LIMITATION ON ADMINISTRATIVE COSTS.
The Secretary may reserve not more than 15 percent of the amount
made available under this Act to carry out the program in a fiscal year
for administrative costs, including managing, administering, and
assisting with technical support of operations for national and local
Groundwork USA offices.
SEC. 9. ANNUAL REPORT.
Each grant recipient shall submit to the Secretary and the national
Groundwork USA national office an annual report at such time, in such
manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the program
$15,000,000 for each of the fiscal years 2012 through 2017. | Groundwork USA Trust Act of 2011 - Establishes the Groundwork USA Trust Program.
Authorizes the Secretary of the Interior, in consultation with the Groundwork USA national office, to award grants to eligible nonprofit organizations to: (1) facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) reclaim vacant and derelict lands; (3) cleanup and care for neglected areas; (4) return brownfields to productive use; (5) integrate environmental education, food security, health and fitness, resource management, and job training; (6) encourage and support business, local government, nonprofit, and community cooperation in sustainable environmental care and enhancement; (7) acquire, rehabilitate, and improve real property and buildings; and (8) develop programs that encourage partnering with other environmental organizations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Caregiver Support Act of
1993''.
SEC. 2. FAMILY CAREGIVER SUPPORT PROGRAM ESTABLISHED.
(a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is
amended by adding at the end thereof the following new title:
``TITLE XXI--GRANTS TO STATES FOR FAMILY CAREGIVER SUPPORT PROGRAMS
``purpose of title; authorization of appropriations
``Sec. 2101. For the purpose of enabling each State to furnish
services to support informal caregivers of individuals with functional
limitations by providing services designed to facilitate and strengthen
informal support systems to help maintain individuals with functional
limitations within the community, there are authorized to be
appropriated for each fiscal year such sums as may be necessary to
carry out the purposes of this title. The sums made available under
this section shall be used for making payments to States which have
submitted, and had approved by the Secretary, State plans for family
caregiver support services.
``state plans for family caregiver support services
``Sec. 2102. A State plan for family caregiver support services
must--
``(1) provide that it shall be in effect in all political
subdivisions of the State, and if administered by them, be
mandatory upon them;
``(2) provide for financial participation by the State
equal to not less than 50 percent of the administrative costs
of operating the program in the State;
``(3) provide either for the establishment or designation
of a single State agency or agencies (such agency may be the
same agency established or designated under section 1902 of
this Act) to administer or supervise the administration of the
plan in coordination with home and community-based services
provided under title XIX of this Act;
``(4) describe the steps that will be taken to ensure that
all State government agencies responsible for the provision of
family caregiver support services funded under this title with
other Federal or State agencies or both on behalf of
individuals with functional limitations and their caregivers
shall be included in the development of the State plan so that
all such services are coordinated with all other types of
services and benefits such individuals and their caregivers may
be receiving (or are eligible to receive);
``(5) describe the steps to be taken to ensure equitable
access to family caregiver support services funded under this
title for individuals of all ages with functional limitations
and their caregivers, including individuals who have cognitive,
mental, developmental, physical, sensory, or other impairments
that meet the criteria of section 2104(b)(1);
``(6) describe the manner in which family caregiver support
services funded under this title will be organized, delivered,
and coordinated, statewide and within the various localities of
the State, in order to achieve the objectives specified in
subparagraphs (4) and (5) of this subsection;
``(7) specify the procedures used in notifying and
obtaining input on the contents of the State plan from non-
governmental organizations and individuals with an interest in
the welfare of individuals with functional limitations;
``(8) provide that the State agency or agencies--
``(A) make a determination of the need for family
caregiver support services for the individual with
functional limitations;
``(B) establish quality assurance for the delivery
of family caregiver support services, including
evaluation of individual and family satisfaction with
the services provided;
``(C) establish a family caregiver support plan for
each individual with functional limitations for
services under this title, and provide for periodic
review and revision as necessary; and
``(D) establish reimbursement levels for family
caregiver support services;
``(9) provide that family caregiver support services funded
under this title to an individual with functional limitations
shall not supplant services otherwise provided to such
individual for which such individual is eligible under titles
XVIII or XIX of this Act or under any other public or private
program;
``(10) provide--
``(A) that no copayment shall be required for
individuals with functional limitations with incomes
below 200 percent of the income official poverty line
(as determined by the Office of Management and Budget
and revised annually in accordance with section 673(2)
of the Omnibus Budget Reconciliation Act of 1981); and
``(B) that a copayment shall be required on a
sliding scale basis (as determined by the State) for
individuals with functional limitations with incomes in
excess of 200 percent of such income line; and
``(11) provide for making family caregiver support services
available, including at least the care and services described
in paragraphs (1) through (4) of section 2104(a) to all
individuals with functional limitations.
``payment to states
``Sec. 2103. (a)(1) The Secretary (except as otherwise provided in
this section) shall pay to each State which has a plan approved under
this title, for each quarter, beginning with the quarter commencing
January 1, 1994--
``(A) an amount equal to 100 percent of the total amount
expended during such quarter as family caregiver support
services under the State plan subject to the applicable Federal
payment limitation described in paragraph (2); and
``(B) an amount equal to 50 percent of so much of the sums
expended during such quarter as found necessary by the
Secretary for the proper and efficient administration of the
State plan (including costs of needs determination and care
planning).
``(2)(A) The applicable Federal payment limitation described in
this paragraph is $2,400 per calendar year per individual with
functional limitations, reduced by the offset, if any, described in
subparagraph (B).
``(B) The total Federal payment to any State for each individual
with functional limitations for a calendar year shall be reduced by the
amount of any copayment paid by such an individual for family caregiver
support services funded under this title in accordance with paragraph
(10) of section 2102.
``(b) No payment shall be made under this title with respect to any
amount expended for family caregiver support services in a calendar
quarter for any individual with functional limitations with an income
in excess of $75,000 per year.
``definitions
``Sec. 2104. (a) For purposes of this title, the term `family
caregiver support services' means care and services in the home, or in
the community, provided on a temporary, short term, intermittent, or
emergency basis to support a caregiver in caring for an individual with
functional limitations, including--
``(1) companion services;
``(2) homemaker services;
``(3) personal assistance;
``(4) day services in the community;
``(5) temporary care in accredited or licensed facilities
(admission to a hospital or nursing home for out-of-home care
for a brief stay); and
``(6) such other services, as specified in State plan.
``(b)(1) For purposes of this title, an `individual with functional
limitations'--
``(A) is an individual 18 years of age or over who--
``(i) cannot perform (without substantial human
assistance, including supervision) at least 3 of the
activities of daily living described in subparagraphs
(A) through (E) of paragraph (2); or
``(ii) needs substantial human assistance or
supervision because of cognitive or other mental
impairment that--
``(I) impedes ability to function; or
``(II) causes behavior that poses a serious
health or safety hazard to such individual or
others; or
``(B) is a child who is receiving disability payments, or
would be eligible for such payments, but for the income or
resource limitations considered for determining eligibility
under title XVI of this Act.
``(2) The activities of daily living described in this paragraph
are--
``(A) toileting;
``(B) eating;
``(C) transferring;
``(D) dressing; and
``(E) bathing.
``(c) For purposes of this title, the term `caregiver' means a
spouse, parent, child, relative or other person who--
``(A) has primary responsibility (as defined by the
Secretary) of providing care for one individual with functional
limitations;
``(B) does not receive financial remuneration for providing
such care for such individual; and
``(C) who has provided such care to such individual for a
period of not less than 3 months.
``(d) For purposes of this title, the term `family caregiver
support plan' means a written plan, developed in cooperation with the
caregiver and the individual with functional limitations to reflect
their choices and preferences for the type, frequency, and duration of
family caregiver support services to be provided under the plan.
``maintenance of effort
``Sec. 2105. States receiving payments under section 2103 must
maintain current levels of funding for family caregiver support
services to individuals with functional limitations and their
caregivers in order to be eligible to continue to receive payments for
such services under this title.''.
(b) Effective Date.--The amendment made by subsection (a) shall
become effective with respect to services furnished on or after January
1, 1994. | Family Caregiver Support Act of 1993 - Amends the Social Security Act (SSA) to establish a program to enable States to furnish services to support informal caregivers of eligible individuals with functional disabilities.
Outlines State plan requirements for such caregiver support services, including requirements that: (1) States support 50 percent of program administration costs; (2) program services may not supplant services otherwise available to eligible recipients under Medicare or Medicaid (SSA titles XVIII and XIX) or any other public or private health insurance plan; and (3) persons with incomes exceeding 200 percent of the Federal poverty level must make co-payments on a sliding scale basis established by the State.
Caps total annual Federal expenditures per eligible recipient.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``HHS Women Scientist Employment
Opportunity Act''.
SEC. 2. WOMEN'S SCIENTIFIC EMPLOYMENT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following title:
``TITLE XXVIII--WOMEN'S SCIENTIFIC EMPLOYMENT WITH DEPARTMENT OF HEALTH
AND HUMAN SERVICES
``SEC. 2801. WOMEN'S SCIENTIFIC EMPLOYMENT.
``(a) In General.--
``(1) In general.--For each agency specified in paragraph
(2), the Secretary, in collaboration with the head of the
agency, shall--
``(A) establish policies for the agency on matters
relating to the employment by the agency of women as
scientists, and periodically review and as appropriate
revise such policies; and
``(B) monitor the extent of compliance with such
policies and take appropriate action in cases in which
the Secretary determines that the policies have been
violated.
``(2) Specified agencies.--The agencies referred to in
paragraph (1) are the National Institutes of Health, the
Centers for Disease Control and Prevention, the Food and Drug
Administration, and such other agencies or offices of the
Department of Health and Human Services as the Secretary
determines to be appropriate.
``(b) Certain Functions.--
``(1) In general.--In carrying out subsection (a) with
respect to a specified agency, the Secretary shall provide for
the following:
``(A) Determining the concerns of women scientists
employed at the agency.
``(B) Developing a policy defining the standard
tenure process for employment at the agency.
``(C) Determining the reason for departure from the
agency by interviewing women and men scientists as they
leave.
``(D) Distributing yearly to all employees of the
agency copies of the policy of the agency on flexible
family leave.
``(E) Monitoring the number of women, including
minority women, included on the committees, panels, and
other working groups (and in meetings) of the agency.
``(F) Making efforts to recruit minority women,
based on the small numbers of tenured minority women
scientists.
``(G) Developing additional goals related to women
and minority women scientists at the agency.
``(2) Agency-specific provisions.--With respect to the
National Institutes of Health, in carrying out subsection (a),
the Secretary shall (in addition to activities under paragraph
(1)) provide for the implementation of the recommendations of
the group known as the Task Force on the Status of NIH
Intramural Women Scientists.
``(c) Inclusion of Women on Intramural and Extramural Conferences
and Other Groups.--
``(1) In general.--The Secretary shall establish a policy
at each specified agency of requiring inclusion of women
scientists in greater numbers on or in conferences, workshops,
meetings, international congresses, and other groups funded or
sponsored by the agency. Such policy shall provide for the
inclusion of not less than one woman scientist in each such
group, except as provided in paragraph (2). This paragraph
applies whether such groups are held for employees of the
agency headquarters, for employees of field offices, or both.
``(2) Exclusion; written explanation.--The policy
established in paragraph (1) may provide that no woman
scientist will be included in a group for purposes of such
paragraph if the Secretary provides a waiver of the
requirement. The Secretary may grant such a waiver only if--
``(A) the individual with the chief responsibility
for the group involved submits to the Secretary a
written request for the waiver and the request provides
an explanation of the reasons underlying the need for
the waiver; and
``(B) the Secretary makes a determination that
extraordinary circumstances justify providing the
waiver.
``(d) Study on Pay Equity.--
``(1) In general.--For each specified agency, the Secretary
shall provide for a study to identify any pay differences among
men and women scientists employed by the agency, both tenured
and untenured. The study shall include recommendations on
measures to adjust any disparities or inequities, and shall
identify a program to communicate information on salary ranges
to all employees.
``(2) Report.--Not later than 240 days after the date of
the enactment of the HHS Women Scientist Employment Opportunity
Act, the Secretary shall complete the study required in
paragraph (1) and submit to the Committee on Commerce of the
House of Representatives, and to the Committee on Labor and
Human Resources of the Senate, a report describing the findings
made as a result of the study.
``(e) Definitions.--For purposes of this section, the term
`specified agency' means an agency specified in subsection (a)(2).
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2000 through 2002.''. | HHS Women Scientist Employment Opportunity Act - Directs the Secretary of Health and Human Services to: (1) establish policies for the Department of Health and Human Services on matters relating to the employment of women scientists; and (2) monitor compliance and take appropriate action if policies have been violated. Mandates implementation of the recommendations of the Task Force on the Status of NIH (National Institutes of Health) Intramural Women Scientists. Provides for a study and report on pay equity. Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Unemployed Workers Act''.
SEC. 2. TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT BENEFITS.
(a) Emergency Unemployment Compensation.--Section 4007 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
3304 note) is amended--
(1) by striking ``December 31, 2009'' each place it appears
and inserting ``March 31, 2011'';
(2) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``March 31, 2011''; and
(3) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``August 31, 2011''.
(b) Additional Regular Compensation.--Section 2002(e) of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is
amended--
(1) in paragraph (1)(B), by striking ``January 1, 2010''
and inserting ``April 1, 2011'';
(2) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``April 1, 2011''; and
(3) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``September 30, 2011''.
(c) Full Funding of Extended Benefits.--Section 2005 of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is
amended--
(1) by striking ``January 1, 2010'' each place it appears
and inserting ``April 1, 2011'';
(2) in subsection (c), by striking ``June 1, 2010'' and
inserting ``September 1, 2011''; and
(3) in subsection (d), by striking ``May 30, 2010'' and
inserting ``August 31, 2011''.
SEC. 3. FUNDING FOR TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT
BENEFITS.
Section 4004(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by
reason of'' and all that follows and inserting the following: ``by
reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling
Families Act;
``(B) the amendments made by sections 2 through 4
of the Worker, Homeownership, and Business Assistance
Act of 2009; and
``(C) the amendments made by section 2(a) of the
Helping Unemployed Workers Act; and''.
SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION
PROGRAMS.
(a) Payments to States With Certified Programs.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall establish a
program under which the Secretary shall make payments to any
State unemployment trust fund to be used for the payment of
unemployment compensation if the Secretary approves an
application for certification submitted under paragraph (4) for
such State to receive reimbursement for a short-time
compensation program (as referred to in section 3304(a)(4) of
the Internal Revenue Code of 1986 and section 303(a)(5) of the
Social Security Act).
(2) Requirements for certification.--A program may not be
certified, for purposes of this section, unless such program
requires--
(A) a participating employer to submit and comply
with the terms of a written plan approved by the State
agency;
(B) a participating employer to certify that
continuation of health and retirement benefits under a
defined benefit pension plan (as defined by section
3(35) of the Employee Retirement Income Security Act of
1974) is not affected by participation in the program;
and
(C) in the case of employees represented by a
union, that the appropriate official of the union has
agreed to the terms of the employer's written plan and
implementation is consistent with employer obligations
under the National Labor Relations Act.
(3) Full reimbursement.--Subject to subsection (d), the
payment to a State under paragraph (1) shall be an amount equal
to 100 percent of the total amount of benefits paid to
individuals by the State pursuant to the short-time
compensation program for weeks of unemployment--
(A) beginning on or after the date as of which a
certification is issued by the Secretary with respect
to such program; and
(B) ending on or before December 31, 2011.
(4) Certification procedures.--
(A) In general.--Any State seeking reimbursement
under this subsection shall submit an application for
certification at such time, in such manner, and
complete with such information as the Secretary may
require (whether by regulation or otherwise), including
information relating to compliance with the
requirements of paragraph (2). The Secretary shall,
within 30 days after receiving a complete application,
notify the State agency of the State of the Secretary's
findings with respect to the requirements of paragraph
(2).
(B) Findings.--If the Secretary finds that the
short-time compensation program operated by the State
meets the requirements of paragraph (2), the Secretary
shall certify such State's short-time compensation
program, thereby making such State eligible for
reimbursement under this subsection.
(b) Terms of Payments.--Payments made to a State under subsection
(a)(1) shall be payable by way of reimbursement in such amounts as the
Secretary estimates the State will be entitled to receive under this
section for each calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the State
involved.
(c) Limitations.--
(1) General payment limitations.--No payments shall be made
to a State under this section for benefits paid in excess of 26
weeks to an individual by the State pursuant to a short-time
compensation program.
(2) Employer limitations.--No payments shall be made to a
State under this section for benefits paid to an individual by
the State pursuant to a short-time compensation program if such
individual is employed by an employer--
(A) whose workforce during the 3 months preceding
the date of the submission of the employer's short-time
compensation plan has been reduced by temporary layoffs
of more than 20 percent;
(B) on a seasonal, temporary, or intermittent
basis; or
(C) engaged in a labor dispute.
(3) Program payment limitation.--In making any payments to
a State under this section pursuant to a short-time
compensation program, the Secretary may limit the frequency of
employer participation in such program.
(d) Compliance Oversight.--
(1) In general.--A participating employer under this
section is required to comply with the terms of the written
plan approved by the State agency, including provisions related
to retaining participating employees.
(2) Oversight and monitoring.--The Secretary shall
establish an oversight and monitoring process by which State
agencies will ensure that participating employers comply with
the requirements of paragraph (1).
(e) Funding.--There are appropriated, from time to time, out of any
moneys in the Treasury not otherwise appropriated, to the Secretary,
such sums as the Secretary certifies are necessary to carry out this
section (including to reimburse any administrative expenses incurred by
the States in operating such short-time compensation programs).
(f) Definitions.--In this section--
(1) the term ``Secretary'' means the Secretary of Labor;
(2) the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands; and
(3) the terms ``State agency'' and ``week'' have the
respective meanings given them by section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970. | Helping Unemployed Workers Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through March 31, 2011.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through April 1, 2011: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC.
Requires the Secretary of Labor to establish a program under which the Secretary shall make payments to any state unemployment trust fund (including the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands) to be used for the payment of unemployment compensation if the Secretary approves an application to receive 100% reimbursement for up to 26 weeks for a short-time compensation program.
Bars payments to a state for benefits paid to an individual who is employed by an employer: (1) whose workforce during the three months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20%; (2) on a seasonal, temporary, or intermittent basis; or (3) engaged in a labor dispute. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Premium Relief Act
of 2013''.
SEC. 2. TEMPORARY DELAY OF IMPLEMENTATION AND PHASE-IN OF PREMIUM RATE
INCREASES FOR CERTAIN PROPERTIES.
(a) Newly Purchased Properties.--
(1) Delay of implementation.--For any property that is
purchased after July 6, 2012, and before January 1, 2015, the
risk premium rate charged for flood insurance under the
national flood insurance program under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) shall--
(A) during the 12-month period beginning upon such
purchase, be the amount of such risk premium rate
chargeable for such property immediately before such
purchase; and
(B) thereafter, be a rate that is not less than
those estimated under section 1307(a)(1) of such Act
(42 U.S.C. 4014(a)(1)), as required by paragraph (2) of
that section, subject to paragraph (2) of this
subsection.
(2) Phase-in of increased rates.--Upon the expiration of
any 12-month period referred to in paragraph (1)(A) with
respect to any property, any increase in the risk premium rate
charged for flood insurance for such property that is a result
of paragraph (1)(B) shall be phased in over a 10-year period,
at the rate of 10 percent for each year following the
expiration of such 12-month period.
(b) Properties With New Flood Insurance Rate Maps.--
(1) Delay of implementation.--For any property that is
located in an area that is participating in the national flood
insurance program under the National Flood Insurance Act of
1968, that is covered by a flood insurance policy on the date
of a covered flood insurance rate map update, and for which the
risk premium rate charged for flood insurance for such property
has increased, or will increase, as a result of such update,
the risk premium rate charged for flood insurance under the
national flood insurance program shall, during the 12-month
period beginning upon the effective date of such covered flood
insurance rate map update, be the amount of such risk premium
rate chargeable for such property immediately before the
effective date of such update.
(2) Phase-in of increased rates.--Upon the expiration of
any 12-month period referred to in paragraph (1) with respect
to any property, any increase in the risk premium rate charged
for flood insurance for such property that is a result of such
covered flood insurance rate map update shall be phased in over
a 10-year period, at the rate of 10 percent for each year
following the expiration of such 12-month period.
(3) Covered flood insurance rate map update.--For purposes
of this subsection, the term ``covered flood insurance rate map
update'' means any revision or updating of flood insurance rate
maps under the National Flood Insurance Act of 1968, the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or
the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle
A of title II of division F of Public Law 112-141), that takes
effect after July 6, 2012, and before January 1, 2015.
SEC. 3. PERMANENT PHASE-IN OF PREMIUM RATE INCREASES FOR CERTAIN
PROPERTIES.
(a) Properties Purchased in 2015 or After.--Paragraph (2) of
section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(g)(2)) is amended by striking ``after the date of enactment of the
Biggert-Waters Flood Insurance Reform Act of 2012'' and inserting the
following: ``on or after January 1, 2015, except that any increase in
the risk premium rate charged for flood insurance resulting from this
paragraph for any such property shall be phased in over a 10-year
period, at the rate of 10 percent for each year following such
purchase''.
(b) Properties With New Flood Insurance Rate Maps Effective in 2015
or After.--Subsection (h) of section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(h)) is amended--
(1) in the first sentence, by inserting before the period
at the end the following: ``and to section 2(b) of the Flood
Insurance Premium Relief Act of 2013''; and
(2) in the second sentence--
(A) by striking ``Any increase'' and inserting ``In
the case of any such update that takes effect on or
after January 1, 2015, any increase''; and
(B) by striking ``5-year period, at the rate of 20
percent'' and inserting ``10-year period, at the rate
of 10 percent''. | Flood Insurance Premium Relief Act of 2013 - States that the flood insurance risk premium rate for property purchased between July 6, 2012, and January 1, 2015, shall, during the 12-month period beginning upon such purchase, be the amount chargeable for such property immediately before its purchase (thus delaying implementation of the rate increase). Requires phase-in of the rate increase, following expiration of such 12-month period, over a 10-year period, at 10% for each year. Makes conforming amendments to the National Flood Insurance Act of 1968. | billsum_train |
Create a summary of the following text: SECTION 1. FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING
ASSISTANCE RESTRUCTURING.
(a) OMHAR.--The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) in section 571, by inserting ``Federal Housing
Administration of the'' after ``within the'';
(2) in section 572(a)--
(A) by striking ``President by and with the advice
and consent of the Senate'' and inserting ``Secretary
of Housing and Urban Development (referred to in this
subtitle as the `Secretary')''; and
(B) by striking the second sentence;
(3) in section 573--
(A) in subsection (b), in the first sentence, by
inserting ``the Federal Housing Commissioner and''
before ``the Secretary''; and
(B) by striking subsection (d);
(4) by repealing sections 576 and 578; and
(5) in section 579, by striking ``2001'' each place it
appears and inserting ``2004''.
(b) Program Changes.--The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) in section 514(f)(3)(A), by adding at the end the
following: ``If tenant groups, nonprofit organizations, and
public entities are determined eligible under section
517(a)(5), such groups, organizations, and entities shall also
be eligible under this paragraph.'';
(2) in section 524(e), by adding at the end the following:
``(3) Mortgage restructuring and rental assistance
sufficiency plans.--Notwithstanding paragraph (1), the owner of
the project may request, and the Secretary may consider,
mortgage restructuring and rental assistance sufficiency plans
to facilitate sales or transfers of properties under this
subtitle, subject to an approved plan of action under the
Emergency Low Income Housing Preservation Act of 1987 (12
U.S.C. 1715l note) or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.),
which plans shall result in a sale or transfer of those
properties.'';
(3) in section 512(2)--
(A) in the second sentence, by inserting ``, but
does include a project described in section 524(e)(3)''
after ``section 524(e)'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) in the case of properties described in
subparagraph (C) and properties that have rents above a
percentage (to be established by the Secretary) of fair
market rent, with rents that, on an average per unit or
per room basis--
``(i) exceed the rent of comparable
properties in the same market area, as
determined by a participating administrative
entity or any other independent entity acting
on behalf of the Secretary and in accordance
with guidelines established by the Secretary;
or
``(ii) exceeded the rent of comparable
properties in the same market area, as
determined by the Secretary, prior to, and
notwithstanding, any renewal of project-based
assistance under this subtitle;'';
(4) in section 517(a)(1)(B), by striking ``no more than
the'' and inserting the following: ``not more than the greater
of--
``(i) the full or partial payment of claim
made under this subtitle; or
``(ii) the'';
(5) in section 513(b), by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6); and
(6) in section 515(c)(1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated, by
inserting ``or'' after the semicolon.
SEC. 2. ENHANCED VOUCHERS.
Section 8(t)(1)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)(1)(B)) is amended by inserting after ``paragraph
(10)(A) of subsection (o)'' the following: ``and, if a contract was
renewed pursuant to section 514(c) of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), subject to
the comparable rent limitations provided in subparagraphs (A) and (B)
of section 514(g)(1) of that Act,''.
SEC. 3. TECHNICAL CORRECTION.
(a) In General.--Section 531(c) of Public Law 106-74 (113 Stat.
1116) is amended by striking ``514(h)'' and inserting ``514(h)(1)''.
(b) Retroactive Effect.--The amendment made by subsection (a) shall
be deemed to have the same effective date as section 531 of Public Law
106-74. | Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Act) to extend the Office of Multifamily Housing Assistance Restructuring. Sites the Office within the Federal Housing Administration of the Department of Housing and Urban Development (HUD). Transfers authority to appoint the Director of the Office from the President to the Secretary of HUD. Revises the multifamily housing mortgage and assistance restructuring program with respect to: (1) tenant groups; (2) mortgage restructuring and rental assistance sufficiency plans to facilitate property transfers; and (3) eligible project rents.Amends the United States Housing Act of 1937 to make enhanced voucher authority under the section 8 rental assistance program subject to certain rent limitations under the Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leading and Expediting Aerotropolis
Development Act of 2011''.
SEC. 2. AEROTROPOLIS GRANT PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall establish
and carry out an aerotropolis grant program (in this section referred
to as the ``program'') to assist the development of aerotropolis
transportation systems in accordance with this section.
(b) Grant Authority.--In carrying out the program, the Secretary is
authorized to make a grant to an eligible entity to assist planning,
design, environmental review, or land acquisition activities for any of
the following to benefit an aerotropolis transportation system:
(1) A project for the development or improvement of a
highway or bridge.
(2) A project for the development or improvement of a
public transportation system.
(3) A project to expand the capacity of or otherwise
improve freight or passenger rail transportation.
(4) A project for the development or improvement of a port.
(5) A project that improves access to a port or terminal
facility.
(6) A project for the development or improvement of a
multimodal terminal facility.
(7) A project for the development or improvement of an
intelligent transportation system that--
(A) is primarily for the benefit of freight
movement; and
(B) reduces congestion or improves safety.
(c) Availability of Grant Funding.--Grant funding awarded to a
grant recipient under the program shall remain available to be
obligated by the recipient during the fiscal year in which the grant
funding is disbursed and the three fiscal years following that fiscal
year. Grant funding not obligated by a grant recipient during the
period provided under this subsection shall be returned to the
Secretary and made available for making other grants under the program.
(d) Application Process.--In carrying out the program, the
Secretary shall establish a process for eligible entities to apply for
grants, which shall include the submission to the Secretary of an
application containing the following:
(1) A description of the aerotropolis transportation system
to be assisted with the grant, including--
(A) the geographic scope of the system; and
(B) the components that comprise the system.
(2) A description of the projects to be assisted with the
grant.
(3) With respect to each of the projects described under
paragraph (2), a description of--
(A) the status of the project;
(B) how the project will develop the applicable
aerotropolis transportation system;
(C) the jobs to be created by the project;
(D) the costs and benefits of the project; and
(E) the plans and timeline for moving the project
to completion.
(e) Grant Selection.--
(1) Considerations.--In making grants under the program,
the Secretary shall consider, with respect to a proposed
project, whether the project facilitates any of the following:
(A) Improvement of the mobility of goods or
passengers.
(B) Enhancement of intermodal connectivity with
respect to freight or passenger transportation.
(C) Improvement of the condition of freight or
passenger transportation infrastructure, including
bringing such infrastructure into a state of good
repair.
(D) Reductions in congestion.
(E) Improvement of safety, including through
reductions in transportation accidents, injuries, and
fatalities.
(F) Incorporation of new and innovative
technologies into the transportation system, including
intelligent transportation systems.
(G) Enhancement of national or regional economic
development, growth, and competitiveness.
(H) Non-Federal contributions to the project,
including contributions from public-private
partnerships.
(I) Reductions in dependence on foreign oil.
(J) Reductions in air or water pollution.
(2) Priorities.--In making grants under the program, the
Secretary shall give priority to applicants that demonstrate
any of the following:
(A) A strategic plan for the development of an
aerotropolis transportation system and funding directed
to that development.
(B) Existing infrastructure and services sufficient
for the development of an aerotropolis transportation
system.
(C) A capacity for using grant funds to efficiently
and effectively develop an aerotropolis transportation
system.
(D) Public-private partnerships that will assist in
completing proposed projects.
(E) An inability to complete pre-construction
activities for proposed projects without grant
assistance.
(f) Reports.--In each year in which a grant recipient receives
funding under the program, that recipient shall submit to the Secretary
a report that includes a description of the following:
(1) The activities carried out by that recipient with grant
funds in the preceding year.
(2) The impact of those activities, including in comparison
to the objectives for those activities.
(g) Definitions.--In this section, the following definitions apply:
(1) Aerotropolis transportation system.--The term
``aerotropolis transportation system'' means a planned and
coordinated multimodal freight and passenger transportation
network that, as determined by the Secretary, provides
efficient, cost-effective, sustainable, and intermodal
connectivity to a defined region of economic significance
centered around a major airport.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A State government or political subdivision
thereof.
(B) A local government or political subdivision
thereof.
(C) A metropolitan planning organization.
(D) A regional planning organization.
(E) An organization comprised of more than one
entity specified in subparagraphs (A) through (D). | Leading and Expediting Aerotropolis Development Act of 2011 - Directs the Secretary of Transportation to establish an aerotropolis grant program to assist in the development of aerotropolis transportation systems (i.e., planned and coordinated multimodal freight and passenger transportation networks that provide efficient, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport). Authorizes the Secretary to make grants to eligible entities to assist in planning, design, environmental review, or land acquisition activities for one or more specified kinds of projects to benefit such systems. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Protection Act of
2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is an epidemic of fraud directed against aliens
engaged in dealings with the Immigration and Naturalization
Service.
(2) Fraudulent immigration consultants target aliens
working their way through the maze of immigration law and
extract hundreds of thousands of dollars in exchange for
promises of help in dealing with the Immigration and
Naturalization Service.
(3) For example, phony immigration consultants--who lure
clients by approaching aliens in line at Immigration and
Naturalization Service buildings or by advertising in foreign-
language newspapers--promise, for a fee, to help immigrants
obtain residency or green cards by using personal back-channel
connections at the Immigration and Naturalization Service or by
filing a supposedly necessary application.
(4) Rather than legitimately assist aliens with the
Immigration and Naturalization Service, fraudulent consultants
then take one or a succession of fees and either do nothing, or
worse, file meritless asylum petitions designed to result in
rejection and deportation.
(5) Fraudulent immigration consultants often pose as
immigration lawyers. In particular, some who target Spanish-
speaking immigrants become notaries public in order to
advertise as ``notarios,'' who are attorneys in Latin America.
(6) Aliens victimized by fraudulent consultants are usually
too fearful of deportation, or unsure where to turn, to report
the fraud to Government officials. Consequently, fraudulent
consultants operate with near-impunity.
(7) Because fraudulent immigration consultants work in the
shadows and provide services that are unregulated in many
States, it is impossible to determine how many such
illegitimate businesses exist. State officials and immigrants'
advocacy groups estimate, however, that the problem of aliens
exploited by bogus consultants has grown in recent years, and
that thousands of fraudulent consultants are at work across the
country.
(8) Federal and State efforts to rein in fraudulent
immigration consultants have not succeeded in ending the abuse.
At the Federal level, there is no jurisdiction to prosecute
fraudulent consultants unless they participate in the
submission of false documents to the Immigration and
Naturalization Service. Since many phony consultants scam
aliens without filing paperwork with the Immigration and
Naturalization Service, they cannot be reached by Federal law
enforcement.
(9) The Department of Justice intended to establish five
Federal-State task forces to combat fraud by immigration
consultants in major cities with large immigrant populations.
Only one such task force has been established, however--in Los
Angeles.
(10) Enforcement by State authorities is sporadic. Many
make no effort to pursue and prosecute bogus consultants. And
even when con artists are convicted, most jurisdictions punish
fraud against aliens as misdemeanors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Attorney.--The term ``attorney'' means any person who
is a member in good standing of the bar of the highest court of
any State, possession, territory, Commonwealth, or the District
of Columbia, and is not under any order of any court
suspending, enjoining, restraining, disbarring, or otherwise
restricting such person in the practice of law.
(2) Accredited representative.--The term ``accredited
representative'' means any organization or individual that has
been accredited by the Board of Immigration Appeals pursuant to
section 292 of title 8, Code of Federal Regulations.
(3) Compensation.--The term ``compensation'' means money,
property, promise of payment, or any other consideration,
provided directly or indirectly.
(4) Immigration consultant.--The term ``immigration
consultant''--
(A) means any individual, organization, or entity
who in exchange for compensation or the expectation of
compensation, promises to provide or provides
assistance or advice on an immigration matter; and
(B) does not include any attorney, person employed
by and working under the direct supervision of one or
more attorneys, or any accredited representative.
(5) Immigration matter.--The term ``immigration matter''
means any proceeding, filing, or action affecting the
immigration or citizenship status of any person which arises
under any immigration or naturalization law, Executive order,
Presidential proclamation, or action of the Immigration and
Naturalization Service, other component of the Department of
Justice, the Department of State, or the Department of Labor.
SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES.
(a) Prohibited Acts.--It shall be unlawful for any immigration
consultant intentionally, or with reckless disregard for the truth to--
(1) make any false or misleading statement to any client,
prospective client, or the public while providing, offering, or
advertising services;
(2) make any statement indicating or implying that the
immigration consultant can or will obtain special favors from,
or has special influence with, any government agency;
(3) retain any compensation for any service not performed;
(4) refuse to return any document supplied by, prepared on
behalf of, or paid for by, any client or prospective client,
even in the event of a fee dispute;
(5) select forms to be filed with any government agency in
connection with an immigration matter;
(6) provide information to any government agency without
the client's knowledge and consent;
(7) engage in the unauthorized practice of law in
connection with an immigration matter, as such is defined by
applicable State statutes, regulations, rules or municipal
ordinances, in conjunction with an immigration matter; and
(8) hold himself or herself out to any client, prospective
client, or to the public as engaging in or entitled to engage
in the practice of law, or uses any title in any language, such
as ``notario'' or ``notary public'', to convey attorney status.
(b) Criminal Penalties.--Any immigration consultant who commits any
act set forth in subsection (a) shall be fined under title 18 of the
United States Code, imprisoned not more than five years, or both.
SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE AND WRITTEN CONTRACT.
(a) Advertisement Disclaimer.--It shall be unlawful for an
immigration consultant to make any advertisement unless the
advertisement includes a statement that the immigration consultant is
not an attorney, that the consultant cannot provide legal advice or
select forms for use by clients or prospective clients and that he or
she cannot obtain special favors from and has no special influence
with, the Immigration and Naturalization Service.
(b) Notice.--It shall be unlawful for an immigration consultant to
perform immigration consulting services unless, in any office in which
an immigration consultant meets with clients or prospective clients,
the immigration consultant has conspicuously displayed a notice, not
smaller than 12 inches by 20 inches and in boldface print no smaller
than one inch in height, that includes--
(1) a statement that the immigration consultant is not an
attorney, cannot select forms for use by the client, and cannot
provide legal services in any immigration matter; and
(2) a statement that the immigration consultant cannot
obtain special favors from, and has no special influence with,
the Immigration and Naturalization Service.
(c) Written Contract.--It shall be unlawful for an immigration
consultant knowingly to act in an immigration matter unless the person
has entered into a written contract (in both English and the other
principal language of the client, if not English) with the client that
includes--
(1) a description of all services to be performed by the
person under the agreement;
(2) the amount to be paid by the client;
(3) a statement, printed on the face of the contract in
boldface type no smaller than 10 point, that the person is not
licensed and authorized to practice law in the State in which
the immigration consultant services are to be performed and is
unable to perform legal services;
(4) a statement, printed on the face of the contract in
boldface type no smaller than 10 point, that any document
provided to the immigration consultant in connection with the
immigration matter may not be retained by the immigration
consultant and must be returned to the client at any time
requested by the client;
(5) a statement that the client may rescind the contract
within 72 hours of the time it is executed and receive a full
refund of all monies paid to the immigration consultant; and
(6) a statement certifying that a copy of the contract has
been provided to the client upon execution of the contract.
(d) Criminal Penalties.--Any immigration consultant who knowingly
fails to perform any requirement set forth in this section shall be
fined under title 18 of the United States Code, imprisoned not more
than one year, or both.
SEC. 6. CIVIL ENFORCEMENT.
(a) Aggrieved Parties.--Any person aggrieved by reason of any
violation of section 4 or 5 may commence a civil action in any
appropriate United States district court for the relief set forth in
subsection (d).
(b) Civil Actions by the Attorney General.--If the Attorney General
of the United States has reasonable cause to believe that any person or
group of persons is being, has been, or may be injured by reason of any
violation of section 4 or 5, the Attorney General may commence a civil
action in any appropriate United States district court for the relief
set forth in subsections (d) and (e).
(c) Civil Actions by State Attorneys General.--If the Attorney
General of a State has reasonable cause to believe that any person or
group of persons is being, has been, or may be injured by reason of any
violation of section 4 or 5, such Attorney General may commence a civil
action in the name of such State, as parens patriae on behalf of
persons residing in such State, in any appropriate United States
district court for the relief set forth in subsections (d) and (e).
(d) Relief.--In any civil action brought under this section, the
court may award appropriate relief, including temporary, preliminary,
or permanent injunctive relief and compensatory and punitive damages,
as well as the costs of suit and reasonable fees for attorneys and
expert witnesses. Injunctive relief may include, where appropriate, an
order temporarily or permanently enjoining the defendant from serving
as an immigration consultant in any immigration matter.
(e) Civil Penalties.--In addition to the relief provided for in
subsection (d), which the Attorney General or any State Attorney
General may seek on behalf of aggrieved parties, the court may also
assess a civil penalty not exceeding $50,000 for first violations, and
$100,000 for subsequent violations, when sought by the Attorney General
of the United States or any State Attorney General.
SEC. 7. TASK FORCES.
(a) Establishment of Task Forces.--The Attorney General shall
establish task forces composed of Federal investigatory and
prosecutorial personnel, and any State or local personnel who may be
assigned by States to serve, in the eight districts determined by the
Attorney General to contain the largest numbers of aliens subject to
violations of sections 4 and 5. Such task forces shall investigate,
criminally prosecute, and bring civil suits based on violations of
sections 4 and 5, section 274C of the Immigration and Nationality Act,
section 1546 of title 18, United States Code, and any other applicable
Federal or State laws.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of Justice $7,000,000 for each of fiscal years
2001, 2002, and 2003 to carry out this section.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
SEC. 8. OUTREACH BY IMMIGRATION AND NATURALIZATION SERVICE.
(a) Outreach Program.--The Commissioner of Immigration and
Naturalization shall establish a program to inform aliens about--
(1) the obligations of immigration consultants under this
Act;
(2) methods of law enforcement, redress, and assistance
under this Act and any other related law, regulation, or
program established by the Immigration and Naturalization
Service or other Federal, State, or local agency; and
(3) the hotline to be established under subsection (b).
(b) Hotline.--The Commissioner of Immigration and Naturalization
shall establish a toll-free hotline to be used by aliens and others
with knowledge or information of violations of sections 4 and 5,
section 274C of the Immigration and Nationality Act, section 1546 of
title 18, United States Code, or any related State or local laws.
Callers shall be permitted to provide information anonymously. In
situations deemed appropriate by the Commissioner of the Immigration
and Naturalization Service, callers or information provided by callers
shall be forwarded to appropriate Federal or State law enforcement
authorities.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Department of Justice $7,000,000 for each of fiscal years
2001, 2002, and 2003 in order to carry out this section.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
SEC. 9. CONFIDENTIALITY.
(a) In General.--Except as otherwise provided in this section,
neither the Attorney General nor any other official or employee of the
Department of Justice or any bureau or agency thereof may use the
information provided by any person (including an alien not lawfully
present in the United States) in relation to a violation of sections 4
and 5 for any purpose other than to carry out this Act. If such
information is provided by an alien not lawfully present in the United
States, such information shall not be used for the purpose of
identifying or removing the person from the United States or imposing
other sanctions against the person.
(b) Exception.--Subsection (a) shall not apply if the Attorney
General or other official or employee of the Department of Justice, or
bureau or agency thereof, determines that the information was not
provided in good faith in conjunction with a credible report relating
to a violation of this Act, but was provided in order to evade the
application of Federal immigration law.
(c) Criminal Penalty.--Whoever knowingly uses information in
violation of this section shall be fined not more than $10,000.
SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS.
The provisions of this Act supersede State laws, regulations, and
municipal ordinances only to the extent such State and local laws
impede the application of any provision of this Act. States and
municipalities may impose requirements supplementing those imposed by
this Act. | Directs the Attorney General to establish specified district task forces to enforce such provisions. Authorizes appropriations.
Directs the Commissioner of the Immigration and Naturalization Service to establish related outreach programs, including a toll-free hotline. Authorizes appropriations.
Provides for confidentiality of related information and criminal penalties for violations of such confidentiality. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defend the
American Dream Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Wage determination.
Sec. 3. Good faith recruitment requirement.
Sec. 4. Notice requirement.
Sec. 5. Reduction of period of authorized admission as H-1B
nonimmigrant.
Sec. 6. Removal of exemption from H-1B numerical limitation for certain
aliens.
Sec. 7. Requirement of a degree from certain institutions for H-1B
specialty occupation nonimmigrants.
Sec. 8. Tripling H-1B nonimmigrant petitioner fee.
Sec. 9. Labor enforcement.
Sec. 10. Private right of action.
Sec. 11. Application of nondisplacement requirement to all H-1B
employers.
SEC. 2. WAGE DETERMINATION.
(a) Change in Minimum Wages.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer during the period
of authorized employment to aliens admitted or provided
status as an H-1B nonimmigrant wages that are at
least--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median average wage for all
workers in the occupational classification in
the area of employment; or
``(III) the median wage for skill level two
in the occupational classification found in the
most recent Occupational Employment Statistics
survey;
whichever is greatest, based on the best information
available as of the time of filing of the application;
and
``(ii) will provide working conditions for such
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.
The wage determination methodology used under clause (i) shall
be submitted with the application.''.
(b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8
U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the
following new subparagraph:
``(H) If the employer employed, in such previous period as
the Secretary shall specify, one or more H-1B nonimmigrants,
the application shall be accompanied by the Internal Revenue
Service Form W-2 Wage and Tax Statement filed by the employer
with respect to such nonimmigrants for such period.''.
(c) Effective Date.--The amendments made by this section shall
apply to applications filed on or after the date of the enactment of
this Act.
SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT.
(a) Extending Time Period for No Displacement.--Section 212(n) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(E)(i), by striking ``90 days'' and
inserting ``180 days'' each place it appears; and
(2) in paragraph (2)(C)(iii), in the matter before
subclause (I), by striking ``90 days'' and inserting ``180
days'' each place it appears.
(b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting
``actively'' before ``recruit''.
(c) Prohibition of Outplacement.--Section 212(n) of such Act (8
U.S.C. 1182(n)) is amended--
(1) by amending subparagraph (F) of paragraph (1) to read
as follows:
``(F) The employer shall not place, out-source, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer,
regardless of whether or not such other employer is an H-1B-
dependent employer.''; and
(2) by striking subparagraph (E) of paragraph (2).
(d) Effective Date.--The amendments made by this section shall
apply to applications filed on or after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall not
apply to displacements for periods occurring more than 90 days before
such date.
SEC. 4. NOTICE REQUIREMENT.
(a) In General.--Section 212(n) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)) is further amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``and the employer certifies that the prior
notice requirement of paragraph (6) has been met with respect
to the application''; and
(2) by adding at the end the following new paragraph:
``(6) For purposes of paragraph (1), the prior notice requirement
of this paragraph, with respect to an application of an employer, is
that employer has made copies of the application (or, a summary of
essential information derived from such application, including the
number of H-1B nonimmigrants being sought, their occupational
classifications, the wages offered, the period of intended employment,
the locations at which they will be employed, and a statement that a
copy of the application is available for public inspection in
conspicuous locations at the employer's principal place of business and
at worksites where H-1B nonimmigrants will be employed) accessible for
examination by affected United States and foreign workers at least 30
days in advance of the filing of the application with the Secretary of
Labor through--
``(A) posting of such application (or summary) in
conspicuous locations at worksites where H-1B nonimmigrants
will be employed;
``(B) electronic notification to employees in the
occupational classifications for which H-1B nnimmigrants are
being sought; and
``(C) provision of a copy of the application to each H-1B
nonimmigrant on whose behalf the application is being filed.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications filed more than 30 days after the date of the
enactment of this Act.
SEC. 5. REDUCTION OF PERIOD OF AUTHORIZED ADMISSION AS H-1B
NONIMMIGRANT.
(a) In General.--Section 214(g)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(4)) is amended by striking ``6
years'' and inserting ``3 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the period of authorized admission of an alien as
an H-1B nonimmigrant under section 101(a)(15)(H)(i)(B) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) that
begins on or after the date of the enactment of this Act.
SEC. 6. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN
ALIENS.
(a) In General.--Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
(1) in subparagraph (A), by adding ``or'' after the
semicolon;
(2) in subparagraph (B), by striking ``; or'' and inserting
a period; and
(3) by striking subparagraph (C).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to the issuance of a visa (or other provision of status) under
section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first
fiscal year beginning after the date of the enactment of this Act.
SEC. 7. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B
SPECIALTY OCCUPATION NONIMMIGRANTS.
(a) In General.--Section 214(i)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(i)(2)) is amended--
(1) in subparagraph (A), by adding ``or'' at the end;
(2) in subparagraph (B), by inserting ``, from a bona fide
educational institution in the United States or from an
educational institution that is at least equivalent to such an
institution in the United States,'' after ``paragraph (1)(B)'';
(3) in subparagraph (B), by striking ``, or'' and inserting
a period; and
(4) by striking subparagraph (C).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications filed on or after the date of the enactment of
this Act.
SEC. 8. TRIPLING H-1B NONIMMIGRANT PETITIONER FEE.
(a) In General.--Section 214(c)(9)(B) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking
``$1,500'' and inserting ``$4,500''.
(b) Technical Amendment.--Section 214(c)(9)(A) of such Act (8
U.S.C. 1184(c)(9)(A)) is amended, in the matter preceding clause (i),
by striking ``before''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed on or after the date of the enactment of this
Act.
SEC. 9. LABOR ENFORCEMENT.
(a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(J) The Secretary shall be responsible under this paragraph for
investigations of wage complaints, as well as investigations of
allegations of fraud in the filing of applications under this
subsection.''.
(b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C.
1182(n)(2)(A)) is amended by adding at the end the following: ``In
addition, the Secretary may conduct surveys of the level of compliance
by employers with the provisions and requirements of this subsection
and may conduct annual compliance audits in the case of employers that
employ H-1B nonimmigrants. In the case of an employer that employs H-1B
nonimmigrants that represent 15 percent or more of the total number of
individuals employed by the employer, the Secretary shall conduct
annual compliance audits of such employer.''.
SEC. 10. PRIVATE RIGHT OF ACTION.
(a) In General.--Section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)), as amended by section 8(a), is
further amended by adding at the end the following new subparagraph:
``(K) In addition to any other remedies available under this
paragraph, a person who is harmed by a violation by an employer of a
requirement of this subsection may bring a civil action against the
employer in any court of competent jurisdiction for damages or other
appropriate relief.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to violations occurring on or after the date of the enactment of
this Act.
SEC. 11. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B
EMPLOYERS.
(a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking
``an H-1B dependent employer (as defined in paragraph (3))'' and
inserting ``an employer that employs H-1B non-immigrants''.
(b) Effective Date.--The amendments made by this section shall
apply to applications filed on or after the date of the enactment of
this Act. | Defend the American Dream Act of 2005 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.
Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer.
Sets forth prior notice requirements.
Reduces the period of H-1B authorized admission to three years.
Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a U.S. master's or higher degree.
Revises the H-1B definition of "specialty occupation."
Triples the H-1B petitioner fee.
Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.
Creates a private right of action for persons harmed by an employer's violation of labor condition requirements.
Applies the nondisplacement requirement to all H-1B employers. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Office Act of 1994''.
SEC. 2. PUBLIC HEALTH SERVICE OFFICE OF WOMEN'S HEALTH.
Part A of title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by adding at the end the following section:
``public health service office of women's health
``Sec. 310A. (a) Establishment of Office.--There is established an
Office of Women's Health (hereafter referred to in this section as the
`Office') within the Office of the Assistant Secretary for Health.
``(b) Assistant Secretary.--There shall be in the Department of
Health and Human Services a Deputy Assistant Secretary for Women's
Health, who shall be the head of the Office. The Secretary, acting
through such Deputy Assistant Secretary, shall carry out this section.
``(c) Duties.--The Secretary, acting through the Office, shall,
with respect to the health concerns of women--
``(1) establish short-range and long-range goals and
objectives and coordinate all other activities within the
Department of Health and Human Services that relate to disease
prevention, health promotion, service delivery, and research
concerning women;
``(2) advise the Assistant Secretary for Health concerning
scientific, legal, ethical, and policy issues relating to
women's health;
``(3) monitor Public Health Service agency and regional
activities regarding women's health, and coordinate activities
of such agency Offices of Women's Health;
``(4) establish a women's health resource center to
facilitate the exchange of information regarding matters
relating to health information and health promotion, preventive
health services, and education in the appropriate use of health
care, to facilitate access to such information, to assist in
the analysis of issues and problems relating to such matters,
and to provide technical assistance with respect to the
exchange of such information (including facilitating the
development of materials for such technical assistance); and
``(5) coordinate efforts to promote women's health programs
and policies in the voluntary and corporate sectors.
``(d) Reports.--Not later than January 31, 1995, and January 31 of
each second year thereafter, the Secretary shall prepare and submit to
the appropriate committees of Congress a report describing the
activities carried out under this section during the preceding 2 fiscal
years.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1994 through 1996.''.
SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION OFFICE OF WOMEN'S
HEALTH.
Part A of title III of the Public Health Service Act (42 U.S.C. 241
et seq.) (as amended by section 2) is further amended by adding at the
end the following section:
``centers for disease control and prevention office of women's health
``Sec. 310B. (a) Establishment.--There is established within the
Office of the Director of the Centers for Disease Control and
Prevention an office to be known as the Office of Women's Health
(hereafter referred to in this section as the `Office'). The Office
shall be headed by a director who shall be appointed by the Director of
the Centers.
``(b) Purpose.--The Director of the Office shall--
``(1) determine the current level of the Centers activity
regarding women's health conditions, across age, biological,
and sociocultural contexts, in all aspects of the Centers work,
including prevention programs, public and professional
education, services, and treatment;
``(2) establish short-range and long-range goals and
objectives for women's health and coordinate all other
activities within the Centers that relate to prevention,
research, education and training, service delivery, and policy
development;
``(3) identify projects in women's health that should be
conducted or supported by the National Centers;
``(4) consult with health professionals, non-governmental
organizations, consumer organizations, women's health
professionals, and other individuals and groups, as
appropriate, on the policy of the Centers with regard to women;
and
``(5) coordinate agency activities on women's health with
the Public Health Service Office of Women's Health established
under section 310A.
``(c) Coordinating Committee.--
``(1) Establishment.--In carrying out subsection (b), the
Director of the Office shall establish a committee to be known
as the Coordinating Committee on Research on Women's Health
(hereafter referred to in this subsection as the `Coordinating
Committee').
``(2) Composition.--The Coordinating Committee shall be
composed of the Directors of the National Centers.
``(3) Chairperson.--The Director of the Office shall serve
as the chairperson of the Coordinating Committee.
``(4) Duties.--With respect to women's health, the
Coordinating Committee shall assist the Director of the Office
in--
``(A) identifying the need for programs and
activities that focus on women's health;
``(B) identifying needs regarding the coordination
of activities, including intramural and extramural
multidisciplinary activities; and
``(C) making recommendations to the Director of the
Centers for Disease Control and Prevention concerning
findings made under subparagraphs (A) and (B).
``(d) Reports.--Not later than January 31, 1995, and January 31 of
each second year thereafter, the Director shall prepare and submit to
the Director of the Public Health Service Office of Women's Health, a
report describing the activities carried out under this section during
the preceding 2 fiscal years.
``(e) Definition.--As used in this section the term `women's health
conditions', with respect to women of all age, ethnic, and racial
groups, means all diseases, disorders, and conditions--
``(1) unique to, more serious, or more prevalent in women;
and
``(2) for which the factors of medical risk or type of
medical intervention are different for women, or for which it
is unknown whether such factors or types are different for
women.''.
SEC. 4. AGENCY FOR HEALTH CARE POLICY AND RESEARCH OFFICE OF WOMEN'S
HEALTH.
Part C of title IX of the Public Health Service Act (42 U.S.C. 299c
et seq.) is amended--
(1) by redesignating section 927 as section 928; and
(2) by inserting after section 926 the following section:
``SEC. 927. OFFICE OF WOMEN'S HEALTH.
``(a) Establishment.--There is established within the Office of the
Director of the Agency for Health Care Policy and Research an office to
be known as the Office of Women's Health (hereafter referred to in this
section as the `Office'). The Office shall be headed by a Director who
shall be appointed by the Director of the Agency.
``(b) Purpose.--The Director of the Office shall--
``(1) determine the current Agency level of activity
regarding women's health, across age, biological, and
sociocultural contexts, in all aspects of Agency work,
including drafting clinical practice guidelines, and conducting
research into patient outcomes, delivery of health care
services, and access to health care;
``(2) establish short-range and long-range goals and
objectives for research important to women's health and
coordinate all other activities within the Agency that relate
to health services and medical effectiveness research;
``(3) identify projects in women's health that should be
conducted or supported by the Agency;
``(4) consult with health professionals, non-governmental
organizations, consumer organizations, women's health
professionals, and other individuals and groups, as
appropriate, on Agency policy with regard to women; and
``(5) coordinate agency activities on women's health with
the Public Health Service Office of Women's Health established
under section 310A.
``(c) Coordinating Committee.--
``(1) Establishment.--In carrying out subsection (b), the
Director of the Office shall establish a committee to be known
as the Coordinating Committee on Research on Women's Health
(hereafter referred to in this subsection as the `Coordinating
Committee').
``(2) Composition.--The Coordinating Committee shall be
composed of the Directors of the Offices.
``(3) Chairperson.--The Director of the Office shall serve
as the chairperson of the Coordinating Committee.
``(4) Duties.--With respect to research on women's health,
the Coordinating Committee shall assist the Director of the
Office in--
``(A) identifying the need for such research, and
making an estimate each fiscal year of the funds needed
to adequately support the research;
``(B) identifying needs regarding the coordination
of research activities, including intramural and
extramural multidisciplinary activities; and
``(C) making recommendations to the Director of the
Agency for Health Care Policy and Research concerning
findings made under subparagraphs (A) and (B).
``(d) Reports.--Not later than January 31, 1995, and January 31 of
each second year thereafter, the Director shall prepare and submit to
the Director of the Public Health Service Office of Women's Health, a
report describing the activities carried out under this section during
the preceding 2 fiscal years.''.
SEC. 5. HEALTH RESOURCES AND SERVICES ADMINISTRATION OFFICE OF WOMEN'S
HEALTH.
Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is
amended by adding at the end the following section:
``office of women's health
``Sec. 712. (a) Establishment.--There is established within the
Office of the Administrator of the Health Resources and Services
Administration an office to be known as the Office of Women's Health
(hereafter referred to in this section as the `Office'). The Office
shall be headed by a director who shall be appointed by the Director of
the Administration.
``(b) Purpose.--The Director of the Office shall--
``(1) determine the current agency level of activity
regarding women's health across age, biological, and
sociocultural contexts;
``(2) establish short-range and long-range goals and
objectives for women's health and coordinate all other
activities within the agency that relate to health care
provider training, health service delivery, research, and
demonstration projects;
``(3) identify projects in women's health that should be
conducted or supported by the Bureaus;
``(4) consult with health professionals, non-governmental
organizations, consumer organizations, women's health
professionals, and other individuals and groups, as
appropriate, on agency policy with regard to women; and
``(5) coordinate agency activities on women's health with
the Public Health Service Office of Women's Health established
under section 310A of the Public Health Service Act.
``(c) Coordinating Committee.--
``(1) Establishment.--In carrying out subsection (b), the
Director of the Office shall establish a committee to be known
as the Coordinating Committee on Research on Women's Health
(hereafter referred to in this subsection as the `Coordinating
Committee').
``(2) Composition.--The Coordinating Committee shall be
composed of the Directors of the Bureaus.
``(3) Chairperson.--The Director of the Office shall serve
as the Chairperson of the Coordinating Committee.
``(4) Duties.--With respect to research on women's health,
the Coordinating Committee shall assist the Director of the
Office in--
``(A) identifying the need for programs and
activities that focus on women's health;
``(B) identifying needs regarding the coordination
of activities, including intramural and extramural
multidisciplinary activities; and
``(C) making recommendations to the Director of the
Centers for Disease Control and Prevention concerning
findings made under subparagraphs (A) and (B).
``(d) Reports.--Not later than January 31, 1995, and January 31 of
each second year thereafter, the Director of the Office shall prepare
and submit to the Director of the Public Health Service Office of
Women's Health, a report describing the activities carried out under
this section during the preceding 2 fiscal years.''.
SEC. 6. FOOD AND DRUG ADMINISTRATION OFFICE OF WOMEN'S HEALTH.
Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
391 et seq.) is amended by adding at the end the following section:
``SEC. 906. OFFICE OF WOMEN'S HEALTH.
``(a) Establishment.--There is established within the Office of the
Commissioner of the Food and Drug Administration an office to be known
as the Office of Women's Health (hereafter referred to in this section
as the `Office'). The Office shall be headed by a Director who shall be
appointed by the Commissioner of the Administration.
``(b) Purpose.--The Director of the Office shall--
``(1) determine current Commission levels of activity
regarding women's participation in clinical trials the study of
gender differences in the testing of drugs, medical devices,
and biological products, across, age, sociocultural, and, where
deemed appropriate, biological contexts;
``(2) establish short-range and long-range goals and
objectives for adequate inclusion of women in all Commission
protocols and policies;
``(3) provide guidance or criteria for drug and device
manufacturers to use in determining the extent and sufficiency
of female representation in clinical trials;
``(4) consult with pharmaceutical manufacturers, health
professionals with expertise in women's issues, consumer
organizations, and women's health professionals on Commission
policy with regard to women;
``(5) make annual estimates of funds needed to monitor
clinical trials in accordance with needs that are identified;
and
``(6) coordinate Commission activities on women's health
with the Public Health Service Office of Women's Health
established under section 310A of the Public Health Service
Act.
``(c) Coordinating Committee.--
``(1) Establishment.--In carrying out subsection (b), the
Director of the Office shall establish a committee to be known
as the Coordinating Committee on Women's Health (hereafter
referred to in this subsection as the `Coordinating
Committee').
``(2) Composition.--The Coordinating Committee shall be
composed of the Directors of the Food and Drug Administration
Centers.
``(3) Chairperson.--The Director of the Office shall serve
as the Chairperson of the Coordinating Committee.
``(4) Duties.--With respect to studies on women's health,
the Coordinating Committee shall assist the Director of the
Office in--
``(A) identifying the need for further studies in
specific areas of women's health that fall within the
mission of the Commission, and developing strategies to
foster such studies;
``(B) identifying needs regarding the coordination
of Commission activities, including intramural and
extramural studies;
``(C) maintaining the Commission's focus in areas
of importance to women;
``(D) supporting the development of methodologies
to determine the circumstances in which obtaining data
specific to women (including data relating to the age
of women and the membership of women in ethnic or
racial groups) is an appropriate function of clinical
trials of treatments and therapies;
``(E) supporting the development and expansion of
clinical trials of treatments and therapies for which
obtaining such data has been determined to be an
appropriate function; and
``(F) encouraging the Food and Drug Administration
Centers to conduct and support such studies, including
such clinical trials.
``(d) Reports.--Not later than January 31, 1995, and January 31 of
each second year thereafter, the Director shall prepare and submit to
the Director of the Public Health Service Office of Women's Health, a
report describing the activities carried out under this section during
the preceding 2 fiscal years.''. | Women's Health Office Act of 1994 - Amends the Public Health Service Act to establish an Office of Women's Health within the: (1) Office of the Assistant Secretary for Health; (2) Office of the Director of the Centers for Disease Control and Prevention; and (3) Office of the Director of the Agency for Health Care Policy and Research. Amends the: (1) Social Security Act to establish such an Office within the Office of the Administrator of the Health Resources and Services Administration; and (2) Federal Food, Drug, and Cosmetic Act to establish such an Office within the Office of the Commissioner of the Food and Drug Administration.
Requires all such offices to: (1) establish goals and objectives and coordinate activities within their respective departments or agencies that relate to disease prevention, health promotion, service delivery, and research concerning women; (2) undertake appropriate advisory duties with respect to such issues; and (3) monitor and coordinate Federal and regional activities regarding women's health. Requires reports. Authorizes appropriations for such Office within the Office of the Assistant Secretary for Health. Requires in most cases the establishment of a Coordinating Committee on Research on Women's Health to undertake appropriate duties with respect to women's health research. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``George C. Marshall Commemorative
Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins in commemoration of the 50th anniversary of the
Marshall Plan and George Catlett Marshall:
(1) One dollar silver coins.--Not more than 700,000 one
dollar coins, each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Half dollar clad coins.--Not more than 500,000 half
dollar coins each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 50th anniversary of the Marshall
Plan, which gave Europe's war-ravaged countries the economic
strength by which they might choose freedom, and George C.
Marshall, the author of the plan.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse side.--The obverse side of each coin minted
under this Act shall bear the likeness of George C. Marshall.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
George C. Marshall Foundation, the Friends of George C.
Marshall, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $12 per coin for the one dollar coin; and
(2) $4 per coin for the half dollar coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary in equal portions to--
(1) the George C. Marshall Foundation for the purpose of
supporting the Foundation's educational and outreach programs
to promote the ideals and values of George C. Marshall; and
(2) the Friends of George C. Marshall for the sole purpose
of constructing and operating the George C. Marshall Memorial
and Visitor Center in Uniontown, Pennsylvania.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the George C. Marshall Foundation and the Friends of George C.
Marshall as may be related to the expenditures of amounts paid under
subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration. | George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall.
Mandates that coin sale surcharges be paid equally to: (1) the George C. Marshall Foundation; and (2) the Friends of George C. Marshall for construction and operation of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. | billsum_train |
Make a brief summary of the following text: s Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the 2 Houses of Congress and the matter after the
resolving clause of such joint resolution is as follows: ``That
the Congress calls upon the President to undertake negotiations
to amend or modify the matter relating to ____________ that is
the subject of the affirmative report submitted to the Congress
by the WTO Dispute Settlement Review Commission on ____'', the
first blank space being filled with the specific provisions of
the Uruguay Round Agreement with respect to which the President
is to undertake negotiations and the second blank space being
filled with the date that the affirmative report, which was
made under section 4(a) and which has given rise to the joint
resolution, was submitted to the Congress by the Commission
pursuant to section 4(b).
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the 2 Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That, in light of the 3 affirmative reports
submitted to the Congress by the WTO Dispute Settlement Review
Commission during the preceding 5-year period, and the failure
to remedy the problems identified in the reports through
negotiations, it is no longer in the overall national interest
of the United States to be a member of the WTO, and accordingly
the Congress withdraws its approval, provided under section
101(a) of the Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that Act.''.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
report from the Commission pursuant to section 4(b)(2);
or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has submitted 3
affirmative reports pursuant to section 4(b)(2) during
a 5-year period, and the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives the third such
affirmative report.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative report pursuant to section 4(b)(2), and
before the end of the 90-day period referred to in
subparagraph (A) or (B) of paragraph (1), as the case
may be.
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report or discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day
described in section 154(b) of the Trade Act of 1974),
such committee shall be automatically discharged from
further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rule for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 7. DEFINITIONS.
For purposes of this title:
(1) Adverse finding.--The term ``adverse finding'' means--
(A) in a panel or Appellate Body proceeding
initiated against the United States, a finding by the
panel or the Appellate Body that any law or regulation
of, or application thereof by, the United States is
inconsistent with the obligations of the United States
under a Uruguay Round Agreement (or nullifies or
impairs benefits accruing to a WTO member under such an
Agreement); or
(B) in a panel or Appellate Body proceeding in
which the United States is a complaining party, any
finding by the panel or the Appellate Body that a
measure of the party complained against is not
inconsistent with that party's obligations under a
Uruguay Round Agreement (or does not nullify or impair
benefits accruing to the United States under such an
Agreement).
(2) Affirmative report.--The term ``affirmative report''
means a report described in section 4(b)(2) which contains
affirmative determinations made by the Commission under
paragraph (3) of section 4(a).
(3) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established by the Dispute Settlement Body
pursuant to Article 17.1 of the Dispute Settlement
Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body established pursuant
to the Dispute Settlement Understanding.
(5) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(6) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(7) Terms of reference.--The term ``terms of reference''
has the meaning given such term in the Dispute Settlement
Understanding.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(9) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the Agreements described in section
101(d) of the Uruguay Round Agreements Act.
(10) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(11) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
S 1438 PCS----2 | WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review all adverse reports of dispute settlement panels and the Appellate Body adopted by the Dispute Settlement Body of the World Trade Organization (WTO) which result from a proceeding initiated against the United States by a WTO member, or (but only at the request of the U.S. Trade Representative) in which the United States is a complaining party.
Requires the Commission to determine whether the panel or the Appellate Body: (1) demonstrably exceeded its authority; (2) added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission to make an affirmative determination with respect to the action of a panel or the Appellate Body if it determines that: (1) any of the above occurred; and (2) the action of such panel or the Appellate Body materially affected the outcome of its report.
Urges the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Uruguay Round Agreement with respect to any affirmative report submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if: (1) there are three affirmative reports submitted to the Congress during the preceding five-year period; and (2) negotiations to remedy the problems in such reports are no longer in the national interest. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvement and Reauthorization
Act of 2013''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c);
(3) by striking subsection (a) and inserting the following:
``(a) The Office of Community Oriented Policing Services.--
``(1) Office.--There is within the Department of Justice,
under the general authority of the Attorney General, a separate
and distinct office to be known as the Office of Community
Oriented Policing Services (referred to in this subsection as
the `COPS Office').
``(2) Director.--The COPS Office shall be headed by a
Director who shall--
``(A) be appointed by the Attorney General; and
``(B) have final authority over all grants,
cooperative agreements, and contracts awarded by the
COPS Office.
``(b) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, and multi-jurisdictional or regional consortia for
the purposes described in subsections (c), (d), and (e).'';
(4) in subsection (c), as so redesignated--
(A) in the heading, by striking ``uses of grant
amounts.--'' and inserting ``Community Policing and
Crime Prevention Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) in paragraph (4)--
(i) by striking ``pay for offices'' and
inserting ``pay for or train officers''; and
(ii) by inserting ``, and to provide for
the initial hiring of such officers'' after
``duties'';
(D) by striking paragraph (9);
(E) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(F) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to enhance school
safety and to combat crime, gangs, drug activities, and other
problems in and around elementary and secondary schools,
including assisting schools with emergency preparedness and
preventative measures plans for natural disasters and acts of
violence and terrorism.'';
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14), (15), and
(16) as paragraphs (13), (14), and (15), respectively;
(I) in paragraph (15), as so redesignated, by
striking ``and'' at the end;
(J) by redesignating paragraph (17) as paragraph
(18);
(K) by inserting after paragraph (15), as so
redesignated, the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.''; and
(L) in paragraph (18), as so redesignated, by
striking ``through (16)'' and inserting ``through
(17)'';
(5) by striking subsections (h) and (i);
(6) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(7) by inserting after subsection (c), as so redesignated,
the following:
``(d) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (b) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (b) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(8) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish''; and
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (c)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (c)'';
(10) in subsection (i), as so redesignated, by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(11) in subsection (j)(1), by striking ``subsection (b)''
and inserting ``subsection (c)''.
(b) Applications.--Section 1702(c) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1(c)) is
amended--
(1) by redesignating paragraphs (8) through (11) as
paragraphs (9) through (12), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) if the application is for a grant for officers
performing homeland security duties, explain how the applicant
intends to coordinate with Federal law enforcement in support
of the applicant's homeland security mission;''.
(c) Limitation on Use of Funds.--Section 1704(c) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
3(c)) is amended by striking ``$75,000'' and inserting ``$125,000''.
(d) Definitions.--Section 1709(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended
by striking ``who is authorized'' and inserting ``who is a sworn law
enforcement officer and is authorized''.
(e) Authorization of Appropriations.--Section 1001(a)(11) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``fiscal years 2006
through 2009'' and inserting ``fiscal years 2013 through
2017''; and
(2) in subparagraph (B)--
(A) in the first sentence--
(i) by striking ``3 percent'' and inserting
``5 percent''; and
(ii) by striking ``section 1701(d)'' and
inserting ``section 1701(f)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(c), and not more than $250,000,000 shall be used
for grants under section 1701(e).''. | COPS Improvement and Reauthorization Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the public safety and community policing grant program (COPS ON THE BEAT grant program) to: (1) establish within the Department of Justice (DOJ), under the general authority of the Attorney General, the Office of Community Oriented Policing Services to be headed by a Director; and (2) authorize the Attorney General to carry out more than one such program. Repeals provisions authorizing: (1) the Attorney General to give preferential consideration to applications for hiring and rehiring additional career law enforcement officers that involve a non-federal contribution exceeding a 25% minimum; and (2) the use of such grants to develop and implement either innovative programs to permit members of the community to assist state, tribal, and local law enforcement agencies in the prevention of crime in the community or new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy. Authorizes the use of such grants to: (1) hire school resource officers and establish local partnerships to enhance school safety and to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use; (3) meet emerging law enforcement needs; (4) hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing; and (5) develop new technologies to assist state and local law enforcement agencies in crime prevention and training. Requires an application for a grant for officers performing homeland security duties to explain how the applicant intends to coordinate with federal law enforcement in support of the applicant's homeland security mission. Increases the limit on grant funding provided for hiring or rehiring a career law enforcement officer, unless the Attorney General grants a waiver, from $75,000 to $125,000. Extends the authorization of appropriations for the program for FY2013-FY2017. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accountability in
Receiving Overdraft Coverage Act of 2009'' or the ``FAIR Overdraft
Coverage Act''.
SEC. 2. FINDINGS AND PURPOSE.
Section 102 of the Truth in Lending Act (15 U.S.C. 1601) is amended
by adding at the end the following:
``(c) Fairness and Accountability in Overdraft Coverage.--
``(1) Findings.--The Congress also finds that--
``(A) overdraft coverage is a form of short-term
credit that depository institutions provide for
consumer transaction accounts. Historically, depository
institutions covered overdrafts for a fee on an ad hoc
basis;
``(B) with the growth in specially designed
software programs and in consumer use of debit cards,
overdraft coverage for a fee has become more prevalent;
``(C) most depository institutions do not notify
consumers when adding this feature to their transaction
accounts, and some do not permit consumers to eliminate
this feature from such accounts;
``(D) most depository institutions collect a high
flat fee, including for small dollar transactions, each
time the institution covers an overdraft, in some cases
impose multiple overdraft coverage fees within a single
day, and many charge additional fees for each day
during which the account remains overdrawn; and
``(E) such abusive and misleading practices in
connection with overdraft coverage fees have deprived
consumers of meaningful choices about their accounts
and placed significant financial burdens on low- and
moderate-income consumers.
``(2) Purpose.--It is the purpose of this title to protect
consumers by limiting abusive and misleading overdraft coverage
fees and practices, and by providing meaningful disclosures and
consumer choice in connection with overdraft coverage fees.''.
SEC. 3. DEFINITIONS.
(a) Additional Definitions.--Section 103 of the Truth in Lending
Act (15 U.S.C. 1602) is amended by adding at the end the following:
``(cc) Definitions Relating to Overdraft Coverage.--
``(1) Check.--The term `check' has the same meaning as in
section 3(6) of the Check Clearing for the 21st Century Act (12
U.S.C. 5001 et seq.), other than a travelers check.
``(2) Depository institution.--The term `depository
institution' has the same meaning as in clauses (i) through
(vi) of section 19(b)(1)(A) of the Federal Reserve Act (12
U.S.C. 461(b)(1)(A)).
``(3) Nonsufficient fund fee.--The term `nonsufficient fund
fee' means a fee or charge assessed in connection with an
overdraft for which a depository institution declines payment.
``(4) Overdraft.--The term `overdraft' means the amount of
a withdrawal by check or other debit from a transaction account
in which there are insufficient or unavailable funds in the
account to cover such check or debit.
``(5) Overdraft coverage.--The term `overdraft coverage'
means the payment of a check presented or other debit posted
against a transaction account by the depository institution in
which such account is held, even though there are insufficient
or unavailable funds in the account to cover such checks or
other debits.
``(6) Overdraft coverage fee.--The term `overdraft coverage
fee' means any fee or charge assessed in connection with
overdraft coverage, or in connection with any negative account
balance that results from overdraft coverage, excluding fees or
charges relating to overdraft lines of credit or transfers from
an account linked to another transaction account or line of
credit. Such fee shall be considered a `finance charge' for
purposes of section 106(a), but shall not be included in the
calculation of the rate of interest for purposes of section
107(5)(A)(vi) of the Federal Credit Union Act (12 U.S.C.
1757(5)(A)(vi)).
``(7) Overdraft coverage program.--The term `overdraft
coverage program' means a service under which a depository
institution assesses an overdraft coverage fee for overdraft
coverage.
``(8) Transaction account.--The term `transaction account'
has the same meaning as in section 19(b)(1)(C) of the Federal
Reserve Act (12 U.S.C. 461(b)(1)(C)).''.
(b) Conforming Amendment.--Section 107(5)(A)(vi) of the Federal
Credit Union Act (12 U.S.C. 1757(5)(A)(vi)) is amended by inserting ``,
other than an overdraft coverage fee, as defined in section 103(cc) of
the Truth in Lending Act (12 U.S.C. 1602(cc))'' after ``inclusive of
all finance charges''.
SEC. 4. FAIR MARKETING AND PROVISION OF OVERDRAFT COVERAGE PROGRAMS.
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following new section:
``SEC. 140B. OVERDRAFT COVERAGE PROGRAM DISCLOSURES AND CONSUMER
PROTECTION.
``(a) Prohibitions.--No depository institution may engage in acts
or practices in connection with the marketing of or the provision of
overdraft coverage that are unfair, deceptive, or designed to evade the
provisions of this section.
``(b) Marketing Disclosures.--Each depository institution that
provides or offers to provide overdraft coverage with respect to
transaction accounts held at that depository institution shall clearly
and conspicuously disclose in all marketing materials for such
overdraft coverage any overdraft coverage fees.
``(c) Consumer Consent Opt-In.--A depository institution may charge
overdraft coverage fees with respect to withdrawals from automated
teller machines or debit card transfers only if the consumer has
consented in writing, in electronic form, or in such other form as is
permitted under regulations of the Board.
``(d) Consumer Disclosures.--Each depository institution shall
clearly disclose to each consumer covered by an overdraft protection
program of that depository institution--
``(1) that--
``(A) the consumer may be charged for not more than
one overdraft coverage fee in any single calendar month
and not more than 6 overdraft coverage fees in any
single calendar year, per transaction account; and
``(B) the depository institution retains the
discretion to pay (without assessing an overdraft
coverage fee) or reject overdrafts incurred by the
consumer beyond the numbers described in subparagraph
(A);
``(2) information about any alternative overdraft products
that are available, including a clear explanation of how the
terms and fees for such alternative services and products
differ; and
``(3) such other information as the Board may require, by
rule.
``(e) Periodic Statements.--Each depository institution that offers
an overdraft coverage program shall, in each periodic statement for any
transaction account that has an overdraft coverage program feature,
clearly disclose to the consumer the dollar amount of all overdraft
coverage fees charged to the consumer for the relevant period and year
to date.
``(f) Exclusion From Account Balance Information.--No depository
institution may include the amount available under the overdraft
coverage program of a consumer as part of the transaction account
balance of that consumer.
``(g) Prompt Notification.--Each depository institution shall
promptly notify consumers, through a reasonable means selected by the
consumer, when overdraft coverage has been accessed with respect to the
account of the consumer, not later than on the day on which such access
occurs, including--
``(1) the date of the transaction;
``(2) the type of transaction;
``(3) the overdraft amount;
``(4) the overdraft coverage fee;
``(5) the amount necessary to return the account to a
positive balance; and
``(6) whether the participation of a consumer in an
overdraft coverage program will be terminated if the account is
not returned to a positive balance within a given time period.
``(h) Terminated or Suspended Coverage.--Each depository
institution shall provide prompt notice to the consumer, using a
reasonable means selected by the consumer, if the institution
terminates or suspends access to an overdraft coverage program with
respect to an account of the consumer, including a clear rationale for
the action.
``(i) Notice and Opportunity To Cancel.--Each depository
institution shall--
``(1) warn any consumer covered by an overdraft coverage
program who engages in a transaction through an automated
teller machine or a branch teller if completing the transaction
would trigger overdraft coverage fees, including the amount of
the fees; and
``(2) provide to the consumer the opportunity to cancel the
transaction before it is completed.
``(j) Overdraft Coverage Fee Limits.--
``(1) Frequency.--A depository institution may charge not
more than one overdraft coverage fee in any single calendar
month, and not more than 6 overdraft coverage fees in any
single calendar year, per transaction account.
``(2) Reasonable and proportional overdraft coverage
fees.--
``(A) In general.--The amount of any overdraft
coverage fee that a depository institution may assess
for paying a transaction (including a check or other
debit) shall be reasonable and proportional to the cost
of processing the transaction.
``(B) Safe harbor rule authorized.--The Board, in
consultation with the Comptroller of the Currency, the
Board of Directors of the Federal Deposit Insurance
Corporation, the Director of the Office of Thrift
Supervision, and the National Credit Union
Administration Board, may issue rules to provide an
amount for any overdraft coverage fee that is presumed
to be reasonable and proportional to the actual cost of
processing the transaction.
``(3) Posting order.--In order to minimize overdraft
coverage fees charged to consumers, each depository institution
shall post transactions with respect to transaction accounts in
such a manner that the consumer does not incur avoidable
overdraft coverage fees.
``(k) Debit Holds.--No depository institution may charge an
overdraft coverage fee on any category of transaction, if the overdraft
results solely from a debit hold amount placed on a transaction account
that exceeds the actual dollar amount of the transaction.
``(l) Nondiscrimination for Not Opting In.--In implementing the
requirements of this section, each depository institution shall provide
to consumers who have not consented to participate in an overdraft
coverage program, transaction accounts having the same terms,
conditions, or other features as those that are provided to consumers
who have consented to participate in such overdraft coverage program,
except for features of such overdraft coverage.
``(m) Non-Sufficient Fund Fee Limits.--No depository institution
may charge any non-sufficient fund fee with respect to--
``(1) any transaction at an automated teller machine; or
``(2) any debit card transaction.
``(n) Reports to Consumer Reporting Agencies.--No depository
institution may report negative information regarding the use of
overdraft coverage by a consumer to any consumer reporting agency (as
that term is defined in section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a)) when the overdraft amounts and overdraft coverage
fees are paid under the terms of an overdraft coverage program.
``(o) Rule of Construction.--No provision of this section may be
construed as prohibiting a depository institution from retaining the
discretion to pay, without assessing an overdraft coverage fee or
charge, an overdraft incurred by a consumer.''.
SEC. 5. REGULATORY AUTHORITY OF THE BOARD.
(a) In General.--Not later than 9 months after the date of
enactment of this Act (except as provided in subsection (b)), the Board
of Governors of the Federal Reserve System (in this Act referred to as
the ``Board''), in consultation with the Comptroller of the Currency,
the Board of Directors of the Federal Deposit Insurance Corporation,
the Director of the Office of Thrift Supervision, and the National
Credit Union Administration Board, shall issue such final rules and
publish such model forms as necessary to carry out section 140B of the
Truth in Lending Act, as added by this Act.
(b) Board Authority Regarding Additional Warnings.--The Board may,
by rule, after taking into account the findings of the Comptroller
General of the United States under section 6, require warnings at
locations such as point-of-sale transfer terminals or other locations,
that are similar to those required under section 140B(i) of the Truth
in Lending Act, as added by this Act, where feasible, and if the cost
of providing such warnings does not outweigh the benefit to consumers.
SEC. 6. STUDY AND REPORT BY THE GAO.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study regarding whether it is feasible
for a depository institution--
(A) to provide a warning to a consumer at a point-
of-sale transfer terminal that completing a transfer
may trigger overdraft coverage fees; and
(B) to provide the consumer with the opportunity to
cancel the point-of-sale transfer before the
transaction is completed.
(2) Considerations.--In conducting the study under this
subsection, the Comptroller General shall evaluate--
(A) the benefits to consumers of a point-of-sale
transfer overdraft warning and opportunity to cancel;
(B) the availability of technology to provide such
a warning and opportunity; and
(C) the cost of providing such warning and
opportunity.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
Congress on the results of the study conducted under subsection (a).
(c) Definitions.--As used in this section, the terms ``overdraft
coverage program'', ``overdraft coverage fee'', and ``depository
institution'' have the same meanings as in section 103(cc) of the Truth
in Lending Act, as added by this Act.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act,
whether or not the rules of the Board under this Act or such amendments
are issued in final form.
(b) Moratorium on Fee Increases.--
(1) In general.--During the 1-year period beginning on the
date of enactment of this Act, no depository institution may
increase the overdraft coverage fees or charges assessed on
transaction accounts for paying a transaction (including a
check or other debit) in connection with an overdraft or for
non-sufficient funds.
(2) Definitions.--As used in this section, the terms
``depository institution'', ``overdraft'', ``overdraft coverage
fee'', ``transaction account'' and ``nonsufficient fund fee''
have the same meanings as in section 103(cc) of the Truth in
Lending Act, as added by this Act. | Fairness and Accountability in Receiving Overdraft Coverage Act of 2009 or FAIR Overdraft Coverage Act - Amends the Truth in Lending Act to prohibit a depository institution from engaging in unfair or deceptive acts or practices in connection with overdraft coverage, or in acts designed to evade the provisions of this Act.
Requires each depository institution that provides overdraft coverage for transaction accounts to clearly and conspicuously disclose overdraft coverage fees.
Subjects to the consumer's written, electronic, or other consent overdraft coverage fees for withdrawals from either automated teller machines or from debit card transfers.
Requires a depository institution to provide specified consumer disclosures regarding its overdraft protection program, including: (1) periodic statements for any transaction account that has an overdraft coverage program feature; and (2) prompt notification of the account's overdraft status.
Prescribes overdraft coverage fee limits.
Prohibits an overdraft coverage fee if the overdraft results solely from a debit hold amount that exceeds the actual dollar amount of the transaction.
Requires a depository institution to provide consumers who have not consented to participate in an overdraft coverage program transaction accounts with the same terms as those provided to consumers who have consented to participate in such program.
Prohibits a depository institution from charging a non-sufficient fund fee for any transaction at an automated teller machine or any debit card transaction.
Prohibits a depository institution from reporting negative information regarding consumer use of overdraft coverage to any consumer reporting agency when the overdraft amounts and coverage fees are paid under the terms of an overdraft coverage program. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safety Assurance
For Every Consumer Product Act'' or the ``SAFE Consumer Product Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Definition of children's product.
Sec. 4. Product testing requirements.
Sec. 5. Product recall authority, and inspection authority.
Sec. 6. Civil and criminal penalties.
Sec. 7. Expedited disclosure.
Sec. 8. Ban on children's products containing lead.
Sec. 9. Consumer product registration forms.
Sec. 10. Internet advertising requirement of certain children's
products.
Sec. 11. Commission procedures.
Sec. 12. Preemption.
Sec. 13. Authorization of Appropriations.
Sec. 14. Reports to Congress.
SEC. 2. REFERENCES.
Wherever in this Act an amendment is expressed in terms of an
amendment to a section or other provision, the reference shall be
considered to be made to a section or other provision of the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.).
SEC. 3. DEFINITION OF CHILDREN'S PRODUCT.
As used in this Act, the term ``children's product'' means a toy or
other article intended for use by a child under 12 years of age that is
introduced into the interstate stream of commerce. In determining
whether a toy or article is intended for use by a child under 12 years
of age, the following factors shall be considered:
(1) A statement by a manufacturer about the intended use of
such toy or article, including a label on such toy or article,
if such statement is reasonable.
(2) The context and manner of the advertising, promotion,
and marketing associated with the toy or article.
(3) Whether the toy or article is commonly recognized by
consumers as being intended for use by a child under 12 years
of age.
(4) The Age Determination Guidelines issued by the Consumer
Product Safety Commission in September 2002, and any subsequent
version of such Guidelines.
SEC. 4. PRODUCT TESTING REQUIREMENTS.
(a) Mandatory and Third-Party Testing.--Section 14(b) (15 U.S.C.
2063(b)) is amended--
(1) by striking ``The Commission may'' and inserting ``(1)
The Commission shall'';
(2) by designating the second sentence as paragraph (2) and
indenting the margin of such paragraph, as so designated, 2 ems
from the left margin;
(3) in paragraph (2), as so designated, by striking ``Any
test or'' and inserting ``Except as provided in paragraph (3),
any test or''; and
(4) by adding at the end the following:
``(3) In the case of a children's product, any test or
testing program on the basis of which a certificate is issued
under subsection (a)(2) shall be conducted by a nongovernmental
independent third party qualified to perform such tests or
testing programs.''.
(b) Definition of Children's Products and Independent Third
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at the end the
following:
``(d) Definitions.--In this section:
``(1) The term `children's product' means a toy or other
article intended for use by a child under 12 years of age that
is introduced into the interstate stream of commerce. In
determining whether a toy or article is intended for use by a
child under 12 years of age, the following factors shall be
considered:
``(A) A statement by a manufacturer about the
intended use of such toy or article, including a label
on such toy or article, if such statement is
reasonable.
``(B) The context and manner of the advertising,
promotion, and marketing associated with the toy or
article.
``(C) Whether the toy or article is commonly
recognized by consumers as being intended for use by a
child under 12 years of age.
``(D) The Age Determination Guidelines issued by
the Consumer Product Safety Commission in September
2002 and any subsequent version of such Guidelines.
``(2) The term `independent third party', with respect to a
testing entity, means an independent testing entity that is
physically separate from any manufacturer or private labeler
whose product will be tested by such entity, and is not owned,
managed, controlled, or directed by such manufacturer or
private labeler, and that is accredited in accordance with an
accreditation process established by the Commission.''.
SEC. 5. PRODUCT RECALL AUTHORITY, AND INSPECTION AUTHORITY.
(a) Commission Recall Authority.--Section 15 (15 U.S.C. 2064) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) On receiving notification under subsection (b) or by other
means, if the Commission determines that a consumer product contains a
defect which could create a substantial product hazard, the Commission
may order the manufacturer or any distributor or retailer of the
product to take any one or more of the following actions:
``(1) To cease distribution of the product.
``(2) To notify all persons that transport, store,
distribute, or otherwise handle the product, or to which the
product has been transported, sold, distributed, or otherwise
handled, to cease immediately distribution of the product.
``(3) To immediately provide notice to the public of the
product defect.
``(4) To notify appropriate State and local public health
officials.
``(5) To provide notice to all consumers to whom the
product was, or may have been, distributed.
``(6) To recall the product and take such further action
under subsection (d).'';
(2) in subsection (d), by striking ``An order under this
subsection may also require'' and inserting ``An order under
this subsection shall also require'';
(3) by amending subsection (f) to read as follows:
``(f)(1) The Commission shall provide a person subject to an order
under subsection (c) with an opportunity for an informal hearing (in
accordance with such rules or regulations as the Commission shall
prescribe) on--
``(A) the actions required by the order; and
``(B) any reasons why the product that is the subject of
the order should not be recalled or notice required under such
order should not be provided.
The Commission shall hold such hearing as soon as practicable, but not
later than 2 business days, after the date of issuance of the order
under subsection (c).
``(2) After providing an opportunity for an informal hearing under
this subsection, the Commission may, as the Commission determines to be
necessary, amend the order issued under subsection (c)--
``(A) to specify a timetable during which the recall shall
occur; or
``(B) to require periodic reports to the Commission
describing the progress of the recall.
``(3) If, after providing an opportunity for an informal hearing
under this subsection, the Commission determines that adequate grounds
do not exist to continue the actions required by the order, the
Commission shall vacate the order.''; and
(4) by adding at the end the following:
``(h) Remedies Not Exclusive.--The remedies authorized by this
section shall be in addition to any other remedies that may be
available.''.
(b) Retail Sale of Recalled Product Prohibited.--Section 19(a) (15
U.S.C. 2068(a)) is amended--
(1) in paragraph (7), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (9), by striking the period and inserting
a semicolon;
(4) in paragraph (10), by striking the period and inserting
``; or''; and
(5) by adding at the end the following:
``(11) to sell any consumer product at retail if such
person knows that such product is the subject of a recall order
issued by the manufacturer, the Commission, or a court.''.
(c) Authority of Commission To Inspect Retailers.--Section 16(a)(1)
(15 U.S.C. 2065(a)(1)) is amended--
(1) by inserting ``, retail store'' after ``warehouse'';
and
(2) by striking ``or held'' and inserting ``held, or
sold''.
(d) Tracking Labels for Children's Products.--Section 14 (15 U.S.C.
2063) is further amended by adding at the end thereof the following:
``(e) The manufacturer of a children's product or other consumer
product (as may be required by the Commission in its discretion after a
rulemaking proceeding) shall place distinguishing marks on the product
or its packaging that will enable the ultimate purchaser to ascertain
the source, date, and cohort (including the batch, run number, or other
identifying characteristic) of production of the product by reference
to those marks.''.
SEC. 6. CIVIL AND CRIMINAL PENALTIES.
(a) Civil Penalties.--
(1) Maximum penalty determined by the commission.--Section
20(a)(1) (15 U.S.C. 2069(a)(1)) is amended by striking ``,
except that the maximum civil penalty shall not exceed
$1,250,000 for any related series of violations.'' and
inserting ``. The maximum civil penalty for any related series
of violations shall be determined by the Commission taking into
consideration the factors described in subsection (b).''.
(2) Factors to be considered.--Section 20(b) (15 U.S.C.
2069(b)) is amended by inserting ``, among other factors,''
after ``shall consider''.
(b) Criminal Penalties.--Section 21 (15 U.S.C. 2070) is amended--
(1) in subsection (a), by striking ``after having received
notice of noncompliance from the Commission''; and
(2) in subsection (b), by striking ``and who has knowledge
of notice of noncompliance received by the corporation from the
Commission,''.
SEC. 7. EXPEDITED DISCLOSURE.
(a) Reduced Period of Notice to Manufacturers and Private Labelers
Prior to Public Disclosure.--Section 6(b) (15 U.S.C. 2055(b)) is
amended in the first sentence, by striking ``30 days'' and inserting
``10 days''.
(b) Website Notice Requirement.--Section 15 (15 U.S.C. 2064) is
further amended by adding at the end the following:
``(k) Website Notice.--Any person required to give public notice
under this section, or subject to an order issued under subsection (c)
or (d) shall post, in a prominent location on such person's Internet
website (if such person maintains an Internet website), a notice
regarding the product or product that is the subject of such an
order.''.
SEC. 8. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD.
(a) Banned Hazardous Substances.--Effective 6 months after the date
of enactment of this Act, any children's product containing more than
40 parts per million lead shall be a banned hazardous substance within
the meaning of section 2(q)(1) of the Federal Hazardous Substances Act
(15 U.S.C. 1261(q)(1)).
(b) Certain Electronic Devices.--If the Consumer Product Safety
Commission determines that it is not feasible for certain electronic
devices to comply with such regulations at the time the regulations
shall take effect, the Commission shall, by regulation--
(1) issue standards to reduce the exposure of and
accessibility to lead in such electronic devices; and
(2) establish a schedule by which such electronic devices
shall be in full compliance with the regulations prescribed
under subsection (a).
SEC. 9. CONSUMER PRODUCT REGISTRATION FORMS.
(a) Authority To Require.--Not later than 270 days after the date
of enactment of this Act, the Consumer Product Safety Commission shall,
pursuant to its authority under section 16(b) of the Consumer Product
Safety Act (15 U.S.C. 2065(b)), promulgate a consumer product safety
rule to require manufacturers of any children's product that is subject
to a consumer product safety standard or voluntary consumer product
safety standard--
(1) to provide consumers with a postage-paid consumer
registration form with each such product;
(2) to maintain a record of the names, addresses, e-mail
addresses, and other contact information of consumers who
register their ownership of such products with the manufacturer
in order to improve the effectiveness of manufacturer campaigns
to recall such products; and
(3) to permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture
on each such product.
The Commission may, by rule, extend the registration requirement under
this subsection to consumer products other than children's products
that are subject to a consumer product safety rule or voluntary
standard.
(b) Requirements for Registration Form.--For any case in which the
Commission requires product registration forms under subsection (a),
such forms shall--
(1) include spaces for a consumer to provide their name,
address, telephone number, and e-mail address;
(2) include space sufficiently large to permit easy,
legible recording of all desired information;
(3) be attached to the surface of each product so that, as
a practical matter, the consumer must notice and handle the
form after purchasing the product;
(4) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(5) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(6) include an option for consumers to register through the
Internet; and
(7) include a statement that information provided by the
consumer shall not be used for any purpose other than to
facilitate a recall of or safety alert regarding that product.
In issuing regulations under this section, the Commission may prescribe
the exact text and format of the required registration form.
(c) Record Keeping and Notification Requirements.--Any rule
promulgated under subsection (a) shall require each manufacturer to
maintain a record of registrants for each product manufactured that
includes all of the information provided by each consumer registered,
and to use such information to notify such consumers in the event of a
voluntary or involuntary recall of or safety alert regarding such
product. Each manufacturer shall maintain such a record for a period of
not less than 6 years after the date of manufacture of the product.
Consumer information collected by a manufacturer under this Act may not
be used by the manufacturer, nor disseminated by such manufacturer to
any other party, for any purpose other than notification to such
consumer in the event of a product recall or safety alert.
(d) Study.--The Commission shall conduct a study at such time as it
considers appropriate on the effectiveness of the consumer registration
forms in facilitating product recalls. Not later than 4 years after the
date of enactment of this Act, the Commission shall report its findings
to Congress.
SEC. 10. INTERNET ADVERTISING REQUIREMENT OF CERTAIN CHILDREN'S
PRODUCTS.
(a) Requirement.--Effective 3 months after the date of enactment of
this Act, any Internet advertisement for a children's product that is
required by a consumer product safety rule to carry a warning label
shall include such warning label in a clear and conspicuous location on
such Internet advertisement.
(b) Enforcement as Consumer Product Safety Rule.--A violation of
subsection (a) shall be treated as a violation of a consumer product
safety rule promulgated under section 7 of the Consumer Product Safety
Act (15 U.S.C. 2056).
SEC. 11. COMMISSION PROCEDURES.
(a) Repeal of Quorum Requirement for Commission Action.--Section
4(d) (15 U.S.C. 2053(d)) is amended by striking ``, but three'' and all
that follows through ``to decline to two'' and inserting ``if an action
by the Commission is necessary in the public interest and the
Commission transmits to Congress its reasons for such an action''.
(b) Notice of Rulemaking.--Section 9(a) (15 U.S.C. 2058(a)) is
amended by inserting ``or notice of proposed rulemaking'' after
``advanced notice of proposed rulemaking''.
(c) Sense of Congress Regarding Commission Vacancies.--It is the
sense of Congress that--
(1) in order for the Consumer Product Safety Commission to
function effectively and carry out the purposes for which the
Consumer Product Safety Act was enacted, it is necessary for
the full complement of 5 members of the Commission to serve and
participate in the business of the Commission; and
(2) the President should nominate members to fill any
vacancy in the membership of the Commission as expeditiously as
practicable.
SEC. 12. PREEMPTION.
Section 26 (15 U.S.C. 2075) is amended--
(1) in subsection (a), by striking ``Whenever'' and
inserting ``Except as provided in subsections (c) and (d),
whenever''; and
(2) by adding at the end thereof the following:
``(d) No consumer product safety standard promulgated by the
Commission after the date of enactment of the Safety Assurance for
Every Consumer Product Act, or any other action taken by the Commission
after that date, shall contain a preemption provision which affects any
action for damages or the liability of any person for damages under the
statutory law or the common law of any State, unless such provision is
expressly authorized by statute.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 32(a) (15 U.S.C. 2081(a)) is amended by striking paragraphs
(1) and (2) and inserting the following:
``(1) $75,600,000 for fiscal year 2008;
``(2) $87,950,000 for fiscal year 2009;
``(3) $100,300,000 for fiscal year 2010;
``(4) $112,650,000 for fiscal year 2011; and
``(5) $125,000,000 for fiscal year 2012.''.
SEC. 14. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act and
each year thereafter, the Consumer Product Safety Commission shall
transmit a report to Congress that contains the following:
(1) A description of actions taken by the Commission with
regard to consumer products not in conformity with consumer
product safety standards or voluntary standards recognized by
the Commission.
(2) A description of consumer products that were the
subject of a recall during the preceding year, including the
number and type of products.
(3) An analysis of the effectiveness of the efforts to
recall consumer products conducted by the Commission or by a
manufacturer during the preceding year, including the number of
products subject to the recall that were returned to the
manufacturer. | Safety Assurance For Every Consumer Product Act or the SAFE Consumer Product Act - Amends the Consumer Product Safety Act to require (in current law, authorize) the Consumer Product Safety Commission (CPSC) to prescribe consumer product testing programs. Requires nongovernmental, independent third party testing of children's products.
Increases the actions the CPSC may take in ordering recalls of products presenting substantial hazards. Makes recalled product retail sale unlawful.
Requires manufacturers to mark products or packaging to enable purchasers to determine the product's source, date, and production cohort.
Removes the cap on Consumer Product Safety Act civil penalties. Removes a requirement that criminal penalties may only be imposed after noncompliance notice.
Reduces the period after CPSC notification to manufacturers and private labelers before public disclosure of information obtained under the Act.
Requires any person who must give public notice of a substantial product hazard to post a notice on the Internet.
Declares any children's product containing more than a specified amount of lead to be a banned hazardous substance under the Federal Hazardous Substances Act, allowing a temporary exception for electronic devices.
Requires certain actions to facilitate recalls of children's products and authorizes the CPSC to extend the requirements to consumer products other than children's products.
Requires children's product's warning labels to be included in Internet advertisements.
Removes provisions requiring a minimum number of CPSC members to transact business.
Modifies rulemaking notice requirements.
Declares the sense of Congress that the full complement of five CPSC members is necessary to conduct CPSC business and the President should fill vacancies expeditiously.
Prohibits any consumer product safety standard or other CPSC action after enactment of this Act from containing a preemption provision which affects any action under state statutory or common law unless the provision is expressly authorized by statute. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; AMENDMENTS TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Family Tax Relief
Act of 2009''.
(b) Amendments to 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EXPANSION OF DEPENDENT CARE CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
(relating to refundable credits) is amended by inserting after section
36A the following new section:
``SEC. 36B. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES
NECESSARY FOR GAINFUL EMPLOYMENT.
``(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 subtitle
for the taxable year an amount equal to the applicable
percentage of the employment-related 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 50
percent reduced (but not below 20 percent) by 1 percentage
point for each $1,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$30,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer (as defined in
section 152(a)(1)) who has not attained age 13,
``(B) a dependent of the taxpayer (as defined in
section 152, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B)) who is physically or
mentally incapable of caring for himself or herself and
who has the same principal place of abode as the
taxpayer for more than one-half of such taxable year,
or
``(C) the spouse of the taxpayer, if the spouse is
physically or mentally incapable of caring for himself
or herself and has the same principal place of abode as
the taxpayer for more than one-half of such taxable
year.
``(2) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) Expenses for household services.
``(ii) Expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), 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.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $5,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $10,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the employment-related expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed--
``(A) in the case of an individual who is not
married at the close of such year, such individual's
earned income for such year, or
``(B) in the case of an individual who is married
at the close of such year, the lesser of such
individual's earned income or the earned income of his
spouse for such year.
``(2) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualifying individual described in subsection
(b)(1)(C), for purposes of paragraph (1), such spouse shall be
deemed for each month during which such spouse is a full-time
student at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned income
of not less than--
``(A) $415 if subsection (c)(1) applies for the
taxable year, or
``(B) $830 if subsection (c)(2) applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode as the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) section 152(e) applies to any child with
respect to any calendar year, and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
described in subparagraph (A) or (B) of subsection (b)(1)
(whichever is appropriate) with respect to the custodial parent
(as defined in section 152(e)(3)(A)), and shall not be treated
as a qualifying individual with respect to the noncustodial
parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer 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.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) 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.
``(10) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Adjustment for Inflation.--In the case of any taxable year
beginning after December 31, 2009, the $30,000 amount under subsection
(a)(2) and each of the dollar amounts under subsection (c) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins by substituting `2008' for `1992' in subparagraph (B)
thereof.
If the dollar amount as adjusted under the preceding sentence is not a
multiple of $10, such amount shall be rounded to the nearest multiple
of $10.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Subpart A of part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by striking
section 21.
(2) Section 23(f)(1) (relating to filing requirements) is
amended by striking ``section 21(e)'' and inserting ``section
36B(e)''.
(3) Section 35(g)(6) (relating to marital status) is
amended by striking ``section 21(e)'' and inserting ``section
36B(e)''.
(4) Section 129(a)(2) (relating to limitation of exclusion)
is amended by striking ``section 21(e)'' and inserting
``section 36B(e)''.
(5) Section 129(b)(2) (relating to special rule for certain
spouses) is amended by striking ``section 21(d)(2)'' and
inserting ``section 36B(d)(2)''.
(6) Section 129(e)(1) (relating to dependent care
assistance) is amended by striking ``section 21(b)(2)'' and
inserting ``section 36B(b)(2)''.
(7) Section 213(e) (relating to exclusion of amounts
allowed for care of certain dependents) is amended by striking
``section 21'' and inserting ``section 36B''.
(8) Section 6213(g)(2) (relating to mathematical or
clerical error) is amended--
(A) by striking ``section 21'' in subparagraph (H)
and inserting ``section 36B'', and
(B) by striking ``section 21, 24, or 32'' in
subparagraph (L) and inserting ``section 24, 32, or
36B''.
(c) Clerical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36A
the following new item:
``Sec. 36B. Expenses for household and dependent care services
necessary for gainful employment.''.
(2) 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 striking the item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. RULES RELATING TO EMPLOYER-PROVIDED DEPENDENT CARE BENEFITS.
(a) Exclusion Limit.--
(1) In general.--Section 129(a)(2) (relating to limitation
on exclusion) is amended--
(A) by striking ``$5,000'' and inserting ``the
applicable dollar limit'', and
(B) by striking ``$2,500'' and inserting ``one-half
of such limit''.
(2) Applicable dollar limit.--Section 129(a) is amended by
adding at the end the following new paragraph:
``(3) Applicable dollar limit.--For purposes of this
subsection--
``(A) In general.--The applicable dollar limit is
$7,500 ($10,000 if dependent care assistance is
provided under the program to 2 or more qualifying
individuals of the employee).
``(B) Cost-of-living adjustments.--In the case of
taxable years beginning after 2009, each dollar amount
under subparagraph (A) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `2008' for `1992' in
subparagraph (B) thereof.
If any dollar amount as increased under this clause is
not a multiple of $100, such dollar amount shall be
rounded to the next lowest multiple of $100.''.
(b) Average Benefits Test.--
(1) In general.--Section 129(d)(8)(A) (relating to
benefits) is amended--
(A) by striking ``55 percent'' and inserting ``60
percent'', and
(B) by striking ``highly compensated employees''
the second place it appears and inserting ``employees
receiving benefits''.
(2) Salary reduction agreements.--Section 129(d)(8)(B)
(relating to salary reduction agreements) is amended--
(A) by striking ``$25,000'' and inserting
``$30,000'', and
(B) by adding at the end the following: ``In the
case of years beginning after 2009, the $30,000 amount
in the first sentence shall be adjusted at the same
time, and in the same manner, as the applicable dollar
amount is adjusted under subsection (a)(3)(B).''.
(c) Principal Shareholders or Owners.--Section 129(d)(4) (relating
to principal shareholders and owners) is amended by adding at the end
the following: ``In the case of any failure to meet the requirements of
this paragraph for any year, amounts shall only be required by reason
of the failure to be included in gross income of the shareholders or
owners who are members of the class described in the preceding
sentence.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Family Tax Relief Act of 2009 - Amends the Internal Revenue Code to: (1) allow an additional refundable tax credit for expenses for household and dependent care services necessary for gainful employment; and (2) increase the dollar limitation on the tax exclusion for employed-provided dependent care assistance payments. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inter-Affiliate Swap Clarification
Act''.
SEC. 2. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) Commodity Exchange Act Amendments.--
(1) Treatment of affiliate transactions.--Section 1a(47) of
the Commodity Exchange Act (7 U.S.C. 1a(47)), as added by
section 721(a)(21) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended by adding at the end the
following:
``(G) Treatment of affiliate transactions.--
``(i) In general.--For the purposes of any
clearing and execution requirements under
section 2(h) and any applicable margin and
capital requirements of section 4s(e) and for
purposes of defining `swap dealer' or `major
swap participant', and reporting requirements
other than those set forth in clause (ii), the
term `swap' does not include any agreement,
contract, or transaction that--
``(I) would otherwise be included
as a `swap' under subparagraph (A); and
``(II) is entered into by parties,
neither of which is a `swap dealer'
that is an insured depository
institution or a `major swap
participant' that is an insured
depository institution, that report
information or prepare financial
statements on a consolidated basis, or
for which a company affiliated with
both parties reports information or
prepares financial statements on a
consolidated basis.
``(ii) Reporting.--All agreements,
contracts, or transactions described in clause
(i) shall be reported to either a swap data
repository, or, if there is no swap data
repository that would accept such agreements,
contracts, or transactions, to the Commission
pursuant to section 4r, or to a swap data
repository or to the Commission pursuant to
section 2(h)(5), within such time period as the
Commission may by rule or regulation prescribe.
Nothing in this subparagraph shall prohibit the
Commission from establishing public reporting
requirements for covered transactions between
affiliates as described in sections 23A and 23B
of the Federal Reserve Act in a manner
consistent with rules governing the treatment
of such covered transactions pursuant to
section 2(a)(13) of this Act.
``(iii) Protection of insurance funds.--
Nothing in this subparagraph shall be construed
to prevent the regulator of a Federal or State
insurance fund or guaranty fund from exercising
its other existing authority to protect the
integrity of such a fund, except that such
regulator shall not subject agreements,
contracts, or transactions described in clause
(i) to clearing and execution requirements
under section 2 of this Act, to any applicable
margin and capital requirements of section
4s(e) of this Act, or to reporting requirements
of title VII of Public Law 111-203 other than
those set forth in clause (ii) of this
subparagraph.
``(iv) Preservation of federal reserve act
authority.--Nothing in this subparagraph shall
exempt a transaction described in this
subparagraph from sections 23A or 23B of the
Federal Reserve Act or implementing regulations
thereunder.
``(v) Preservation of federal and state
regulatory authorities.--Nothing in this
subparagraph shall affect the Federal banking
agencies' safety-and-soundness authorities over
banks established in law other than title VII
of Public Law 111-203 or the authorities of
State insurance regulators over insurers,
including the authority to impose capital
requirements with regard to swaps. For purposes
of this clause, the term `bank' shall be
defined pursuant to section 3(a)(6) of the
Securities Exchange Act of 1934, `insurer'
shall be defined pursuant to title V of Public
Law 111-203, and `swap' shall be defined
pursuant to title VII of Public Law 111-203.
``(vi) Prevention of evasion.--The
Commission may prescribe rules under this
subparagraph (and issue interpretations of such
rules) as determined by the Commission to be
necessary to include in the definition of swaps
under this paragraph any agreement, contract,
or transaction that has been structured to
evade the requirements of this Act applicable
to swaps.''.
(2) Treatment of affiliates.--Section 2(h)(7)(D)(i) of the
Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)(i)), as added by
section 723(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended to read as follows:
``(i) In general.--An affiliate of a person
that qualifies for an exception under
subparagraph (A) (including affiliate entities
predominantly engaged in providing financing
for the purchase of the merchandise or
manufactured goods of the person) may qualify
for the exception only if the affiliate enters
into the swap to hedge or mitigate the
commercial risk of the person or other
affiliate of the person that is not a financial
entity.''.
(b) Securities Exchange Act of 1934 Amendments.--
(1) Treatment of affiliate transactions.--Section 3(a)(68)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)),
as added by section 761(a)(6) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, is amended by adding at the
end the following:
``(F) Treatment of affiliate transactions.--
``(i) In general.--For the purposes of any
clearing and execution requirements under
section 3C and any applicable margin and
capital requirements of section 15F(e), and for
purposes of defining `security-based swap
dealer' or a `major security-based swap
participant', and reporting requirements other
than those set forth in clause (ii), the term
`security-based swap' does not include any
agreement, contract, or transaction that--
``(I) would otherwise be included
as a `security-based swap' under
subparagraph (A); and
``(II) is entered into by parties,
neither of which is a `security-based
swap dealer' that is an insured
depository institution or a `major
security-based swap participant' that
is an insured depository institution,
that report information or prepare
financial statements on a consolidated
basis, or for which a company
affiliated with both parties reports
information or prepares financial
statements on a consolidated basis.
``(ii) Reporting.--All agreements,
contracts, or transactions described in clause
(i) shall be reported to either a security-
based swap data repository, or, if there is no
security-based swap data repository that would
accept such agreements, contracts, or
transactions, to the Commission pursuant to
section 13A, within such time period as the
Commission may by rule or regulation prescribe.
``(iii) Preservation of federal reserve act
authority.--Nothing in this subparagraph shall
exempt a transaction described in this
subparagraph from sections 23A or 23B of the
Federal Reserve Act or implementing regulations
thereunder.
``(iv) Protection of insurance funds.--
Nothing in this subparagraph shall be construed
to prevent the regulator of a Federal or State
insurance fund or guaranty fund from exercising
its other existing authority to protect the
integrity of such a fund, except that such
regulator shall not subject security-based swap
transactions between affiliated companies to
clearing and execution requirements under
section 3C, to any applicable margin and
capital requirements of section 15F(e), or to
reporting requirements of title VII of Public
Law 111-203 other than those set forth in
clause (ii).
``(v) Preservation of federal and state
regulatory authorities.--Nothing in this
subparagraph shall affect the Federal banking
agencies' safety-and-soundness authorities over
banks established in law other than title VII
of Public Law 111-203 or the authorities of
State insurance regulators over insurers,
including the authority to impose capital
requirements with regard to security-based
swaps. For purposes of this clause, the term
`bank' shall be defined pursuant to section
3(a)(6) of the Securities Exchange Act of 1934,
`insurer' shall be defined pursuant to title V
of Public Law 111-203, and `security-based
swap' shall be defined pursuant to title VII of
Public Law 111-203.
``(vi) Prevention of evasion.--The
Commission may prescribe rules under this
subparagraph (and issue interpretations of such
rules) as determined by the Commission to be
necessary to include in the definition of
security-based swap under this paragraph any
agreement, contract, or transaction that has
been structured to evade the requirements of
this Act applicable to security-based swaps.''.
(2) Treatment of affiliates.--Section 3C(g)(4)(A) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)(A)), as
added by section 763(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act, is amended to read as follows:
``(i) In general.--An affiliate of a person
that qualifies for an exception under this
subsection (including affiliate entities
predominantly engaged in providing financing
for the purchase of the merchandise or
manufactured goods of the person) may qualify
for the exception only if the affiliate enters
into the security-based swap to hedge or
mitigate the commercial risk of the person or
other affiliate of the person that is not a
financial entity.''. | Inter-Affiliate Swap Clarification Act - Amends the Commodity Exchange Act and the Securities Exchange Act of 1934, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, to exempt from certain regulatory requirements any swaps and security-based swaps entered into by parties neither of which is a swap dealer or a major swap participant: (1) that is also an insured depository institution, (2) that reports information or prepares financial statements on a consolidated basis, or (3) for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. Requires that such exempted agreements, contracts, or transactions be reported to an appropriate data repository, or, if there is no such repository that would accept them, to: (1) the Commodity Futures Trading Commission (CFTC) in the case of exempted swaps, or (2) the Securities and Exchange Commission (SEC) in the case of exempted security-based swaps. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post-Abortion Support and Services
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) About 3,000,000 women per year in the United States
have an unplanned or unwanted pregnancy, and approximately
1,186,000 of these pregnancies end in elective abortion.
(2) Abortion can have severe and long-term effects on the
mental and emotional well-being of women. Women often
experience sadness and guilt following abortions with no one to
console them. They may have difficulty in bonding with new
babies, become overprotective parents, or develop problems in
their relationships with their spouses. Problems such as eating
disorders, depression, and suicide attempts have also been
traced to past abortions.
(3) Negative emotional reactions associated with abortion
include, depression, bouts of crying, guilt, intense grief or
sadness, emotional numbness, eating disorders, drug and alcohol
abuse, suicidal urges, anxiety and panic attacks, anger, rage,
sexual problems or promiscuity, lowered self esteem, nightmares
and sleep disturbances, flashbacks, and difficulty with
relationships.
(4) Women who aborted a first pregnancy are four times more
likely to report substance abuse compared to those who suffered
a natural loss of their first pregnancy, and are five times
more likely to report subsequent substance abuse than women who
carried to term.
(5) Research shows that the more women attempt to cope with
abortion using means of avoidance, mental disengagement, or
denial, the more likely the women are to report post-abortion
distress, intrusive thoughts, and dissatisfaction.
(6) Women who experience a lack of social support and
strong feelings of ambivalence are statistically more likely to
suffer severe negative emotional reactions to an abortion.
(7) Depression and other maladjustments to abortion can be
prolonged by the failure of the medical community, loved ones,
and society to recognize the complexity of post-abortion
reactions.
(8) Many women submit to an abortion in violation of their
own moral beliefs or maternal desires in order to satisfy the
demands of others.
(9) Women who submit to an abortion because of social
pressure are more likely to suffer from psychological distress
in subsequent years.
(10) Post-abortion depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary, hospitalization.
(11) While there have been many studies regarding the
emotional aftermath of abortion, very little research has been
sponsored by the National Institutes of Health.
TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF THE NATIONAL
INSTITUTE OF MENTAL HEALTH.
(a) In General.--
(1) Post-abortion conditions.--The Secretary of Health and
Human Services, acting through the Director of NIH and the
Director of the National Institute of Mental Health (in this
section referred to as the ``Institute''), shall expand and
intensify research and related activities of the Institute with
respect to post-abortion depression and post-abortion psychosis
(in this section referred to as ``post-abortion conditions'').
(2) Additional conditions.--In addition to the post-
abortion conditions under paragraph (1), the Secretary of
Health and Human Services, acting through the Director of the
National Institutes of Health, shall expand and intensify
research and related activities of the National Institutes of
Health with respect to the physical side effects of having an
abortion, including infertility, excessive bleeding, cervical
tearing, infection, and death.
(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Directors under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to post-abortion conditions.
(c) Programs for Post-Abortion Conditions.--In carrying out
subsection (a), the Director of the Institute shall conduct or support
research to expand the understanding of the causes of, and to find a
cure for, post-abortion conditions. Activities under such subsection
shall include conducting and supporting the following:
(1) Basic research concerning the etiology of the
conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved diagnostic techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
(d) Longitudinal Study.--
(1) In general.--The Director of the Institute shall
conduct a national longitudinal study to determine the
incidence and prevalence of cases of post-abortion conditions,
and the symptoms, severity, and duration of such cases, toward
the goal of more fully identifying the characteristics of such
cases and developing diagnostic techniques.
(2) Report.--Beginning not later than 3 years after the
date of the enactment of this Act, and periodically thereafter
for the duration of the study under paragraph (1), the Director
of the Institute shall prepare and submit to the Congress
reports on the findings of the study.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $3,000,000 for
each of the fiscal years 2002 through 2006.
TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') shall, in accordance with
this title, make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with post-abortion
depression or post-abortion psychosis (referred to in this section as a
``post-abortion condition'') and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity--
(1) is a public or nonprofit private entity that may
include a State or local government, a public or nonprofit
private hospital, a community-based organization, a hospice, an
ambulatory care facility, a community health center, a migrant
health center, a homeless health center, or another appropriate
public or nonprofit private entity; and
(2) had experience in providing the services described in
subsection (a) before the date of the enactment of this Act.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of post-abortion conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for post-abortion conditions, and delivering or
enhancing support services for their families.
(2) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, day or respite care, and providing
counseling on financial assistance and insurance) for
individuals with post-abortion conditions and support services
for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
(e) Limitation on Amount of Grants.--A grant under subsection (a)
for any fiscal year may not be made in an amount exceeding $100,000.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of post-
abortion conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there is authorized to
be appropriated $300,000 for each of fiscal years 2002 through 2006. | Post-Abortion Support and Services Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (Institute), to expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis. Requires the Director of NIH to also address the physical side effects of having an abortion, including infertility, excessive bleeding, cervical tearing, infection, and death.Requires the Director of the Institute to: (1) coordinate NIH activities related to post-abortion conditions; (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions; and (3) conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques.Requires the Secretary to make grants of up to $100,000 per fiscal year to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Sanctions Enforcement
Act of 1993''.
SEC. 2. IMPOSITION OF SANCTIONS.
(a) Determination by the President.--
(1) In general.--If the President determines that a foreign
person, on or after the date of the enactment of this section,
has knowingly violated United Nations Security Council
Resolution 748 imposing sanctions against Libya, he is
authorized to impose the sanctions described in subsection (c).
(2) Persons against which sanctions are to be imposed.--
Sanctions may be imposed pursuant to paragraph (1) on--
(A) the foreign person with respect to which the
President makes the determination described in that
paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent,
subsidiary, or co-venture of that person if that
parent, subsidiary, or co-venture knowingly and
materially assisted in the activities which were the
basis of that determination; and
(D) any foreign person that is an affiliate of that
person if that affiliate knowingly and materially
assisted in the activities which were the basis of that
determination and if that affiliate is controlled in
fact by that foreign person.
(3) Other sanctions available.--The sanctions which may be
imposed for activities described in this subsection are in
addition to any other sanction which may be imposed for the
same activities under any other provision of law.
(b) Consultation With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes a determination
described in subsection (a)(1) with respect to a foreign
person, the Congress urges the President to initiate
consultations immediately with the government with primary
jurisdiction over that foreign person with respect to the
imposition of sanctions pursuant to this section.
(2) Actions by government of jurisdiction.--In order to
pursue such consultations with that government, the President
may delay imposition of a sanction pursuant to this section for
up to 90 days. Following these consultations, the President
shall impose a sanction unless the President determines and
certifies to the Congress that that government has taken
specific and effective actions, including appropriate
penalties, to terminate the involvement of the foreign person
in the activities described in subsection (a)(1). The President
may delay the imposition of a sanction for up to an additional
90 days if the President determines and certifies to the
Congress that that government is in the process of taking the
actions described in the previous sentence.
(3) Report to congress.--Not later than 90 days after
making a determination under subsection (a)(1), the President
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the status of consultations with
the appropriate government under this subsection, and the basis
for any determination under paragraph (2) of this subsection
that such government has taken specific corrective actions.
(c) Sanctions.--The sanctions to be imposed pursuant to subsection
(a)(1) are, except as provided in subsection (d), that no United States
person shall, either directly or indirectly, procure, import, sell,
export, or otherwise provide or enter into any contract to procure,
import, sell, export, or otherwise provide any goods, technology, or
services to or from any person described in subsection (a)(2).
(d) Exceptions.--(1) The sanctions of subsection (c) shall not
apply--
(A) in the case of procurement by the United States
Government of vital defense articles or defense services which
cannot readily and reasonably be acquired in sufficient
quantities from other nonsanctioned foreign persons and which
are essential to satisfy current United States operational
military needs; or
(B) with respect to medical or other humanitarian items.
(2) Whenever the President makes a determination under this
subsection to exempt certain goods, technology, or services from the
sanctions of subsection (c), the President shall submit a report to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate stating the reasons for such exemption.
(e) Termination of Sanctions.--Sanctions imposed pursuant to this
section shall apply for a period of at least 12 months following the
imposition of the sanctions and shall cease to apply thereafter only if
the President determines and certifies to the Congress that--
(1) reliable information indicates that the foreign person
with respect to which the determination was made under
subsection (a)(1) has ceased to violate United Nations Security
Council Resolution 748 with respect to Libya; and
(2) the President has received reliable assurances from the
foreign person that such person will not, in the future,
violate United Nations Security Council Resolution 748 with
respect to Libya.
(f) Waiver.--
(1) Criterion for waiver.--The President may waive the
application of any sanction imposed on any person pursuant to
this section, after the end of the 12-month period beginning on
the date on which that sanction was imposed on that person, if
the President determines and certifies to the Congress that the
continued imposition of the sanction would have a serious
adverse effect on vital United States interests.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority provided in
paragraph (1), the President shall so notify the Congress not
less than 20 days before the waiver takes effect. Such
notification shall include a report fully articulating the
rationale and circumstances which led the President to exercise
the waiver authority.
(g) Administration and Enforcement.--(1) The President may delegate
his authority under this section to the Secretary of the Treasury.
(2) Consistent with the provisions of this section, the authorities
of the International Emergency Economic Powers Act which relate to the
administration and enforcement of that Act shall apply to the
administration and enforcement of sanctions imposed under this section.
(3) Section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705), relating to civil and criminal penalties, shall apply
to violations of sanctions imposed under this section to the same
extent and in the same manner as such penalties apply to violations of
licenses, orders, or regulations under that Act.
(h) Definitions.--For the purposes of this section--
(1) the term ``foreign person'' includes--
(A) any individual who is neither a citizen of the
United States nor an alien lawfully admitted for
permanent residence to the United States;
(B) any corporation, partnership, association,
organization or other entity which is created or
organized under the laws of a foreign country or which
has its principal place of business outside the United
States; or
(C) any agency or instrumentality of a foreign
government; and
(2) the term ``United States person'' means--
(A) any United States citizen or permanent resident
alien;
(B) juridical person organized under the laws of
the United States or any jurisdiction within the United
States, including any foreign branch;
(C) any person in the United States; or
(D) the United States Government or any agency or
instrumentality thereof.
SEC. 3. PROTECTION OF PARTICIPANTS IN THE REWARDS PROGRAM.
Subsection 36(e) of the State Department Basic Authorities Act (22
U.S.C. 2708) is amended by inserting ``(1)'' immediately following
``(e)'' and adding the following new paragraph:
``(2)(A) Whenever the information which would justify a reward
under subsection (a) is furnished by an alien and the Secretary of
State and the Attorney General jointly determine that the protection of
such alien or the alien's immediate family requires the admission of
such alien or aliens to the United States, then such alien, and the
alien's immediate relatives, if necessary, may be issued visas and
admitted to the United States for permanent residence, without regard
to the requirements of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
``(B) The total number of aliens admitted to the United States
under subparagraph (A) shall not exceed 25 in any one fiscal year.
``(C) For purposes of this paragraph, the term `immediate relative'
has the same meaning given to such term in section 201(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)).''.
SEC. 4. INCREASE IN CRIMINAL PENALTIES FOR THE MISUSE OF PASSPORTS.
Section 1544 of title 18, United States Code, is amended--
(1) by striking ``$2,000'' and inserting in lieu thereof
``$50,000''; and
(2) by striking ``five years'' and inserting in lieu
thereof ``ten years''.
SEC. 5. SANCTION ON FOREIGN AIR TRANSPORTATION.
(a) Determination.--Whenever the President determines that a
country is not complying with United Nations Security Council
Resolution 748 with respect to Libya, he shall so certify to the
Congress.
(b) Notification of Foreign Government.--(1) The President is
authorized to notify the government of a country with respect to which
the President has made a determination pursuant to subsection (a) of
his intention to suspend the authority of foreign air carriers owned or
controlled by the government of that country to engage in foreign air
transportation to or from the United States.
(2) Within 10 days after the date of notification of a government
under paragraph (1), the Secretary of Transportation shall take all
steps necessary to suspend at the earliest possible date the authority
of any foreign air carrier owned or controlled, directly or indirectly,
by that government to engage in foreign air transportation to or from
the United States, notwithstanding any agreement relating to air
services.
(c) Termination of Air Service Agreements.--(1) The President may
direct the Secretary of State to terminate any air service agreement
between the United States and a country with respect to which the
President has made a determination pursuant to subsection (a), in
accordance with the provisions of that agreement.
(2) Upon termination of an agreement under this subsection, the
Secretary of Transportation shall take such steps as may be necessary
to revoke at the earliest possible date the right of any foreign air
carrier owned, or controlled, directly or indirectly, by the government
of that country to engage in foreign air transportation to or from the
United States.
(d) Exceptions.--The Secretary of Transportation may provide for
such exceptions from subsections (b) and (c) as the Secretary considers
necessary to provide for emergencies in which the safety of an aircraft
or its crew or passengers is threatened.
(e) Definitions.--For purposes of this section, the terms ``air
transportation'', ``air carrier'', ``foreign air carrier'', and
``foreign air transportation'' have the meanings such terms have under
section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301).
SEC. 6. LIMITATION ON TRANSFERS OF INFORMATIONAL MATERIALS.
(a) Amendment to the International Emergency Economic Powers Act.--
Section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)) is amended by inserting before the period at the
end thereof the following: ``, except that informational materials do
not include materials containing technical or commercial data of value
to the economy of a foreign country whose transactions are otherwise
regulated or prohibited under this section''.
(b) Amendment to the Trading With the Enemy Act.--Section 5(b)(4)
of the Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)) is amended
by inserting before the period at the end thereof the following: ``,
except that informational materials do not include materials containing
technical or commercial data of value to the economy of a foreign
country whose transactions are otherwise regulated or prohibited under
this section''.
SEC. 7. INCREASE IN CIVIL PENALTIES.
Section 206(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1705(a)) is amended by striking out ``$10,000'' and
inserting in lieu thereof ``$100,000''.
SEC. 8. STATEMENT OF CONSTRUCTION.
Nothing in this Act restricts or limits any authority contained in
or actions taken pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706), the Trading With the Enemy Act (50
U.S.C. App. 5(b)), or any other authority under which economic
sanctions have been or may be imposed and enforced. | International Sanctions Enforcement Act of 1993 - Authorizes the President to prohibit U.S. persons from procuring, importing, selling, or exporting goods or services to or from any foreign person who has knowingly violated United Nations Security Council Resolution 748 imposing sanctions against Libya.
Urges the President to initiate consultations with foreign governments with jurisdiction over such persons with respect to the imposition of sanctions. Requires the President to impose the sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities.
Exempts the procurement of vital defense articles by the U.S. Government and medical or other humanitarian items from sanctions under this Act.
Aplies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, violate the Resolution. Permits the President to waive sanctions after such period if he certifies to the Congress that continued imposition would have a serious adverse effect on U.S. interests.
Applies enforcement authorities and penalty provisions of the International Emergency Economic Powers Act to sanctions and violations under this Act.
Amends the State Department Basic Authorities Act to authorize the issuance of residence visas for protection purposes to up to 25 aliens (per fiscal year) who furnish information concerning acts of international terrorism against U.S. persons or property.
Increases criminal penalties for the misuse of passports.
Directs the President to certify to the Congress whenever he determines that a country is not complying with the Resolution. Suspends service of such countries' air carriers to or from the United States and authorizes the revocation of their rights to engage in air transportation to or from the United States.
Amends the International Emergency Economic Powers Act to regulate or prohibit the importation or exportation of informational materials containing technical or commercial data of value to the economy of a foreign country whose transactions are otherwise regulated or prohibited. Increases the amount of civil penalties authorized for violations of such Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Family Farm Dairy Equity
Act of 2001''.
SEC. 2. DIRECT PAYMENTS TO DAIRY PRODUCERS BASED ON ANNUAL MILK
MARKETINGS.
(a) Payments Required.--The Secretary of Agriculture shall make
payments under this section to qualified producers on a farm for milk
produced in the United States and marketed by the producers for
commercial use.
(b) Amount of Payment.--Subject to the production limitations in
subsection (c), the total amount paid to producers on a farm under this
section for a calendar year shall be equal to $0.50 per hundredweight
on the smaller of--
(1) the producers' total milk production during that
calendar year; and
(2) 2,600,000 pounds.
(c) Production Agreement.--To be eligible to receive a payment
under this section, the producers on a farm shall enter into an
agreement with the Secretary to limit total milk marketings from the
farm during the calendar year to not more than the sum of--
(1) the base milk production history for the farm, as
determined under subsection (d); and
(2) the demand adjustment factor for the farm, as
determined under subsection (e).
(d) Base Production History.--
(1) Determination.--The base milk production history for a
farm for a calendar year shall be equal to the average annual
quantity of milk produced and marketed from the farm for
commercial use, determined using the production and marketing
records for the previous two calendar years. After the first
year in which payments are made under this section to producers
on a farm, the base production history for the farm for each
subsequent year shall be adjusted by the percentage change in
the demand adjustment factor for the previous year.
(2) New producers.--In the case of a farm that does not
have a production history for the previous two calendar years,
the Secretary shall establish an appropriate production base
for the farm based on the size of the dairy operation.
(e) Demand Adjustment Factor.--The demand adjustment factor
applicable to a farm for a calendar year is the amount equal to the
product of--
(1) the base production history in effect for the farm; and
(2) the percentage change in the estimated United States
consumption of milk and dairy products on a per-capita basis
and the percentage change in the population of the United
States during the previous calendar year, as determined by the
Secretary.
(f) Repayment.--If the Secretary determines that annual milk
marketings on a farm exceed the quantity permitted for the farm under
the agreement entered into under subsection (c), the Secretary shall
require the producers on the farm to repay all payments made under this
section to the producers for that calendar year. The amount repaid
shall include interest calculated at the rate equal, to the extent
practicable, to the cost to the Commodity Credit Corporation of
borrowings from the United States Treasury for the relevant time
period.
(g) Relation to Other Payment Authority.--Payments under this
section for a calendar year do not count toward the $50,000 per farm
limitation in section 3(d)(1).
(h) Time for Payments.--Payments required under this section shall
be made on a quarterly basis during the calendar year.
SEC. 3. ADDITIONAL PAYMENTS TO DAIRY PRODUCERS TO OFFSET LOW MILK
PRICES.
(a) Definitions.--In this section:
(1) Average milk price.--The term ``average milk price''
means the average price under the Federal milk marketing orders
of Class III milk (or milk used to produce cheese) and Class IV
milk (or milk used to produce butter and nonfat dry milk) for
the preceding three-month period.
(2) Class i milk.--The term ``Class I milk'' means milk
classified as Class I milk under a Federal milk marketing
order.
(3) Class ii milk.--The term ``Class II milk'' means milk
classified as Class II milk under a Federal milk marketing
order.
(4) Class iii milk.--The term ``Class III milk'' means milk
classified as Class III milk under a Federal milk marketing
order.
(5) Class iv milk.--The term ``Class IV milk'' means milk
classified as Class IV milk under a Federal milk marketing
order.
(6) Federal milk marketing order.--The term ``Federal milk
marketing order'' means a milk marketing order issued under
section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Target price.--The term ``target price'' means $12.50
per hundredweight for milk containing 3.50 percent butterfat.
(b) Payments Required.--The Secretary shall make a payment under
this section to producers on a farm for any month in which the average
milk price applicable to that month is less than the target price.
Producers shall be eligible for payments regardless of whether they
market their milk within the Federal milk marketing order system.
Payments for producers operating outside the Federal order system shall
be calculated to be equivalent to payments for producers operating
within the Federal order system.
(c) Amount of Payment.--Subject to subsection (d), the amount of
the payment to be made to producers on a farm under subsection (b) for
a month shall be equal to the following:
(1) The difference between the target price and the average
Class III milk price multiplied by the percentage of milk used
as Class III milk of the total amount of milk marketed by the
producer, as determined by the Secretary.
(2) The difference between the target price and the average
Class IV milk price multiplied by the percentage of milk used
as Class IV milk of the total amount of milk marketed by the
producer, as determined by the Secretary.
(3) The difference between the target price and the average
Class I milk price multiplied by the percentage of milk used as
Class I milk of the total amount of milk marketed by the
producer, as determined by the Secretary.
(4) The difference between the target price and the average
Class II milk price multiplied by the percentage of milk used
as Class II milk of the total amount of milk marketed by the
producer, as determined by the Secretary.
(d) Limitations.--
(1) Payment limitation.--Maximum payments under this
section for a calendar year may not exceed $50,000 per farm.
(2) Quantity limitation.--The producers on a farm shall be
eligible for payments under this section for a month for not
more than the smaller of the following:
(A) The producers' average monthly production,
determined using the production during the previous
calendar year and the current calendar year.
(B) 216,666 pounds produced monthly.
(C) Some other production base for the farm
considered appropriate by the Secretary.
(3) New producers.--In the case of producers on a farm who
do not have a production base for the previous calendar year,
the quantity limitation otherwise applicable under paragraph
(2)(A) shall be based on current monthly production only.
(e) Time for Payments.--Payments required under this section for a
month shall be made not later than the 21st day after the end of the
month.
SEC. 4. GENERAL PROVISIONS.
(a) Farm Reconstitution.--The Secretary shall carry out this Act in
such a manner that there are no additional outlays under section 2 or 3
as a result of the reconstitution of a farm that the Secretary
determines occurred in whole or in part for the purpose of increasing
the amounts received as payments under such section.
(b) Administration; Funding Source.--The Secretary shall carry out
this Act using the funds, facilities, and authorities of the Commodity
Credit Corporation.
(c) Period of Effectiveness.--This Act shall be effective only
during the period beginning on January 1, 2002, and ending on December
31, 2006.
(d) Comptroller General Report.--Not later than three years after
the date of the enactment of this Act, the Comptroller General shall
submit to Congress a report that analyzes the effect of the operation
of this Act on farm income, milk production levels, milk prices, and
Government and consumer costs. | National Family Farm Dairy Equity Act of 2001 - Directs the Secretary of Agriculture to make direct payments to milk producers: (1) who agree to make specified milk marketing reductions: and (2) whenever the (three-month) average milk price for a given month is less than a specified target price. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear-
Yard Stop Illegal Trafficking in Firearms Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Anti-straw purchasing and firearms trafficking amendments.
Sec. 4. Amendments to section 922(d).
Sec. 5. Amendments to section 924(a).
Sec. 6. Amendments to section 924(h).
Sec. 7. Amendments to section 924(k).
SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `purchases' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the
payment or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, licensed collector, or licensed
dealer) to knowingly purchase, or attempt or conspire to purchase, any
firearm in or otherwise affecting interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or at
the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause to
believe that such other person--
``(A) is under indictment for, or has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the
United States; or
``(ii) except as provided in section
922(y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(F) has been discharged from the Armed Forces
under dishonorable conditions;
``(G) having been a citizen of the United States,
has renounced his or her citizenship;
``(H) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this subparagraph shall only apply
to a court order that--
``(i) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(ii)(I) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(II) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(I) has been convicted in any court of a
misdemeanor crime of domestic violence;
``(J) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm or ammunition
in furtherance of a crime of violence or drug
trafficking crime; or
``(ii) export the firearm or ammunition in
violation of law;
``(K) who does not reside in any State; or
``(L) intends to sell or otherwise dispose of the
firearm or ammunition to a person described in any of
subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who
violates subsection (b) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (b) is committed knowing or with
reasonable cause to believe that any firearm involved will be used to
commit a crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Subsection (b)(1) shall not apply to any firearm that is
lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, receiving, selling, shipping, transporting,
transferring, or otherwise disposing of the firearm; or
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, purchasing, receiving, selling, shipping,
transporting, transferring, or otherwise disposing of the
firearm.
``Sec. 933. Trafficking in firearms
``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of 2 or more firearms to another person in
or otherwise affecting interstate or foreign commerce, if the
transferor knows or has reasonable cause to believe that the
use, carrying, or possession of a firearm by the transferee
would be in violation of, or would result in a violation of,
any Federal law punishable by a term of imprisonment exceeding
1 year;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of, or would result in a
violation of, any Federal law punishable by a term of
imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person who
violates subsection (a) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (a) is committed by a person in
concert with 5 or more other persons with respect to whom such person
occupies a position of organizer, leader, supervisor, or manager, the
person shall be sentenced to a term of imprisonment of not more than 25
years.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933
shall forfeit to the United States, irrespective of any provision of
State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a person convicted of a
violation of section 932 or 933, shall order, in addition to any other
sentence imposed pursuant to section 932 or 933, that the person
forfeit to the United States all property described in paragraph (1).
``(b) A defendant who derives profits or other proceeds from an
offense under section 932 or 933 may be fined not more than the greater
of--
``(1) the fine otherwise authorized by this part; and
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``and 924(n)'' and inserting
``, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--Pursuant to its authority
under section 994 of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United
States Code and other offenses applicable to the straw purchases and
firearms trafficking of firearms are subject to increased penalties in
comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses.
The Commission shall also review and amend its guidelines and policy
statements to reflect the intent of Congress that a person convicted of
an offense under section 932 or 933 of title 18, United States Code,
who is affiliated with a gang, cartel, organized crime ring, or other
such enterprise should be subject to higher penalties than an otherwise
unaffiliated individual.
(f) Technical and Conforming Amendment.--The table of sections of
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 4. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a crime of violence or drug
trafficking offense or to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 5. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section
922 shall be fined under this title, imprisoned not more than 15 years,
or both.''.
SEC. 6. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a crime of violence (as defined in subsection (c)(3)), a
drug trafficking crime (as defined in subsection (c)(2)), or a crime
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.),
or section 212(a)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined
in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 7. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote
conduct that--
``(A) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct
that--
``(A) would be punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) for which the person may be prosecuted in a
court of the United States, if the conduct had occurred within
the United States,
smuggles or knowingly takes out of the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.''. | Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2013 - Amends the federal criminal code to prohibit any person, other than a licensed firearms importer, manufacturer, collector, or dealer (licensed dealer), from knowingly purchasing in interstate or foreign commerce (including through receipt on consignment or by way of pledge or pawn as security for payment) a firearm from a licensed dealer, or from any person who is not a licensed dealer, for another individual, knowing or having reasonable cause to believe that such individual meets specified criteria disqualifying such individual from possessing a firearm. Sets forth an enhanced penalty for such a violation committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence. Specifies exceptions for purchases for certain bona fide gifts or for a bona fide winner of an organized raffle, contest, or auction. Prohibits: (1) transferring two or more firearms to, or receiving two or more firearms from, a person in interstate or foreign commerce knowing or with the reasonable belief that such transfer, possession, or receipt would violate a federal law punishable by a term of imprisonment exceeding one year; or (2) attempting or conspiring to commit such conduct. Authorizes an enhanced penalty for someone who organizes or supervises such conduct. Subjects: (1) property derived from or used to commit such an offense to forfeiture, and (2) a person who derives profits from such an offense to a fine equal to twice such profits. Includes such offenses: (1) among offenses for which wiretapping may be authorized, (2) within the definition of "racketeering activity," and (3) within the definition of "specified unlawful activity" for purposes of money laundering violations. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to: (1) ensure that persons convicted of offenses involving straw purchases of firearms and firearms trafficking are subject to increased penalties; and (2) reflect congressional intent that a person convicted of such offense who is affiliated with a gang, cartel, or organized crime ring should be subject to higher penalties. Amends the Brady Handgun Violence Prevention Act to prohibit the sale or other disposition of a firearm or ammunition knowing or having reasonable cause to believe that the purchaser intends: (1) to sell or otherwise dispose of it to a person in a category of individuals excluded from firearms possession, (2) to sell or otherwise dispose of it in furtherance of a crime of violence or drug trafficking offense, or (3) to export it in violation of law. Increases the maximum term of imprisonment for violating prohibitions against: (1) selling firearms or ammunition to any person knowing or having reasonable cause to believe that such person is disqualified from possessing such firearms or ammunition; (2) any such disqualified person transporting or possessing any firearm or ammunition in interstate or foreign commerce or receiving any firearm or ammunition that has been has been transported in interstate or foreign commerce; (3) receiving or transferring a firearm or ammunition knowing or having reasonable cause to believe that it will be used to commit a crime of violence, a drug trafficking crime, or other specified crimes under the Arms Export Control Act, the International Emergency Economic Powers Act, the Foreign Narcotics Kingpin Designation Act, or the Immigration and Nationality Act; or (4) smuggling into or out of the United States a firearm or ammunition with intent to engage in or promote conduct that is punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or maritime drug law enforcement provisions or that constitutes a crime of violence. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Powers America Act of
2017''.
SEC. 2. ENERGY CREDIT FOR NUCLEAR ENERGY PROPERTY.
(a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code
of 1986 is amended in clause (vi) by striking ``or'', by inserting
``or'' at the end of clause (vii), and by adding at the end the
following new clause:
``(viii) qualified nuclear energy
property,''.
(b) Eligible for 30-Percent Credit.--Section 48(a)(2)(A)(i) of such
Code is amended by striking ``and'' in subclause (III) and by adding at
the end the following new subclause:
``(V) energy property described in
paragraph (3)(A)(viii) but only with
respect to property placed in service
before January 1, 2024, and''.
(c) Qualified Nuclear Energy Property.--Section 48(c) of such Code
is amended by adding at the end the following new paragraph:
``(5) Qualified nuclear energy property.--
``(A) In general.--The term `qualified nuclear
energy property' means any amounts paid or incurred for
the refueling of, and any other expenditures described
in section 263(a) with respect to, a qualifying nuclear
power plant.
``(B) Qualifying nuclear power plant.--The term
`qualifying nuclear power plant' means a nuclear power
plant which--
``(i) submitted an application for license
renewal to the Nuclear Regulatory Commission in
accordance with part 54 of title 10, Code of
Federal Regulations, before January 1, 2024, or
``(ii) certified to the Secretary (at such
time and in such form and in such manner as the
Secretary prescribes) that such plant will
submit an application for license renewal to
the Nuclear Regulatory Commission in accordance
with part 54 of title 10, Code of Federal
Regulations, before January 1, 2024.
``(C) Special rules.--
``(i) Basis.--For purposes of subsection
(a), the cumulative amounts paid or incurred by
the taxpayer during the taxable year with
respect to a qualifying nuclear power plant,
which are properly chargeable to capital
account, shall be treated as the basis of the
qualified nuclear energy property placed in
service for that taxable year.
``(ii) Placed in service.--For purposes of
subsection (a), qualified nuclear energy
property shall be treated as having been placed
in service on the last day of the taxable year
in which the taxpayer pays or incurs such
amounts described in clause (i).
``(iii) Recapture.--The Secretary shall, by
regulations, provide for recapturing the
benefit of any credit allowable under
subsection (a) to any qualifying nuclear power
plant which made a certification pursuant to
subparagraph (B) but does not file an
application of license renewal to the Nuclear
Regulatory Commission in accordance with part
54 of title 10, Code of Federal Regulations,
before January 1, 2024.''.
(d) Phaseout of 30-Percent Credit Rate for Nuclear Energy
Property.--Section 48(a) of such Code is amended by adding at the end
the following new paragraph:
``(7) Phaseout for qualified nuclear energy property.--In
the case of qualified nuclear energy property, the energy
percentage determined under paragraph (2) shall be equal to--
``(A) in the case of any property placed in service
after December 31, 2021, and before January 1, 2023, 26
percent, and
``(B) in the case of any property placed in service
after December 31, 2022, and before January 1, 2024, 22
percent.''.
(e) Coordination With Credit for Production From Advanced Nuclear
Power Facilities.--The last sentence of section 48(a)(3) is amended by
inserting ``or 45J'' after ``section 45''.
(f) Transfer of Credit by Certain Public Entities.--
(1) In general.--Section 48 of such Code is amended by
adding at the end the following new subsection:
``(e) Special Rule for Qualified Nuclear Energy Property.--
``(1) In general.--In the case of any qualified nuclear
energy property, if, with respect to a credit under subsection
(a) for any taxable year--
``(A) the taxpayer would be a qualified public
entity, and
``(B) such entity elects the application of this
subsection for such taxable year with respect to all
(or any portion specified in such election) of such
credit, the eligible project partner specified in such
election (and not the qualified public entity) shall be
treated as the taxpayer for purposes of this title with
respect to such credit (or such portion thereof).
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified public entity.--The term `qualified
public entity' means--
``(i) a Federal, State, or local government
entity, or any political subdivision, agency,
or instrumentality thereof,
``(ii) a mutual or cooperative electric
company described in section 501(c)(12) or
section 1381(a)(2), or
``(iii) a not-for-profit electric utility
which has or had received a loan or loan
guarantee under the Rural Electrification Act
of 1936.
``(B) Eligible project partner.--The term `eligible
project partner' means--
``(i) any person responsible for operating,
maintaining, or repairing the qualifying
nuclear power plant to which the credit under
subsection (a) relates,
``(ii) any person who participates in the
provision of the nuclear steam supply system to
the qualifying nuclear power plant to which the
credit under subsection (a) relates,
``(iii) any person who participates in the
provision of nuclear fuel to the qualifying
nuclear power plant to which the credit under
subsection (a) relates, or
``(iv) any person who has an ownership
interest in such facility.
``(3) Special rules.--
``(A) Application to partnerships.--In the case of
a credit under subsection (a) which is determined with
respect to qualified nuclear energy property at the
partnership level--
``(i) for purposes of paragraph (1)(A), a
qualified public entity shall be treated as the
taxpayer with respect to such entity's
distributive share of such credit, and
``(ii) the term `eligible project partner'
shall include any partner of the partnership.
``(B) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under subsection (e), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the qualified
public entity's taxable year with respect to which the
credit was determined.
``(C) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this subsection shall not be
taken into account as a private business use.''.
(2) Special rule for proceeds of transfers for mutual or
cooperative electric companies.--Section 501(c)(12) of such
Code is amended by adding at the end the following new
subparagraph:
``(I) In the case of a mutual or cooperative
electric company described in this paragraph or an
organization described in section 1381(a)(2), income
received or accrued in connection with an election
under section 48(e) shall be treated as an amount
collected from members for the sole purpose of meeting
losses and expenses.''.
(g) Conforming Amendment.--Section 48(a)(2)(A) of such Code is
amended by striking ``paragraph (6)'' and inserting ``paragraphs (6)
and (7)''.
(h) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2016, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990). | Nuclear Powers America Act of 2017 This bill amends the Internal Revenue Code to allow a tax credit for investments in qualified nuclear energy property placed in service before January 1, 2024. The credit applies to any amounts paid or incurred for refueling or other specified expenditures for a nuclear power plant for which an application for license renewal was or will be submitted to the Nuclear Regulatory Commission before January 1, 2024. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Teen and Novice Driver Uniform
Protection Act of 2005'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Transportation Safety Board has reported
that--
(A) in 2002, teen drivers, which constituted only
6.4 percent of all drivers, were involved in 14.3
percent of all fatal motor vehicle crashes;
(B) motor vehicle crashes are the leading cause of
death for Americans between 15 and 20 years of age;
(C) between 1994 and 2003, almost 64,000 Americans
between 15 and 20 years of age died in motor vehicle
crashes, an average of 122 per week; and
(D) in 2003--
(i) 3,657 American drivers between 15 and
20 years of age were killed in motor vehicle
crashes;
(ii) 300,000 Americans between 15 and 20
years of age were injured in motor vehicle
crashes; and
(iii) 7,884 American drivers between 15 and
20 years of age were involved in fatal crashes,
resulting in 9,088 total fatalities, a 5
percent increase since 1993.
(2) Though only 20 percent of driving by young drivers
occurs at night, over 50 percent of the motor vehicle crash
fatalities involving young drivers occur at night.
(3) The National Highway Traffic Safety Administration has
reported that--
(A) 6,300,000 motor vehicle crashes claimed the
lives of nearly 43,000 Americans in 2003 and injured
almost 3,000,000 more Americans;
(B) teen drivers between 16 and 20 years of age
have a fatality rate that is 4 times the rate for
drivers between 25 and 70 years of age; and
(C) drivers who are 16 years of age have a motor
vehicle crash rate that is almost ten times the crash
rate for drivers aged between 30 and 60 years of age.
(4) According to the Insurance Institute for Highway
Safety, the chance of a crash by a 16- or 17-year-old driver is
doubled if there are 2 peers in the vehicle and quadrupled with
3 or more peers in the vehicle.
(5) In 1997, the first full year of its graduated driver
licensing system, Florida experienced a 9 percent reduction in
fatal and injurious crashes among young drivers between the
ages of 15 and 18, compared with 1995, according to the
Insurance Institute for Highway Safety.
(6) The Journal of the American Medical Association reports
that crashes involving 16-year-old drivers decreased between
1995 and 1999 by 25 percent in Michigan and 27 percent in North
Carolina. Comprehensive graduated driver licensing systems were
implemented in 1997 in these States.
(7) In California, according to the Automobile Club of
Southern California, teenage passenger deaths and injuries
resulting from crashes involving 16-year-old drivers declined
by 40 percent from 1998 to 2000, the first 3 years of
California's graduated driver licensing program. The number of
at-fault collisions involving 16-year-old drivers decreased by
24 percent during the same period.
(8) The National Transportation Safety Board reports that
39 States and the District of Columbia have implemented 3-stage
graduated driver licensing systems. Many States have not yet
implemented these and other basic safety features of graduated
driver licensing laws to protect the lives of teenage and
novice drivers.
(9) A 2001 Harris Poll indicates that--
(A) 95 percent of Americans support a requirement
of 30 to 50 hours of practice driving with an adult;
(B) 92 percent of Americans support a 6-month
learner's permit period; and
(C) 74 percent of Americans support limiting the
number of teen passengers in a car with a teen driver
and supervised driving during high-risk driving
periods, such as night.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--A State is in compliance with this
section if the State has a graduated driver licensing law that
includes, for novice drivers under the age of 21--
(1) a 3-stage licensing process, including a learner's
permit stage and an intermediate stage before granting an
unrestricted driver's license;
(2) a prohibition on nighttime driving during the learner's
permit and intermediate stages;
(3) a prohibition, during the learner's permit intermediate
stages, from operating a motor vehicle with more than 1 non-
familial passenger under the age of 21 if there is no licensed
driver 21 years of age or older present in the motor vehicle;
and
(4) any other requirement that the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
may require, including--
(A) a learner's permit stage of at least 6 months;
(B) an intermediate stage of at least 6 months;
(C) for novice drivers in the learner's permit
stage--
(i) a requirement of at least 30 hours of
behind-the-wheel training with a licensed
driver who is over 21 years of age; and
(ii) a requirement that any such driver be
accompanied and supervised by a licensed driver
21 years of age or older at all times when such
driver is operating a motor vehicle; and
(D) a requirement that the grant of full licensure
be automatically delayed, in addition to any other
penalties imposed by State law for any individual who,
while holding a provisional license, convicted of an
offense, such as driving while intoxicated,
misrepresentation of their true age, reckless driving,
unbelted driving, speeding, or other violations, as
determined by the Secretary.
(b) Rulemaking.--After public notice and comment rulemaking the
Secretary shall issue regulations necessary to implement this section.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years following the
date of enactment of this Act, the Secretary shall award a grant to any
State in compliance with section 3(a) on or before the first day of
that fiscal year that submits an application under subsection (b).
(b) Application.--Any State 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,
including a certification by the governor of the State that the State
is in compliance with section 3(a).
(c) Grants.--For each fiscal year described in subsection (a),
amounts appropriated to carry out this section shall be apportioned to
each State in compliance with section 3(a) in an amount determined by
multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title 23,
United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under such
section 402.
(d) Use of Funds.--Amounts received under a grant under this
section shall be used for--
(1) enforcement and providing training regarding the State
graduated driver licensing law to law enforcement personnel and
other relevant State agency personnel;
(2) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver licensing
law; and
(3) other administrative activities that the Secretary
considers relevant to the State graduated driver licensing law.
(e) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $25,000,000 for each of the fiscal
years 2005 through 2009.
SEC. 5. WITHHOLDING OF FUNDS FOR NON-COMPLIANCE.
(a) In General.--
(1) Fiscal year 2010.--The Secretary shall withhold 1.5
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2010 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code, if that State is not in compliance with section 3(a) of
this Act on October 1, 2009.
(2) Fiscal year 2011.--The Secretary shall withhold 3
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2011 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United States
Code, if that State is not in compliance with section 3(a) of
this Act on October 1, 2010.
(3) Fiscal year 2012 and thereafter.--The Secretary shall
withhold 6 percent of the amount otherwise required to be
apportioned to any State for each fiscal year beginning with
fiscal year 2012 under each of the paragraphs (1), (3), and (4)
of section 104(b) of title 23, United States Code, if that
State is not in compliance with section 3(a) of this Act on the
first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld on or before september 30, 2011.--Any
amount withheld from any State under subsection (a) on or
before September 30, 2011, shall remain available for
distribution to the State under subsection (c) until the end of
the third fiscal year following the fiscal year for which such
amount is appropriated.
(2) Funds withheld after september 30, 2011.--Any amount
withheld under subsection (a)(2) from any State after September
30, 2011, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) are to remain
available to a State under subsection (b), the State comes into
compliance with section 3(a), the Secretary shall, on the first
day on which the State comes into compliance, distribute to the
State any amounts withheld under subsection (a) that remains
available for apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall remain
available for expenditure by the State until the end of the
third fiscal year for which the funds are so apportioned. Any
amount not expended by the State by the end of such period
shall revert back to the Treasury of the United States.
(3) Effect of non-compliance.--If a State is not in
compliance with section 3(a) at the end of the period for which
any amount withheld under subsection (a) remains available for
distribution to the State under subsection (b), such amount
shall revert back to the Treasury of the United States. | Safe Teen and Novice Driver Uniform Protection Act of 2005 (STANDUP Act) - Authorizes the Secretary of Transportation to award incentive grants to States with graduated driver licensing laws that include for novice drivers under age 21: (1) a three-stage licensing process (including a learner's permit stage and an intermediate stage before an unrestricted driver's license is granted); (2) a prohibition on nighttime driving during the learner's permit and intermediate stages; (3) a prohibition (during the learner's permit and intermediate stages) against operating a motor vehicle with more than one non-familial passenger under age 21 if there is no licensed driver 21 years old or older present in the vehicle; and (4) any other requirement that the Secretary may require.
Directs the Secretary to withhold a certain amount of Federal-aid highway funds from States that are not in compliance with the requirements of this Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Legislative Line Item Veto Act
of 1993''.
SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B of title
X of The Congressional Budget and Impoundment Control Act of 1974, and
subject to the provisions of this section, the President may rescind
all or part of any discretionary budget authority pursuant to this Act
if the President--
(1) determines that such rescission--
(A) would help reduce the Federal budget deficit;
(B) will not impair any essential Government
functions; and
(C) will not harm the national interest; and
(2) notifies the Congress of such rescission by a special
message not later than twenty calendar days (not including
Saturdays, Sundays, or holidays) after the date of enactment of
a regular or supplemental appropriation Act or a joint
resolution making continuing appropriations providing such
budget authority.
The President shall submit a separate rescission message for each item
rescinded under this paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a) Any amount of budget authority rescinded under this Act as set
forth in a special message by the President shall be deemed canceled
unless during the period described in subsection (b), a rescission
disapproval bill making available all of the amount rescinded is
enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of 20 calendar days of
session during which Congress must complete action on the
rescission disapproval bill and present such bill to the
President for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional ten days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
(3) if the President vetoes the rescission disapproval bill
during the period provided in paragraph (2), an additional five
calendar days of session after the date of the veto.
(c) If a special message is transmitted by the President under this
Act and the last session of the Congress adjourns sine die before the
expiration of the period described in subsection (b), the rescission
shall not take effect. The message shall be deemed to have been
retransmitted on the first day of the succeeding Congress and the
review period referred to in subsection (b) (with respect to such
message) shall run beginning after such first day.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(a) the term ``rescission disapproval bill'' means a bill
or joint resolution which only disapproves a rescission of
discretionary budget authority, in whole, rescinded in a
special message transmitted by the President under this Act;
and
(b) the term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETO RESCISSIONS.
(a) Presidential Special Message.--Whenever the President rescinds
any budget authority as provided in this Act, the President shall
transmit to both Houses of Congress a special message specifying--
(1) the amount of budget authority rescinded;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
(3) the reasons and justifications for the determination to
rescind budget authority pursuant to this Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
(5) all facts, circumstances, and considerations relating
to or bearing upon the rescission and the decision to effect
the rescission, and to the maximum extent practicable, the
estimated effect of the rescission upon the objects, purposes,
and programs for which the budget authority is provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and to
the Secretary of the Senate if the Senate is not in session.
Each special message so transmitted shall be referred to the
appropriate committees of the House of Representatives and the
Senate. Each such message shall be printed as a document of
each House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission Disapproval Bills.--Any rescission
disapproval bill introduced with respect to a special message shall be
referred to the appropriate committees of the House of Representatives
or the Senate, as the case may be.
(d) Consideration in the Senate.--
(1) Any rescission disapproval bill received in the Senate
from the House shall be considered in the Senate pursuant to
the provisions of this Act.
(2) Debate in the Senate on any rescission disapproval bill
and debatable motions and appeals in connection therewith,
shall be limited to not more than ten hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
(3) Debate in the Senate on any debatable motions or appeal
in connection with such bill shall be limited to one hour, to
be equally divided between, and controlled by the mover and the
manager of the bill, except that in the event the manager of
the bill is in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority leader
or his designee. Such leaders, or either of them, may, from the
time under their control on the passage of the bill, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed one, not counting any day on which the Senate is
not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission disapproval bill
that relates to any matter other than the rescission budget
authority transmitted by the President under this Act.
(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission
disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn. | Legislative Line Item Veto Act of 1993 - Authorizes the President to rescind all or part of any discretionary budget authority if the President: (1) determines that such rescission would help reduce the Federal budget deficit, will not impair any essential Government functions, and will not harm the national interest; and (2) notifies the Congress, within 20 days after the enactment of the appropriations legislation, by a special message for each item to be rescinded.
Makes such a rescission effective unless the Congress enacts a rescission disapproval bill within a specified review period.
Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Two Strikes and In Act of 1994''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``crime of violence'' means a
felony offense under Federal or State law that is a crime of violence
which may include the following (or a State equivalent of such crime):
(1) Murder.
(2) Homicide.
(3) Kidnapping.
(4) Assault resulting in a serious bodily injury.
(5) Assault with intent to commit murder.
(6) Rape.
(7) Voluntary manslaughter.
(8) Criminal sexual assault.
SEC. 3. PRISONS FOR VIOLENT DRUG OFFENDERS.
(a) Establishment of Grant and Technical Assistance Program.--
(1) In general.--The Attorney General may make grants to
States and to multi-State compact associations for the purposes
of--
(A) developing, constructing, expanding, operating,
and improving boot camp prison programs, city or county
detention facilities, or low- to medium-security
prisons;
(B) developing, constructing, and operating prisons
that house and provide treatment for violent offenders
with serious substance abuse problems; and
(C) assisting in activating existing boot camp or
prison facilities that are unutilized or underutilized
because of lack of funding.
(2) Technical assistance.--The Attorney General may provide
technical assistance to grantees under this section.
(3) Utilization of private sector.--Nothing herein shall
prevent the utilization of any grant funds to contract with the
private sector to design, construct or provide any services
associated with any facilities funded herein.
(4) Utilization of components.--The Attorney General may
utilize any component or components of the Department of
Justice in carrying out this section.
(b) State and Multi-State Compact Applications.--
(1) In general.--To request a grant under this section, the
chief executive of a State or the co-ordinator of a multi-State
compact association shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may prescribe by regulation or guidelines. The
chief executive of a State or the co-ordinator of a multi-State
compact association may designate private sector participants
for the design, construction, or provision of services
associated with any facilities for which funding is requested.
(2) Content of application.--In accordance with the
regulations or guidelines established by the Attorney General,
an application for a grant under this section shall--
(A) provide a description of any construction
activities, including cost estimates;
(B) provide a description of selection criteria for
prisoners for various prison programs; and
(C) certify that such State or States have in
effect a law which requires a sentence of life
imprisonment for individuals who have been previously
convicted of a crime of violence at the State or
Federal level.
(c) Qualifying State.--
(1) In general.--To be eligible to receive a grant under
this section, a State shall provide a mandatory sentence of
life imprisonment without parole for individuals who have been
previously convicted of a crime of violence at the State or
Federal level.
(2) Disqualification.--The Attorney General shall withdraw
a State's status as a qualifying State if the Attorney General
finds that the State no longer appropriately provides for the
matters described in paragraph (1) or has ceased making
substantial progress toward attaining them, in which event the
State shall no longer be entitled to the benefits of this
section, except to the extent the Attorney General otherwise
directs.
(3) Waiver.--The Attorney General may waive, for no more
than one year, any of the requirements of this subsection with
respect to a particular State if the Attorney General certifies
that, in the Attorney General's judgment, there are compelling
law enforcement reasons for doing so. Any State granted any
such waiver shall be treated as a qualifying State for all
purposes of this subtitle, unless the Attorney General
otherwise directs.
(d) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of the reviews required by subsection (f), or
otherwise, that a grant recipient under this section is not in
substantial compliance with the terms and requirements of an approved
grant application, the Attorney General may revoke or suspend funding
of the grant in whole or in part.
(e) Access to Documents.--The Attorney General and the Comptroller
General shall have access for the purpose of audit and examination to--
(1) the pertinent books, documents, papers, or records of a
grant recipient under this section; and
(2) the pertinent books, documents, papers, or records of
other persons and entities that are involved in programs for
which assistance is provided under this section.
(f) General Regulatory Authority.--The Attorney General may issue
regulations and guidelines to carry out this section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $600,000,000 for fiscal year 1994;
(2) $600,000,000 for fiscal year 1995;
(3) $600,000,000 for fiscal year 1996;
(4) $600,000,000 for fiscal year 1997; and
(5) $600,000,000 for fiscal year 1998. | Two Strikes and In Act of 1994 - Authorizes the Attorney General to make grants to States and to multi-State compact associations for: (1) developing, constructing, expanding, operating, and improving boot camp prison programs, city or county detention facilities, or low- to medium-security prisons; (2) developing, constructing, and operating prisons that house and provide treatment for violent offenders with serious substance abuse problems; and (3) assisting in activating existing boot camp or prison facilities that are unutilized or underutilized because of a lack of funding.
Authorizes the Attorney General to: (1) provide technical assistance to grantees; and (2) utilize components of the Department of Justice in carrying out this Act. Permits the utilization of grant funds to contract with the private sector to design, construct, or provide any services associated with facilities funded.
Sets forth application procedures. Requires a State, to be eligible, to provide a mandatory sentence of life imprisonment without parole for individuals who have been previously convicted of a crime of violence at the State or Federal level. Provides for revocation or suspension of funding where a grant recipient is not in substantial compliance with the terms and requirements of an approved grant application.
Grants the Attorney General and the Comptroller General access for the purpose of audit and examination to pertinent records of a grant recipient and of other persons and entities that are involved in programs for which assistance is provided under this Act.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``CHP Support Act''.
SEC. 2. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
Section 375 of the Energy Policy and Conservation Act (42 U.S.C.
6345) is amended to read as follows:
``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
``(a) Renaming.--
``(1) In general.--The Clean Energy Application Centers of
the Department of Energy are redesignated as the CHP Technical
Assistance Partnership Program (referred to in this section as
the `Program').
``(2) Program description.--The Program shall consist of--
``(A) the 10 regional CHP Technical Assistance
Partnerships in existence on the date of enactment of
the CHP Support Act;
``(B) such other regional CHP Technical Assistance
Partnerships as the Secretary may establish; and
``(C) any supporting technical activities under the
Technical Partnership Program of the Advanced
Manufacturing Office.
``(3) References.--Any reference in any law, rule,
regulation, or publication to a Combined Heat and Power
Application Center or a Clean Energy Application Center shall
be deemed to be a reference to the Program.
``(b) CHP Technical Assistance Partnership Program.--
``(1) In general.--The Program shall--
``(A) operate programs to encourage deployment of
combined heat and power (referred to in this subsection
as `CHP') technologies by providing education and
outreach to--
``(i) building, industrial, and electric
and natural gas utility professionals;
``(ii) State and local policymakers; and
``(iii) other individuals and organizations
with an interest in efficient energy use, local
or opportunity fuel use, resiliency, or energy
security, microgrids, and district energy; and
``(B) provide project specific support to building
and industrial professionals through economic and
engineering assessments and advisory activities.
``(2) Funding for certain activities.--
``(A) In general.--The Program shall make funds
available to institutions of higher education, research
centers, and other appropriate institutions to ensure
the continued operations and effectiveness of the
regional CHP Technical Assistance Partnerships.
``(B) Use of funds.--Funds made available under
subparagraph (A) may be used--
``(i) to research, develop, and distribute
informational materials relevant to
manufacturers, commercial buildings,
institutional facilities, and Federal sites,
including continued support of the mission
goals of the Department of Defense, on CHP and
microgrid technologies, including continuation
and updating of--
``(I) the CHP Technical Assistance
Partnerships installation database;
``(II) CHP technology potential
analyses;
``(III) State CHP resource pages;
and
``(IV) CHP Technical Assistance
Partnerships websites;
``(ii) to research, develop, and conduct
target market workshops, reports, seminars,
internet programs, CHP resiliency resources,
and other activities to provide education to
end users, regulators, and stakeholders in a
manner that leads to the deployment of CHP
technologies;
``(iii) to provide or coordinate onsite
assessments for sites and enterprises that may
consider deployment of CHP technology;
``(iv) to perform market research to
identify high profile candidates for deployment
of CHP technologies, hybrid renewable-CHP
technologies, microgrids, and clean energy;
``(v) to provide nonbiased engineering
support to sites considering deployment of CHP
technologies;
``(vi) to assist organizations developing
clean energy technologies and policies in
overcoming barriers to deployment; and
``(vii) to assist companies and
organizations with field validation and
performance evaluations of CHP and other clean
energy technologies implemented.
``(C) Duration.--The Program shall make funds
available under subparagraph (A) for a period of 5
years.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $12,000,000 for each of fiscal
years 2018 through 2022.''. | CHP Support Act This bill amends the Energy Policy and Conservation Act to redesignate the Department of Energy's Clean Energy Application Centers as the CHP Technical Assistance Partnership Program. The program must encourage deployment of combined heat and power technologies and provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities. This bill reauthorizes the program through FY2022. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Technology Act of
2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Certified commercial information technology training
provider.--The term ``certified commercial information
technology training provider'' means a private sector provider
of educational products and services utilized for training in
information technology that is certified with respect to--
(A) the curriculum that is used for the training;
or
(B) the technical knowledge of the instructors of
such provider,
by 1 or more software publishers or hardware manufacturers the
products of which are a subject of the training.
(2) Dislocated worker.--The term ``dislocated worker'' has
the meaning given the term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801).
(3) Information technology certification.--The term
``information technology certification'' means certification in
information technology, in accordance with such standards as--
(A)(i) the Computing Technology Industry
Association, the Information Technology Training
Association, the International Society for Technology
in Education, or another information technology
professional association may issue, after consultation
with chief education officers of States, State boards
and entities that certify or license teachers, and
other entities impacted by the standards; or
(ii) a State board or entity that certifies or
licenses teachers may issue, after consultation with
chief education officers of States, and other entities
impacted by the standards; and
(B) the Secretaries may approve.
(4) Information technology training program.--The term
``information technology training program'' means a program for
the training of--
(A) computer programmers, systems analysts, and
computer scientists or engineers (as such occupations
are defined by the Bureau of Labor Statistics); and
(B) persons for such other occupations as are
determined to be appropriate by the Secretaries, after
consultation with a working group broadly solicited by
the Secretaries and open to all interested information
technology entities and trade and professional
associations.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) Native american.--The term ``Native American'' means an
Indian or a Native Hawaiian, as defined in section 166(a) of
the Workforce Investment Act of 1998 (29 U.S.C. 2911(a)).
(7) Secretaries.--The term ``Secretaries'' means the
Secretary of Education and the Secretary of Labor, acting
jointly.
(8) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of the Workforce Investment Act of 1998
(29 U.S.C. 2801).
SEC. 3. INFORMATION TECHNOLOGY TRAINING PROGRAM GRANTS.
(a) In General.--The Secretaries may make grants to eligible
partnerships to pay for the Federal share of the cost of establishing
and carrying out information technology training programs for
minorities, women, older individuals, veterans, Native Americans,
dislocated workers, and former participants in information technology
training programs who have not received information technology
certification.
(b) Partnerships.--To be eligible to receive a grant under
subsection (a), a partnership shall consist of--
(1) an institution of higher education; and
(2) a private organization, such as a certified commercial
information technology training provider or an information
technology trade or professional association.
(c) Application.--To be eligible to receive a grant under
subsection (a), a partnership shall submit an application to the
Secretaries at such time, in such manner, and containing such
information as the Secretaries may require.
(d) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
shall be provided in cash or in kind, fairly evaluated,
including plant, equipment, or services.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2001 and such sums as may be necessary for each subsequent fiscal year.
SEC. 4. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION.
(a) In General.--The Secretary of Education may make grants to
appropriate organizations, to assist the organizations in awarding
bonuses to teachers who achieve information technology certification.
(b) Amount.--Subject to the availability of appropriations under
subsection (d), the Secretary of Education shall award a grant to an
organization under subsection (a) in an amount not greater than the
product of $5,000 and the number of teachers described in subsection
(c)(2).
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a local educational agency shall submit an
application to the Secretary of Education at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Contents.--At a minimum, the application shall contain
information describing the number of teachers that--
(A) have achieved information technology
certification, including such certification for
integrating information technology into the classroom
and a curriculum;
(B) have not previously received awards under this
section; and
(C) have entered into agreements with the agency to
continue to teach for the agency for periods of not
less than 3 years, after receiving bonuses under this
section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2001 through 2005. | Authorizes the Secretary of Education to make grants to appropriate organizations for awarding bonuses to teachers who achieve information technology certification. Authorizes appropriations for FY 2001 through 2005. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Court Reauthorization and
Improvement Act of 1999''.
SEC. 2. GRANT AUTHORITY.
(a) In General.--The Attorney General may make grants to States,
State courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements with other
public or private entities, for programs that involve--
(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
(2) the integrated administration of other sanctions and
services, which shall include--
(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
(B) substance abuse treatment for each participant;
(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress; and
(D) programmatic, offender management, and
aftercare services such as relapse prevention, health
care, education, vocational training, job placement,
housing placement, and child care or other family
support services for each participant who requires such
services.
(b) Geographical Distribution.--The Attorney General shall ensure
that, to the extent practicable, an equitable geographic distribution
of grant awards is made.
SEC. 3. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
The Attorney General shall--
(1) issue regulations and guidelines to ensure that the
programs authorized in this Act do not permit participation by
violent offenders; and
(2) immediately suspend funding for any grant under this
Act, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded under
this Act.
SEC. 4. DEFINITION.
In this Act, the term ``violent offender'' means a person who--
(1) is charged with or convicted of an offense, during the
course of which offense or conduct--
(A) the person carried, possessed, or used a
firearm or dangerous weapon;
(B) there occurred the death of or serious bodily
injury to any person; or
(C) there occurred the use of force against the
person of another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or
conduct of which or for which the person is charged or
convicted; or
(2) has 1 or more prior convictions for a felony crime of
violence involving the use or attempted use of force against a
person with the intent to cause death or serious bodily harm.
SEC. 5. ADMINISTRATION.
(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this Act.
(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this Act.
(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this Act.
(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this Act shall--
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
(6) certify that participating offenders will be supervised
by 1 or more designated judges with responsibility for the drug
court program;
(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
(8) describe the methodology that will be used in
evaluating the program.
SEC. 6. APPLICATIONS.
To request funds under this Act, the chief executive or the chief
justice of a State or the chief executive or chief judge of a unit of
local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
SEC. 7. FEDERAL SHARE.
(a) In General.--The Federal share of a grant made under this Act
may not exceed 75 percent of the total costs of the program described
in the application submitted under section 6 for the fiscal year for
which the program receives assistance under this Act, unless the
Attorney General waives, wholly or in part, the requirement of a
matching contribution under this section.
(b) Matching Requirement.--In-kind contributions and Federal funds
not received pursuant to a grant made under this Act may constitute a
portion of the non-Federal share of a grant.
SEC. 8. REPORT.
(a) Grantee Report.--A State, Indian tribal government, or unit of
local government that receives funds under this Act during a fiscal
year shall submit to the Attorney General a report in March of the
following year regarding the effectiveness of this Act.
(b) Federal Evaluation.--The Attorney General shall annually report
to the Committees on the Judiciary of the House of Representatives and
the Senate data and analysis with respect to--
(1) the effectiveness of the drug court programs authorized
by this Act and the management of those programs; and
(2) the drug relapse and recidivism rates of offenders in
participating in programs authorized by this Act.
SEC. 9. TECHNICAL ASSISTANCE TRAINING AND EVALUATION.
(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this Act.
(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this Act.
(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.
SEC. 10. CENTER FOR SUBSTANCE ABUSE TREATMENT.
Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is
amended by adding at the end the following:
``(d) Drug Treatment Services.--There is authorized to be
appropriated, $75,000,000 for each of the fiscal years 2000 through
2003, to enable the Secretary, acting through the Center, to provide
drug treatment services in conjunction with drug court programs.
Amounts provided under this subsection shall be used to supplement, not
supplant, State, local or private funds made available for such
services.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General for
each of the fiscal years 2000 through 2003, $200,000,000 to carry out
sections 2 through 9 of this Act. | Amends the Public Health Service Act to authorize appropriations for FY 2000 through 2003 to enable the Secretary of Health and Human Services to provide drug treatment services in conjunction with drug court programs.
Authorizes appropriations to the Attorney General for such fiscal years for such programs. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Shipper Protection Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the railroad industry has consolidated dramatically
since passage of the Staggers Rail Act of 1980 (94 Stat. 1895
et seq.), leaving the railroad industry with only a few major
carriers and providing shippers with limited competitive
options;
(2) the financial health of the railroad industry has
improved substantially since the passage of the Staggers Rail
Act of 1980;
(3) due partly to the continued consolidation of the
railroad industry, captive rail shippers--
(A) continue to exist; and
(B) are increasing in number; and
(4) rail shippers, including captive rail shippers, will
benefit from increased competition among railroads and a
streamlined process under which the Surface Transportation
Board determines the reasonableness of captive rail shipper
rates.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Surface transportation board.--The term ``Surface
Transportation Board'' or ``Board'' means the Surface
Transportation Board established under section 701 of title 49,
United States Code.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to clarify the rail transportation policy of the United
States;
(2) to ensure rail competition for shippers in geographic
areas in which rail competition is physically available;
(3) to ensure reasonable rates for captive rail shippers;
and
(4) to remove unnecessary regulatory burdens from the rate
reasonableness process of the Surface Transportation Board.
SEC. 5. CLARIFICATION OF RAIL TRANSPORTATION POLICY.
Section 10101 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In
regulating''; and
(2) by adding at the end the following:
``(b) Primary Objectives.--The primary objectives of the rail
transportation policy of the United States shall be--
``(1) to ensure effective competition among rail carriers
at origin and destination; and
``(2) to maintain reasonable rates in the absence of
effective competition.''.
SEC. 6. REQUIREMENT OF RAILROADS TO ESTABLISH RATES TO FACILITATE RAIL
TO RAIL COMPETITION.
(a) Establishment of Rate.--Section 11101(a) of title 49, United
States Code, is amended by inserting after the first sentence the
following: ``Upon the request of a shipper, a rail carrier shall
establish a rate for transportation requested by the shipper between
any 2 points on the system of that rail carrier where traffic
originates, terminates, or may be interchanged. A rate established
under the preceding sentence shall apply to the shipper that makes the
request for the rate without regard to whether the rate established is
for part of a through transportation route between an origin and a
destination or whether the shipper has made arrangements for
transportation over any other part of that through route.''.
(b) Review of Reasonableness of Rate.--Section 10701(d) of title
49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) If a rail carrier establishes a rate for transportation
between any 2 points on the system of that rail carrier where rail
traffic originates, terminates, or may be interchanged, the shipper may
challenge the reasonableness of--
``(A) that rate; or
``(B) the aggregate rate between origin and destination (if
the rate established is for part of a through route).''.
SEC. 7. SIMPLIFIED STANDARD FOR MARKET DOMINANCE.
Section 10707(d) of title 49, United States Code, is amended--
(1) by striking paragraph (2);
(2) by striking ``(1)(A)'' and inserting ``(3)'';
(3) by striking ``(B) For purposes'' and inserting ``(4)
For purposes''; and
(4) by inserting before paragraph (3), as redesignated, the
following:
``(1) In making a determination under this section, the Board shall
find that the rail carrier establishing the challenged rate referred to
in subsection (b) has market dominance over the transportation to which
the rate applies if that rail carrier--
``(A) is the only rail carrier serving the origin,
destination, or intermediate portion of the route involved; and
``(B) does not prove to the Board that the rate charged
results in a revenue-variable cost percentage for that
transportation that is less than 180 percent.
``(2) In making a market dominance determination under this section
in any case in which 2 or more rail carriers provide service at an
origin or destination, the Board shall consider only transportation
competition at that origin or destination.''.
SEC. 8. REVENUE ADEQUACY DETERMINATIONS.
(a) Rail Transportation Policy.--Section 10101(3) of title 49,
United States Code, is amended by striking ``, as determined by the
Board;''.
(b) Authority for Revenue Adequacy Determination.--Section 10704(a)
of title 49, United States Code, is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)''; and
(2) by striking paragraphs (2) and (3).
SEC. 9. REDUCTION OF PROCEDURAL BARRIERS FACED BY SMALL SHIPPERS.
(a) Administrative Relief.--Not later than 180 days after the date
of enactment of this Act, the Surface Transportation Board shall--
(1) review the rules and procedures applicable to rate
complaints and other complaints filed with the Board by small
shippers;
(2) identify any such rules or procedures that are unduly
burdensome to small shippers; and
(3) take such action, including rulemaking, as is
appropriate to reduce or eliminate the aspects of the rules and
procedures that the Board determines under paragraph (2) to be
unduly burdensome to small shippers.
(b) Legislative Relief.--The Board shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives if
the Board determines that additional changes in the rules and
procedures described in subsection (a) are appropriate and require
commensurate changes in statutory law. In making that notification, the
Board shall make recommendations concerning those changes. | Railroad Shipper Protection Act of 1997 - Amends Federal transportation law to declare as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; and (2) maintaining reasonable rates in the absence of such competition.
Requires a rail carrier, upon request from a shipper, to establish a rail transportation rate between any two points on the carrier's system where traffic originates, terminates, or may be interchanged. Authorizes such shipper to then challenge the reasonableness of the rate established or the aggregate rate between origin and destination (if the rate established is for part of a through rate).
Requires the Surface Transportation Board to find that the rail carrier establishing a challenged rail rate has market dominance over the transportation to which the rate applies if such carrier: (1) is the only carrier serving the origin, destination, or intermediate portion of the route involved; or (2) does not prove to the Board that the rate charged results in a revenue-variable cost percentage for that transportation that is less than 180 percent.
Terminates Board authority to determine the revenue adequacy of rail carriers.
Directs the Board to: (1) review and take appropriate action with respect to the rules and procedures applicable to rate complaints and other complaints filed with the Board by small shippers; and (2) notify specified congressional committees if it determines that additional (legislative) changes in such rules and procedures are appropriate. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Trafficking Interdiction
Assistance Act of 2008''.
SEC. 2. FINDINGS.
Congress finds and declares that operating or embarking in a
submersible or semi-submersible vessel without nationality and on an
international voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism, and
presents a specific threat to the safety of maritime navigation and the
security of the United States.
SEC. 3. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT
NATIONALITY.
(a) In General.--Chapter 111 of title 18 is amended by adding at
the end the following new section:
``SEC. 2285. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.
``(a) Offenses.--
``(1) In general.--Whoever knowingly or intentionally
operates by any means or embarks in any submersible or semi-
submersible vessel that is without nationality and that is
navigating or has navigated into, through, or from waters
beyond the outer limit of the territorial sea of a single
country or a lateral limit of that country's territorial sea
with an adjacent country, with the intent to evade detection,
shall be punished as prescribed in subsection (h).
``(2) Attempts and conspiracies.--Whoever attempts or
conspires to violate this section shall be punished as
prescribed in subsection (h).
``(b) Definitions.--In this section:
``(1) Semi-submersible vessel.--The term `semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
``(2) Submersible vessel.--The term `submersible vessel'
means a watercraft that is capable of operating completely
below the surface of the water, including both manned and
unmanned watercraft.
``(3) Vessel without nationality.--The term `vessel without
nationality' has the same meaning as section 70502(d) of title
46, United States Code.
``(4) Evade detection.--The term `evade detection' includes
the indicia in section 70507 (b)(1)(A), (E), (F), (G), (b)(4),
(b)(5), and (b)(6) of title 46, United States Code.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over the offenses described in this section,
including an attempt or conspiracy to commit such offense.
``(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
``(2) flying its nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
``(e) Affirmative Defense.--
``(1) In general.--It is an affirmative defense to a
prosecution under this section, which the defendant shall prove
by a preponderance of the evidence, that any submersible or
semi-submersible vessel that the defendant operated by any
means or embarked, at the time of the offense--
``(A) was a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
``(B) was classed by and designed in accordance
with the rules of a classification society;
``(C) was lawfully operated in a government-
regulated or -licensed activity, including commerce,
research, or exploration; or
``(D) was equipped with and using an operable
automatic identification system vessel monitoring
system, or long range identification and tracking
system.
``(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
``(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
``(f) Federal Activities.--Nothing in this section applies to
lawfully authorized activities carried out by, or at the direction of,
the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46, United States Code, apply to this section.
``(h) Penalties.--A person violating this section shall be fined
under this title, imprisoned not more than 15 years, or both.''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 18, United States Code, is amended by adding at the end the
following:
``Sec. 2285. Operation of submersible or semi-submersible vessel
without nationality.''.
SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly or intentionally operating by any
means or embarking in any submersible or semi-submersible vessel as
defined in section 3.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described
in section 3 and the need for deterrence to prevent such
offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible or semi-submersible
vessels described in section 3 to facilitate other
felonies;
(B) the repeated use of submersible or semi-
submersible vessel described in section 3 to facilitate
other felonies, including whether such use is part of
an ongoing commercial organization or enterprise;
(C) whether the use of submersible or semi-
submersible vessel involves a pattern of continued and
flagrant violations;
(D) whether the persons operating or embarking in a
submersible or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) currently provide
sentencing enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code. | Drug Trafficking Interdiction Assistance Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for the intentional operation of, or for embarking in, any submersible or semi-submersible vessel that is without nationality (as defined by federal law) and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country with the intent to evade detection.
Directs the United States Sentencing Commission to amend or promulgate sentencing guidelines to provide adequate penalties for such offense. | billsum_train |
Make a brief summary of the following text: SECTION 1. TEMPORARY WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price;
qualified investment.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any integrated oil company (as
defined in section 291(b)(4)) an excise tax equal to 50 percent of the
windfall profit from all barrels of taxable crude oil removed from the
property during taxable years beginning in 2005.
``(b) Fractional Part of Barrel.--In the case of a fraction of a
barrel, the tax imposed by subsection (a) shall be the same fraction of
the amount of such tax imposed on the whole barrel.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil.
``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of the barrel
of taxable crude oil over the adjusted base price of such barrel.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means the amount for which
the barrel of taxable crude oil is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil removed from property before sale.--If crude oil
is removed from the property before it is sold, the removal
price shall be the constructive sales price for purposes of
determining gross income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``(c) Adjusted Base Price Defined.--For purposes of this chapter,
the term `adjusted base price' means $40 for each barrel of taxable
crude oil.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS .
``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896 on any taxable crude oil.
``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information (to the Secretary and to other persons having an
interest in the taxable crude oil) with respect to such oil as the
Secretary may by regulations prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
``(d) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil.
``(2) Crude oil.--
``(A) In general.--The term `crude oil' includes
crude oil condensates and natural gasoline.
``(B) Exclusion of newly discovered oil.--Such term
shall not include any oil produced from a well drilled
after the date of the enactment of the chapter, except
with respect to any oil produced from a well drilled
after such date on any proven oil or gas property
(within the meaning of section 613A(c)(9)(A)).
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(e) Adjustment of Removal Price.--In determining the removal
price of oil from a property in the case of any transaction, the
Secretary may adjust the removal price to reflect clearly the fair
market value of oil removed.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56. Temporary Windfall Profit on Crude Oil.''.
(c) Deductibility of Windfall Profit Tax.--The first sentence of
section 164(a) of the Internal Revenue Code of 1986 (relating to
deduction for taxes) is amended by inserting after paragraph (5) the
following new paragraph:
``(6) The windfall profit tax imposed by section 5896.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning in 2005.
SEC. 2. HOUSEHOLD REBATE.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application in the case of
abatements, credits, and refunds) is amended by adding at the end the
following new section:
``SEC. 6430. HOUSEHOLD REBATE.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for the taxable year beginning in 2005 in an
amount equal to $450.
``(b) Remittance of Payment.--The Secretary shall remit to each
taxpayer the payment described in subsection (a) not later than March
1, 2006.
``(c) Certain Persons Not Eligible.--This section shall not apply
to--
``(1) any taxpayer who did not have any adjusted gross
income for the preceding taxable year or whose adjusted gross
income for such preceding taxable year exceeded $40,000,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for the taxable
year beginning in 2005,
``(3) any estate or trust, or
``(4) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or from
section 6430''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6430. Household rebate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to: (1) impose an excise tax on integrated oil companies for 50% of their windfall profit from the sale of all barrels of taxable crude oil for taxable years beginning in 2005; (2) allow a tax deduction for the payment of any such windfall profit tax; and (3) grant certain individual taxpayers with adjusted gross incomes not exceeding $40,000 an income tax rebate of $450. Requires payment of such rebate not later than March 1, 2006.
Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the adjusted base price ($40 per barrel) of such barrel. | billsum_train |
Provide a summary of the following text: SECTION 1. GENERAL ACCOUNTING OFFICE TECHNOLOGY ASSESSMENTS.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) it is important for Congress to be better
informed regarding the impact of technology on matters
of public concern, including implications for economic,
national security, social, scientific, and other
national policies and programs;
(B) on a pilot basis, the General Accounting Office
has demonstrated a capacity to perform independent and
objective technology assessments for Congress; and
(C) the development of a cost-effective and
efficient capacity for timely and deliberate technology
assessments by the General Accounting Office requires
the commitment of additional resources and
administrative flexibility given the current resource
constraints of the General Accounting Office.
(2) Purposes.--The purposes of this Act are to--
(A) direct the establishment of a technology
assessment capability in the General Accounting Office;
(B) ensure the quality of such technology
assessments in order to enhance the ability of Congress
to address complex technical issues in a more timely
and effective manner; and
(C) condition the development of a technology
assessment capability in the General Accounting Office
on the provision of adequate additional resources and
administrative flexibility.
(b) Technology Assessments.--Chapter 7 of title 31, United States
Code, is amended by inserting after section 720 the following:
``Sec. 721. Technology assessments
``(a) The General Accounting Office shall establish a technology
assessment capability to coordinate and prepare information for
Congress relating to the policy implications of applications of
technology.
``(b) The Comptroller General may establish standards and
procedures to govern technology assessments performed under this
section as the Comptroller General determines necessary.
``(c) Technology assessments performed under this section shall--
``(1) provide Congress with timely and objective
information to contribute to legislative consideration of
technology applications and their policy implications,
including thorough reports, in-depth studies, and short-term
consultations;
``(2) be undertaken by the Comptroller General with special
attention to the technical expertise and policy analysis skills
needed to perform a prospective assessment of technology
applications and policy implications;
``(3) be designed, to the extent practicable, to review an
application of technology to an issue of public interest,
including consideration of benefits, cost, and risks from such
technology; and
``(4) include peer review by persons and organizations of
appropriate expertise.
``(d) In performing technology assessments, the Comptroller General
shall be properly apprised of Federal and non-Federal entities
providing information to Congress to--
``(1) enable effective coverage of critical issues; and
``(2) avoid duplication of effort.
``(e) Technology assessments performed under this section may be
initiated as provided under section 717(b).
``(f)(1) In consultation with the National Academy of Sciences, the
Comptroller General shall establish a technology assessment advisory
panel to provide advice on technology assessments performed under this
section, methodologies, possible subjects of study, and the means of
improving the quality and timeliness of technology assessment services
provided to Congress.
``(2) The advisory panel shall consist of 5 members, who by reason
of professional background and experience, are specially qualified to
advise on technology assessments.
``(3) Terms on the advisory panel shall--
``(A) be for a period of 2 years; and
``(B) begin on January 1, on each year in which a new
Congress is convened.
``(4) Notwithstanding section 1342, for the purposes of
establishing a technology assessment advisory panel, the Comptroller
General may accept and use voluntary and uncompensated services (except
for reimbursement of travel expenses). Individuals providing such
voluntary and uncompensated services shall not be considered Federal
employees, except for purposes of chapter 81 of title 5 and chapter 171
of title 28.
``(g)(1) In order to gain access to technical knowledge, skills,
and expertise necessary for a technology assessment performed under
this section, the Comptroller General may utilize individuals and enter
into contracts or other arrangements to acquire needed expertise with
any agency or instrumentality of the United States, with any State,
territory, or possession or any political subdivision thereof, or with
any person, firm, association, corporation, or educational institution.
``(2) Contracts and other arrangements under this subsection may be
entered into--
``(A) with or without reimbursement; and
``(B) without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5) or section 3324 of this title.
``(h) The Comptroller General shall submit to Congress an annual
report on technology assessment activities of the General Accounting
Office.
``(i)(1) There are authorized to be appropriated to the General
Accounting Office to carry out the activities described in this
section, $2,000,000 for each of fiscal years 2004, 2005, and 2006.
``(2) Technology assessments under this section may not be
performed during fiscal years 2004, 2005, and 2006, unless a sufficient
annual appropriation is provided for such fiscal years.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 720 the following:
``721. Technology assessments.''. | Requires the General Accounting Office (GAO) to establish a technology assessment capability to coordinate and prepare information for Congress relating to the policy implications of applications of technology.
Provides for technology assessments performed under this Act to: (1) provide Congress with timely and objective information to contribute to legislative consideration of technology applications and their policy implications; (2) be undertaken by the Comptroller General with special attention to the technical expertise and policy analysis skills needed to perform a prospective assessment of technology applications and policy implications; (3) be designed to review an application of technology to an issue of public interest; and (4) include peer review by persons and organizations of appropriate expertise.
Instructs the Comptroller General, in performing technology assessments, to be properly apprised of Federal and non-Federal entities providing information to Congress to: (1) enable effective coverage of critical issues; and (2) avoid duplication of effort.
Directs the Comptroller General, in consultation with the National Academy of Sciences, to establish a technology assessment advisory panel to provide advice on such technology assessments, methodologies, possible subjects of study, and the means of improving the quality and timeliness of technology assessment services provided to Congress.
Allows the Comptroller General to utilize individuals and enter into contracts or other arrangements to acquire needed expertise.
Requires the Comptroller General to submit annual reports to Congress on GAO's technology assessment activities. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Permit Process Schedule
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who is seeking a
Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery; and
(B) includes any permits, licenses, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel; and
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a governor of a State, the
Administrator is authorized to provide financial assistance to that
State to facilitate the hiring of additional personnel to assist the
State with expertise in fields relevant to consideration of Federal
refinery authorizations.
(b) Other Assistance.--At the request of a governor of a State, a
Federal agency responsible for a Federal refinery authorization shall
provide technical, legal, or other nonfinancial assistance to that
State to facilitate its consideration of Federal refinery
authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--Not later than 30 days after
receiving a notification from an applicant that the applicant
is seeking a Federal refinery authorization pursuant to Federal
law, the Federal coordinator appointed under subsection (a)
shall convene a meeting of representatives from all Federal and
State agencies responsible for a Federal refinery authorization
with respect to the refinery. The governor of a State shall
identify each agency of that State that is responsible for a
Federal refinery authorization with respect to that refinery.
(2) Memorandum of agreement.--(A) Not later than 90 days
after receipt of a notification described in paragraph (1), the
Federal coordinator and the other participants at a meeting
convened under paragraph (1) shall establish a memorandum of
agreement setting forth the most expeditious coordinated
schedule possible for completion of all Federal refinery
authorizations with respect to the refinery, consistent with
the full substantive and procedural review required by Federal
law. If a Federal or State agency responsible for a Federal
refinery authorization with respect to the refinery is not
represented at such meeting, the Federal coordinator shall
ensure that the schedule accommodates those Federal refinery
authorizations, consistent with Federal law. In the event of
conflict among Federal refinery authorization scheduling
requirements, the requirements of the Environmental Protection
Agency shall be given priority.
(B) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
(C) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate the
maintenance of the schedule established therein.
(c) Consolidated Record.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and officials,
maintain a complete consolidated record of all decisions made or
actions taken by the Federal coordinator or by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review
under subsection (d) of decisions made or actions taken by Federal and
State administrative agencies and officials, except that, if the Court
determines that the record does not contain sufficient information, the
Court may remand the proceeding to the Federal coordinator for further
development of the consolidated record.
(d) Remedies.--
(1) In general.--The United States District Court for the
district in which the proposed refinery is located shall have
exclusive jurisdiction over any civil action for the review of
the failure of an agency or official to act on a Federal
refinery authorization in accordance with the schedule
established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that such failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--If an action is brought under paragraph
(2), the Court shall review whether the parties to the
memorandum of agreement have been acting in good faith, whether
the applicant has been cooperating fully with the agencies that
are responsible for issuing a Federal refinery authorization,
and any other relevant materials in the consolidated record.
Taking into consideration those factors, if the Court finds
that a failure to act described in paragraph (1) has occurred,
and that such failure to act would jeopardize timely completion
of the entire schedule as established in the memorandum of
agreement, the Court shall establish a new schedule that is the
most expeditious coordinated schedule possible for completion
of preceedings, consistent with the full substantive and
procedural review required by Federal law. The court may issue
orders to enforce any schedule it establishes under this
paragraph.
(4) Federal coordinator's action.--When any civil action is
brought under this subsection, the Federal coordinator shall
immediately file with the Court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, as potentially
suitable for the construction of a refinery. At least 1 such site shall
be designated as potentially suitable for construction of a refinery to
refine biomass in order to produce biofuel.
(b) Redevelopment Authority.--The redevelopment authority for each
installation designated under subsection (a), in preparing or revising
the redevelopment plan for the installation, shall consider the
feasibility and practicability of siting a refinery on the
installation.
(c) Management and Disposal of Real Property.--The Secretary of
Defense, in managing and disposing of real property at an installation
designated under subsection (a) pursuant to the base closure law
applicable to the installation, shall give substantial deference to the
recommendations of the redevelopment authority, as contained in the
redevelopment plan for the installation, regarding the siting of a
refinery on the installation. The management and disposal of real
property at a closed military installation or portion thereof found to
be suitable for the siting of a refinery under subsection (a) shall be
carried out in the manner provided by the base closure law applicable
to the installation.
(d) Definitions.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed to affect the application of
any environmental or other law, or to prevent any party from bringing a
cause of action under any environmental or other law, including citizen
suits.
SEC. 7. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed.
Passed the House of Representatives June 7, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, to provide financial assistance to hire additional personnel to assist the state with expertise in fields relevant to consideration of federal refinery authorizations.
Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, technical, legal, or other nonfinancial assistance to facilitate state consideration of such authorizations.
Directs the President to appoint a federal coordinator to facilitate such authorizations.
Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations.
Grants the U.S. District Court for the district in which the proposed refinery is located exclusive jurisdiction over any civil action for the review of the failure of an agency or official to act on a federal refinery authorization in accordance with the schedule established pursuant to the memorandum of agreement. Requires expedited review of the civil action.
Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel.
Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such installation, to consider the feasibility and practicability of siting a refinery on it.
Amends the Energy Policy Act of 2005 to repeal its requirements for refinery revitalization. | billsum_train |
Give a brief overview of the following text: SECTION 1. FINDINGS.
Congress, through section 126 of the General Provisions for the
U.S. Department of the Interior within appendix C of the Consolidated
Appropriations Act for Fiscal Year 2000, Public Law 106-113, directed
the Secretary of the Interior to designate Midway Atoll as a National
Memorial to the Battle of Midway. In so doing, Congress intended that
Midway Atoll be preserved as a memorial to the honor and courage of
members of the U.S. Armed Forces who participated in the critical
battle that was the turning point of the war in the Pacific during
World War II. The designation was accomplished via Order 3217 by the
Secretary of the Interior on September 13, 2000. Order 3217 designated
the U.S. Fish and Wildlife Service (USFWS) as the agency responsible
for the development of the National Memorial.
In reviewing the performance of the USFWS in exercising its
responsibilities with regard to Midway Atoll and the National Memorial
thereon, the Senate has made the following findings:
(1) The intent of Congress in directing that Midway Atoll
be designated as a National Memorial to the Battle of Midway
has not been properly implemented by the USFWS.
(2) Matters of historic preservation and military history
have been subjugated to those of the Midway Atoll National
Wildlife Refuge, without proper balance.
(3) Public Law 106-113, appendix C, section 126, required
the Secretary of the Interior to consult with the International
Midway Memorial Foundation on the management of the National
Memorial. The Secretary has failed to do so.
(4) The airfield on Midway Atoll is an important asset for
the military and civilian aircraft as an emergency airfield for
refueling and emergencies in the northern Pacific. It is
important that the airfield be maintained in a functional
state.
(5) From 1996 to 2002, the USFWS had a cooperative
relationship with a private contractor under which the
contractor provided logistical support at Midway Atoll,
including operation and maintenance of the airfield, at no cost
to the Federal Government.
(6) Apparently because of the restrictive policies of the
USFWS, the cooperative relationship with the private contractor
has been terminated. Currently, the Federal Government is
paying approximately $8 million annually to maintain Midway
Atoll. This includes only minimal availability of the airfield.
All commercial flights have been halted. There is no longer
effective public access to Midway, rendering virtually
meaningless the designation of Midway Atoll as a National
Memorial. Infrastructure support has been significantly
reduced.
(7) It is important that current and future generations
have access to those sites associated with the great military
events in U.S. history. Midway Atoll is one such site. The
Battle of Midway is widely regarded by historians as the
turning point of World War II in the Pacific and arguably the
most pivotal engagement of the entire war. Despite Midway's
remote location, the Federal Government must do everything in
its power to permit public access to the site and properly
commemorate its designation as a National Memorial. To date,
the Government has done neither.
(8) Subsequent to the designation of Midway Atoll as a
National Memorial, neither the Department of the Interior nor
any other agency of the Federal Government has erected any
signage, display, a monument or indication of any sort
whatsoever that Midway has been designated as a National
Memorial to the Battle of Midway.
(9) Moreover, USFWS appears to have made no effort on
Midway Atoll to offer any kind of historical interpretation or
information on the Battle of Midway and its significance, or to
document the location and significance of the World War II
airfield or infrastructure.
(10) In early February 2003, a spill of approximately
100,000 gallons of jet fuel occurred at Sand Island on Midway
Atoll. Although it appears the cause was a corroded piece of
equipment, at the time of the spill only one contract employee
was on-site to maintain and manage the fuel farm. The cost of
cleanup and remediation is estimated at $4.7 million.
SEC. 2. REVIEW OF ADMINISTRATION AND DESIGNATION OF REPLACEMENT AGENCY
BY SECRETARY OF THE INTERIOR.
(a) Review.--Upon enactment of this Act, the Secretary of the
Interior shall conduct a review of the administration of Midway Atoll
and the designation of the Atoll as a National Memorial. As part of
such review, the Secretary shall consult with the International Midway
Memorial Foundation and other interested parties. The Secretary shall
report the results of such review to the appropriate committees of the
Senate and House of Representatives.
(b) Replacement of Administering Agency.--Within 90 days of
enactment of this Act, the Secretary shall designate another agency to
replace the USFWS as administrator of Midway Atoll and developer of the
National Memorial thereon.
SEC. 3. STATUS OF THE NATIONAL MEMORIAL.
It is the intention of Congress that:
(1) The National Memorial on Midway Atoll be given equal
consideration with concerns over the preservation of wildlife
in all matters related to the administration, development and
preservation of the Atoll.
(2) Midway's airport remain in use as an alternative
emergency site in order to ensure the safety of civilian and
military aircraft in the northern Pacific region.
(3) The public continue to have meaningful access to the
Atoll so as to experience and benefit from its status as both a
National Memorial to the Battle of Midway and a National
Wildlife Refuge. The Secretary shall provide for such public
access in the most cost-effective manner.
(4) The fact that Midway Atoll is a National Memorial to
the Battle of Midway be properly displayed on Midway, and that
appropriate historical documentation be given to those aspects
of Midway's infrastructure deemed to be of historical
significance.
(5) Interested organizations such as the International
Midway Memorial Foundation shall be consulted on a regular
basis on matters relating to the National Memorial. | Directs the Secretary of the Interior to: (1) review and report to the appropriate congressional committees on the administration of Midway Atoll and the designation of the Atoll as a National Memorial; and (2) designate another agency to replace the U.S. Fish and Wildlife Service as administrator of Midway Atoll and developer of the Memorial.
Declares the intention of Congress that: (1) the National Memorial on Midway Atoll be given equal consideration with concerns over the preservation of wildlife in all matters related to the administration, development and preservation of the Atoll; (2) Midway's airport remain in use as an alternative emergency site in order to ensure the safety of civilian and military aircraft in the northern Pacific region; and (3) the public continue to have meaningful access to the Atoll so as to experience and benefit from its status as both a National Memorial to the Battle of Midway and a National Wildlife Refuge. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congo Basin Forest Partnership Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The tropical forests of the Congo Basin, located in the
Central African countries of Cameroon, the Central African
Republic, the Democratic Republic of the Congo, Equatorial Guinea,
Gabon, the Republic of Congo, Rwanda, Burundi, and Sao Tome/
Principe, are second in size only to the tropical forests of the
Amazon Basin.
(2) These forests are a crucial economic resource for the
people of the Central African region.
(3) Congo Basin forests play a critical role in sustaining the
environment--absorbing carbon dioxide, cleansing water, and
retaining soil.
(4) Congo Basin forests contain the most diverse grouping of
plants and animals in Africa, including rare and endangered
species, such as the lowland gorilla, mountain gorilla, chimpanzee,
and okapi. These plants and animals are invaluable for many
reasons, including their genetic and biochemical information, which
could spark advances in medical, agricultural, and industrial
technology.
(5) Logging operations, driven by a growing global demand for
tropical hardwoods, are shrinking these forests. One estimate has
logging taking out Congo Basin forest area at a rate of twice the
size of the State of Rhode Island every year.
(6) The construction of logging roads and other developments
are putting intense hunting pressure on wildlife. At current
hunting levels, most species of apes and other primates, large
antelope, and elephants will disappear from the Congo Basin, with
some becoming extinct.
(7) If current deforestation and wildlife depletion rates are
not reversed, the six countries of the Congo Basin most
immediately, but also the world, will pay an immense economic,
environmental, and cultural price.
(8) The United States has an interest in seeing political
stability and economic development advance in the Congo Basin
countries. This interest will be adversely impacted if current
deforestation and wildlife depletion rates are not reversed.
(9) Poorly managed and nonmanaged logging and hunting threatens
to do to the Congo Basin what it did to West Africa, which lost
much of its forest and wildlife through over-exploitation.
(10) Purged of wildlife, some Congo Basin forests already are
``empty forests''.
(11) In an attempt to conserve the forests of the Congo Basin,
the region's governments convened the Yaounde (Cameroon) Forest
Summit in March 1999.
(12) In September 2002, Secretary of State Colin Powell
launched the Congo Basin Forest Partnership (CBFP) in Johannesburg,
South Africa. The CBFP promotes the conservation and sustainable
use of the region's forests, for example, by working to combat
poaching, illegal logging, and other unsustainable practices, and
giving local populations an economic stake in the preservation of
the forests, including through the development of ecotourism.
(13)(A) The United States contribution to the CBFP will focus
on conserving 11 key landscapes in 6 countries--Cameroon, the
Central African Republic, the Democratic Republic of the Congo,
Equatorial Guinea, Gabon, and the Republic of Congo--identified at
the Yaounde Forest Summit as being of the greatest biological
importance to the region.
(B) The United States will fund field-based activities within
these 25,000,000 acres that aim to support a network of 27 national
parks and protected areas and well-managed forestry concessions.
(C) In this way, the work will build on existing United States
efforts, including those of the Central African Regional Program
for the Environment (CARPE) of the United States Agency for
International Development, which will implement the CBFP.
(14) The CBFP has broad international financial support,
including from non-African governments, the European Commission,
the International Bank for Reconstruction and Development, and
numerous nongovernment organizations.
(15) A dramatic step toward conserving Congo Basin forests has
recently been taken by Gabon. In September 2002, President Omar
Bongo announced the creation of 13 national parks, representing
over 10 percent of Gabon's surface area. Previously, Gabon had no
national park system.
(16) With the CBFP and other initiatives, there exists
unprecedented momentum for the conservation of Congo Basin forests.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President to carry out the Congo Basin Forest Partnership (CBFP)
program $18,600,000 for fiscal year 2004.
(b) CARPE.--Of the amounts appropriated pursuant to the
authorization of appropriations in subsection (a), $16,000,000 is
authorized to be made available to the Central Africa Regional Program
for the Environment (CARPE) of the United States Agency for
International Development.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Congo Basin Forest Partnership Act of 2004 - Authorizes appropriations to the President for FY 2004 to carry out the Congo Basin Forest Partnership (CBFP) program (which promotes the conservation and sustainable use of the forests of the Congo Basin by working to combat poaching, illegal logging, and other unsustainable practices and giving local populations an economic stake in the preservation of the forests, including through the development of ecotourism).
Earmarks most of such funds for the Central Africa Regional Program for the Environment (CARPE) of the United States Agency for International Development (USAID). | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Debt Collection Abuse Act of
2015''.
SEC. 2. DEFINITIONS.
Section 803 of the Fair Debt Collection Practices Act (15 U.S.C.
1692a) is amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) The term `debt' means--
``(A) any obligation or alleged obligation of a
consumer to pay money arising out of a transaction in
which the money, property, insurance, or services which
are the subject of the transaction are primarily for
personal, family, or household purposes, whether or not
such obligation has been reduced to judgment; or
``(B) any obligation or alleged obligation of a
consumer--
``(i) to pay a loan, an overpayment, a
fine, penalty, a fee, or other money to a
Federal agency; and
``(ii) that is not less than 180 days past
due.
``(6) The term `debt collector' means any person who--
``(A) uses any instrumentality of interstate
commerce or the mails in any business the principal
purpose of which is the collection of any debts;
``(B) regularly collects or attempts to collect,
directly or indirectly, by its own means or by hiring
another debt collector, debts owed or due or asserted
to be owed or due another or that have been purchased
from another; or
``(C) regularly collects debts owed or allegedly
owed to a Federal agency.''.
SEC. 3. DEBT COLLECTION PRACTICES FOR DEBT COLLECTORS HIRED BY
GOVERNMENT AGENCIES.
The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is
amended by inserting after section 812 (15 U.S.C. 1692j) the following:
``Sec. 812A. Debt collection practices for debt collectors hired by
Federal agencies
``(a) Limitation on Time To Turn Debt Over to Debt Collector.--A
Federal agency that is a creditor may sell or transfer a debt described
in section 803(5)(B) to a debt collector not earlier than 180 days
after the date on which the obligation or alleged obligation arises.
``(b) Required Notice.--
``(1) In general.--Before transferring or selling a debt
described in section 803(5)(B) to a debt collector or
contracting with a debt collector to collect such a debt, a
Federal agency shall notify the consumer not fewer than 3 times
that the Federal agency will take such action.
``(2) Frequency of notifications.--The second and third
notifications described in paragraph (1) shall be made not less
than 30 days after the date on which the previous notification
is made.''.
SEC. 4. UNFAIR PRACTICES.
Section 808 of the Fair Debt Collection Practices Act (15 U.S.C.
1692f) is amended by striking paragraph (1) and inserting the
following:
``(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation)
unless--
``(A) such amount is expressly authorized by the
agreement creating the debt or permitted by law; or
``(B) in the case of any amount charged by a debt
collector collecting a debt for a Federal agency, such
amount is--
``(i) reasonable in relation to the actual
costs of the collection;
``(ii) authorized by a contract between the
debt collector and the Federal agency; and
``(iii) not greater than 10 percent of the
amount collected by the debt collector.''.
SEC. 5. GAO STUDY AND REPORT.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Comptroller General of the United States shall commence a
study on the use of debt collectors by State and local government
agencies, including--
(1) the powers given to the debt collectors by State and
local government agencies;
(2) the contracting process that allows a State or local
government agency to award debt collection to a certain
company, including the selection process;
(3) any fees charged to debtors in addition to principal
and interest on the outstanding debt;
(4) how the fees described in paragraph (3) vary from State
to State;
(5) consumer protection at the State level that offer
recourse to those whom debts have been wrongfully attributed;
(6) the revenues received by debt collectors from State and
local government agencies;
(7) the amount of any revenue sharing agreements between
debt collectors and State and local government agencies;
(8) the difference in debt collection procedures across
geographic regions, including the extent to which debt
collectors pursue court judgments to collect debts; and
(9) any legal immunity or other protections given to the
debt collectors hired by State and local government agencies,
including whether the debt collectors are subject to the Fair
Debt Collection Practices Act (15 U.S.C. 1692 et seq.).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report on the completed study required under subsection (a). | Stop Debt Collection Abuse Act of 2015 This bill amends the Fair Debt Collection Practices Act to redefine: (1) "debt" to include any obligation or alleged obligation of a consumer to pay a loan, an overpayment, a fine, penalty, a fee, or other money to a federal agency and that is at least 180 days past due; and (2) "debt collector" to include any person who regularly collects debts owed or allegedly owed to a federal agency. A federal agency that is a creditor may sell or transfer a debt to a debt collector beginning 180 days after the obligation or alleged obligation arises. The Act is further amended by making the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) an unfair practice unless: the amount is expressly authorized by the agreement creating the debt or permitted by law (as under current law); or in the case of a debt owed a federal agency, the collection charge is reasonable in relation to actual collection costs, is authorized by a contract between the debt collector and the federal agency, and does not exceed 10% of the amount the debt collector collects. The Government Accountability Office must study the use of debt collectors by state and local government agencies. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Four Rationers Repeal Act of 2014''.
SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD.
Effective as of the enactment of the Patient Protection and
Affordable Care Act (Public Law 111-148), sections 3403 and 10320 of
such Act (including the amendments made by such sections) are repealed,
and any provision of law amended by such sections is hereby restored as
if such sections had not been enacted into law.
SEC. 3. REPEAL OF THE CENTER FOR MEDICARE AND MEDICAID INNOVATION.
(a) In General.--Section 1115A of the Social Security Act (42
U.S.C. 1315a) is repealed.
(b) Conforming Amendments.--
(1) Title xviii of ssa.--Section 1899(b)(4) of the Social
Security Act (42 U.S.C. 1395jjj(b)(4)) is amended by striking
``any of the following'' and all that follows through the
period at the end of subparagraph (B) and inserting ``the
independence at home medical practice pilot program under
section 1866E.''.
(2) Title xix of ssa.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (79), by adding ``and'' after the
semicolon at the end;
(B) in paragraph (80), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (81).
(3) PHSA.--Section 933 of the Public Health Service Act (42
U.S.C. 299b-33) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(4) PPACA.--The Patient Protection and Affordable Care Act
(Public Law 111-148) is amended--
(A) in section 2705 (42 U.S.C. 1315a note)--
(i) in subsection (a), by striking ``shall,
in coordination'' and that follows through
``establish'' and inserting ``shall
establish''; and
(ii) in subsection (d)(2), by striking
``section 1115A(b)(3) of the Social Security
Act (as so added)'' and inserting ``the Social
Security Act''; and
(B) in section 10328(b) (42 U.S.C. 1395w-104 note),
by striking ``or to study'' and all that follows
through ``3021''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 4. REPEAL OF CERTAIN UNITED STATES PREVENTIVE SERVICES TASK FORCE
AUTHORITY.
(a) Authority To Determine Benefits.--Section 2713(a) of the Public
Health Service Act (42 U.S.C. 300gg-13(a)) is amended--
(1) by striking paragraph (1);
(2) in paragraph (3), by striking ``not described in
paragraph (1)''; and
(3) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(b) Repeal of Community Preventive Services Task Force.--Section
4003 of the Patient Protection and Affordable Care Act (Public Law 111-
148) is repealed and the provisions of the Public Health Service Act
amended by such section are restored or revived as if such section 4003
had not been enacted.
SEC. 5. PROHIBITION ON CERTAIN USES OF DATA OBTAINED FROM COMPARATIVE
EFFECTIVENESS RESEARCH; ACCOUNTING FOR PERSONALIZED
MEDICINE AND DIFFERENCES IN PATIENT TREATMENT RESPONSE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services--
(1) shall not use data obtained from the conduct of
comparative effectiveness research, including such research
that is conducted or supported using funds appropriated under
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or authorized or appropriated under the Patient
Protection and Affordable Care Act (Public Law 111-148), to
deny or delay coverage of an item or service under a Federal
health care program (as defined in section 1128B(f) of the
Social Security Act (42 U.S.C. 1320a-7b(f))); and
(2) shall ensure that comparative effectiveness research
conducted or supported by the Federal Government accounts for
factors contributing to differences in the treatment response
and treatment preferences of patients, including patient-
reported outcomes, genomics and personalized medicine, the
unique needs of health disparity populations, and indirect
patient benefits.
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the authority of the Commissioner of Food and
Drugs under the Federal Food, Drug, and Cosmetic Act or the Public
Health Service Act. | Four Rationers Repeal Act of 2014 - Repeals sections of the Patient Protection and Affordable Care (PPACA) (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider. Amends title XI of the Social Security Act to repeal provisions establishing the Center for Medicare and Medicaid Innovation. Amends the Public Health Service Act, with respect to coverage of preventive health services by a group health plan or health insurance issuer, to repeal provisions that prohibit cost sharing requirements for evidence-based items or services that have in effect a rating of "A" or "B" in the current recommendations of the United States Preventive Services Task Force. (Such ratings are based upon determinations of net benefit by the Task Force.) Repeals PPACA requirements that: (1) the Director of the Agency for Healthcare Research and Quality convene an independent Preventive Services Task Force, and (2) the Director of the Centers for Disease Control and Prevention (CDC) convene an independent Community Preventive Services Task Force. Restores provisions of law amended by such provisions. Prohibits the Secretary of Health and Human Services (HHS) from using data obtained from comparative effectiveness research, including any conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (ARRA) or authorized or appropriated under the Patient Protection and Affordable Care Act, to deny or delay coverage of an item or service under a federal health care program. Requires the Secretary to ensure that comparative effectiveness research conducted or supported by the federal government accounts for factors contributing to differences in the treatment response and preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our National Parks
Transportation Act''.
SEC. 2. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 206 the following:
``Sec. 207. Nationally significant Federal lands and tribal projects
program
``(a) Purpose.--The Secretary of Transportation shall establish a
nationally significant Federal lands and tribal projects program to
provide funding to construct, reconstruct, or rehabilitate nationally
significant Federal lands and tribal transportation projects.
``(b) Eligibility.--
``(1) In general.--Except as specified in paragraph (2), an
entity eligible to receive funds under sections 201, 202, 203
and 204 of this title is eligible to receive funds under this
section.
``(2) Special rule.--A State, county or local government is
eligible to receive funds under this section if such government
is sponsored by an eligible Federal land management agency or
Indian tribe.
``(c) Application.--To be eligible to receive funds under this
section, an entity shall submit to the Secretary an application in such
form and in accordance with such requirements as the Secretary may
establish.
``(d) Project Requirements.--An eligible project under this section
shall be a single continuous project--
``(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a tribal
transportation facility, except that such facility is not
required to be included on an inventory as described under
section 202 or 203;
``(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), has been demonstrated through a record of decision with
respect to the project, a finding that the project has no
significant impact, or a determination that the project is
categorically excluded; and
``(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,000,
with priority consideration given to projects with an estimated
cost equal to or exceeding $50,000,000.
``(e) Use of Funds.--An applicant receiving funds under this
section may only use such funds for construction, reconstruction, and
rehabilitation activities, except that activities related to project
design are not eligible.
``(f) Selection Criteria.--In selecting a project to receive funds
under this section the Secretary shall consider the extent to which the
project--
``(1) furthers goals of the Department of Transportation,
including state of good repair, environmental sustainability,
economic competitiveness, quality of life, and safety;
``(2) improves the condition of critical multimodal
transportation facilities;
``(3) needs construction, reconstruction, or
rehabilitation;
``(4) is included in or eligible for inclusion in the
National Register of Historic Places;
``(5) enhances environmental ecosystems;
``(6) uses new technologies and innovations that enhance
the efficiency of the project;
``(7) is supported by funds other than those received under
this title to construct, maintain, and operate the facility;
``(8) spans 2 or more States; and
``(9) serves lands owned by multiple Federal agencies or
Indian tribes.''.
(b) Conforming Amendments.--
(1) Availability of funds.--Section 201(b) of such title is
amended--
(A) in paragraph (1) by inserting ``nationally
significant Federal lands and tribal projects
program,'' after ``Federal lands transportation
program,'';
(B) in paragraph (4)(A) by inserting ``nationally
significant Federal lands and tribal projects
program,'' after ``Federal lands transportation
program,''; and
(C) in paragraph (7) by adding at the end the
following--
``(C) Nationally significant federal lands and
tribal projects program.--The Federal share of the cost
of a project carried out under the nationally
significant Federal lands and tribal projects program
may be up to 100 percent.''.
(2) Planning.--Section 201(c)(3) of such title is amended
by inserting ``nationally significant Federal lands and tribal
projects program'' after ``Federal lands transportation
program,'' the first time it appears.
(3) Analysis.--The analysis for chapter 2 of such title is
amended by inserting after the item related to 206 the
following:
``207. Nationally significant Federal lands and tribal projects
program.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Nationally significant federal lands and tribal
projects program.--For the Nationally significant Federal lands
and tribal projects program under section 207 of title 23,
United States Code, $150,000,000 for each of fiscal years 2016
through 2021.
(2) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $520,000,000 for each of fiscal years 2016
through 2021, of which $460,000,000 of the amount made
available for each fiscal year shall be the amount for the
National Park Service and $30,000,000 of the amount made
available for each fiscal year shall be the amount for the
United States Fish and Wildlife Service.
(b) Availability.--Funds authorized by this section shall be
available on October 1 of the fiscal year for which the funds are
authorized and subject to any obligation limitation on Federal-aid
highways and highway safety construction programs. | Save Our National Parks Transportation Act Directs the Secretary of Transportation to establish a nationally significant federal lands and tribal projects program to fund construction, reconstruction, or rehabilitation of nationally significant federal lands and tribal transportation projects. The federal share of project costs may be up to 100%. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Energy Bank Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) energy conservation is a cornerstone of national energy
security policy;
(2) the Federal Government is the largest consumer of
energy in the economy of the United States;
(3) many opportunities exist for significant energy cost
savings within the Federal Government; and
(4) to achieve the energy savings required by Executive
Order, the Federal Government must make significant investments
in energy savings systems and products, including energy
management control systems.
(b) Purpose.--The purpose of this Act is to promote energy
conservation investments in Federal facilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means--
(A) an Executive agency (as defined in section 105
of title 5, United States Code, except that the term
also includes the United States Postal Service);
(B) Congress and any other entity in the
legislative branch; and
(C) a court and any other entity in the judicial
branch.
(2) Bank.--The term ``Bank'' means the Federal Energy Bank
established by section 4.
(3) Energy efficiency project.--The term ``energy
efficiency project'' means a project that assists an agency in
meeting or exceeding the energy efficiency requirements of--
(A) part 3 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8251 et seq.);
(B) subtitle F of title I of the Energy Policy Act
of 1992 and the amendments made by that subtitle (106
Stat. 2843); and
(C) applicable Executive orders, including
Executive Order Nos. 12759 and 12902.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Total utility payments.--The term ``total utility
payments'' means payments made to supply electricity, natural
gas, and any other form of energy to provide the heating,
ventilation, air conditioning, lighting, and other energy needs
of an agency facility.
SEC. 4. ESTABLISHMENT OF BANK.
(a) In General.--There is established in the Treasury of the United
States a trust fund to be known as the ``Federal Energy Bank'',
consisting of--
(1) such amounts as are appropriated to the Bank under
section 8;
(2) such amounts as are transferred to the Bank under
subsection (b);
(3) such amounts as are repaid to the Bank under section
5(b)(4); and
(4) any interest earned on investment of amounts in the
Bank under subsection (c).
(b) Transfers to Bank.--
(1) In general.--At the beginning of each of fiscal years
2002, 2003, and 2004, each agency shall transfer to the
Secretary of the Treasury, for deposit in the Bank, an amount
equal to 5 percent of the total utility payments paid by the
agency in the preceding fiscal year.
(2) Utilities paid for as part of rental payments.--The
Secretary shall by regulation establish a formula by which the
appropriate portion of a rental payment that covers the cost of
utilities shall be considered to be a utility payment for the
purposes of paragraph (1).
(c) Investment of Funds.--The Secretary of the Treasury shall
invest such portion of funds in the Bank as is not, in the Secretary's
judgment, required to meet current withdrawals. Investments may be made
only in interest-bearing obligations of the United States.
SEC. 5. LOANS FROM THE BANK.
(a) In General.--The Secretary of the Treasury shall transfer from
the Bank to the Secretary such amounts as are appropriated to carry out
the loan program under subsection (b).
(b) Loan Program.--
(1) In general.--In accordance with section 6, the
Secretary shall establish a program to loan amounts from the
Bank to any agency that submits an application satisfactory to
the Secretary in order to finance an energy efficiency project.
(2) Performance contracting funding.--To the extent
practicable, an agency shall not submit a project for which
performance contracting funding is available.
(3) Purposes of loan.--
(A) In general.--A loan under this section may be
made to pay the costs of--
(i) an energy efficiency project; or
(ii) development and administration of a
performance contract.
(B) Limitation.--An agency may use not more than 15
percent of the amount of a loan under subparagraph
(A)(i) to pay the costs of administration and proposal
development (including data collection and energy
surveys).
(4) Repayments.--
(A) In general.--An agency shall repay to the Bank
the principal amount of the energy efficiency project
loan plus interest at a rate determined by the
President, in consultation with the Secretary and the
Secretary of the Treasury.
(B) Waiver.--The Secretary may waive the
requirement of subparagraph (A) if the Secretary
determines that payment of interest by an agency is not
required to sustain the needs of the Bank in making
energy efficiency project loans.
(5) Agency energy budgets.--Until a loan is repaid, an
agency budget submitted to Congress for a fiscal year shall not
be reduced by the value of energy savings accrued as a result
of the energy conservation measure implemented with funds from
the Bank.
(6) Availability of funds.--An agency shall not rescind or
reprogram funds made available by this Act. Funds loaned to an
agency shall be retained by the agency until expended, without
regard to fiscal year limitation.
SEC. 6. SELECTION CRITERIA.
(a) In General.--The Secretary shall establish criteria for the
selection of energy efficiency projects to be awarded loans in
accordance with subsection (b).
(b) Selection Criteria.--The Secretary may make loans only for
energy efficiency projects that--
(1) are technically feasible;
(2) are determined to be cost-effective using life cycle
cost methods established by the Secretary by regulation;
(3) include a measurement and management component to--
(A) commission energy savings for new Federal
facilities; and
(B) monitor and improve energy efficiency
management at existing Federal facilities; and
(4) have a project payback period of 3 years or less.
SEC. 7. REPORTS AND AUDITS.
(a) Reports to the Secretary.--Not later than 1 year after the
installation of an energy efficiency project that has a total cost of
more than $1,000,000, and each year thereafter, an agency shall submit
to the Secretary a report that--
(1) states whether the project meets or fails to meet the
energy savings projections for the project; and
(2) for each project that fails to meet the savings
projections, states the reasons for the failure and describes
proposed remedies.
(b) Audits.--The Secretary may audit any energy efficiency project
financed with funding from the Bank to assess the project's
performance.
(c) Reports to Congress.--At the end of each fiscal year, the
Secretary shall submit to Congress a report on the operations of the
Bank, including a statement of the total receipts into the Bank, and
the total expenditures from the Bank to each agency.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Federal Energy Bank Act - Establishes the Federal Energy Bank (trust fund) in the Treasury to finance energy efficiency projects at Federal agencies. Prescribes requirements for the loan program and project selection criteria. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Budgeting Act of 1993''.
SEC. 2. STATEMENT OF FINDINGS AND PURPOSE.
(a) Statement of Finding.--The Congress finds that--
(1) the objective of enhancing long-term economic growth is
not well served by a budget process focused on short-term
results,
(2) long-term economic growth depends not only upon a
stable social, political, and economic environment and a higher
level of national savings, but also upon a sound public
infrastructure, an educated citizenry and workforce, an
investment in research and the discovery of knowledge, and the
harnessing of inventive genius into the workplace and
marketplace,
(3) the existing presentation of the Federal Budget
obscures the distinctions between long-term capital
investments, expenditures of a developmental character, and
current operational spending, and
(4) the public interest will be served by a Federal Budget
presentation which presents information showing long-term
effects of expenditures.
(b) Purpose.--It is the purpose of this Act to require that the
unified budget present--
(1) an operating budget, and
(2) an investment budget divided into--
(A) federally-owned capital, and
(B) developmental investments,
for each of the 3 major components of the budget (general,
trust, and enterprise funds) in order to ensure a continued
focus on the Government's total financial operations, while
providing better and more relevant information upon which to
base both overall fiscal policy as well as program priorities
within the Federal Budget.
SEC. 3. CAPITAL AND OPERATING BUDGETS.
(a) In General.--Title 31, United States Code, is amended by
inserting after section 1105 the following new section:
``SEC. 1105A. CAPITAL AND OPERATING BUDGETS.
``(a)(1) The budget of the United States submitted by the President
under section 1105 of this title shall be a unified budget composed
of--
``(A) an operating budget, and
``(B) an investment budget divided into federally-owned
capital and developmental investments.
``(2) Operating and investment budgets shall be presented
separately for unified funds, general funds, trust funds, and
enterprise funds.
``(b)(1) Actual, estimated, and proposed amounts shall be presented
for unified funds, general funds, trust funds, and enterprise funds,
and, at a minimum, shall contain:
``(A) For the operating budget:
``(i) Operating revenues.
``(ii) Operating expenses.
``(iii) Operating surplus/deficit before interfund
transfers.
``(iv) Interfund transfers.
``(v) Operating surplus/deficit.
``(vi) Federal expenditures financing the operating
expenses of State and local governments.
``(B) For the investment budget:
``(i) For federally-owned capital: the office
buildings, equipment, and other assets that are owned
by the Government for use in its operations together
with a showing how such assets will improve the
efficiency and effectiveness with which government
agencies carry out their missions.
``(ii) For developmental investments (including
grants and loans to non-Federal entities for improving
physical infrastructure, research and development, and
investment in human capital through education and
training): the amounts to be invested together with a
projection of how such investments will improve the
prospects for higher rates of economic growth on the
future.
``(2) For both categories of investment budgets, the following
information will be presented:
``(A) Investment funds together with investment revenues.
``(B) Financing requirements before interfund transfers.
``(C) Interfund transfers.
``(D) Projected effects upon economic growth.
``(3) The investment budget shall represent only the major
activities, projects, and programs which support the acquisition,
construction, alteration, and rehabilitation of such investment assets
and the major programs and activities which support nonmilitary
research and development, education, and job training. All other
activities, projects, and programs shall be represented in the
operating budget.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 31, United States Code, is amended by inserting after the item
relating to section 1105 the following new item:
``1105A. Capital and operating budgets.'' | Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and an investment budget (divided into federally-owned capital and developmental inestments), each presented separately for unified funds, general funds, trust funds, and enterprise funds. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse-Managed Health Clinic
Investment Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Nurse-managed health clinics (referred to in this
section as ``NMHCs'') offer their patients primary care and
wellness services based on the nursing model, which emphasizes
the protection, promotion, and optimization of health along
with the prevention of illness, and the alleviation of
suffering in conjunction with diagnosis and treatment. Nurses
are advocates and educators providing care for individuals,
families, communities, and populations.
(2) More than 200 NMHCs are currently in operation across
the United States. Such clinics record over 2,000,000 client
encounters annually.
(3) NMHCs offering primary care services meet the Institute
of Medicine's definition of safety-net provider by providing
care regardless of their patients' ability to pay. A
substantial share of the patient mix is made up of uninsured
individuals, Medicaid recipients, State Children's Health
Insurance Program recipients, and other vulnerable populations.
A recent study funded by the Centers for Medicare & Medicaid
Services reported that more than 45 percent of the payor mix
for NMHCs is uninsured, and 37 percent are Medicaid recipients.
(4) NMHC patients are very diverse. According to recent
data, 46 percent of NMHC patients are Caucasian, 29 percent are
African-American, and another 20 percent are Latino.
(5) Approximately 133,000,000 people in the United States
(45 percent of the population) have at least 1 chronic disease.
These diseases account for 81 percent of hospital admissions,
91 percent of all prescriptions filled, and 76 percent of all
physician visits. About 75 percent of health care spending in
the United States is related to chronic care. Chronic disease
management programs have the potential to reduce costs and
improve outcomes for chronically ill patients. NMHCs providing
wellness services strengthen the health care safety-net by
expanding access to chronic disease management services for
geriatric and medically underserved populations.
(6) NMHCs offering primary care provide a medical home for
medically underserved individuals, and are viable partners with
the Federal Government to reduce health disparities. They
provide a full range of health care services, including primary
care, wellness services, and behavioral health care to the
residents of rural and urban underserved communities. Because
NMHCs are often located in public housing developments, senior
living arrangements, schools, and community centers, they help
remove barriers preventing access to care and are instrumental
in addressing and eliminating the factors contributing to
health disparities.
(7) NMHCs offering wellness services reinforce the medical
home concept by providing a critical first level of care for
populations living in rural areas with limited access to
physicians and other primary care providers. NMHC patients
participating in wellness services are connected to a medical
home through established referral networks.
(8) As new strategies for increasing health coverage are
implemented, utilization of nurse-managed health clinics
offering both primary care and wellness services will help meet
the increased demand arising from newly covered individuals
while alleviating current primary care physician shortages.
(9) In spite of their numerous benefits, NMHCs of all types
have limited access to both Federal and State funding.
Initially, many NMHCs were established through grants from the
Division of Nursing of the Health Resources and Services
Administration (referred to in this paragraph as the ``Division
of Nursing''). Soon after their inception, NMHC directors
recognized their patients had a desperate need for primary care
and wellness services, a need that continues. To meet that
need, NHMCs across the country have expanded their mission to
focus on increasing access to primary care and wellness
services the medically underserved populations, while still
maintaining their role as clinical sites for nursing education.
Available sources of Division of Nursing grant funding cannot
accommodate the increased cost associated with caring for the
uninsured and medically underserved populations that has
accompanied the expanding focus of nurse-managed care. As a
result, 50 percent of the NMHCs established between 1993 and
2007 have had to close. Such clinics frequently are the only
source of health care for their patients, and such closures
have left thousands without health care.
(10) In recognition of the growing needs of NMHCs, in
Senate Report 109-103, Congress called on the Bureau of Primary
Health Care (BPHC) to ``consider establishing a grant program .
. . that would support the establishment or expansion of nurse
practice arrangements commonly referred to as nurse-managed
health centers . . .''. The goal of this Act is to comply with
the language of such Senate Report by establishing a grant
program within BPHC that is a better fit for the changing role
of NMHCs. The program will give NMHCs access to a stable source
of funding, further enabling them to expand primary care and
wellness services in underserved communities, while reducing
the level of health disparities that vulnerable populations
throughout the Nation face.
(b) Purpose.--It is the purpose of this Act to fund the development
and operation of nurse-managed health clinics to--
(1) provide comprehensive and accessible primary health
care and wellness services to vulnerable populations living in
the Nation's medically underserved communities; and
(2) reduce the level of health disparities experienced by
vulnerable populations.
SEC. 3. NURSE-MANAGED HEALTH CLINICS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART S--NURSE-MANAGED HEALTH CLINIC PROGRAM
``SEC. 399JJ. GRANTS TO NURSE-MANAGED HEALTH CLINICS.
``(a) Definition; Establishment of Criteria.--In this section:
``(1) Nurse-managed health clinic or `nmhc'.--The term
`nurse-managed health clinic' or `NMHC' means a nurse-practice
arrangement, managed by advanced practice nurses, that provides
primary care or wellness services to underserved or vulnerable
populations and is associated with a school, college,
university, or department of nursing, federally qualified
health center, or an independent nonprofit health or social
services agency.
``(2) Medically underserved populations.--The term
`medically underserved population' has the meaning given such
term in section 330(b)(3).
``(3) Vulnerable population.--The term `vulnerable
population' means a population that lacks access to adequate
primary care or suffers from increased health disparities due
to factors such as health, age, race, ethnicity, sex, insurance
status, income level, or ability to communicate effectively.
``(4) Behavioral health care services.--The term
`behavioral health care services' means health care related to
adult, family, and pediatric emotional health and well-being
and consists of identifying, assessing, and defining mental
health problems and developing a plan of care, which may
include psychopharmacological management, education about
specific mental illnesses, or basic counseling services that
are furnished by qualified health care professionals.
``(5) Comprehensive primary health care services.--The term
`comprehensive primary health care services' means health care
related to adult, family, and pediatric health and consisting
of adult health, pediatrics, obstetrics, or gynecology services
that are furnished by nurse practitioners, physician
assistants, physicians, nurse midwives, clinical nurse
specialists, other advanced practice nurses, or other qualified
health care professionals. In addition to primary care
services, specific services may include--
``(A) preventive health services;
``(B) prenatal and perinatal services;
``(C) appropriate cancer screening;
``(D) well-child services;
``(E) immunizations against vaccine-preventable
diseases;
``(F) screenings for elevated blood lead levels;
``(G) screening for communicable diseases;
``(H) cholesterol screenings;
``(I) pediatric eye and ear screenings to determine
the need for vision and hearing correction;
``(J) emergency medical services;
``(K) diagnostic laboratory and radiologic
services;
``(L) care navigation services;
``(M) pharmaceutical services, as may be
appropriate for each clinic; and
``(N) voluntary family planning.
``(6) Wellness services.--The term `wellness services'
means any health-related service or intervention, not including
primary care, which is designed to reduce identifiable health
risks and increase healthy behaviors intended to prevent the
onset of disease or lessen the impact of existing chronic
conditions by teaching more effective management techniques
that focus on individual self-care and patient-driven
decisionmaking. Specific services may include--
``(A) chronic disease self-management training;
``(B) health screenings relating to hypertension,
diabetes, cancer, HIV, lead exposure, and other chronic
conditions;
``(C) health and patient education;
``(D) immunizations against vaccine-preventable
diseases;
``(E) outreach and home visiting services;
``(F) environmental health risk reduction services;
``(G) case management services;
``(H) interpretation and translation services;
``(I) weight control programs;
``(J) smoking cessation programs;
``(K) physical activity and fitness programs
involving geriatric, youth, and other vulnerable
populations;
``(L) occupational safety and health; and
``(M) cognitive behavioral services.
``(b) Authority To Award Grants.--The Secretary shall award grants
for the cost of the operation of NMHCs that meet the requirements of
this section.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be a NMHC; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing--
``(A) an assurance that the NMHC provides direct
access to client-centered nursing services with access
to other health care services and that nurses are the
major service providers at the NMHC;
``(B) evidence that an advanced practice nurse
(`APN') holds an executive management position within
the organizational structure of the NMHC and that an
APN has direct responsibility for overseeing the daily
operations of the NMHC;
``(C) an assurance that the NMHC will continue to
provide comprehensive primary care services or wellness
services for the duration of the grant period;
``(D) an assurance that the nurse-managed health
clinic will establish, not later than 90 days after
receiving a grant under this section, a community
advisory committee composed of individuals, a majority
of whom are being served by the clinic, the purpose of
which is to provide input into the nurse-managed health
clinic decisionmaking process;
``(E) an assurance that the NMHC will demonstrate
the receipt of non-Federal matching funds equaling at
least 20 percent of the Federal portion of any grant
awarded under this section, and evidence that the
necessary matching funds will be acquired not later
than 180 days after receiving the grant; and
``(F) an assurance that the NMHC will provide care
regardless of the insurance status or income of a
patient.
``(d) Waiver of Requirements.--The Secretary may, upon a showing of
good cause, waive any aspect of the matching funds requirement
described in subsection (c)(2)(E).
``(e) Use of Funds.--
``(1) In general.--Funds awarded under a grant under this
section may be used for the provision of primary care services
and wellness services, for the management of NMHC programs, for
the payment of salaries for NMHC personnel, and for providing
training for the provision of required health services. Funds
may also be used for acquiring and leasing buildings and
equipment (including the cost of amortizing the principle of,
and paying interest on, loans for such buildings and
equipment).
``(2) Amount.--The amount of any grant made in any fiscal
year to a NMHC shall be determined by the Secretary, taking
into account--
``(A) the financial need of the NMHC;
``(B) State, local, and other operational funding
provided to the NMHC; and
``(C) other factors as determined appropriate by
the Secretary.
``(f) Technical Assistance.--
``(1) In general.--The Secretary shall establish a program
through which the Secretary shall provide (either through the
Department of Health and Human Services or by grant or
contract) technical and other assistance to NMHCs to assist
such clinics in meeting the requirements of this section. In
determining appropriate providers to assist in offering
technical assistance, the Secretary shall consider whether the
provider has demonstrated the capacity to effectively address
the unique needs of NMHCs.
``(2) Technical services.--Services provided under this
section may include necessary technical and nonfinancial
assistance, including fiscal and program management assistance,
training in fiscal and program management, operational and
administrative support, and the provision of information to
NMHC regarding the various resources available under this
section and how those resources can best be used to meet the
health needs of the communities served by NMHCs.
``(g) Evaluation.--The Secretary shall develop and implement a plan
for evaluating NMHCs funded under this section. Such evaluations shall
monitor and track the performance of the grantee as well as the quality
of the services that are provided under the grant.
``(h) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be appropriated
$50,000,000 for fiscal year 2010, and such sums as may be necessary for
each of fiscal years 2011 through 2014.''. | Nurse-Managed Health Clinic Investment Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants for operating nurse-managed health clinics. Defines "nurse-managed health clinic" as a nurse-practice arrangement that provides primary care or wellness services to underserved or vulnerable populations regardless of insurance status or ability to pay and that is associated with an educational institution, health center, or social services agency. Requires the Secretary to provide technical assistance and services to such clinics in meeting the requirements of this Act and to develop and implement a plan for evaluating such clinics. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Our Troops Home Responsibly
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prior to the initiation of the war in Iraq, the
President cited concerns about weapons of mass destruction
programs as one justification for the use of military force in
Iraq. On October 6, 2004, the head of the Iraq Survey Group
(ISG), Charles Duelfer, announced to the Committee on Armed
Services of the Senate that the group found no evidence that
Iraq under Saddam Hussein had produced and stockpiled any
weapons of mass destruction since 1991.
(2) Prior to the initiation of the war in Iraq, the
President cited Saddam Hussein's role as a brutal dictator who
tortured and killed thousands of Iraqi civilians during his 20-
year rule as a justification for the use of military force in
Iraq. Saddam Hussein was captured by United States forces on
December 13, 2003, convicted of charges related to the
execution of 148 Iraqi civilians on November 5, 2006, and
executed on December 30, 2006.
(3) Prior to the initiation of the war in Iraq, the
President cited possible links between the Al-Qaeda terrorist
network and Saddam Hussein's government as a justification for
the use of military force in Iraq. Reports by the Central
Intelligence Agency, the Defense Intelligence Agency, and the
Office of the Inspector General of the Department of Defense
have all concluded that there was little evidence of any such
links. While there is currently violence in Iraq directed
towards American troops, a September 2007 Congressional
Research Service report found that attacks by the group Al-
Qaeda in Iraq make up only a small percentage of the total
number of attacks on United States troops in Iraq.
(4) Prior to the initiation of the war in Iraq, the
President cited the importance of spreading democracy in the
Middle East as a justification for the use of military force in
Iraq. On October 15, 2005, the Iraqi people voted to ratify a
new constitution, on January 30, 2005, the Iraqi people elected
275 members of a newly created Iraqi National Assembly, and on
May 20, 2006, Nouri al-Maliki was approved as Prime Minister of
Iraq by the National Assembly and sworn in.
(5) The President has failed to secure international
support for the continuing efforts in Iraq. While the President
has executed a plan known as the ``troop surge'', every other
nation participating in the occupation of Iraq is reducing
troop levels. The United Kingdom has reduced its troop levels
from 45,000 to approximately 4,500. Twenty nations that had
once been members of the international coalition contributing
troops have completely withdrawn those troops from Iraq.
(6) The United States has accomplished all of the military
goals announced by the President at the outset of the war in
Iraq. The brave men and women of the Armed Forces have
performed admirably, showing both dedication to their mission
and professionalism in carrying that mission out.
(7) The Bush Administration has, at various times,
confirmed that the military goals of the war in Iraq were
complete. On May 1, 2003, the President stood in front of a
banner reading ``Mission Accomplished'' and declared an end to
major military operations in Iraq. On May 30, 2005, the Vice
President stated in a television interview that the insurgency
was in its ``last throes''.
(8) It is clear that the American people are looking for a
change in strategy in Iraq--one that will allow the Nation to
safely and responsibly bring members of the Armed Forces home
as quickly as possible. However, the strategy outlined by the
President in his September 13, 2007, address makes it clear
that the President has no plan for substantially reducing the
number of troops in Iraq while he is in office. It is
unconscionable for President Bush to leave this situation for
the next President to fix.
SEC. 3. REPEAL OF PUBLIC LAW 107-243.
The Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243) is hereby repealed.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) that, based upon the findings of section 1, the United
States has accomplished those military goals that were
established at the outset of the use of military force in Iraq,
and that it no longer benefits the national security of the
United States for members of the United States Armed Forces to
remain in Iraq;
(2) that the United States should begin withdrawing its
Armed Forces from Iraq in a safe, responsible, and orderly
manner, and that such withdrawal should begin no later than 30
days after the date of the enactment of this Act, and should be
accomplished by 12:00 p.m. on January 20, 2009;
(3) that the congressionally mandated report produced by
the Iraq Study Group contains a set of recommendations which,
if followed, would assist the United States in accomplishing a
troop withdrawal in the most responsible manner possible and
prepare the Iraqis to return to full self-government;
(4) that it is the moral duty of the United States to
continue assisting the Government of Iraq in rebuilding and
reconstruction efforts, as well as efforts to find a lasting
political solution to the ongoing sectarian conflict that has
occurred since the United States military invasion of Iraq, and
that doing so will require that the United States engage in
vigorous diplomatic efforts and the engagement of other
regional and global actors; and
(5) that the United States is further morally obligated to
provide humanitarian assistance for the millions of Iraqi
refugees that have been displaced since the beginning of the
war in Iraq, especially those Iraqi civilians who have become
targets for violence because they have worked with or assisted
the United States military or the Iraqi Government.
SEC. 5. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM IRAQ.
(a) Not more than 30 days after the date of the enactment of the
Act, the Secretary of Defense shall begin the withdrawal of members of
the Armed Forces from Iraq, and shall complete this withdrawal by 12:00
p.m. January 20, 2009, except as otherwise provided in this Act.
(b) No funds appropriated or otherwise made available to the
Department of Defense shall be expended to increase the number of
members of the Armed Forces in Iraq beyond the number of such members
in Iraq on the date of the enactment of this Act.
(c) No funds appropriated or otherwise made available to the
Department of Defense shall be expended for the construction of
permanent United States military installations in Iraq.
(d) Notwithstanding any other provision of this Act, the Department
of Defense may retain such members of the Armed Forces in Iraq as
required for the following purposes:
(1) Protection of the United States Embassy, including
Embassy personnel.
(2) Limited counter-terrorism activities directed at the
Al-Qaeda terrorist network, provided that the members of the
Armed Forces carrying out such activities are not permanently
deployed in Iraq.
(3) Nonoffensive military operations designed solely to
address humanitarian concerns in Iraq, including assistance to
refugees.
(4) Assisting the Iraqi military in ensuring that Iraq's
borders are secure.
SEC. 6. REPORTING REQUIREMENT.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report outlining a
strategy to remove the United States Armed Forces from Iraq by 12:00
p.m. on January 20, 2009. | Bring Our Troops Home Responsibly Act of 2007 - Repeals the Authorization for Use of Military Force Against Iraq Resolution of 2002 (P.L. 107-243).
States U.S. policy with respect to Iraq, including that the United States should: (1) begin withdrawing its Armed Forces from there; (2) continue assisting the Iraqi government with rebuilding and reconstruction efforts; and (3) provide humanitarian assistance to displaced Iraqi refugees.
Directs the Secretary of Defense to begin the withdrawal of U.S. Armed Forces from Iraq within 30 days after the enactment of this Act, and to complete such withdrawal by January 20, 2009.
Prohibits funds appropriated to the Department of Defense (DOD) from being expended: (1) to increase the number of U.S. forces in Iraq; or (2) for the construction of permanent U.S. military installations in Iraq.
Allows DOD to retain members of the Armed Forces in Iraq for: (1) protection of the United States Embassy; (2) limited counterterrorism activities directed at the al-Qaeda terrorist network; (3) nonoffensive military actions to address humanitarian concerns; and (4) assisting the Iraqi military in securing Iraq's borders.
Requires the Secretary of Defense to submit to Congress a strategy for removing U.S. Armed Forces from Iraq by the required deadline. | billsum_train |
Create a condensed overview of the following text: SECTION 1. RECOGNITION OF JOURNALISTS EMBEDDED WITH UNITED STATES ARMED
FORCES OR COALITION PARTNERS IN IRAQ DURING OPERATION
IRAQI FREEDOM.
(a) Findings.--Congress finds the following:
(1) The First Amendment to the Constitution of the United
States establishes the right to free speech and a press
unfettered by Government interference and reflected the belief
of the American people that an informed public is essential to
the survival of democracy.
(2) The press, in all its forms today, informs the public
on news events in the United States and elsewhere in the world
and acts as a check on excessive Government actions by
facilitating feedback to the legislative, executive, and
judicial branches of Government.
(3) Journalists first began serving as war correspondents
during the Crimean War in 1854, and, by the next decade, more
than 500 journalists covered the activities of the contending
armies during the American Civil War, capturing the interest of
Americans in the conflict and establishing the tradition of
newspaper readership in America.
(4) During Operation Iraqi Freedom, the Department of
Defense provided journalists with the opportunity to actually
accompany units of the United States Armed Forces and coalition
partners, a process referred to as ``embedding'', in order to
provide first-hand and timely reports on the progress of the
United States and coalition forces and the liberation of the
Iraqi people.
(5) Approximately 700 print, broadcast, and Internet
journalists chose to receive the special training offered by
the Department of Defense to prepare for the dangers and
hardships of accompanying troops in possible combat and
embedded themselves with units of the United States Armed
Forces or coalition partners.
(6) Journalists have often worked under censorship in the
past, but the embedded journalists were free to cover the
conflict without interference from the military, and provided
generally accurate accounts despite the omnipresent ``fog of
war'' on a real-time basis for the first time in history.
(7) The relationship between journalists and the military
has often been strained in times of war, but the conflict in
Iraq proved that both sides could meet their individual goals
without restricting or impeding the other.
(8) Many of the embedded journalists made their satellite
phones and email available to members of the Armed Forces who
were able to communicate with their families for the first time
in weeks and sometimes months.
(9) Friends and families of members of the Armed Forces
serving in Iraq in units that included an embedded journalist
were able to track the progress of these units and were often
reassured that their loved ones were still alive because of the
journalist's reports.
(10) The embedded journalists, while in-theater, endured
the same privations as the members of the Armed Forces they
covered and risked possible imprisonment, torture, and
execution if captured by Iraqi forces.
(11) The embedded journalists braved excessive and
sometimes fatal weather conditions, including horrific
sandstorms that reduce visibility to four or five feet and
temperatures higher than 130 degrees Fahrenheit, but still
filed their dispatches each day.
(12) At least 14 journalists have died while covering the
conflict in Iraq, and other journalists have died in
Afghanistan.
(13) The American people are best served by a robust and
competitive media that provides accurate and fair accounts of
United States Armed Forces wherever they may be.
(b) Official Recognition of Embedded Journalists.--The Secretary of
Defense shall award the Office of the Secretary of Defense Exceptional
Public Service Award to journalists who were authorized by the
Department of Defense to accompany, and actually accompanied into Iraq,
a unit of the United States Armed Forces or of a coalition partner
during Operation Iraqi Freedom.
(c) Posthumous Award.--If a person entitled to the Office of the
Secretary of Defense Exceptional Public Service Award under subsection
(b) died while serving in Iraq or dies before the issuance of the
award, the award shall be provided to the person's representative, as
designated by the Secretary.
(d) Availability of Appropriations.--The Secretary may expend, from
any appropriation for contingent expenses of the Department of Defense,
amounts necessary to provide Office of the Secretary of Defense
Exceptional Public Service Awards under subsection (b). | Directs the Secretary of Defense to award the Office of the Secretary of Defense Exceptional Public Service Award to journalists who accompanied units of the U.S. armed forces or of a coalition partner into Iraq to report on Operation Iraqi Freedom. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterinary Services Investment
Act''.
SEC. 2. VETERINARY SERVICES AND OUTREACH GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C.
3151a) the following:
``SEC. 1415B. VETERINARY SERVICES AND OUTREACH GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity' means
the following:
``(A) A for-profit or nonprofit entity located in
the United States that operates a veterinary clinic
providing veterinary services--
``(i) in a rural area, as defined in
section 1393(a)(2) of the Internal Revenue Code
of 1986; or
``(ii) in response to a veterinarian
shortage situation.
``(B) A State, national, allied, or regional
veterinary organization or specialty board recognized
by the American Veterinary Medical Association.
``(C) A college or school of veterinary medicine
accredited by the American Veterinary Medical
Association.
``(D) A university research foundation or
veterinary medical foundation.
``(E) A department of veterinary science or
department of comparative medicine at an accredited
institution of higher education recognized by the
Department of Education.
``(F) A State agricultural experiment station.
``(G) A State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation determined by the Secretary under section 1415A(b).
``(b) Establishment of Program.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities
described in paragraph (2) for the purpose of developing,
implementing, and sustaining veterinary services.
``(2) Eligibility requirements.--To be eligible for a grant
under this section, a qualified entity shall carry out programs
or activities that the Secretary determines will--
``(A) substantially relieve veterinary shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate practices of
veterinarians who are participating in, or have
successfully completed, a service requirement under
section 1415A.
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program under this section, the
Secretary shall--
``(A) use an appropriate application and evaluation
process; and
``(B) seek the input of interested persons.
``(2) Grant preferences.--In selecting qualified entities
to receive a grant under this section, the Secretary shall give
a preference to qualified entities that--
``(A) document coordination between or with--
``(i) a State, national, allied, or
regional veterinary organization, a specialty
board, or veterinary medical association
recognized by the American Veterinary Medical
Association;
``(ii) the applicable accredited veterinary
education institution or department of
veterinary science or department of comparative
medicine at an accredited institution of higher
education recognized by the Department of
Education; or
``(iii) the applicable State veterinarian
or animal health official (or equivalent
official); and
``(B) will use the grant funds to help to meet
veterinary workforce or food protection needs.
``(3) Additional preferences.--In awarding grants under
this section, the Secretary may develop additional preferences
by taking into account--
``(A) the amount of funds available for grants; and
``(B) the purposes for which the grant funds will
be used.
``(4) Applicability of other provisions.--Sections 1413B,
1462(a), and subsections (a)(3) and (c) of section 1469 shall
apply to the administration of the grant program under this
section.
``(d) Cost-Sharing Requirements.--
``(1) Recipient share.--A grant recipient shall provide
matching non-Federal funds, either in the form of cash or in-
kind contributions, in an amount equal to not less than 25
percent of the Federal funds provided in a grant under this
section.
``(2) Waiver.--The Secretary may establish, by regulation,
conditions under which the cost-sharing requirements of
paragraph (1) may be reduced or waived.
``(e) Use of Grant To Relieve Veterinary Shortage Situations and
Support Veterinary Services.--Funds provided by grants under this
section may be used for the following purposes to relieve veterinary
shortage situations and support veterinary services:
``(1) Grants to promote recruitment, placement, and
retention of--
``(A) veterinarians;
``(B) veterinary technicians;
``(C) students of veterinary medicine; and
``(D) students of veterinary technology.
``(2) Grants to assist veterinarians with establishing or
expanding practices for the purposes of--
``(A) equipping veterinary offices;
``(B) sharing in the overhead costs of the
practices; or
``(C) establishing mobile veterinary facilities at
which at least a portion of the facilities will address
education or extension needs.
``(3) Financial assistance for veterinary students,
veterinary interns, externs, fellows, and residents, and
veterinary technician students to attend training programs in
food safety or food animal medicine to cover expenses other
than tuition.
``(4) Programs establishing or expanding accredited
veterinary education programs, veterinary residency and
fellowship programs, or veterinary internship and externship
programs in coordination with accredited colleges of veterinary
medicine.
``(5) Programs for tele-veterinary medicine at practices
that contribute to veterinary extension, education, or
research.
``(6) Support the ability of the office or position of a
State veterinarian or animal health official to coordinate
veterinary services and food protection issues described in
paragraphs (1) through (5).
``(7) Assessments of veterinarian shortage situations and
preparation of applications for designation as a shortage
situation.
``(8) Programs in continuing education and extension
(including distance-based education) for veterinarians,
veterinary technicians, and other health professionals needed
to strengthen veterinary programs and enhance food safety.
``(9) Faculty recruitment and retention programs at
accredited colleges of veterinary medicine.
``(10) Programs, in coordination with universities or local
educational agencies, to encourage students in secondary
schools to pursue a career in veterinary medicine or science
professions.
``(f) Prohibition on Use of Grant Funds for Construction.--Funds
made available for grants under this section shall not be used for the
construction of a new building or facility or the acquisition,
expansion, remodeling, or alteration of an existing building of
facility, including site grading and improvement and architect fees.
``(g) Implementation.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate regulations
to implement the grant program authorized under this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section for fiscal year 2011 and each fiscal year thereafter.''. | Veterinary Services Investment Act - Amends The National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture carry out a grant program to develop, implement, and sustain veterinary services and relieve veterinary shortage situations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States
Grain Standards Act Amendments of 1993''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Limitation on administrative and supervisory costs.
Sec. 3. Authorization of appropriations.
Sec. 4. Inspection and weighing fees; inspection and weighing in
Canadian ports.
Sec. 5. Inspection and weighing pilot program.
Sec. 6. Licensing of inspectors.
Sec. 7. Prohibited acts.
Sec. 8. Criminal penalties.
Sec. 9. Equipment testing and other services.
Sec. 10. Violation of subpoena.
Sec. 11. Standardizing commercial inspections.
Sec. 12. Elimination of gender references.
Sec. 13. Repeal of temporary amendment language; technical amendments.
Sec. 14. Authority to collect fees; termination of advisory committee.
Sec. 15. Effective dates.
SEC. 2. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended--
(1) by striking ``inspection and weighing'' and inserting
``services performed''; and
(2) by striking ``1993'' and inserting ``1998''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Reauthorization.--Section 19 of the United States Grain
Standards Act (7 U.S.C. 87h) is amended by striking ``during the period
beginning October 1, 1988, and ending September 30, 1993'' and
inserting ``1988 through 1998''.
(b) Limitation.--Such section is further amended by striking ``and
17A of this Act'' and inserting ``7B, 16, and 17A''.
SEC. 4. INSPECTION AND WEIGHING FEES; INSPECTION AND WEIGHING IN
CANADIAN PORTS.
(a) Inspection Authority.--Section 7 of the United States Grain
Standards Act (7 U.S.C. 79) is amended--
(1) in subsection (f)(1)(A)(vi), by striking ``or other
agricultural programs operated by'' and inserting ``of''; and
(2) in the second sentence of subsection (i), by inserting
before the period at the end ``or as otherwise provided by
agreement with the Canadian Government''.
(b) Weighing Authority.--Section 7A of such Act (7 U.S.C. 79a) is
amended--
(1) in the second sentence of subsection (c)(2), by
inserting after ``shall be deemed to refer to'' the following:
```official weighing' or'';
(2) in the second sentence of subsection (d), by inserting
before the period at the end ``or as otherwise provided by
agreement with the Canadian Government''; and
(3) in the first sentence of subsection (i), by inserting
before the period at the end ``or as otherwise provided in
section 7(i) and subsection (d)''.
SEC. 5. INSPECTION AND WEIGHING PILOT PROGRAM.
(a) Inspection Authority.--Section 7(f)(2) of the United States
Grain Standards Act (7 U.S.C. 79(f)(2)) is amended by inserting before
the period at the end the following: ``, except that the Administrator
may conduct pilot programs to allow more than one official agency to
carry out inspections within a single geographical area without
undermining such objectives''.
(b) Weighing Authority.--The second sentence of section 7A(i) of
such Act (7 U.S.C. 79a(i)) is amended by inserting before the period at
the end the following: ``, except that the Administrator may conduct
pilot programs to allow more than one official agency to carry out the
weighing provisions within a single geographic area without undermining
such objectives''.
SEC. 6. LICENSING OF INSPECTORS.
Section 8 of the United States Grain Standards Act (7 U.S.C. 84) is
amended--
(1) in subsection (a)--
(A) in paragraph (1) of the first sentence, by
inserting after ``and is employed'' the following:
``(or is supervised under a contractual arrangement)'';
and
(B) in the second sentence, by striking ``No
person'' and inserting ``Except as otherwise provided
in sections 7(i) and 7A(d), no person'';
(2) in the first proviso of subsection (b), by striking
``independently under the terms of a contract for the conduct
of any functions involved in official inspection'' and
inserting ``under the terms of a contract for the conduct of
any functions''; and
(3) in subsection (d)--
(A) by inserting after ``Persons employed'' the
following: ``or supervised under a contractual
arrangement''; and
(B) by inserting after ``including persons
employed'' the following: ``or supervised under a
contractual arrangement''.
SEC. 7. PROHIBITED ACTS.
Section 13(a)(11) of the United States Grain Standards Act (7
U.S.C. 87b(a)) is amended to read as follows:
``(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16, or 17A;''.
SEC. 8. CRIMINAL PENALTIES.
Section 14(a) of the United States Grain Standards Act (7 U.S.C.
87c(a)) is amended by striking ``shall be guilty of a misdemeanor and
shall, on conviction thereof, be subject to imprisonment for not more
than twelve months, or a fine of not more than $10,000, or both such
imprisonment and fine; but, for each subsequent offense subject to this
subsection, such person''.
SEC. 9. EQUIPMENT TESTING AND OTHER SERVICES.
Section 16 of the United States Grain Standards Act (7 U.S.C. 87e)
is amended--
(1) in subsection (b), by striking the third sentence; and
(2) by adding at the end the following new subsections:
``(g) Testing of Certain Weighing Equipment.--(1) Subject to
paragraph (2), the Administrator may provide for the testing of
weighing equipment used for purposes other than weighing grain. The
testing shall be performed--
``(A) in accordance with such regulations as the
Administrator may prescribe; and
``(B) for a reasonable fee established by regulation or
contractual agreement and sufficient to cover, as nearly as
practicable, the estimated costs of the testing performed.
``(2) Testing performed under paragraph (1) may not conflict with
or impede the objectives specified in section 2.
``(h) Testing of Grain Inspection Instruments.--(1) Subject to
paragraph (2), the Administrator may provide for the testing of grain
inspection instruments used for commercial inspection. The testing
shall be performed--
``(A) in accordance with such regulations as the
Administrator may prescribe; and
``(B) for a reasonable fee that is established by
regulation or contractual agreement and is sufficient to cover,
as nearly as practicable, the estimated costs of the testing
performed.
``(2) Testing performed under paragraph (1) may not conflict with
or impede the objectives specified in section 2.
``(i) Additional For Fee Services.--(1) In accordance with such
regulations as the Administrator may provide, the Administrator may
perform such other services as the Administrator considers to be
appropriate.
``(2) In addition to the fees authorized by sections 7, 7A, 7B,
17A, and this section, the Administrator shall collect reasonable fees
to cover the estimated costs of services performed under paragraph (1)
other than standardization, compliance, and foreign monitoring
activities.
``(3) To the extent practicable, the fees collected under paragraph
(2), together with any proceeds from the sale of any samples, shall
cover the costs, including administrative and supervisory costs, of
services performed under paragraph (1).
``(j) Deposit of Fees.--Fees collected under subsections (g), (h),
and (i) shall be deposited into the fund created under section 7(j).
``(k) Official Courtesies.--The Administrator may extend
appropriate courtesies to official representatives of foreign countries
in order to establish and maintain relationships to carry out the
policy stated in section 2. No gift offered pursuant to this subsection
shall exceed 20 dollars in value.''.
SEC. 10. VIOLATION OF SUBPOENA.
Section 17(e) of the United States Grain Standards Act (7 U.S.C.
87f(e)) is amended by striking ``the penalties set forth in subsection
(a) of section 14 of this Act'' and inserting ``imprisonment for not
more than 1 year or a fine of not more than $10,000 or both the
imprisonment and fine''.
SEC. 11. STANDARDIZING COMMERCIAL INSPECTIONS.
Section 22(a) of the United States Grain Standards Act (7 U.S.C.
87k(a)) is amended by striking ``and the National Conference on Weights
and Measures'' and inserting ``, the National Conference on Weights and
Measures, or other appropriate governmental, scientific, or technical
organizations''.
SEC. 12. ELIMINATION OF GENDER REFERENCES.
(a) References to His.--(1) Section 3 of the United States Grain
Standards Act (7 U.S.C. 75) is amended--
(A) in subsection (a), by striking ``his delegates'' and
inserting ``a delegate of the Secretary''; and
(B) in subsection (z), by striking ``his delegates'' and
inserting ``a delegate of the Administrator''.
(2) Sections 4(a), 7(b), 7(e)(2), 12(b), and 13(a)(2) of such Act
(7 U.S.C. 76(a), 79(b), 79(e)(2), 87a(b), and 87b(a)(2)) are each
amended by striking ``his'' and inserting ``the Administrator's''.
(3) Section 5(a)(1) of such Act (7 U.S.C. 77(a)(1)) is amended by
striking ``his agent'' and inserting ``the shipper's agent''.
(4) Section 9 of such Act (7 U.S.C. 85) is amended in the first
sentence by striking ``his license'' and inserting ``the license''.
(5) Sections 13(a)(7), 15, and 17(e) of such Act (7 U.S.C.
87b(a)(7), 87d, and 87f(e)) are each amended by striking ``his'' and
inserting ``the person's''.
(6) Section 13(a)(8) of such Act (7 U.S.C. 87b(a)(8)) is amended by
striking ``his duties'' and inserting ``the duties of the officer,
employee, or inspection personnel''.
(b) References to Him.--(1) Section 8(a) of such Act (7 U.S.C.
84(a)) is amended in the first sentence by striking ``him'' and
inserting ``the Administrator''.
(2) Section 9 of such Act (7 U.S.C. 85) is amended by striking
``him'' and inserting ``the licensee''.
(c) References to He.--(1) Sections 5(b), 7(a), 7(b), 7(e)(2),
7A(e), 7B(a), 8(c), 8(f), 10(a), 11(a), 11(b)(5), 12(c), and 14(b) of
such Act (7 U.S.C. 77(b), 79(a), 79(b), 79(e)(2), 79a(e), 79b(a),
84(c), 84(f), 86(a), 87(a), 87(b)(5), 87a(c), and 87c(b)), are each
amended by striking ``he'' each place it appears and inserting ``the
Administrator''.
(2) Sections 10(b), 13(a)(9), 14(a), and 17A(c) of such Act (7
U.S.C. 86(b), 87b(a)(9), 87c(a), and 87f-1(c)) are each amended by
striking ``he'' and inserting ``the person''.
(3) Sections 11(B)(1) and 17A(a)(2) of such Act (7 U.S.C. 87(b)(1)
and 87f-1(a)(2)) are each amended by striking ``he'' and inserting
``the producer''.
SEC. 13. REPEAL OF TEMPORARY AMENDMENT LANGUAGE; TECHNICAL AMENDMENTS.
(a) Repeal.--Section 2 of the United States Grain Standards Act
Amendments of 1988 (Public Law 100-518; 102 Stat. 2584) is amended, in
the matter preceding paragraph (1), by striking ``Effective for the
period October 1, 1988, through September 30, 1993, inclusive, the''
and inserting ``The''.
(b) Technical Amendments.--(1) Section 21(a) of the United States
Grain Standards Act (7 U.S.C. 87j(a)) is amended--
(A) by striking ``(1)'', and
(B) by striking paragraph (2).
(2) Section 22(c) of such Act (7 U.S.C. 87k(c), is amended by
striking ``subsection (a) and (b)'' and inserting ``subsections (a) and
(b)''.
SEC. 14. AUTHORITY TO COLLECT FEES; TERMINATION OF ADVISORY COMMITTEE.
(a) Inspection and Supervisory Fees.--Section 7(j) of the United
States Grain Standards Act (7 U.S.C. 79(j)) is amended by adding at the
end the following new paragraph:
``(4) The duties imposed by paragraph (2) on designated official
agencies and State agencies described in such paragraph and the
investment authority provided by paragraph (3) shall expire on
September 30, 1998. After that date, the fees established by the
Administrator pursuant to paragraph (1) shall not cover administrative
and supervisory costs related to the official inspection of grain.''.
(b) Weighing and Supervisory Fees.--Section 7A(l) of such Act (7
U.S.C. 79a(l)) is amended by adding at the end the following new
paragraph:
``(3) The authority provided to the Administrator by paragraph (1)
and the duties imposed by paragraph (2) on agencies and other persons
described in such paragraph shall expire on September 30, 1998. After
that date, the Administrator shall, under such regulations as the
Administrator may prescribe, charge and collect reasonable fees to
cover the estimated costs of official weighing and supervision of
weighing except when the official weighing or supervision of weighing
is performed by a designated official agency or by a State under a
delegation of authority. The fees authorized by this paragraph shall,
as nearly as practicable, cover the costs of the Service incident to
its performance of official weighing and supervision of weighing
services in the United States and on United States grain in Canadian
ports, excluding administrative and supervisory costs. The fees
authorized by this paragraph shall be deposited into a fund which shall
be available without fiscal year limitation for the expenses of the
Service incident to providing services under this Act.''.
(c) Termination of Advisory Committee.--Section 21 of such Act (7
U.S.C. 87j) is amended by adding at the end the following new
subsection:
``(e) Termination.--The advisory committee shall terminate on
September 30, 1998.''.
SEC. 15. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Special Effective Date for Certain Provisions.--The amendments
made by sections 2, 3, and 13(a) shall take effect as of the earlier
of--
(1) September 30, 1993; or
(2) the date of the enactment of this Act.
Passed the House of Representatives September 28, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | United States Grain Standards Act Amendments of 1993 - Amends the United States Grain Standards Act to extend through FY 1998 the limitation on administrative and supervisory costs.
(Sec. 3) Extends through FY 1998 the authorization of appropriations for grain inspection services.
(Sec. 4) Authorizes inspection and weighing activities in Canadian ports.
(Sec. 5) Authorizes a pilot program to permit more than one official agency to carry out inspections within a single geographic area.
(Sec. 6) Extends inspector licensing authority to contract-supervised persons. (Current authority is limited to employees.)
(Sec. 8) Revises criminal penalty provisions.
(Sec. 9) Expands the Administrator of the Federal Grain Inspection Service's authority to test weighing equipment and collect related fees.
(Sec. 10) Revises penalty provisions for subpoena violations.
(Sec. 12) Eliminates specified gender-based references.
(Sec. 14) Terminates as of September 30, 1998: (1) the grain standards advisory committee; and (2) certain grain inspection, weighing, and supervisory fee collection authority. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Reform Act of 2006''.
SEC. 2. MATCHING FUNDS FOR HOUSE CANDIDATES.
(a) Matching Funds.--The Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the following new
title:
``TITLE V--MATCHING FUNDS FOR HOUSE CANDIDATES
``SEC. 501. AVAILABILITY OF MATCHING FUNDS.
``(a) In General.--An eligible House of Representatives candidate
shall be entitled to receive payments under this title in support of
the candidate's campaign for election in an amount equal to the amount
of qualified contributions received by the candidate, but not to exceed
the aggregate matching payment limit under subsection (b).
``(b) Aggregate Matching Payment Limit for Candidate.--The
aggregate matching payment limit with respect to an eligible House of
Representatives candidate in an election is $175,000, subject to the
following adjustments:
``(1) If any opponent of the candidate who is not an
eligible House of Representatives candidate receives
contributions with respect to the election in an aggregate
amount exceeding $500,000, the aggregate matching payment limit
shall be equal to the aggregate amount of contributions
received by the opponent.
``(2) In the case of an election which is a contested
primary election (as determined by the Commission), if any
opponent of the candidate receives contributions in an
aggregate amount exceeding $50,000, the aggregate matching
payment limit shall be increased by $75,000.
``(3) In the case of an election which is a runoff
election, the aggregate matching payment limit shall be
increased by $50,000.
``(c) Qualified Contribution Defined.--In this section, the term
`qualified contribution' means, with respect to a candidate for an
election, a contribution--
``(1) which is made by an individual residing in the State
in which the candidate seeks election whose aggregate
contributions to the candidate for the election do not exceed
$500; and
``(2) which is in the form of a gift of money made by a
written instrument that identifies the individual making the
contribution.
``(d) Source of Payments.--All payments made under this title shall
be made from the House of Representatives Election Campaign Account
described in section 503.
``SEC. 502. ELIGIBLE HOUSE OF REPRESENTATIVES CANDIDATE DEFINED.
``(a) In General.--For purposes of this title, an `eligible House
of Representatives candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress who files a statement of participation with the Commission in
which the candidate certifies each of the following:
``(1) In the election cycle, the candidate has received
$10,000 in contributions from individuals.
``(2) The candidate qualifies for the primary or general
election ballot.
``(3) The candidate has an opponent on the primary or
general election ballot.
``(4) The candidate will not receive contributions or make
expenditures with respect to the election in excess of--
``(A) $500,000; or
``(B) the aggregate matching payment limit for the
candidate under section 501(b),
whichever is greater.
``(5) The candidate agrees to cooperate in the case of any
audit by the Commission by furnishing such campaign records and
other information as the Commission may require.
``(b) Repayment of Matching Funds.--If an eligible House of
Representatives candidate receives contributions or makes expenditures
in excess of the spending limit specified in subsection (a)(4), the
candidate shall repay the House of Representatives Election Campaign
Account described in section 503 an amount equal to the amounts spent
in excess of such limit.
``SEC. 503. HOUSE OF REPRESENTATIVES ELECTION CAMPAIGN ACCOUNT.
``(a) Account.--
``(1) In general.--The Secretary shall maintain in the
Presidential Election Campaign Fund established by section
9006(a) of the Internal Revenue Code of 1986, in addition to
any other accounts maintained under such section, a separate
account to be known as the House of Representatives Election
Campaign Account.
``(2) Amounts.--The Secretary shall deposit in the Account,
for use by eligible House of Representatives candidates--
``(A) the amounts available after the Secretary
determines that the amounts in the Presidential
Election Campaign Fund necessary for payments under
subtitle H of the Internal Revenue Code of 1986 are
adequate;
``(B) any repayments made under section 502(b); and
``(C) any amount appropriated pursuant to the
supplemental authorization described in paragraph (3).
``(3) Supplemental authorization.--If the Secretary issues
a certification that amounts in the Account will not be
adequate to make payments under this title during a fiscal
year, there are authorized to be appropriated for such fiscal
year for deposit in the Account such sums as may be necessary
to ensure that amounts in the Account will be adequate to make
such payments (as provided by the Secretary in the
certification).
``(4) Availability.--All amounts in the Account shall
remain available without fiscal year limitation.
``(b) Certification and Payment.--
``(1) Certification.--Except as provided in paragraphs (2)
and (3), not later than 5 days after receiving a request for
payment under this title from an eligible House of
Representatives candidate, the Commission shall submit to the
Secretary of the Treasury a certification for payment of the
amount to which a candidate is entitled under section 501. Upon
receipt of such a certification, the Secretary shall promptly
pay to the candidate from the House of Representatives Election
Campaign Account maintained pursuant to subsection (a) the
amount certified by the Commission.
``(2) Payments.--The initial payment under this section to
an eligible candidate shall be $10,000. All payments shall be--
``(A) made not later than 48 hours after
certification under paragraph (1); and
``(B) subject to proportional reduction in the case
of an insufficient balance in the Account maintained
pursuant to subsection (a).
``(3) Incorrect request.--If the Commission determines that
any portion of a request is incorrect, the Commission shall
withhold the certification for that portion only and inform the
candidate as to how the candidate may correct the request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after December 2006. | Campaign Reform Act of 2006 - Amends the Federal Election Campaign Act of 1971 to entitle an eligible House of Representatives candidate to receive payments in support of the candidate's election campaign in an amount equal to the amount of qualified contributions received, not to exceed the aggregate matching payment limit of $175,000, subject to specified adjustments.
Establishes the House of Representatives Election Campaign Account, as a separate account in the Presidential Election Campaign Fund, from which all payments under this Act shall be made. | billsum_train |
Create a summary of the following text: SECTION 1. INCREASE IN DEPENDENT CARE CREDIT; CREDIT ALLOWED FOR
RESPITE CARE EXPENSES.
(a) In General.--So much of section 21 of the Internal Revenue Code
of 1986 (relating to expenses for household and dependent care services
necessary for gainful employment) as precedes subsection (e) is amended
to read as follows:
``SEC. 21. DEPENDENT CARE SERVICES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
maintains a household which includes as a member 1 or more
qualifying individuals, 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 sum of--
``(A) the employment-related expenses paid by such
individual during the taxable year, plus
``(B) the respite care expenses paid by such
individual during the taxable year.
``(2) Applicable percentage defined.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable percentage' means 50 percent
reduced (but not below 20 percent) by 1 percentage
point for each full $1,000 by which the taxpayer's
adjusted gross income for the taxable year exceeds
$15,000.
``(B) Cost-of-living adjustment.--In the case of
any taxable year beginning in a calendar year after
1997, the $15,000 amount contained in subparagraph (A)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins
by substituting `calendar year 1996' for
`calendar year 1992' in subparagraph (B)
thereof.
If any increase determined under the preceding sentence
is not a multiple of $10, such increase shall be
rounded to the nearest multiple of $10.
``(b) Employment-Related Expenses.--For purposes of this section--
``(1) Determination of eligible expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight and
shall not include any respite care expense taken into
account under subsection (a).
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
subsection (d)(1), or
``(ii) a qualifying individual (not
described in subsection (d)(1)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than 6
individuals (other than individuals who reside
at the facility), 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).
``(2) Dollar limit on amount creditable.--
``(A) In general.--The amount of the employment-
related expenses incurred during any taxable year which
may be taken into account under subsection (a) shall
not exceed--
``(i) $2,400 if there is 1 qualifying
individual with respect to the taxpayer for
such taxable year, or
``(ii) $4,800 if there are 2 or more
qualifying individuals with respect to the
taxpayer for such taxable year.
The amount determined under clause (i) or (ii)
(whichever is applicable) shall be reduced by the
aggregate amount excludable from gross income under
section 129 for the taxable year.
``(B) Reduction in limit for amount of respite care
expenses.--The limitation of subparagraph (A) shall be
reduced by the amount of the respite care expenses
taken into account by the taxpayer under subsection (a)
for the taxable year.
``(3) Earned income limitation.--
``(A) In general.--Except as otherwise provided in
this paragraph, the amount of the employment-related
expenses incurred during any taxable year which may be
taken into account under subsection (a) shall not
exceed--
``(i) in the case of an individual who is
not married at the close of such year, such
individual's earned income for such year, or
``(ii) in the case of an individual who is
married at the close of such year, the lesser
of such individual's earned income or the
earned income of his spouse for such year.
``(B) Special rule for spouse who is a student or
incapable of caring for himself.--In the case of a
spouse who is a student or a qualified individual
described in subsection (d)(3), for purposes of
subparagraph (A), such spouse shall be deemed for each
month during which such spouse is a full-time student
at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned
income of not less than--
``(i) $200 if paragraph (2)(A)(i) applies
for the taxable year, or
``(ii) $400 if paragraph (2)(A)(ii) applies
for the taxable year.
In the case of any husband and wife, this subparagraph
shall apply with respect to only one spouse for any one
month.
``(c) Respite Care Expenses.--For purposes of this section--
``(1) In general.--The term `respite care expenses' means
expenses paid (whether or not to enable the taxpayer to be
gainfully employed) for--
``(A) the care of a qualifying individual--
``(i) who has attained the age of 13, or
``(ii) who is under the age of 13 but has a
physical or mental impairment which results in
the individual being incapable of caring for
himself,
during any period when such individual regularly spends
at least 8 hours each day in the taxpayer's household,
or
``(B) care (for not more than 14 days during the
calendar year) of a qualifying individual described in
subparagraph (A) during any period during which the
individual does not regularly spend at least 8 hours
each day in the taxpayer's household.
``(2) Dollar limit.--The amount of the respite care
expenses incurred during any taxable year which may be taken
into account under subsection (a) shall not exceed--
``(A) $1,200 if such expenses are incurred with
respect to only 1 qualifying individual for the taxable
year, or
``(B) $2,400 if such expenses are incurred for 2 or
more qualifying individuals for such taxable year.
``(d) Qualifying Individual.--For purposes of this section, the
term `qualifying individual' means--
``(1) a dependent of the taxpayer who is under the age of
13 and with respect to whom the taxpayer is entitled to a
deduction under section 151(c),
``(2) a dependent of the taxpayer who is physically or
mentally incapable of caring for himself, or
``(3) the spouse of the taxpayer, if he is physically or
mentally incapable of caring for himself.''
(b) Technical and Conforming Amendments.--
(1) Paragraph (5) of section 21(e) of such Code is amended
by striking ``subparagraph (A) or (B) of subsection (b)(1)''
and inserting ``paragraph (1) or (2) of subsection (d)''.
(2) Paragraph (2) of section 129(b) of such Code is amended
by striking ``section 21(d)(2)'' and inserting ``section
21(b)(3)(B)''.
(3) Paragraph (1) of section 129(e) of such Code is amended
by striking ``under section 21(b)(2) (relating to expenses for
household and dependent care services necessary for gainful
employment)'' and inserting ``or respite care services under
section 21 (relating to dependent care services)''.
(4) Subparagraph (H) of section 6213(g)(2) of such Code is
amended by striking ``section 21 (related to expenses for
household and dependent care services necessary for gainful
employment)'' and inserting ``section 21 (relating to dependent
care services)''.
(5) The item relating to section 21 in the table of
sections for subpart A of part IV of subchapter A of chapter 1
of such Code is amended to read as follows:
``Sec. 21. Dependent care services.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to increase the income tax credit for employment-related dependent care expenses. Adds respite care expenses to the credit's scope. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USDA Year 2000
Compliance Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purpose and findings.
Sec. 4. Position of Chief Information Officer, Department of
Agriculture.
Sec. 5. Responsibilities of Chief Information Officer with regard to
information technology architecture.
Sec. 6. Availability of agency information system funds.
Sec. 7. Authority of Chief Information Officer over information
technology personnel.
Sec. 8. Annual Comptroller General report on compliance.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Chief information officer.--The term ``Chief
Information Officer'' means the individual appointed by the
Secretary of Agriculture under section 3506(a)(2)(A) of title
44, United States Code, to serve as Chief Information Officer
of the Department of Agriculture.
(2) Information technology.--The term ``information
technology'' has the meaning given that term in section 5002(3)
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)).
(3) Information resources.--The term ``information
resources'' has the meaning given that term in section 3502(6)
of title 44, United States Code.
(4) Information resources management.--The term
``information resources management'' has the meaning given that
term in section 3502(7) of title 44, United States Code.
(5) Information system.--The term ``information system''
has the meaning given such term in section 3502(8) of title 44,
United States Code.
(6) Information technology architecture.--The term
``information technology architecture'' has the meaning given
that term in section 5125(d) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1425(d)).
(7) Office or agency.--The terms ``office or agency'' and
``offices and agencies'' mean each current or future--
(A) national, regional, county, or local office or
agency of the Department;
(B) county committee established under section
8(b)(5) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)(5)); and
(C) State committee, State office, or field service
center of the Farm Service Agency.
(8) Department.--The term ``Department'' means the United
States Department of Agriculture.
SEC. 3. PURPOSE AND FINDINGS.
(a) Purpose.--It is the purpose of this Act to facilitate the
continued successful administration of Department of Agriculture farm
policies and programs through the creation of a centralized office in
the Department to oversee the use of information resources within the
Department.
(b) Findings.--Congress finds that--
(1) American agriculture relies on the Department for the
administration of a number of policies and programs essential
to the success and vitality of agricultural producers and rural
communities in the United States;
(2) the successful administration of these policies and
programs depends upon the ability of the Department to use
information resources in as efficient and effective manner as
is technologically feasible;
(3) in order to successfully administer these important
farm policies and programs the Department relies on a number of
information resources that require comprehensive and
Department-wide overview and control in order to avoid needless
duplication and misuse of resources;
(4) agricultural production, marketing, the distribution of
commodities, and the extension of farm credit and security are
particularly reliant upon the successful use of information
resources within the Department;
(5) the failure of the Department to meet the requirement
of the Office of Management and Budget that all Department
mission critical systems be year 2000 compliant would have an
adverse impact on the Department's farm policies and programs
and American agricultural producers; and
(6) in order to better ensure the continued success and
vitality of agricultural producers and rural communities it is
necessary that within the Department measures are taken to
coordinate and centrally plan the use of the information
resources of the Department.
SEC. 4. POSITION OF CHIEF INFORMATION OFFICER, DEPARTMENT OF
AGRICULTURE.
(a) Position in Department.--In order to ensure that information
resources within the Department are directed with the greatest
efficiency towards the administration of farm policies and programs as
authorized by law, the Chief Information Officer of the Department--
(1) shall report directly to the Secretary of Agriculture;
and
(2) shall not be under the direction or control of the
Deputy Secretary of Agriculture or other official or employee
of the Department.
(b) Position on Executive Information Technology Investment Review
Board.--The Chief Information Officer shall serve as vice-chairperson
of the Executive Information Technology Investment Review Board of the
Department or any other entity established by the Secretary of
Agriculture to review and approve the acquisition of information
technology by offices and agencies of the Department.
SEC. 5. RESPONSIBILITIES OF CHIEF INFORMATION OFFICER WITH REGARD TO
INFORMATION TECHNOLOGY ARCHITECTURE.
(a) In General.--The Chief Information Officer shall have the
authority and responsibility for ensuring that the information
technology architecture of the Department, and any office or agency of
the Department, is based on the strategic business plans, information
resources, goals of information resources management, and core business
process methodology of the Department in order to ensure the successful
implementation of farm policies and programs administered by the
Department as required by law.
(b) Design and Implementation.--The Chief Information Officer shall
be responsible for the design and implementation of an information
technology architecture for the Department that ensures that--
(1) the information system of each office or agency of the
Department maximizes--
(A) the effectiveness and efficiency of mission
delivery and information resources management;
(B) quality per dollar expended; and
(C) the efficiency and coordination of information
technology management among offices and agencies of the
Department, including the exchange of information
between field service centers and other offices and
agencies of the Department;
(2) the planning for, and the lease or purchase of,
information resources of each office or agency of the
Department most efficiently satisfies the needs of the office
or agency in terms of the customers served, program
characteristics, and employees affected by the system; and
(3) the information system of each office or agency of the
Department is designed and managed to coordinate or consolidate
similar functions of the missions, and offices or agencies of
the Department, on a Department-wide basis.
(c) Ensuring Compliance With Resulting Architecture.--The Chief
Information Officer shall be responsible for the development,
acquisition, procurement, and implementation of information resources
by an office or agency of the Department in a manner that--
(1) is consistent with the information technology
architecture designed under subsection (b); and
(2) results in the best use of resources of the office or
agency for information technology.
SEC. 6. AVAILABILITY OF AGENCY INFORMATION SYSTEM FUNDS.
(a) Transfer.--Each office and agency of the Department shall
transfer to the control of the Chief Information Officer an amount of
funds each fiscal year equal to four percent of the estimated
expenditures to be made by that office or agency for equipment and
software for the information system of that office or agency for a
fiscal year (other than expenditures for intra-government payments).
The Secretary of Agriculture shall determine the actual amount to be
transferred by an office or agency of the Department.
(b) Availability of Funds.--Funds transferred under subsection (a)
shall remain available until expended.
(c) Use of Funds.--Funds transferred under subsection (a) may be
used by the Chief Information Officer only--
(1) to carry out the responsibilities of the Chief
Information Officer under this Act, section 5125 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1425), and section
3506(a)(2) of title 44, United States Code;
(2) to assist in the development, acquisition, procurement,
or implementation of information resources by more than one
office or agency of the Department in order to ensure the
creation of a Department-wide single information system; and
(3) to meet the requirement of the Office and Management
and Budget to make all mission critical systems year 2000
compliant.
SEC. 7. AUTHORITY OF CHIEF INFORMATION OFFICER OVER INFORMATION
TECHNOLOGY PERSONNEL.
(a) Deputy Information Officers.--
(1) Establishment.--There is established within the Office
of the Chief Information Officer the position of deputy
information officer who shall be appointed by the Chief
Information Officer and serve as a liaison between the Chief
Information Officer and each office or agency of the
Department. The separate position of chief information officer
of an office or agency of the Department is hereby abolished.
(2) Succession.--A person who is serving as a chief
information officer of an office or agency of the Department on
the date of the enactment of this Act shall serve as a deputy
information officer in the Office of the Chief Information
Officer until such time as a successor (if any) is appointed by
the Chief Information Officer.
(b) Managers of Major Information Technology Projects.--The
assignment of an employee of the Department to serve as manager of a
major information technology program or project (as defined by the
Chief Information Officer) of an office or agency of the Department,
and continuation of the assignment, shall be subject to the approval of
the Chief Information Officer. The Chief Information Officer shall
provide input into the performance review of any person so assigned.
(c) Detail and Assignment of Personnel.--Notwithstanding any other
provision of law, an employee of the Department may be detailed or
assigned to the Office of the Chief Information Officer for a period of
more than 30 days without reimbursement to the employee's employing
agency or office.
(d) Information Technology Procurement Officers.--Procurement
officers in the Department who are responsible for the procurement of
information technology shall serve under the direction and control of
the Chief Information Officer.
SEC. 9. ANNUAL COMPTROLLER GENERAL REPORT ON COMPLIANCE.
(a) Report Required.--Not later than January 15 of each year, the
Comptroller General of the United States shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report evaluating
the compliance by the Chief Information Officer and the Department with
this Act. The Comptroller General shall conduct the evaluation in a
manner which will permit an assessment of the effect of the
Department's compliance or lack thereof on the administration of farm
policies and programs carried out by the Department as required by law.
(b) Contents of Report.--Each report under subsection (a) shall
include the following:
(1) An ongoing review and compilation of spending by the
Department on information resources which will permit an
assessment of the compliance with section 6(a) by offices and
agencies of the Department.
(2) An ongoing review and compilation of spending by the
Department on information resources which will permit an
assessment of the Chief Information Officer's compliance with
section 6(c).
(3) An ongoing assessment and evaluation of the Chief
Information Officer's performance of duties under this Act.
(4) An ongoing review and evaluation of the Department's
success in creating a Department-wide single information
system, as described in section 6(c)(2), and in complying with
the requirement of the Office of Management and Budget to make
all mission critical systems year 2000 compliant, as required
under section 6(c)(3).
(c) Evaluation and Recommendations.--In addition to the
requirements of subsection (b), the Comptroller General may include in
a report under subsection (a) such other recommendations and
evaluations as the Comptroller General considers appropriate. | USDA Year 2000 Compliance Enhancement Act - Establishes the position of Chief Information Officer within the Department of Agriculture. States that such Officer shall: (1) serve as vice-chairperson of the Executive Information Technology Review Board or other Department information-acquisition related body; and (2) design and implement an information technology architecture for the Department.
Provides for the transfer of specified funds from Department offices and agencies to the Officer to: (1) carry out certain responsibilities and information acquisition and implementation activities; and (2) meet "year 2000" systems requirements.
Establishes within the Office of the Chief Information Officer the position of deputy information officer (to be appointed by the Officer) to serve as liaison between the Officer and Department offices and agencies.
Requires an annual compliance report by the Comptroller General of the United States. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Trade Act of 2013''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Internet has become an unprecedented medium for
competition, trade, free expression, and access to information.
(2) The Internet is a driver of the global economy and must
remain open, stable, and secure.
(3) Trade in Internet-enabled services and transfers of
data and other digital information have become increasingly
critical drivers of the economic growth of the United States.
The United States International Trade Commission found in a
July 2013 report, entitled ``Digital Trade in the U.S. and
Global Economies, Part 1'', that ``U.S. exports of digitally
enabled services (one measure of international digital trade)
grew from $282.1 billion in 2007 to $356.1 billion in 2011,
with exports exceeding imports every year''.
(4) The United States is the global leader in Internet-
enabled platforms, networks, and services. Certain liability
protections for those entities under the law of the United
States, which promote innovation and creativity and allow for
cooperative efforts to address harmful activity, have been
critical to the growth of the Internet economy in the United
States.
(5) According to McKinsey & Company, more than \3/4\ of the
value added by the Internet is in traditional industries.
(6) Internet-enabled commerce and digital trade benefits
small- and medium-size enterprises by providing unparalleled
access to global markets.
(7) Proposals have been put forward by some trading
partners of the United States to restrict the flow of lawful
information across borders. Those proposals would cause
increased government control over the Internet and could create
a fragmented Internet.
(8) Localization barriers to trade are frequently used to
protect, favor, or stimulate domestic industries at the expense
of industries in other countries. Those localization
requirements harm the competitiveness of and end-users in the
United States.
(9) Restrictive policies regarding the flow of information
across borders are nontariff barriers that are harmful to
innovation and economic advancement. Those policies impede
trade in digital products and services and constrain the
ability of United States companies from many sectors to
effectively operate across borders.
(10) Cross-border data flows are critical to manufacturers,
institutions of higher education, hospitals, retailers,
financial services firms, laboratories, and many other
organizations that use the Internet to improve their
productivity and manage global networks of customers,
suppliers, researchers, and employees.
(11) The free flow of information across borders provides
choices and reduces costs to consumers worldwide.
(12) The position of the United States Government has been
and is to advocate for the free flow of information across
borders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) agencies in the executive branch, including the Office
of the United States Trade Representative, should be staffed
with experts and leaders to fulfill the mission of promoting an
open, global Internet that facilitates commerce and digital
trade; and
(2) private sector stakeholders should have the opportunity
to formally inform efforts of agencies in the executive branch
related to digital trade.
SEC. 3. NEGOTIATING PRINCIPLES FOR INTERNET-ENABLED COMMERCE AND
DIGITAL TRADE.
It shall be a negotiating principle of the United States in
negotiations for a bilateral, plurilateral, or multilateral agreement,
and in multi-stakeholder fora, to seek the inclusion of binding and
enforceable provisions that promote and enhance Internet-enabled
commerce and digital trade, including provisions--
(1) preventing or eliminating barriers to the movement of
electronic information across borders, including by encouraging
interoperability of data protection regimes and eliminating
barriers to accessing, processing, transferring, or storing
information;
(2) ensuring transparency in measures affecting the free
flow of information within and across borders;
(3) continuing the current practice of not imposing customs
duties on electronic transmissions;
(4) prohibiting measures that condition market access or
other commercial benefits on localization of data,
infrastructure, or investment;
(5) prohibiting any country from imposing measures that
require an entity to use computing infrastructure or services
in that country or otherwise require an entity to access,
process, transfer, or store data in the territory of that
country;
(6) ensuring that the Internet continues to operate within
the successful multi-stakeholder governance model;
(7) ensuring that provisions affecting intermediary
liability for Internet-enabled platforms, networks, and
services are consistent with the law of the United States;
(8) ensuring digital trade policies contemplate various
business activities across all industrial sectors and allow for
future technological advancement; and
(9) otherwise eliminating discriminatory treatment of
Internet-enabled commerce and digital trade. | Digital Trade Act of 2013 - Expresses the sense of Congress that: (1) executive branch agencies, including the Office of the United States Trade Representative, should be staffed with experts and leaders to promote an open, global Internet that facilitates commerce and digital trade; and (2) private sector stakeholders should have the opportunity to inform executive agency efforts related to digital trade. States that it shall be a U.S. negotiating principle in negotiations for a bilateral, plurilateral, or multilateral agreement, and in multi-stakeholder fora, to seek the inclusion of binding provisions that promote and enhance Internet-enabled commerce and digital trade. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Creek Massacre National
Historic Site Trust Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Facility.--The term ``facility'' means any structure,
utility, road, or sign constructed on the trust property on or
after the date of enactment of this Act.
(3) Improvement.--The term ``improvement'' means--
(A) a 1,625 square foot 1-story ranch house, built
in 1952, located in the SW quarter of sec. 30, T. 17
S., R. 45 W., sixth principal meridian;
(B) a 3,600 square foot metal-constructed shop
building, built in 1975, located in the SW quarter of
sec. 30, T. 17 S., R. 45 W., sixth principal meridian;
(C) a livestock corral and shelter; and
(D) a water system and wastewater system with all
associated utility connections.
(4) Tribe.--The term ``Tribe'' means the Cheyenne and
Arapaho Tribes of Oklahoma, a federally recognized Indian
tribe.
(5) Trust property.--The term ``trust property'' means the
real property, including rights to all minerals, and excluding
the improvements, formerly known as the ``Dawson Ranch'',
consisting of approximately 1,465 total acres presently under
the jurisdiction of the Tribe, situated within Kiowa County,
Colorado, and more particularly described as follows:
(A) The portion of sec. 24, T. 17 S., R. 46W.,
sixth principal meridian, that is the Eastern half of
the NW quarter, the SW quarter of the NE quarter, the
NW quarter of the SE quarter, sixth principal meridian.
(B) All of sec. 25, T. 17 S., R. 46 W., sixth
principal meridian.
(C) All of sec. 30, T. 17 S., R. 45 W., sixth
principal meridian.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND
ARAPAHO TRIBES OF OKLAHOMA.
(a) Land Held in Trust for the Cheyenne and Arapaho Tribes of
Oklahoma.--Immediately upon conveyance of title to the trust property
by the Tribe to the United States, without any further action by the
Secretary, the trust property shall be held in trust for the benefit of
the Tribe.
(b) Trust.--All right, title, and interest of the United States in
and to the trust property, except any facilities constructed under
section 4(b), are declared to be held by the United States in trust for
the Tribe.
SEC. 4. IMPROVEMENTS AND FACILITIES.
(a) Improvements.--The Secretary may acquire by donation the
improvements in fee.
(b) Facilities.--
(1) In general.--The Secretary may construct a facility on
the trust property only after consulting with, soliciting
advice from, and obtaining the agreement of, the Tribe, the
Northern Cheyenne Tribe, and the Northern Arapaho Tribe.
(2) Ownership.--Facilities constructed with Federal funds
or funds donated to the United States shall be owned in fee by
the United States.
(c) Federal Funds.--For the purposes of the construction,
maintenance, or demolition of improvements or facilities, Federal funds
shall be expended only on improvements or facilities that are owned in
fee by the United States.
SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.
(a) Survey of Boundary Line.--To accurately establish the boundary
of the trust property, not later than 180 days after the date of
enactment of this Act, the Secretary shall cause a survey to be
conducted by the Office of Cadastral Survey of the Bureau of Land
Management of the boundary lines described in section 2(5).
(b) Publication of Land Description.--
(1) In general.--On completion of the survey under
subsection (a), and acceptance of the survey by the
representatives of the Tribe, the Secretary shall cause the
full metes and bounds description of the lines, with a full and
accurate description of the trust property, to be published in
the Federal Register.
(2) Effect.--The description shall, on publication,
constitute the official description of the trust property.
SEC. 6. ADMINISTRATION OF TRUST PROPERTY.
(a) In General.--The trust property shall be administered in
perpetuity by the Secretary as part of the Sand Creek Massacre National
Historic Site, only for historical, traditional, cultural, and other
uses in accordance with the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465).
(b) Access for Administration.--For purposes of administration, the
Secretary shall have access to the trust property, improvements, and
facilities as necessary for management of the Sand Creek Massacre
National Historic Site in accordance with the Sand Creek Massacre
National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note;
Public Law 106-465).
(c) Duty of the Secretary.--The Secretary shall take such action as
is necessary to ensure that the trust property is used only in
accordance with this section.
(d) Savings Provision.--Nothing in this Act supersedes the laws and
policies governing units of the National Park System.
SEC. 7. ACQUISITION OF PROPERTY.
Section 6(a)(2) of the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465) is
amended by inserting ``or exchange'' after ``only by donation''.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Sand Creek Massacre National Historic Site Trust Act of 2004 - Authorizes the United States to take into trust certain land (formerly known as the Dawson Ranch) in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Indian Tribes of Oklahoma (property). Directs the Tribes to convey title to the property to the United States. Declares that all right, title, and interest of the United States in and to the property (except specified facilities) are to be held in trust by the United States for the Tribes.
Authorizes the Secretary to: (1) acquire by donation the improvements in fee; and (2) construct a facility on the property only after obtaining the agreement of the Cheyenne and Arapaho Tribes, the Northern Cheyenne Tribe, and the Northern Arapaho Tribe. Permits the use of Federal funds to be expended only on improvements or facilities that are owned in fee by the United States.
Directs the Secretary to cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines and the description to be published in the Federal Register.
Requires the property to be administered in perpetuity by the Secretary as part of the Sand Creek Massacre National Historic Site, only for historical, traditional, cultural, or other uses in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Make it in America
Awards Act of 2014''.
SEC. 2. PRESIDENTIAL MAKE IT IN AMERICA AWARDS.
(a) Establishment and Award Criteria.--There are established the
following Presidential awards:
(1) The Presidential Reshoring Award, which shall be
awarded to the best example of a United States company that
returns manufacturing jobs and operations from overseas to the
United States.
(2) The Presidential Invest in America Award, which shall
be awarded to the best example of a United States company that
invests in significant new domestic manufacturing jobs and
operations.
(3) The Presidential Foreign Direct Investment Award, which
shall be awarded to the best example of a foreign company that
invests in United States manufacturing jobs and operations.
(b) Making and Presentation of Awards.--
(1) Making of awards.--The President (on the basis of
recommendations received from the Secretary of Commerce
(hereafter in this section referred to as ``the Secretary'')),
or the Secretary, shall periodically make each of the awards
described in subsection (a) to a qualified organization in an
eligible category which in the judgment of the President or the
Secretary meets the relevant criteria described in paragraphs
(1) through (3) of subsection (a).
(2) Presentation of awards.--The presentation of the awards
shall be made by the President or the Secretary with such
ceremonies as the President or the Secretary determine to be
appropriate.
(c) Qualified Organization.--An organization may qualify for an
award under this section only if it--
(1) submits an application to the Secretary;
(2) permits a rigorous evaluation of the way in which its
business and other operations have benefitted the economic or
social well-being of the United States; and
(3) meets such requirements and specifications as the
Secretary determines to be appropriate to achieve the
objectives of this section.
(d) Categories in Which Awards May Be Given.--
(1) Eligible categories.--Subject to paragraph (2), each of
the awards described in subsection (a) may be awarded in each
of the following categories:
(A) Small business.
(B) Company or its subsidiary.
(C) Company which primarily provides services.
(D) Health care provider.
(E) Education provider.
(F) Nonprofit organization.
(2) Modification of categories.--
(A) Upon a determination that the objectives of
this section would be better served thereby, the
Secretary may at any time expand, subdivide, or
otherwise modify the list of categories within which
awards may be made as initially in effect under
paragraph (1), and may establish separate award
categories for other organizations including units of
government.
(B) The expansion, subdivision, modification, or
establishment of award categories under subparagraph
(A) shall not be effective until the Secretary has
submitted a detailed description thereof to the
Congress and a period of 30 days has elapsed since that
submission.
(3) Number of awards.--In any year, not more than 1 of each
award described in subsection (a) may be made to a qualified
organization in each eligible category. No award shall be made
within any category if there are no qualified organizations in
that category.
(e) Publication of Award.--An organization to which an award is
made under this section may publicize the receipt of the award by the
organization and may use the award in advertising.
(f) Information Sharing.--The Secretary shall publish on the
website of the Department of Commerce information on the successful
strategies and programs of organizations that receive awards under this
section.
(g) Funding.--The Secretary is authorized to seek and accept gifts
from public and private sources to carry out the program under this
section. If additional sums are needed to cover the full cost of the
program, the Secretary shall impose fees upon the organizations
applying for an award in amounts sufficient to provide such additional
sums. The Secretary is authorized to use appropriated funds to carry
out responsibilities under this Act.
(h) Report.--The Secretary shall prepare and submit to the
President and the Congress, not later than 3 years after the date of
the enactment of this Act, a report on the effectiveness of the
activities conducted under this section. | Presidential Make it in America Awards Act of 2014 - Establishes the following presidential awards: the Presidential Reshoring Award, for the best example of a U.S. company that returns manufacturing jobs and operations from overseas to the United States; the Presidential Invest in America Award, for the best example of a U.S. company that invests in significant new domestic manufacturing jobs and operations, and the Presidential Foreign Direct Investment Award, for the best example of a foreign company that invests in U.S. manufacturing jobs and operations. Authorizes the awards, subject to modification, in the categories of: (1) small business, (2) company or its subsidiary, (3) company which primarily provides services, (4) health care provider, (5) education provider, and (6) nonprofit organization. Limits the awards to one of each in any year to a qualified organization in each eligible category. Requires the Secretary of Commerce to publish on the departmental website information on the successful strategies and programs of organizations that receive these awards. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Veterans Credit Act of
2016''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to rectify reporting of medical debt included in a
consumer report of a veteran due to inappropriate or delayed
payment for hospital care or medical services provided in a
non-Department of Veterans Affairs facility under the laws
administered by the Secretary of Veterans Affairs; and
(2) to clarify the process of debt collection for such
medical debt.
SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT.
(a) Veteran's Medical Debt Defined.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(z) Veteran.--The term `veteran' has the meaning given the term
in section 101 of title 38, United States Code.
``(aa) Veteran's Medical Debt.--The term `veteran's medical debt'
means a debt of a veteran arising from hospital care or medical
services, as those terms are defined in section 1701 of title 38,
United States Code, provided in a non-Department of Veterans Affairs
facility under the laws administered by the Secretary of Veterans
Affairs, including under section 1703, 1712, 1712A, 1725, or 1728 of
title 38, United States Code.''.
(b) Exclusion for Veteran's Medical Debt.--Section 605(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the
end the following:
``(7) Any information related to a veteran's medical debt
if the date on which the debt was placed for collection,
charged to profit or loss, or subjected to any similar action
antedates the report by less than 1 year.
``(8) Any information related to a fully paid or settled
veteran's medical debt that had been characterized as
delinquent, charged off, or in collection.''.
(c) Removal of Veteran's Medical Debt From Consumer Report.--
Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is
amended--
(1) in subsection (a)(1)(A), by inserting ``and except as
provided in subsection (g)'' after ``subsection (f)''; and
(2) by adding at the end the following:
``(g) Dispute Process for Veteran's Medical Debt.--
``(1) In general.--With respect to a veteran's medical debt
of a consumer, the consumer may submit a notice along with
proof of liability of the Department of Veterans Affairs for
payment of that debt to a consumer reporting agency or a
reseller to dispute the inclusion of that debt on a consumer
report of the consumer.
``(2) Deletion of information from file.--Not later than 30
days after the date on which a notice is received under
paragraph (1), the consumer reporting agency shall delete
information relating to the veteran's medical debt from the
file of the consumer and notify the furnisher and the consumer
of that deletion.''.
SEC. 4. COMMUNICATIONS REGARDING VETERAN'S MEDICAL DEBT.
(a) In General.--Section 809 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692g) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, except for a veteran's medical debt as
described in subsection (f),'' after ``any debt''; and
(2) by adding at the end the following:
``(f) Veteran's Medical Debt.--
``(1) Definitions.--In this subsection--
``(A) the term `consumer reporting agency' has the
meaning given the term in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a);
``(B) the term `veteran' has the meaning given the
term in section 101 of title 38, United States Code;
and
``(C) the term `veteran's medical debt' means a
debt of a veteran arising from hospital care or medical
services, as those terms are defined in section 1701 of
title 38, United States Code, provided in a non-
Department of Veterans Affairs facility under the laws
administered by the Secretary of Veterans Affairs,
including under section 1703, 1712, 1712A, 1725, or
1728 of title 38, United States Code.
``(2) Communications regarding veteran's medical debt.--Not
later than 5 days after the initial communication with a
veteran in connection with the collection of a veteran's
medical debt, a debt collector shall, unless the following
information is contained in the initial communication or the
veteran has paid the debt, send the veteran a written notice
containing--
``(A) the amount of the debt;
``(B) the name of the creditor to whom the debt is
owed;
``(C) a statement that unless the veteran, within 1
year after receipt of the notice, disputes the validity
of the debt, or any portion thereof, the debt will be
assumed to be valid by the debt collector;
``(D) a statement that if the veteran notifies the
debt collector in writing within the 1-year period that
the debt, or any portion thereof, is disputed, the debt
collector will obtain verification of the debt or a
copy of a judgment against the veteran and a copy of
such verification or judgment will be mailed to the
veteran by the debt collector;
``(E) a statement that, upon the veteran's written
request within the 1-year period, the debt collector
will provide the veteran with the name and address of
the original creditor, if different from the current
creditor;
``(F) a statement that the debt collector will not
report the debt to a consumer reporting agency until 1
year after the date on which the debt collector sends
the statement; and
``(G) a statement that the consumer may communicate
with--
``(i) an insurance company to determine
coverage for the debt;
``(ii) the Department of Veterans Affairs
to determine coverage for the debt or repayment
options; or
``(iii) the provider of the hospital care
or medical services from which the debt arises.
``(3) Collection of veteran's medical debt.--If the veteran
notifies the debt collector in writing within the 1-year period
described in paragraph (2)(D) that the veteran's medical debt,
or any portion thereof, is disputed, or that the veteran
requests the name and address of the original creditor, the
debt collector shall cease collection of the veteran's medical
debt, or any disputed portion thereof, until the debt collector
obtains verification of the veteran's medical debt or a copy of
a judgment, or the name and address of the original creditor,
and a copy of such verification or judgment, or name and
address of the original creditor, is mailed to the veteran by
the debt collector. Collection activities and communications
that do not otherwise violate this title may continue during
the 1-year period referred to in paragraph (2)(D) unless the
veteran has notified the debt collector in writing that the
veteran's medical debt, or any portion of the debt, is disputed
or that the veteran requests the name and address of the
original creditor. Any collection activities and communication
during the 1-year period may not overshadow or be inconsistent
with the disclosure of the veteran's right to dispute the
veteran's medical debt or request the name and address of the
original creditor.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 90 days after the date of enactment of this Act. | Protecting Veterans Credit Act of 2016 This bill amends the Fair Credit Reporting Act to exclude from a consumer report: (1) for one year, information related to a veteran's medical debt resulting from hospital or medical services provided in a non-Department of Veterans Affairs (VA) facility; and (2) information related to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection. A veteran may submit a notice along with proof of VA liability for such debt to a consumer reporting agency or a reseller to dispute the debt's inclusion in a consumer report. The consumer reporting agency shall, within 30 days, delete such information from the consumer's file and notify the furnisher and the veteran. The Consumer Credit Protection Act is amended to provide a mechanism for veterans to dispute the inclusion of program debt already on a credit report. A consumer reporting agency shall, within 30 days after receiving notice of such dispute, delete such information from the veteran's file and notify the furnisher and the veteran. Within five days after the initial communication with a veteran, a debt collector shall, unless the appropriate information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing specified debt-related information, including information concerning the debt amount, creditors, the insurance company involved, and the hospital or medical care provider. If a veteran notifies the debt collector within such one-year period that the program debt is disputed or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection until debt verification or the name and address of the original creditor is obtained. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Technology and Research
Act of 2010''.
SEC. 2. FEDERAL OIL SPILL RESEARCH COMMITTEE.
(a) In General.--Section 7001 of the Oil Pollution Act of 1990 (33
U.S.C. 2761) is amended to read as follows:
``SEC. 7001. FEDERAL OIL SPILL RESEARCH COMMITTEE.
``(a) Establishment.--There is established a committee, to be known
as the `Federal Oil Spill Research Committee' (referred to in this
section as the `Committee').
``(b) Membership.--
``(1) Composition.--The Committee shall be composed of--
``(A) at least 1 representative of the National
Oceanic and Atmospheric Administration;
``(B) at least 1 representative of the Coast Guard;
``(C) at least 1 representative of the
Environmental Protection Agency; and
``(D) at least 1 representative of each of such
other Federal agencies as the President considers to be
appropriate.
``(2) Chairperson.--The Under Secretary of Commerce for
Oceans and Atmosphere (referred to in this section as the
`Under Secretary') shall designate a Chairperson from among
members of the Committee who represent the National Oceanic and
Atmospheric Administration.
``(3) Meetings.--At a minimum, the members of the Committee
shall meet once each quarter.
``(c) Duties of the Committee.--
``(1) Research.--The Committee shall--
``(A) coordinate a comprehensive program of oil
pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry,
institutions of higher education, research
institutions, State governments, tribal governments,
and other countries, as the Committee considers to be
appropriate; and
``(B) foster cost-effective research mechanisms,
including the joint funding of research.
``(2) Reports on current state of oil discharge prevention
and response capabilities.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Oil Spill Technology and
Research Act of 2010, the Committee shall submit to
Congress a report on the state of oil discharge
prevention and response capabilities that--
``(i) identifies current research programs
conducted by governments, universities, and
corporate entities;
``(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies;
``(iii) establishes national research
priorities and goals for oil pollution
technology development relating to prevention,
response, mitigation, and environmental
effects;
``(iv) identifies regional oil pollution
research needs and priorities for a coordinated
program of research at the regional level
developed in consultation with the State and
local governments and Indian tribes;
``(v) assesses the current state of
discharge response equipment, and determines
areas in need of improvement, including with
respect to the quantity, age, quality, and
effectiveness of equipment, or necessary
technological improvements;
``(vi) assesses--
``(I) the current state of real-
time data available to mariners,
including data on water level,
currents, and weather (including
predictions); and
``(II) whether a lack of timely
information increases the risk of oil
discharges; and
``(vii) includes such other information or
recommendations as the Committee determines to
be appropriate.
``(B) 5-year updates.--Not later than 5 years after
the date of enactment of the Oil Spill Technology and
Research Act of 2010, and every 5 years thereafter, the
Committee shall submit to Congress a report updating
the information contained in the previous report
submitted under subparagraph (A).
``(d) Research and Development Program.--
``(1) In general.--In carrying out the duties of the
Committee under subsection (c)(1), the Committee shall
establish a program to conduct oil pollution research and
development.
``(2) Program elements.--The program established under
paragraph (1) shall provide for research, development, and
demonstration of new or improved technologies and methods that
are effective in preventing, detecting, or responding to,
mitigating, and restoring damage from oil discharges and that
protect the environment, including each of the following:
``(A) High priority research areas described in the
reports under subsection (c)(2).
``(B) Environmental effects of acute and chronic
oil discharges on coastal and marine resources,
including impacts on protected areas and protected
species.
``(C) Long-term effects of major discharges and the
long-term cumulative effects of smaller endemic
discharges.
``(D) New technologies to detect accidental or
intentional overboard discharges.
``(E) Response, containment, and removal
capabilities, such as improved booms, oil skimmers, and
storage capacity.
``(F) Oil discharge risk assessment methods,
including the identification of areas of high risk and
potential risk reductions for the prevention of
discharges.
``(G) Capabilities for predicting the environmental
fate, transport, and effects of oil discharges,
including prediction of the effectiveness of discharge
response systems to contain and remove oil discharges.
``(H) Methods to restore and rehabilitate natural
resources and ecosystem functions damaged by oil
discharges.
``(I) Research and training, in consultation with
the National Response Team, to improve the ability of
industry and the Federal Government to remove an oil
discharge quickly and effectively.
``(J) Oil pollution technology evaluation.
``(K) Any other priorities identified by the
Committee.
``(3) Implementation plan.--
``(A) In general.--Not later than 180 days after
the date of submission of the report under subsection
(c)(2)(A), the Committee shall submit to Congress a
plan for the implementation of the program required by
paragraph (1).
``(B) Assessment by national academy of sciences.--
The Chairperson of the Committee, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall enter into an arrangement with
the National Academy of Sciences under which the
National Academy of Sciences shall--
``(i) provide advice and guidance in the
preparation and development of the plan
required by subparagraph (A); and
``(ii) assess the adequacy of the plan as
submitted, and submit a report to Congress on
the conclusions of the assessment.
``(e) Grant Program in Support of Research and Development
Program.--
``(1) In general.--The Under Secretary of Commerce shall
manage a program of competitive grants to universities or other
research institutions, or groups of universities or research
institutions, for the purposes of conducting the program
established under subsection (d).
``(2) Applications and conditions.--In conducting the
program, the Under Secretary--
``(A) shall establish a notification and
application procedure;
``(B) may establish such conditions and require
such assurances as are appropriate to ensure the
efficiency and integrity of the grant program; and
``(C) may provide grants under the program on a
matching or nonmatching basis.
``(f) Advice and Guidance.--
``(1) In general.--The Committee shall accept comments and
input from State and local governments, Indian tribes, industry
representatives, and other stakeholders in carrying out the
duties of the Committee under subsection (c).
``(2) Advisory council.--The Committee may establish an
Advisory Council consisting of nongovernment experts and
stakeholders for the purpose of providing guidance to the
Committee on matters under this section.
``(g) Facilitation.--The Committee may develop joint partnerships
or enter into memoranda of agreement or memoranda of understanding with
institutions of higher education, States, and other entities to
facilitate the research program required by subsection (d).
``(h) Annual Reports.--Not later than 1 year after the date of
enactment of the Oil Spill Technology and Research Act of 2010, and
annually thereafter, the Chairperson of the Committee shall submit to
Congress a report that describes--
``(1) the activities carried out under this section during
the preceding fiscal year; and
``(2) the activities that are proposed to be carried out
under this section for the fiscal year during which the report
is submitted.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce to carry out this section--
``(1) $200,000 for fiscal year 2010, to remain available
until expended, for use in entering into arrangements with the
National Academy of Sciences and for paying other expenses
incurred in developing the reports and research program under
this section; and
``(2) $2,000,000 for each of fiscal years 2010 through
2012, to remain available until expended.''.
(b) Termination of Authority of Interagency Committee.--
(1) In general.--The Interagency Coordinating Committee on
Oil Pollution Research established under section 7001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2761) (as in effect on the
day before the date of enactment of this Act), and all
authority of that Committee, terminate on the date of enactment
of this Act.
(2) Funding.--Any funds made available for the Interagency
Coordinating Committee on Oil Pollution Research described in
paragraph (1) and remaining available as of the date of
enactment of this Act shall be transferred to and available for
use by the Federal Oil Spill Research Committee (as established
by the amendment made by subsection (a)), without further
appropriation or fiscal year limitation.
SEC. 3. RESPONSE PLAN UPDATE REQUIREMENT.
Section 311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) is amended--
(1) in subparagraph (D)--
(A) by striking clause (v) and inserting the
following:
``(v)(I) be updated at least every 5 years;
``(II) require the use of the best
available technology and methods to contain and
remove, to the maximum extent practicable, a
worst-case discharge (including a discharge
resulting from fire or explosion), and to
mitigate or prevent a substantial threat of
such a discharge; and
``(III) be resubmitted for approval upon
each update (which shall be considered to be a
significant change to the response plan) under
this clause;'';
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vii) include planned and demonstrated
investments in research relating to oil
discharges, risk assessment, and development of
technologies for oil discharge response and
prevention.''; and
(2) by adding at the end the following:
``(J) Technology standards.--The Coast Guard may
establish requirements and issue guidance for the use
of best available technology and methods under
subparagraph (D)(v), which technology and methods shall
be based on performance metrics and standards, to the
maximum extent practicable.''.
SEC. 4. OIL DISCHARGE TECHNOLOGY INVESTMENT.
(a) In General.--The Secretary of the Department in which the Coast
Guard is operating (referred to in this section as the ``Secretary'')
shall establish a program for the formal evaluation and validation of
oil pollution containment and removal methods and technologies.
(b) Approval.--
(1) In general.--The program shall establish a process for
new methods and technologies to be submitted, evaluated, and
gain validation for use in responses to discharges of oil and
inclusion in response plans.
(2) Consideration of capability.--Following each validation
of a method or technology described in paragraph (1), the
Secretary shall consider whether the method or technology meets
a performance capability warranting designation of a new
standard for best available technology or methods.
(3) Lack of validation.--The lack of validation of a method
or technology under this section shall not preclude--
(A) the use of the method or technology in response
to a discharge of oil; or
(B) the inclusion of the method or technology in a
response plan.
(c) Technology Clearinghouse.--Each technology and method validated
under this section shall be included in the comprehensive list of
discharge removal resources maintained through the National Response
Unit of the Coast Guard.
(d) Consultation.--In carrying out this section, the Secretary
shall consult with--
(1) the Secretary of the Interior;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) the Administrator of the Environmental Protection
Agency; and
(4) the Secretary of Transportation. | Oil Spill Technology and Research Act of 2010 - Amends the Oil Pollution Act of 1990 to replace provisions establishing the Interagency Coordinating Committee on Oil Pollution Research with provisions establishing a Federal Oil Spill Research Committee for the same purpose.
Requires the Committee to: (1) submit to Congress within 180 days and update every five years a report on the state of oil discharge prevention and response capabilities; (2) establish an oil pollution research and development program that provides for research, development, and demonstration of technologies and methods that are effective in preventing, detecting, responding to, mitigating, and restoring damage from oil discharges and that protect the environment; and (3) submit a plan for the implementation of such program to Congress within 180 days after submitting such report.
Requires the Under Secretary of Commerce for Oceans and Atmosphere to: (1) designate a Chairperson from among committee members; and (2) manage a program of competitive grants to universities or research institutions for conducting such program.
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require vessel and facility response plans for responding to a worst case discharge of oil or a hazardous substance to: (1) be updated at least every five years and resubmitted for approval upon each update; (2) require the use of the best available technology and methods to contain and remove a worst-case discharge and to mitigate or prevent a substantial threat of such a discharge; and (3) include investments in research relating to oil discharges, risk assessment, and development of technologies for oil discharge response and prevention.
Requires: (1) the Secretary of the Department in which the Coast Guard is operating to establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies; and (2) each technology and method validated to be included in the comprehensive list of discharge removal resources maintained through the Coast Guard's National Response Unit. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthma Inhaler Protection Act''.
SEC. 2. ASSESSMENTS RELATED TO TRANSITION FROM USE OF
CHLOROFLUOROCARBONS IN METERED-DOSE INHALERS.
(a) Assessments.--Before beginning rulemaking to issue a regulation
described in section 3(a), the Commissioner of Food and Drugs (referred
to in this Act as the ``Commissioner'') shall conduct the following
assessments concerning the transition from use of chlorofluorocarbons
in metered-dose inhalers:
(1) An assessment of the health risks and benefits of the
regulatory approach set forth in the advance notice of proposed
rulemaking entitled ``Chlorofluorocarbon Propellants in Self-
Pressurized Containers; Determinations That Uses Are No Longer
Essential; Request for Comments'', published in the Federal
Register on March 6, 1997, 62 Fed. Reg. 10242, and the health
risks and benefits of alternative policies for facilitating the
transition to non-chlorofluorocarbon treatments for asthma and
other respiratory diseases.
(2) An assessment of the environmental risks and benefits
of the regulatory approach set forth in the notice described in
paragraph (1), and the environmental risks and benefits of
alternative policies for facilitating the transition to non-
chlorofluorocarbon treatments for asthma and other respiratory
diseases.
(3) An assessment of whether measures and recommendations
adopted by the Tenth Meeting of the Parties to the Montreal
Protocol on Substances That Deplete the Ozone Layer will, when
implemented in the United States, facilitate the transition in
the United States to non-chlorofluorocarbon treatments for
asthma and other respiratory diseases by 2005 without
increasing the health risks to patients of such diseases.
(b) Basis for Assessments.--
(1) Health risks and benefits.--The Commissioner shall base
the assessment described in subsection (a)(1) on factors
including extensive consultations with patients, physicians,
other health care providers, manufacturers of metered-dose
inhalers, and other interested parties.
(2) Environmental risks and benefits.--The Commissioner
shall conduct the assessment described in subsection (a)(2) in
a manner consistent with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), and parts
10, 20, 25, 71 , 101, 170, 171, 312, 314, 511, 514, 570, 571,
601, 812, and 814 of title 21, Code of Federal Regulations. In
conducting such assessment, the Commissioner shall consult with the
Administrator of the Environmental Protection Agency, the Administrator
of the National Oceanic and Atmospheric Administration, and the
Administrator of the National Aeronautics and Space Administration, as
appropriate.
(c) Reports.--The Commissioner shall prepare and submit to Congress
a report for each assessment and shall publish the reports in the
Federal Register.
SEC. 3. RULEMAKING ON CHLOROFLUOROCARBONS IN METERED-DOSE INHALERS.
(a) Regulation.--After completing the duties described in section
2, the Commissioner shall issue a regulation setting forth criteria for
determining whether and in what cases particular chlorofluorocarbon
metered-dose inhalers are necessary for purposes of eligibility for
class I allowances under section 604(d) of the Clean Air Act (42 U.S.C.
7671c(d)) and, as a result, represent essential uses of class I
substances under title VI of the Clean Air Act (42 U.S.C. 7671 et
seq.).
(b) Alternatives.--The criteria described in section 3(a) shall
ensure that a range of non-chlorofluorocarbon inhaler alternatives are
available for each active moiety, to the extent consistent with title
35, United States Code, and section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), and that such alternatives are, for all
populations of users, comparable to existing treatments (in existence
on the date of issuance of the regulation) in terms of safety and
effectiveness, use for therapeutic indications, dosage strength,
delivery system, and sufficient availability to meet consumer needs.
(c) Limitations.--The criteria described in section 3(a) shall not
utilize a therapeutic class approach. If a determination described in
subsection (a) results in the withdrawal of a class I allowance for use
of a chlorofluorocarbon in a type of inhaler, inhalers of the type
involved that were introduced into interstate commerce prior to the
date of the determination shall not be considered to be adulterated or
misbranded under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321 et seq.) solely on the basis of the withdrawal.
SEC. 4. APPROVALS OF NEW MEDICAL PRODUCTS CONTAINING
CHLOROFLUOROCARBONS.
Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by
inserting after section 505A (21 U.S.C. 355a) the following:
``SEC. 505B. APPROVALS OF NEW DRUGS CONTAINING CHLOROFLUOROCARBONS.
``(a) Preliminary Assessments and Terminations of Review.--
Notwithstanding any other provision of this Act, with respect to any
application submitted to the Secretary under subsection (b) or (j) of
section 505 (21 U.S.C. 355) after December 31, 1998, for any drug
containing chlorofluorocarbons, the Secretary shall conduct a
preliminary assessment of such application to determine if the drug
represents a significant therapeutic advance over products previously
approved under this chapter. If the Secretary determines that the drug
does not represent a significant therapeutic advance over such approved
products, the Secretary shall terminate review of such application and
not approve the application for the drug.
``(b) Limitations.--Subsection (a) shall not apply to a supplement
to an application if the application was approved under subsection (c)
or (j)(4) of section 505.
``(c) Construction.--Notwithstanding any other provision of this
chapter, use of a drug containing chlorofluorocarbons in a
chlorofluorocarbon metered-dose inhaler shall be subject to the
regulation referred to in section 3(a) of the Asthma Inhaler Protection
Act, regardless of whether an application or supplement for the drug is
approved under section 505 in accordance with this section.''. | Asthma Inhaler Protection Act - Requires the Commissioner of Food and Drugs, before beginning the rulemaking mandated below, to conduct specified assessments regarding: (1) health and environmental risks and benefits; and (2) whether measures and recommendations adopted by the Tenth Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer will facilitate the U.S. transition to non-chlorofluorocarbon (non-CFC) respiratory disease treatments without increasing health risks.
Mandates, after the assessments above, a regulation regarding whether and in what cases particular CFC metered-dose inhalers are necessary for purposes of eligibility for class I allowances and represent essential uses of class I substances under specified provisions of the Clean Air Act.
Amends the Federal Food, Drug, and Cosmetic Act to require, regarding any new drug or abbreviated new drug application for any drug containing CFCs, a preliminary assessment of whether the drug represents a significant therapeutic advance over previously-approved products and, if not, requires application disapproval. | billsum_train |
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