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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``TMA, Abstinence Education, and QI
Programs Extension Act of 2007''.
SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND
ABSTINENCE EDUCATION PROGRAM THROUGH DECEMBER 31, 2007.
Section 401 of division B of the Tax Relief and Health Care Act of
2006 (Public Law 109-432), as amended by section 1 of Public Law 110-
48, is amended--
(1) by striking ``September 30'' and inserting ``December 31'';
(2) by striking ``for fiscal year 2006'' and inserting ``for
fiscal year 2007'';
(3) by striking ``the fourth quarter of fiscal year 2007'' and
inserting ``the first quarter of fiscal year 2008''; and
(4) by striking ``the fourth quarter of fiscal year 2006'' and
inserting ``the first quarter of fiscal year 2007''.
SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM THROUGH
DECEMBER 2007.
(a) Through December 2007.--Section 1902(a)(10)(E)(iv) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``September 2007'' and inserting ``December 2007''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(H) for the period that begins on October 1, 2007, and
ends on December 31, 2007, the total allocation amount is
$100,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph (A),
by striking ``or (F)'' and inserting ``(F), or (H)''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2007.
SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION PROJECT TO THE
MEDICAID PROGRAM.
(a) In General.--Beginning on October 1, 2007, and ending on
September 30, 2012, the Secretary of Health and Human Services shall
provide for the application to asset eligibility determinations under
the Medicaid program under title XIX of the Social Security Act of the
automated, secure, web-based asset verification request and response
process being applied for determining eligibility for benefits under
the Supplemental Security Income (SSI) program under title XVI of such
Act under a demonstration project conducted under the authority of
section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)).
(b) Limitation.--Such application shall only extend to those States
in which such demonstration project is operating and only for the
period in which such project is otherwise provided.
(c) Rules of Application.--For purposes of carrying out subsection
(a), notwithstanding any other provision of law, information obtained
from a financial institution that is used for purposes of eligibility
determinations under such demonstration project with respect to the
Secretary of Health and Human Services under the SSI program may also
be shared and used by States for purposes of eligibility determinations
under the Medicaid program. In applying section 1631(e)(1)(B)(ii) of
the Social Security Act under this subsection, references to the
Commissioner of Social Security and benefits under title XVI of such
Act shall be treated as including a reference to a State described in
subsection (b) and medical assistance under title XIX of such Act
provided by such a State.
SEC. 5. 6-MONTH DELAY IN REQUIREMENT TO USE TAMPER-RESISTANT
PRESCRIPTION PADS UNDER MEDICAID.
Effective as if included in the enactment of section 7002(b) of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28, 121 Sta.
187), paragraph (2) of such section is amended by striking ``September
30, 2007'' and inserting ``March 31, 2008''.
SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSISTANCE AND
QUALITY INITIATIVE FUND.
Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w-
4(l)(2)) is amended--
(1) in subparagraph (A), by adding at the end the following:
``In addition, there shall be available to the Fund for
expenditures during 2009 an amount equal to $325,000,000 and for
expenditures during or after 2013 an amount equal to
$60,000,000.''; and
(2) in subparagraph (B)--
(A) in the heading, by striking ``furnished during 2008'';
(B) by striking ``specified in subparagraph (A)'' and
inserting ``specified in the first sentence of subparagraph
(A)''; and
(C) by inserting after ``furnished during 2008'' the
following: ``and for the obligation of the entire first amount
specified in the second sentence of such subparagraph for
payment with respect to physicians' services furnished during
2009 and of the entire second amount so specified for payment
with respect to physicians' services furnished on or after
January 1, 2013''.
SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 AND 2009 OF
A PROSPECTIVE DOCUMENTATION AND CODING ADJUSTMENT IN RESPONSE TO THE
IMPLEMENTATION OF THE MEDICARE SEVERITY DIAGNOSIS RELATED GROUP (MS-
DRG) SYSTEM UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT
HOSPITAL SERVICES.
(a) In General.--In implementing the final rule published on August
22, 2007, on pages 47130 through 48175 of volume 72 of the Federal
Register, the Secretary of Health and Human Services (in this section
referred to as the ``Secretary'') shall apply prospective documentation
and coding adjustments (made in response to the implementation of a
Medicare Severity Diagnosis Related Group (MS-DRG) system under the
hospital inpatient prospective payment system under section 1886(d) of
the Social Security Act (42 U.S.C. 1395ww(d)) of--
(1) for discharges occurring during fiscal year 2008, 0.6
percent rather than the 1.2 percent specified in such final rule;
and
(2) for discharges occurring during fiscal year 2009, 0.9
percent rather than the 1.8 percent specified in such final rule.
(b) Subsequent Adjustments.--
(1) In general.--Notwithstanding any other provision of law, if
the Secretary determines that implementation of such Medicare
Severity Diagnosis Related Group (MS-DRG) system resulted in
changes in coding and classification that did not reflect real
changes in case mix under section 1886(d) of the Social Security
Act (42 U.S.C. 1395ww(d)) for discharges occurring during fiscal
year 2008 or 2009 that are different than the prospective
documentation and coding adjustments applied under subsection (a),
the Secretary shall--
(A) make an appropriate adjustment under paragraph
(3)(A)(vi) of such section 1886(d); and
(B) make an additional adjustment to the standardized
amounts under such section 1886(d) for discharges occurring
only during fiscal years 2010, 2011, and 2012 to offset the
estimated amount of the increase or decrease in aggregate
payments (including interest as determined by the Secretary)
determined, based upon a retrospective evaluation of claims
data submitted under such Medicare Severity Diagnosis Related
Group (MS-DRG) system, by the Secretary with respect to
discharges occurring during fiscal years 2008 and 2009.
(2) Requirement.--Any adjustment under paragraph (1)(B) shall
reflect the difference between the amount the Secretary estimates
that implementation of such Medicare Severity Diagnosis Related
Group (MS-DRG) system resulted in changes in coding and
classification that did not reflect real changes in case mix and
the prospective documentation and coding adjustments applied under
subsection (a). An adjustment made under paragraph (1)(B) for
discharges occurring in a year shall not be included in the
determination of standardized amounts for discharges occurring in a
subsequent year.
(3) Rule of construction.--Nothing in this section shall be
construed as--
(A) requiring the Secretary to adjust the average
standardized amounts under paragraph (3)(A)(vi) of such section
1886(d) other than as provided under this section; or
(B) providing authority to apply the adjustment under
paragraph (1)(B) other than for discharges occurring during
fiscal years 2010, 2011, and 2012.
(4) Judicial review.--There shall be no administrative or
judicial review under section 1878 of the Social Security Act (42
U.S.C. 1395oo) or otherwise of any determination or adjustments
made under this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TMA, Abstinence Education, and QI Programs Extension Act of 2007 - (Sec. 2) Amends the Tax Relief and Health Care Act of 2006, as amended, to extend transitional medical assistance (TMA) and the abstinence education program through December 31, 2007.
(Sec. 3) Amends title XIX (Medicaid) of the Social Security Act (SSA) to extend through December 2007: (1) the qualifying individual (QI) program; and (2) a specified allocation of funds for state coverage of Medicare cost-sharing for additional low-income Medicare beneficiaries.
(Sec. 4) Directs the Secretary of Health and Human Services, for FY2008-FY2012, to provide for the application to asset eligibility determinations under the Medicaid program of the automated, secure, web-based asset verification request and response process being applied for determining eligibility for Supplemental Security Income benefits under a specified demonstration project authorized by SSA title XVI (Supplemental Security Income) (SSI)
Limits such application to those states in which such a demonstration project is operating and only for the period in which it is otherwise provided.
(Sec. 5) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to delay for six months, from September 30, 2007, through March 31, 2008, the effective date of the requirement to use tamper-resistant prescription pads to prescribe covered outpatient drugs under the Medicaid program.
(Sec. 6) Amends SSA title XVIII (Medicare) to provide additional funding for the Medicare Physician Assistance and Quality Initiative Fund for expenditures during FY2009 and during or after FY2013.
(Sec. 7) Directs the Secretary of Health and Human Services, in implementing a specified rule, to apply certain prospective documentation and coding (PDC) adjustments (made in response to the implementation of the Medicare Severity Diagnosis Related Group (MS-DRG) system under the Medicare prospective payment system (PPS) for inpatient hospital services) for discharges occurring during FY2008 and FY2009.
Reduces the percentage specified in such rule for discharges occurring: (1) during FY2008 from 1.2% to 0.6%; and (2) during FY2009 from 1.8% to 0.9%.
Directs the Secretary to make further specified PDC adjustments, as well as additional adjustments in FY2010-FY2012, if the implementation of the MS-DRG system resulted in changes in coding and classification that did not reflect real changes in case mix for FY2008 or FY2009 discharges that are different than the PDC adjustments applied under this section. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Electoral Exchange Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) recent elections globally have illustrated the urgent
need for the promotion and exchange of international best
election practices, particularly in the areas of cybersecurity,
results transmission, transparency of electoral data, election
dispute resolution, and the elimination of discriminatory
registration practices and other electoral irregularities;
(2) the advancement of democracy worldwide promotes
American interests, as stable democracies provide new market
opportunities, improve global health outcomes, and promote
economic freedom and regional security;
(3) credible elections are the cornerstone of a healthy
democracy and enable all persons to exercise their basic human
right to have a say in how they are governed;
(4) inclusive elections strengthen the credibility and
stability of democracies more broadly, as democratic
institutions flourish when representative of all groups of
society;
(5) at the heart of a strong election cycle is the
professionalism of the election management body and an
empowered civil society; and
(6) the development of local expertise via peer-to-peer
learning and exchanges promotes the independence of such bodies
from internal and external influence.
SEC. 3. GLOBAL ELECTORAL EXCHANGE.
(a) Global Electoral Exchange.--The Secretary of State is
authorized to establish and administer a Global Electoral Exchange
Program to promote the utilization of sound election administration
practices around the world.
(b) Purpose.--The purpose of the Global Electoral Exchange Program
described in subsection (a) shall include the promotion and exchange of
international best election practices, including in the areas of--
(1) cybersecurity;
(2) results transmission;
(3) transparency of electoral data;
(4) election dispute resolution;
(5) the elimination of discriminatory registration
practices and electoral irregularities;
(6) equitable access to polling places, voter education
information, and voting mechanisms (including by persons with
disabilities); and
(7) other sound election administration practices.
(c) Exchange of Electoral Authorities.--
(1) In general.--The Secretary of State may, in
consultation, as appropriate, with the United States Agency for
International Development, make grants to any United States-
based organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code with experience in comparative election
systems or subject matter expertise in the areas of election
administration or electoral integrity that submits an
application in such form, and satisfying such requirements, as
the Secretary may require.
(2) Types of grants.--An organization described in
paragraph (1) may receive a grant for one or more of the
following purposes:
(A) To design and implement programs bringing
election administrators and officials, including
government officials, poll workers, civil society
representatives, members of the judiciary, and others
who participate in the organization and administration
of public elections in a foreign country to the United
States to study election procedures in the United
States for educational purposes.
(B) To design and implement programs taking United
States or another country's election administrators and
officials, including government officials, poll
workers, civil society representatives, members of the
judiciary, and others who participate in the
organization and administration of public elections to
study election procedures for educational purposes.
(3) Limits on activities.--Activities administered under
the Global Electoral Exchange Program may not--
(A) include observation of an election for the
purposes of assessing the validity or legitimacy of
that election; or
(B) facilitate any advocacy for a certain electoral
result by a grantee when participating in the Program.
(4) Sense of congress.--It is the sense of Congress that
the Secretary of State should establish and maintain a network
of Global Electoral Exchange Program alumni, to promote
communication and further exchange of information regarding
sound election administration practices among current and
former program participants.
(5) Further limits.--A recipient of a grant under the
Global Electoral Exchange Program may use such grant for only
the purpose for which such grant was awarded, unless otherwise
authorized by the Secretary of State.
(6) Not duplicative.--Grants made under this subsection may
not be duplicative of any other grants made under any other
provision of law for similar or related purposes.
SEC. 4. CONGRESSIONAL OVERSIGHT.
Not later than 1 year after the date of the enactment of this Act
and in each of the following 2 years thereafter, the Secretary of State
shall provide to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
briefing on the status of any activities carried out pursuant to this
Act during the preceding year, which shall include, among other
information, the following:
(1) A summary of all exchanges conducted under the Global
Electoral Exchange Program, including information regarding
grantees, participants, and the locations where program
activities were held.
(2) A description of the criteria used to select grantees
under the Global Electoral Exchange Program.
(3) Any recommendations for the improvement of the Global
Electoral Exchange Program, based on the purpose specified in
section 3(b).
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
the requirements of this Act. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.
Passed the House of Representatives September 5, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Global Electoral Exchange Act (Sec. 3) This bill authorizes the Department of State to establish and administer a Global Electoral Exchange Program to promote the utilization of sound election administration practices around the world. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Second Amendment and
Hunting Rights on Federal Lands Act of 2008''.
SEC. 2. POSSESSING OR CARRYING FIREARMS AND AMMUNITION IN UNITS OF THE
NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE
SYSTEM.
(a) Findings.--Congress finds the following:
(1) The second amendment to the Constitution of the United
States provides that ``the right of the people to keep and bear
Arms, shall not be infringed''.
(2) People in the United States use firearms over 2,000,000
times a year for self-defense.
(3) States that have enacted legislation expanding the
rights of residents to use firearms for self-defense have
witnessed a decrease in firearm-related crime.
(4) As of the date of enactment of this Act, Federal
regulations generally prohibit persons from possessing firearms
in units of the National Park System and the National Wildlife
Refuge System.
(5) The regulations described in paragraph (4) often
prevent an individual complying with Federal and State laws
from exercising such individual's second amendment rights while
in units of the National Park System or the National Wildlife
Refuge System.
(6) Laws relating to the transportation and possession of
firearms in units of the National Park System and the National
Wildlife Refuge System are often different than the laws of the
State such units of the National Park System or the National
Wildlife Refuge System are located in, entrapping otherwise
law-abiding gun owners while in units of the National Park
System and the National Wildlife Refuge System.
(7) Federal law should clarify that the second amendment
rights of an individual in a unit of the National Park System
or the National Wildlife Refuge System will not be infringed.
(b) Protecting the Right of an Individual To Keep and Bear Firearms
and Ammunition in Units of the National Park System and the National
Wildlife Refuge System.--No Federal regulation shall restrict any
individual from possessing or carrying a firearm or ammunition if that
restriction is based in whole or in part upon the fact that the
individual is in a unit of the National Park System or the National
Wildlife Refuge System.
SEC. 3. HUNTING ON FEDERAL LAND.
(a) Purpose.--The purpose of this section is to require that
hunting activities be a land use in all management plans for Federal
land to the extent that such use is not clearly incompatible with the
purposes for which the Federal land is managed.
(b) Hunting Allowed Unless Incompatible.--When developing or
considering approval of a management plan (or any amendment to such a
management plan) for any Federal land, the head of the agency with
jurisdiction over such Federal land shall ensure that hunting
activities are allowed as a use of such land to the extent that such
use is not clearly incompatible with the purposes for which the Federal
land is managed.
(c) Publication of Reasons for Not Allowing Hunting.--If hunting
activities are not allowed or are restricted on Federal land, the head
of the agency with jurisdiction over such Federal land shall include in
the management plan for that Federal land the specific reason that
hunting activities are not allowed or are restricted. Allowing contract
or quota thinning of wildlife shall not constitute allowing
unrestricted hunting. For the purposes of this subsection, a fee
charged by any entity related to hunting activities on Federal land
under the jurisdiction of the Secretary that is in excess of that
needed to recoup costs of management of the Federal land shall be
deemed to be a restriction on hunting.
(d) Fees.--Fees charged related to hunting activities on Federal
land shall be--
(1) retained by the head of the agency with jurisdiction
over such Federal land to offset costs directly related to
management of hunting on the Federal land upon which hunting
activities related to the fee are conducted; and
(2) limited to what the Secretary reasonably estimates to
be necessary to offset costs directly related to management of
hunting on the Federal land upon which hunting activities
related to the fee are conducted.
(e) Definitions.--In this Act:
(1) Hunting.--The term ``hunting'' includes hunting,
trapping, netting, and fishing.
(2) Management plan.--The term ``management plan'' shall
include a management plan, management contract, or other
comprehensive plan for the management or use of Federal land.
(f) Applicability.--This section shall apply to all management
plans developed, approved, or amended after the date of the enactment
of this section. | Protecting the Second Amendment and Hunting Rights on Federal Lands Act of 2008 - Prohibits any federal regulation from restricting any individual from possessing or carrying a firearm or ammunition, if such restriction is based, in whole or in part, upon the fact that the individual is in a unit of the National Park System or the Wildlife Refuge System.
Sets forth provisions with regard to allowing hunting activities on federal lands. Requires an agency with jurisdiction over any federal land, when developing or considering approval of a management plan, to ensure that hunting activities are allowed as a use of such land to the extent that such use is not clearly incompatible with the purposes for which the federal land is managed. | billsum_train |
Make a brief summary of the following text: SECTION 1. POSITIVE TRAIN CONTROL SYSTEMS.
(a) Submission of Plan.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, each rail carrier that is a Class I
railroad, a rail carrier that has inadequate safety performance
(as determined by the Secretary), or a rail carrier that
provides intercity passenger or commuter rail passenger
transportation shall develop and submit to the Secretary a plan
for implementing a positive train control system by December
31, 2014.
(2) Technical assistance.--The Secretary may provide
technical assistance and guidance to railroad carriers in
developing the plans required under this subsection.
(b) Definitions.--In this section:
(1) Positive train control system.--The term ``positive
train control system'' means a system designed to prevent
train-to-train collisions, overspeed derailments, and
incursions into roadway worker work limits.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(c) Safety Redundancy.--The positive train control system required
under subsection (a) shall--
(1) minimize the risk of train collisions and over-speed
derailments;
(2) provide protection to maintenance-of-way workers within
established work zone limits;
(3) provide a safety redundancy to minimize the risk of
accidents by overriding human performance failures involving
train movements on main line tracks; and
(4) minimize the risk of the movement of a train through a
switch left in the wrong position.
(d) Contents of Plan.--The plans submitted under paragraph (1)
shall include--
(1) measurable goals, including a strategy and time line
for implementation of such systems;
(2) a prioritization of how the systems will be
implemented, with particular emphasis on high-risk corridors
such as those that have significant movements of hazardous
materials or where commuter and intercity passenger railroads
operate;
(3) identification of detailed steps the carriers will take
to implement the systems; and
(4) any other element the Secretary considers appropriate.
(e) Review and Approval.--
(1) In general.--Not later than 90 days after the Secretary
receives a plan from a rail carrier under this section, the
Secretary shall--
(A) review the plan;
(B) notify the rail carrier that the plan has been
approved; or
(C) notify the affected railroad carrier of the
specific points in which the proposed plan is
deficient.
(2) Correction of deficiencies.--A railroad carrier shall
correct all deficiencies of a plan submitted under this section
not later than 30 days after receiving written notice from the
Secretary of such deficiencies.
(3) Compliance with plan.--Upon receiving notification from
the Secretary that a plan submitted under this section has been
approved, the rail carrier that submitted such plan shall
comply with goals, strategy, and time line contained in such
plan.
(4) Annual review.--The Secretary shall conduct an annual
review to ensure that each rail carrier is complying with the
plan submitted by such rail carrier under this section.
(f) Report.--Not later than December 31, 2011, the Secretary shall
submit a report that describes the progress made by rail carriers in
implementing positive train control systems to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Positive train control systems shall be implemented no later
than December 31, 2012, in those areas determined by the Secretary of
Transportation to have the highest safety risk due to shared track
between commuter and freight rail.
(h) Certification.--
(1) In general.--The Secretary may not permit the
installation of any positive train control system or component
unless the Secretary has certified that such system or
component has not experienced a safety-critical failure during
prior testing and evaluation.
(2) Repair and reevaluation.--If a failure described in
paragraph (1) occurs, the system or component may be--
(A) repaired and evaluated in accordance with part
236 of title 49, Code of Federal Regulations; and
(B) installed if the Secretary--
(i) certifies that the factors causing the
failure have been corrected; and
(ii) approves the system for installation
in accordance with such part 236.
(i) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 of title 49, United States Code, for
a violation of this section, including the failure to submit, certify,
or comply with a plan for implementing a positive train control system.
SEC. 2. CIVIL PENALTY INCREASES.
(a) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(b) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a)(2) of such title is
amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(c) Violations of Chapter 211.--Section 21303(a)(2) of such title
is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''. | Requires each rail carrier that is a Class I railroad, that has inadequate safety performance, or that provides intercity passenger or commuter rail passenger transportation to develop and submit for Secretary of Transportation approval by December 31, 2014, a plan to implement a positive train control system that prevents rail collisions.
Requires implementation of such systems by December 31, 2012, in areas that have the highest safety risk due to shared track between commuter and freight rail.
Prohibits installation of a positive train control system or component unless the Secretary has certified that it has not experienced a safety-critical failure during prior testing and evaluation.
Increases penalties for violations of rail safety regulations or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crane Conservation Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) crane populations in many countries have experienced
serious decline in recent decades, a trend that, if continued
at the current rate, threatens the long-term survival of the
species in the wild in Africa, Asia, and Europe;
(2) 5 species of Asian crane are listed as endangered
species under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) and appendix I of the Convention, which
species are--
(A) the Siberian crane (Grus leucogeranus);
(B) the red-crowned crane (Grus japonensis);
(C) the white-naped crane (Grus vipio);
(D) the black-necked crane (Grus nigricollis); and
(E) the hooded crane (Grus monacha);
(3) the Crane Action Plan of the International Union for
the Conservation of Nature considers 4 species of cranes from
Africa and 1 additional species of crane from Asia to be
seriously threatened, which species are--
(A) the wattled crane (Bugeranus carunculatus);
(B) the blue crane (Anthropoides paradisea);
(C) the grey-crowned crane (Balearica regulorum);
(D) the black-crowned crane (Balearica pavonina);
and
(E) the sarus crane (Grus antigone);
(4)(A) the whooping crane (Grus americana) and the
Mississippi sandhill crane (Grus canadensis pulla) are listed
as endangered species under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533); and
(B) with fewer than 200 whooping cranes in the only self-
sustaining flock that migrates between Canada and the United
States, and approximately 100 Mississippi sandhill cranes in
the wild, both species remain vulnerable to extinction;
(5) conservation resources have not been sufficient to cope
with the continued diminution of crane populations from causes
that include hunting and the continued loss of habitat;
(6)(A) cranes are flagship species for the conservation of
wetland, grassland, and agricultural landscapes that border
wetland and grassland; and
(B) the establishment of crane conservation programs would
result in the provision of conservation benefits to numerous
other species of plants and animals, including many endangered
species;
(7) other threats to cranes include--
(A) the collection of eggs and juveniles;
(B) poisoning from insecticides applied to crops;
(C) collisions with power lines;
(D) disturbance from warfare and human settlement;
and
(E) the trapping of live birds for sale;
(8) to reduce, remove, and otherwise effectively address
those threats to cranes in the wild, the joint commitment and
effort of countries in Africa, Asia, and North America, other
countries, and the private sector, are required;
(9) cranes are excellent ambassadors to promote goodwill
among countries because they are well known and migrate across
continents;
(10) because the threats facing cranes and habitats of
cranes are similar on all 5 continents on which cranes occur,
conservation successes and methods developed in 1 region have
wide applicability in other regions; and
(11) conservationists in the United States have much to
teach and much to learn from colleagues working in other
countries in which, as in the United States, government and
private agencies cooperate to conserve threatened cranes.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of cranes;
(2) to assist in the conservation and protection of cranes
by supporting--
(A) conservation programs in countries in which
endangered and threatened cranes occur; and
(B) the efforts of private organizations committed
to helping cranes; and
(3) to provide financial resources for those programs and
efforts.
SEC. 4. DEFINITIONS.
In this Act:
(1) Conservation.--
(A) In general.--The term ``conservation'' means
the use of any method or procedure necessary to ensure
that the population of a species of crane in the wild
is sufficient to ensure that the species does not
become extinct, as determined by the Secretary.
(B) Inclusions.--The term ``conservation'' includes
the carrying out of any activity associated with
scientific resource management, such as--
(i) protection, restoration, acquisition,
and management of habitat;
(ii) research and monitoring of known
populations;
(iii) the provision of assistance in the
development of management plans for managed
crane ranges;
(iv) enforcement of the Convention;
(v) law enforcement and habitat protection
through community participation;
(vi) reintroduction of cranes to the wild;
(vii) conflict resolution initiatives; and
(viii) community outreach and education.
(2) Convention.--The term ``Convention'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(3) Fund.--The term ``Fund'' means the Crane Conservation
Fund established by section 6(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. CRANE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of appropriations and
in consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects relating to the conservation of cranes for which project
proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Applicants.--
(A) In general.--An applicant described in
subparagraph (B) that seeks to receive assistance under
this section to carry out a project relating to the
conservation of cranes shall submit to the Secretary a
project proposal that meets the requirements of this
section.
(B) Eligible applicants.--An applicant described in
this subparagraph is--
(i) any relevant wildlife management
authority of a country that--
(I) is located within the African,
Asian, European, or North American
range of a species of crane; and
(II) carries out 1 or more
activities that directly or indirectly
affect crane populations;
(ii) the Secretariat of the Convention; and
(iii) any person or organization with
demonstrated expertise in the conservation of
cranes.
(2) Required elements.--A project proposal submitted under
paragraph (1)(A) shall include--
(A) a concise statement of the purpose of the
project;
(B)(i) the name of each individual responsible for
conducting the project; and
(ii) a description of the qualifications of each of
those individuals;
(C) a concise description of--
(i) methods to be used to implement and
assess the outcome of the project;
(ii) staff and community management for the
project; and
(iii) the logistics of the project;
(D) an estimate of the funds and the period of time
required to complete the project;
(E) evidence of support for the project by
appropriate government entities of countries in which
the project will be conducted, if the Secretary
determines that such support is required to ensure the
success of the project;
(F) information regarding the source and amount of
matching funding available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project to receive assistance under
this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a final
project proposal, provide a copy of the proposal to
other appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
described in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of appropriations, the Secretary, after consulting with
other appropriate Federal officials, shall--
(A) consult on the proposal with the government of
each country in which the project is to be carried out;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the proposal; and
(C) provide written notification of the approval or
disapproval to--
(i) the applicant that submitted the
proposal;
(ii) other appropriate Federal officials;
and
(iii) each country described in
subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the Secretary determines that the
proposed project will enhance programs for conservation of cranes by
assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and cranes that
arise from competition for the same habitat or resources;
(3) enhance compliance with the Convention and other
applicable laws that--
(A) prohibit or regulate the taking or trade of
cranes; or
(B) regulate the use and management of crane
habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition of crane habitat;
(B) crane population numbers and trends; or
(C) the current and projected threats to crane
habitat and population numbers and trends;
(5) promote cooperative projects on the issues described in
paragraph (4) among--
(A) governmental entities;
(B) affected local communities;
(C) nongovernmental organizations; or
(D) other persons in the private sector;
(6) carry out necessary scientific research on cranes;
(7) reintroduce cranes successfully back into the wild,
including propagation of a sufficient number of cranes required
for this purpose; or
(8) provide relevant training to, or support technical
exchanges involving, staff responsible for managing cranes or
habitats of cranes, to enhance capacity for effective
conservation.
(e) Project Sustainability; Matching Funds.--To the maximum extent
practicable, in determining whether to approve a project proposal under
this section, the Secretary shall give preference to a proposed
project--
(1) that is designed to ensure effective, long-term
conservation of cranes and habitats of cranes; or
(2) for which matching funds are available.
(f) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary, at
such periodic intervals as are determined by the Secretary,
reports that include all information that the Secretary, after
consulting with other appropriate government officials,
determines to be necessary to evaluate the progress and success
of the project for the purposes of--
(A) ensuring positive results;
(B) assessing problems; and
(C) fostering improvements.
(2) Availability to the public.--Each report submitted
under paragraph (1), and any other documents relating to a
project for which financial assistance is provided under this
Act, shall be made available to the public.
(g) Panel.--As soon as practicable after the date of enactment of
this Act, and biennially thereafter, the Secretary shall convene a
panel of experts, including specialists on cranes and wetland, to
identify the greatest needs with respect to the conservation of cranes.
SEC. 6. CRANE CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund established by the matter under the heading
``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be
known as the ``Crane Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 7; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraphs (2) and (3), upon
request by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to provide assistance under section 5.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than 3 percent, or $80,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
(3) Limitation.--Not more than 50 percent of the amounts
made available from the Fund for any fiscal year may be used
for projects relating to the conservation of North American
crane species.
(c) Investments of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
to provide assistance under section 5.
(2) Transfer of donations.--Amounts received by the
Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.
SEC. 7. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of cranes.
(b) Public Participation.--
(1) Meetings.--The advisory group shall--
(A) ensure that each meeting of the advisory group
is open to the public; and
(B) provide, at each meeting, an opportunity for
interested persons to present oral or written
statements concerning items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $3,000,000 for
each of fiscal years 2004 through 2007, to remain available until
expended. | Crane Conservation Act of 2003 - Requires the Secretary of the Interior to provide financial assistance for approved projects relating to the conservation of cranes, using amounts in the Crane Conservation Fund established by this Act.Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that is located in the African, Asian, European, or North American range of a species of crane and carries out at least one activity that affects crane populations; (2) the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (3) any person or organization with demonstrated expertise in the conservation of cranes.Establishes the Crane Conservation Fund in the Multinational Species Conservation Fund.Authorizes the Secretary to convene an advisory group representing public and private organizations actively involved in the conservation of cranes to assist in carrying out this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Swine Producers
Market Loss Assistance Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Market loss assistance.
Sec. 5. Payment amounts and payment limitations.
Sec. 6. Relationship to other payments.
Sec. 7. Emergency requirement; use of Commodity Credit Corporation.
Sec. 8. Mandatory livestock market reporting.
Sec. 9. Regulations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The marketing relationships of swine producers with
meat packers have undergone significant changes in recent
years, and these changes have had an adverse effect on the
prices swine producers receive for swine.
(2) The concentration of the meat packing industry as it
relates to swine slaughter and processing, and the increase in
the number of live swine imported into the United States for
slaughter and processing, have had an adverse effect on the
availability of slaughter capacity in the United States and
have adversely affected the price of swine in the United
States.
(3) A swine market price crisis occurred in the United
States during the period beginning on October 1, 1998, through
December 31, 1998, which can be summarized as resting on three
salient facts:
(A) A 10 percent increase in swine available for
slaughter during the period.
(B) An eight percent decrease over the prior year
in packer slaughter capacity.
(C) A 37 percent increase in Canadian swine imports
into the United States during the period.
(4) The fourth quarter of 1998 (adjusted for inflation)
registered the lowest live swine prices in the United States
spot market for the 20th century, averaging 37 percent lower
than 1932.
(5) Swine producers had approximately $2,600,000,000 in
equity capital investment reduction in 1998 in the value of
their production ownership.
(6) According to Ron Plain, University of Missouri
Extension Economist, swine producers' share of the consumer
pork dollar was approximately $0.22 in 1998, and 1998 was the
first year since records have been maintained that swine
producers received less than 30 percent of the consumer dollar
spent for pork and pork products.
(7) Despite relatively little change in retail prices for
pork and pork products, consumption of pork and pork products
increased seven percent in 1998, and such products were the
only meat protein that reflected a net per capita consumption
increase in 1998 over 1997.
(b) Purpose.--The purpose of this Act is to partially compensate
swine producers who, due to circumstances beyond their control,
incurred substantial losses in the marketing of their swine during the
fourth quarter of 1998 as a result of--
(1) adverse economic factors in the swine market; and
(2) the failure of the Federal Government to pursue foreign
trade opportunities and to obtain cooperative limitations on
imports that substantially and adversely affected an industry
already under stressed market pricing conditions.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``swine'' means the porcine animal raised for
feeder pigs or slaughter produced solely in the United States.
(2) The term ``swine producer'' means a person in the
United States who, during the crisis period, produced swine for
feeder pigs or slaughter.
(3) The term ``crisis period'' means during the period
beginning on October 1, 1998, through December 31, 1998.
(4) The term ``packer'' has the meaning given the term in
section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C.
191).
(5) The term ``feeder pig'' means young swine that were
sold, during the crisis period, to another person for further
feeding for a period of more than one month.
(6) The term ``swine operation'' means any person or group
of persons who, as a single unit, raised swine during the
crisis period and whose production and facilities are located
in the United States.
(7) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. MARKET LOSS ASSISTANCE.
(a) Provision of Assistance.--As provided in section 7(b), the
Secretary of Agriculture shall administer a program to provide
financial assistance to swine producers to partially offset financial
market losses they incurred on swine they sold during the crisis
period.
(b) Eligibility for Payments.--Except as provided in subsection
(c), to be eligible for assistance under this Act, a swine producer
must have maintained a swine operation during the crisis period and
marketed swine for slaughter or the equivalent thereof for feeder pigs
during the crisis period.
(c) Certain Producers Ineligible.--The following swine producers
are ineligible for assistance under this Act:
(1) A swine producer that is a subsidiary of a publicly
owned packer.
(2) A swine producer that is wholly or substantially owned
by companies or corporations affiliated with a publicly owned
packer.
(3) A swine producer that is otherwise directly or
indirectly controlled by a publicly owned packer.
(d) Application Process.--In administering this Act, the Secretary
shall limit the assistance to eligible swine producers by an
application procedure or otherwise, as provided in this Act, and as
further delineated in regulations consistent with this Act. The swine
producer shall submit such information to the Secretary in support of
the application as the Secretary may require to enable the Secretary to
make an eligibility determination for assistance under this Act.
SEC. 5. PAYMENT AMOUNTS AND PAYMENT LIMITATIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this Act shall be distributed in a fair and equitable manner to
swine producers, either those for slaughter or the equivalent thereof
for feeder pigs and other swine, who have incurred losses in their
operations in all geographic regions of the United States.
(b) Amount of Payments.--
(1) Per swine.--The amount of assistance to be paid to a
eligible swine producer shall not exceed $25.00 per slaughter-
weight swine that was marketed by the producer during the
crisis period, except that the payment for feeder pigs shall
not exceed $9.00 per feeder pig marketed during the crisis
period, as provided by regulations issued by the Secretary
consistent with this Act.
(2) Calculation.--Subject to subsection (c), payments made
to swine operation producers under this Act shall be calculated
in an amount determined by--
(A) multiplying the number of eligible swine
marketed and slaughtered during the crisis period by
$25.00;
(B) adding to the amount in subparagraph (A) the
sum of the number of eligible feeder pigs, if any,
marketed during the crisis period multiplied by $9.00;
and
(C) deducting payments received in the program
specified in section 6(b) by the producer.
(c) Payment Limitations.--Payments may not exceed $50,000 per swine
operation for a swine producer.
SEC. 6. RELATIONSHIP TO OTHER PAYMENTS.
(a) Assistance in Addition to Other Payments.--Assistance provided
under this Act is in addition to--
(1) assistance made available under subtitles A, B, and C
of title XI of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1999 (as contained in section 101(a) of division A of Public
Law 105-277; 7 U.S.C. 1421 note);
(2) payments or loans obtained by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.);
(3) payments received by a person for the 1998 crop year
under the noninsured crop assistance program established under
section 196 of such Act (7 U.S.C. 7333);
(4) crop insurance indemnities provided for 1998 crops
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
and
(5) emergency loans made available for 1998 production
under subtitle C of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961 et seq.).
(b) Payments Under Small Hog Operation Program.--Assistance and
payments made to swine producers under the Small Hog Operation Program
of the Department of Agriculture, as announced January 8, 1999, using
funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be deducted from payments made to swine producers
under this Act.
SEC. 7. EMERGENCY REQUIREMENT; USE OF COMMODITY CREDIT CORPORATION.
(a) Designation by Congress as an Emergency Requirement.--
Notwithstanding the last sentence of section 251(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985, amounts made
available by this Act are designated by Congress as an emergency
requirement pursuant to section 251(e) of the Balanced Budget Deficit
Control Act of 1985.
(b) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out the provisions of this Act (other than the amendments made
by section 8).
SEC. 8. MANDATORY LIVESTOCK MARKET REPORTING.
(a) Reporting Required.--The Agricultural Marketing Act of 1946 is
amended by inserting after section 203 (7 U.S.C. 1622) the following
new section:
``SEC. 203A. MANDATORY LIVESTOCK MARKET REPORTING.
``(a) Definitions.--In this section:
``(1) Livestock.--The term `livestock' means cattle, sheep,
and swine, whether live or dead.
``(2) Livestock product.--The term `livestock product'
means any product or byproduct produced or processed in whole
or in part from livestock, including boxed beef, boxed lamb,
and any value-added product derived from pork.
``(3) Packer.--Subject to subsection (b)(1), the term
`packer' means any person engaged in the business of--
``(A) buying livestock in commerce for purposes of
slaughter;
``(B) manufacturing or preparing livestock products
for sale or shipment in commerce; or
``(C) marketing livestock products in an
unmanufactured form acting as a wholesale broker,
dealer, or distributor in commerce.
``(4) Prices, volume, and terms of sale.--The term `prices,
volume, and terms of sale' includes base price, premium and
discount price factors, formula-based pricing systems, quality
characteristics (including percent lean and carcass weight),
and any current or future contract offered by a packer.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Mandatory Reporting Required.--
``(1) Packers subject to requirement.--This subsection
applies only to a packer that the Secretary estimates is
engaged in the business of buying, manufacturing, preparing, or
marketing more than five percent (by daily volume) of--
``(A) all cattle, all sheep, or all swine that are
bought, prepared, or marketed in the United States;
``(B) all livestock products that are bought,
manufactured, prepared, or marketed in the United
States; or
``(C) any combination of subparagraphs (A) and (B).
``(2) Required information.--The Secretary shall require
each packer described in paragraph (1) to report to the
Secretary, in such manner as the Secretary shall require, such
information relating to prices, volume, and terms of sale for
the procurement of domestic and imported livestock and
livestock products as the Secretary determines is appropriate.
``(3) Administration.--In carrying out paragraph (2), the
Secretary shall require packers described in paragraph (1)--
``(A) to separately report domestic and imported
livestock and livestock products; and
``(B) to report the information required under
paragraph (2) by the next business day, as defined by
the Secretary.
``(4) Noncompliance.--It shall be unlawful for any packer
described in paragraph (1) to knowingly fail or refuse to
provide to the Secretary information required under paragraph
(2).
``(5) Verification.--The Secretary may take such actions as
are necessary to verify the accuracy of the information
required under paragraph (2), regardless of the source of the
information.
``(6) Cease and desist and civil penalty.--
``(A) In general.--If the Secretary has reason to
believe that a packer described in paragraph (1) is
violating this subsection (or a regulation issued under
this subsection), the Secretary may issue an order to
cease and desist from continuing the violation and
assess a civil penalty of not more than $10,000 for
each violation. The order shall be issued only after
notice and an opportunity for hearing is provided to
the packer.
``(B) Factors.--In determining the amount of a
civil penalty to be assessed under subparagraph (A),
the Secretary shall consider the gravity of the
offense, the size of the business involved, and the
effect of the penalty on the ability of the packer to
continue in business.
``(7) Referral to attorney general.--If, after expiration
of the period for appeal or after the affirmance of a civil
penalty assessed under paragraph (6), the packer against whom
the civil penalty is assessed fails to pay the civil penalty,
the Secretary may refer the matter to the Attorney General, who
may recover the amount of the civil penalty in a civil action
in United States district court.
``(c) Voluntary Reporting.--The Secretary shall encourage voluntary
reporting by packers that are not subjected to a mandatory reporting
requirement under subsection (b).
``(d) Availability of Information.--
``(1) Timely availability.--The Secretary shall make
information received under this section available to the public
in a timely manner to permit the use of the information while
it is still relevant.
``(2) Limitations.--The disclosure of information under
paragraph (1) may be made only in a form that ensures the
following:
``(A) The identity of the parties involved in any
transaction described in a report is not disclosed.
``(B) The identity of the packer submitting a
report is not disclosed.
``(C) The confidentiality of proprietary business
information is otherwise protected.
``(e) Effect on Other Laws.--Nothing in this section restricts or
modifies the authority of the Secretary to collect voluntary reports in
accordance with other provisions of law.
``(f) Termination of Mandatory Requirement.--The reporting
requirement established by subsection (b) shall expire at the end of
the three-year period beginning on the date of the enactment of this
section.''.
(b) Repeal of pilot price reporting investigation.--Section 416 of
the Packers and Stockyards Act, 1921 (7 U.S.C. 229a), as added by
section 1127(a) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (as
contained in section 101(a) of division A of Public Law 105-277), is
repealed.
SEC. 9. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary and appropriate to its implementation. The Secretary's
regulations shall address, among other matters, any misrepresentations,
schemes, or devices used by applicants in submitting claims for
benefits, appeals applicable with respect to those applicants
dissatisfied with determination of benefits, and provisions relating to
entitlement to benefits by estates, trusts, and minors. The issuance of
the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out
this Act, the Secretary shall use the authority provided under section
808(2) of title 5, United States Code. | Amends the Agricultural Marketing Act of 1946 to establish a temporary mandatory livestock reporting program for certain packers regarding livestock and livestock product prices, volume, and terms of sale.
Amends the Packers and Stockyards Act, 1921, as added by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in P.L. 105-277) to repeal provisions for the pilot price reporting investigation (concerning the reporting of certain meat and livestock price information.) | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Timing Resilience and
Security Act of 2017''.
SEC. 2. BACKUP GLOBAL POSITIONING SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Transportation, in consultation with the Secretary of
Homeland Security, shall provide for the establishment, sustainment,
and operation of a land-based, resilient, and reliable alternative
timing system to--
(1) reduce critical dependencies and provide a complement
to and backup for the timing component of the Global
Positioning System (in this section referred to as ``GPS'');
and
(2) to ensure the availability of uncorrupted and non-
degraded timing signals for military and civilian users in the
event that GPS timing signals are corrupted, degraded,
unreliable, or otherwise unavailable.
(b) Establishment of Requirements.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall
establish requirements for the procurement of the system
required by subsection (a) as a complement to and backup for
the timing component of GPS in accordance with the timing
requirements study required by section 1618 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2595).
(2) Requirements.--The Secretary of Transportation shall
ensure, to the maximum extent practicable, that the system
established under subsection (a)--
(A) be wireless;
(B) be terrestrial;
(C) provide wide-area coverage;
(D) deliver a precise, high-power 100 kilohertz
signal;
(E) be synchronized with coordinated universal
time;
(F) be resilient and extremely difficult to disrupt
or degrade;
(G) be able to penetrate underground and inside
buildings;
(H) be capable of deployment to remote locations;
(I) take full advantage of the infrastructure and
spectrum of the existing, unused government long-range
navigation system (commonly known as ``LORAN'');
(J) be developed, constructed, and operated
incorporating applicable private sector expertise;
(K) work in concert with and complement any other
similar positioning, navigation, and timing systems,
including enhanced long-range navigation systems and
Nationwide Differential GPS systems;
(L) be made available by the Secretary of
Transportation for use by other Federal and non-Federal
Government agencies for public purposes at no cost;
(M) be capable of adaptation and expansion to
provide position and navigation capabilities;
(N) incorporate the recommendations from any GPS
back-up demonstration program initiated and completed
by the Secretary, in coordination with other Federal
agencies, before the date specified in subsection
(c)(1); and
(O) incorporate such other elements as the
Secretary considers appropriate.
(c) Implementation Plan.--
(1) Plan required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Transportation
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the following:
(A) A plan to develop, construct, and operate the
system required by subsection (a).
(B) A description and assessment of the advantages
of a system to provide a follow-on complementary and
backup positioning and navigation capability to the
timing component of GPS.
(2) Deadline for commencement of operation.--The system
required by subsection (a) shall be in operation by not later
than two years after the date of the enactment of this Act.
(3) Minimum duration of operational capability.--The system
required by subsection (a) shall be designed to be fully
operational for not less than 20 years.
(d) LORAN Facilities.--
(1) In general.--If the Secretary of Transportation
determines that any LORAN infrastructure, including the
underlying real property and any spectrum associated with
LORAN, in the possession of the Coast Guard is required by the
Department of Transportation for the purpose of establishing
the system required by subsection (a), the Commandant of the
Coast Guard shall transfer such property, spectrum, and
equipment to the Secretary.
(2) CERCLA not affected.--This subsection shall not be
construed to limit the application of or otherwise affect
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h))
with respect to the Federal Government facilities described in
paragraph (1).
(e) Agreement.--
(1) In general.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, may enter
into a cooperative agreement (as that term is defined in
section 6305 of title 31, United States Code) with an entity
upon such terms and conditions as the Secretary of
Transportation determines will fulfill the purpose and
requirements of this section and be in the public interest.
Such agreement shall, at a minimum, require the Secretary of
Transportation to--
(A) authorize the entity to sell timing and other
services to commercial and non-commercial third
parties, subject to any national security requirements
determined by the Secretary, in consultation with the
Secretary of Defense;
(B) require the entity to develop, construct, and
operate at private expense the backup timing system in
accordance with this section;
(C) allow the entity to make any investments in
technologies necessary over the life of such agreement
to meet future requirements for advanced timing
resilience and technologies;
(D) require the entity to share revenue so as to
provide for an equitable share of the revenue received
with the Secretary by the entity from the sale of
timing services to third parties, taking into account
the entity's capital investment and its costs to
operate, maintain, and upgrade the system;
(E) require the entity--
(i) to assume all financial risk for the
completion and operational capability of the
system, after the Secretary provides facilities
necessary for the system under subsection (d);
and
(ii) to furnish performance and payment
bonds in connection with the system in a
reasonable amount as determined by the
Secretary; and
(F) require the entity to make any investments in
technologies necessary over the life of the agreement
to meet future requirements for advanced timing
resiliency.
(2) Competition required.--The Secretary shall use
competitive procedures similar to those authorized under
section 2667 of title 10, United States Code, in selecting an
entity to enter into a cooperative agreement pursuant to this
subsection.
(3) Authorization to purchase services.--The Secretary may,
subject to the availability of appropriations, purchase timing
system services from the entity, once the system achieves
operational status, for use by the Department of Transportation
and for provision to other Federal and non-Federal agencies as
described in this section. The costs of such services may be
offset, in whole or in part, pursuant to the revenue sharing
provision required by paragraph (1)(D).
(4) Determination.--The Secretary may not enter into a
cooperative agreement under this subsection unless the
Secretary determines that the agreement is in the best
financial interest of the Federal Government. The Secretary
shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such determination not later than 30 days
after the date of the determination.
(5) Definition.--In this subsection the term ``entity''
means a non-Federal entity with the demonstrated technical
expertise and requisite administrative and financial resources
to meet any terms and conditions established by the Secretary
for purposes of this subsection. | National Timing Resilience and Security Act of 2017 This bill requires the Department of Transportation to provide for the establishment, sustainment, and operation of a complement to and backup for the timing component of the Global Positioning System (GPS). (GPS satellites contain atomic clocks that provide precise time data and allow GPS receivers to synchronize to those clocks.) The system must: (1) reduce critical dependencies on the GPS network; (2) ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users if GPS timing signals are corrupted or otherwise unavailable; and (3) be land-based, operational in 2 years, and capable of operation for 20 years. | billsum_train |
Make a summary of the following text: SECTION 1. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by inserting after section 8335 the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
subchapter, effective as of the first day of the first Congress
beginning after the date of the enactment of this section--
``(1) a Member shall not be subject to this subchapter for
any further period of time; and
``(2) no further Government contributions or deductions
from basic pay may be made with respect to such Member for
deposit in the Treasury of the United States to the credit of
the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the first day referred to in
subsection (a).
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) be prescribed by the Director of the Office of
Personnel Management, except with respect to matters under
paragraph (2); and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined by section 8401(13)).''.
(b) Clerical Amendment.--The table of sections of chapter 83 of
title 5, United States Code, is amended by inserting after the item
relating to section 8335 the following:
``8335a. Termination of further retirement coverage of Members of
Congress.''.
SEC. 2. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) In General.--Subchapter II of chapter 84 of title 5, United
States Code, is amended by inserting after section 8425 the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the first day of the first Congress beginning
after the date of the enactment of this section--
``(1) in the case of an individual who first becomes a
Member before such first day--
``(A) such Member shall not be subject to this
chapter for any further period of time after such first
day or, if later, the date on which such Member
completes at least 5 years of Member service; and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member, for deposit in the Treasury of the United
States to the credit of the Fund, after such Member
ceases to be subject to this chapter; and
``(2) in the case of an individual who first becomes a
Member on or after such first day--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the first day referred to in subsection
(a).
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) be prescribed by the Director of the Office of
Personnel Management, except with respect to matters under
paragraph (2); and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined by section 8401(13)).''.
(b) Clerical Amendment.--The table of sections of chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8425 the following:
``8425a. Termination of further retirement coverage of Members of
Congress.''. | Amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress from further CSRS and FERS retirement coverage. Prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. States that nothing in this Act shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before the first day of the first Congress after enactment of this Act; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ruth Moore Act of 2013''.
SEC. 2. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) In the case of any veteran who claims that a covered
mental health condition was incurred in or aggravated by military
sexual trauma during active military, naval, or air service, the
Secretary shall accept as sufficient proof of service-connection a
diagnosis of such mental health condition by a mental health
professional together with satisfactory lay or other evidence of such
trauma and an opinion by the mental health professional that such
covered mental health condition is related to such military sexual
trauma, if consistent with the circumstances, conditions, or hardships
of such service, notwithstanding the fact that there is no official
record of such incurrence or aggravation in such service, and, to that
end, shall resolve every reasonable doubt in favor of the veteran.
Service-connection of such covered mental health condition may be
rebutted by clear and convincing evidence to the contrary. The reasons
for granting or denying service-connection in each case shall be
recorded in full.
``(2) For purposes of this subsection, in the absence of clear and
convincing evidence to the contrary, and provided that the claimed
military sexual trauma is consistent with the circumstances,
conditions, or hardships of the veteran's service, the veteran's lay
testimony alone may establish the occurrence of the claimed military
sexual trauma.
``(3) In this subsection:
``(A) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(B) The term `military sexual trauma' means, with respect
to a veteran, psychological trauma, which in the judgment of a
mental health professional, resulted from a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(b) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Reports on claims for disabilities incurred or aggravated
by military sexual trauma
``(a) Reports.--Not later than December 1, 2014, and each year
thereafter through 2018, the Secretary shall submit to Congress a
report on covered claims submitted during the previous fiscal year.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, listed by each sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The term `covered mental health condition' has the
meaning given that term in subparagraph (A) of section
1154(c)(3) of this title.
``(3) The term `military sexual trauma' has the meaning
given that term in subparagraph (B) of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(c) Effective Date.--Subsection (c) of section 1154 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to any claim for disability compensation under laws
administered by the Secretary of Veterans Affairs for which no final
decision has been made before the date of the enactment of this Act. | Ruth Moore Act of 2013 - Directs the Secretary of Veterans Affairs (VA), in any case in which a veteran claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active duty, to accept as sufficient proof of service-connection a diagnosis by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such condition is related to such trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and to resolve every reasonable doubt in favor of the veteran. Allows such service-connection to be rebutted by clear and convincing evidence to the contrary. Includes as a "covered mental health condition" post-traumatic stress disorder, anxiety, depression, or any other mental health diagnosis that the Secretary determines to be related to military sexual trauma. Requires the Secretary to report annually to Congress in each of 2014 through 2018 on covered claims submitted. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Modernization
Act of 2016''.
SEC. 2. AUTHORIZING NATIONAL LIBRARY SERVICE FOR THE BLIND AND
PHYSICALLY HANDICAPPED TO PROVIDE PLAYBACK EQUIPMENT IN
ALL FORMATS.
(a) In General.--The first sentence of the Act entitled ``An Act to
provide books for the adult blind'', approved March 3, 1931 (2 U.S.C.
135a), is amended by striking ``and for purchase, maintenance, and
replacement of reproducers for such sound-reproduction recordings'' and
inserting ``and for purchase, maintenance, and replacement of
reproducers for any such forms''.
(b) Effective Date.--This amendment made by subsection (a) shall
apply with respect to fiscal year 2017 and each succeeding fiscal year.
SEC. 3. LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States, as an account for the Librarian of Congress, the
``Library of Congress National Collection Stewardship Fund'' (hereafter
in this section referred to as the ``Fund'').
(b) Use of Amounts.--Amounts in the Fund may be used by the
Librarian as follows:
(1) The Librarian may use amounts directly for the purpose
of preparing collection materials of the Library of Congress
for long-term storage.
(2) The Librarian may transfer amounts to the Architect of
the Capitol for the purpose of designing, constructing,
altering, upgrading, and equipping collections preservation and
storage facilities for the Library of Congress, or for the
purpose of acquiring real property by lease for the
preservation and storage of Library of Congress collections in
accordance with section 1102 of the Legislative Branch
Appropriations Act, 2009 (2 U.S.C. 1823a).
(c) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Such amounts as may be transferred by the Librarian
from amounts appropriated for any fiscal year for the Library
of Congress under the heading ``Salaries and Expenses''.
(2) Such amounts as may be transferred by the Architect of
the Capitol from amounts appropriated for any fiscal year for
the Office of the Architect of the Capitol under the heading
``Library of Congress Buildings and Grounds''.
(3) Such amounts as may be appropriated to the Fund under
law.
(d) Continuing Availability of Funds.--Any amounts in the Fund
shall remain available until expended.
(e) Annual Report.--Not later than 180 days after the end of each
fiscal year, the Librarian and the Architect of the Capitol shall
submit a joint report on the Fund to the Joint Committee on the Library
and the Committees on Appropriations of the House of Representatives
and the Senate.
(f) Initial 5-Year Plan.--Not later than 6 months after the date of
the enactment of this Act, the Librarian shall submit to the Joint
Committee on the Library and the Committees on Appropriations of the
House of Representatives and the Senate a report providing a plan for
expenditures from the Fund for the first 5 fiscal years of the Fund's
operation.
(g) Effective Date.--This section shall apply with respect to
fiscal year 2017 and each succeeding fiscal year.
SEC. 4. CONTINUATION OF SERVICE OF RETURNING MEMBERS OF JOINT COMMITTEE
ON THE LIBRARY AT BEGINNING OF CONGRESS.
(a) Continuation of Service.--
(1) In general.--During the period beginning on the first
day of a Congress and ending on the date described in paragraph
(2), any Member of Congress who served as a member of the Joint
Committee on the Library during the previous Congress shall
continue to serve as a member of the Joint Committee.
(2) Date described.--The date described in this paragraph
is, with respect to a Congress--
(A) in the case of a Member of Congress who is a
Member of the House of Representatives, the date on
which Members of the House are appointed to serve on
the Joint Committee for the Congress; and
(B) in the case of a Member of Congress who is a
Senator, the date on which Senators are appointed to
serve on the Joint Committee for the Congress.
(3) Conforming amendment.--The final undesignated paragraph
under the heading ``Senate.'' in section 2 of the Act of March
3, 1883 (chapter 141; 22 Stat. 592) (2 U.S.C. 133), is hereby
repealed.
(b) Transitional Chairmanship Prior to First Organizational
Meeting.--During the period beginning on the first day of a Congress
and ending on the date of the first organizational meeting of the Joint
Committee on the Library, the Chairman of the Joint Committee on the
Library shall be determined as follows:
(1) If the member who served as Chairman during the
previous Congress is appointed to serve on the Joint Committee
for such Congress, such member shall serve as Chairman during
such period.
(2) If the member who served as Chairman during the
previous Congress is not appointed to serve on the Joint
Committee for such Congress but the member who served as Vice
Chairman during the previous Congress is appointed to serve on
the Joint Committee for such Congress, the member who served as
Vice Chairman shall serve as Chairman during such period.
(3) If neither the member who served as Chairman nor the
member who served as Vice Chairman during the previous Congress
is appointed to serve on the Joint Committee for such
Congress--
(A) the member who is the Chairman of the Committee
on House Administration of the House of Representatives
shall serve as Chairman during such period if the
Chairman during the previous Congress was a Member of
the House of Representatives; or
(B) the member who is the Chairman of the Committee
on Rules and Administration of the Senate shall serve
as Chairman during such period if the Chairman during
the previous Congress was a Senator.
(c) Effective Date.--This section and the amendment made by this
section shall apply with respect to the One Hundred Fifteenth Congress
and each succeeding Congress. | . Library of Congress Modernization Act of 2016 (Sec. 2) This bill authorizes the Library of Congress to purchase, maintain, or replace reproducers for books published either in raised characters, on sound-reproduction recordings, or in any other form (currently limited to reproducers of sound-reproduction recordings) for the use of the blind and for other physically disabled U.S. residents. (Sec. 3) The bill establishes the Library of Congress National Collection Stewardship Fund, whose amounts may be used for: preparing collection materials for long-term storage; and transferring amounts to the Architect of the Capitol for designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for acquiring real property by lease for the preservation and storage of Library of Congress collections. The Library of Congress shall report a plan for expenditures from the fund in its first five fiscal years of operation. (Sec. 4) The bill requires continued service on the Joint Committee on the Library in a new Congress, until new committee members are appointed, of Members of Congress who served on such Committee in the previous Congress. The bill also sets forth requirements for determining who shall serve as Chairman of the Joint Committee on the Library before its first organizational meeting in a new Congress. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Secretary of the Interior and the Secretary of
Agriculture should adopt a nationwide policy for governing
backcountry aviation issues related to the management of
Federal land under the jurisdiction of those Secretaries and
should require regional managers to adhere to that policy.
(2) Aircraft landing strips serve an essential safety role
as emergency landing areas.
(3) Aircraft landing strips provide access to people who
would otherwise be physically unable to enjoy national parks,
national forests, and other Federal lands and serve an
essential purpose in search and rescue, firefighting, forest,
and ecological management, research, and aerial mapping.
SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT
LANDING STRIPS.
(a) In General.--Neither the Secretary of the Interior nor the
Secretary of Agriculture shall take any action which would permanently
close or render or declare as unserviceable any aircraft landing strip
located on Federal land under the administrative jurisdiction of either
Secretary unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located has approved the
action;
(2) notice of the proposed action and the fact that the
action would permanently close or render or declare as
unserviceable the aircraft landing strip has been published in
the Federal Register;
(3) a 90-day public comment period on the action has been
provided after the publication under paragraph (2); and
(4) any comments received during the comment period
provided under paragraph (3) have been taken into consideration
by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, and the head of the aviation
department of each State in which the affected aircraft landing
strip is located.
(b) National Policy.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall--
(1) adopt a nationwide policy that is in accordance with
this Act for governing backcountry aviation issues related to
the management of Federal land under the jurisdiction of those
Secretaries; and
(2) require regional managers to adhere to that policy.
(c) Requirements for Policies.--A policy affecting air access to an
aircraft landing strip located on Federal land under the jurisdiction
of the Secretary of the Interior or the Secretary of Agriculture,
including the policy required by subsection (b), shall not take effect
unless the policy--
(1) states that the Federal Aviation Administration has the
sole authority to control aviation and airspace over the United
States; and
(2) seeks and considers comments from State governments and
the public.
(d) Maintenance of Airstrips.--
(1) In general.--The Secretary of the Interior and the
Secretary of Agriculture shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip on Federal
land under the jurisdiction of that Secretary is
located; and
(B) other interested parties,
to ensure that such aircraft landing strips are maintained in a
manner that is consistent with the resource values of the
adjacent area.
(2) Cooperative agreements.--The Secretary of the Interior
and the Secretary of Agriculture may enter into cooperative
agreements with interested parties for the maintenance of
aircraft landing strips located on Federal land.
(e) Exchanges or Acquisitions.--Closure or purposeful neglect of
any aircraft landing strip, or any other action which would render any
aircraft landing strip unserviceable, shall not be a condition of any
Federal acquisition of or exchange involving private property upon
which the aircraft landing strip is located.
(f) New Aircraft Landing Strips Not Created.--Nothing in this Act
shall be construed to create or authorize additional aircraft landing
strips.
(g) Permanently Close.--For the purposes of this Act, the term
``permanently close'' means any closure the duration of which is more
than 180 days in any calendar year.
(h) Applicability.--
(1) Aircraft landing strips.--This Act shall apply only to
established aircraft landing strips on Federal lands
administered by the Secretary of the Interior or the Secretary
of Agriculture that are commonly known and have been or are
consistently used for aircraft landing and departure
activities.
(2) Actions, policies, exchanges, and acquisitions.--
Subsections (a), (c), and (e) shall apply to any action,
policy, exchange, or acquisition, respectively, that is not
final on the date of the enactment of this Act.
(i) Federal Aviation Administration Authority not Affected.--
Nothing in this Act shall be construed to affect the authority of the
Federal Aviation Administration over aviation or airspace. | Requires the Secretaries to adopt a nationwide policy, meeting specified requirements, for governing backcountry aviation issues related to the management of Federal land under their jurisdiction of those Secretaries, and require regional managers to adhere to it.
Prescribes requirements for maintenance of such landing strips. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Medic Corpsmen Physician
Assistant Demonstration Program Act of 2010''.
SEC. 2. PHYSICIAN ASSISTANT MILITARY PATHWAYS PROGRAM.
(a) In General.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Veterans Affairs, in
collaboration with the Secretary of Labor, the Secretary of Defense,
and the Secretary of Health and Human Services, shall establish a
program in accordance with this section to examine methods of enabling
eligible individuals to build on medical skills gained through military
jobs by entering into the physician assistant workforce to meet the
demand for physician assistants.
(b) Study.--In carrying out the program, the Secretary shall
conduct a study that includes examination of the following:
(1) Whether the demonstration projects carried out under
subsection (c) are effective in improving the ability of
eligible individuals to become licensed physician assistants,
and what modifications to the demonstration projects are
necessary to meet that goal.
(2) Ways of bringing the demonstration projects carried out
under subsection (c) to the attention of eligible individuals,
including through information provided to eligible individuals
by--
(A) the Department of Defense transition program
known as the Transition Assistance Program, carried out
under section 1144 of title 10, United States Code; and
(B) the Department of Labor veterans transition
program carried out under chapter 41 of title 38,
United States Code.
(3) Whether eligible individuals participating in a
demonstration project carried out under subsection (c) are
receiving the educational support services they need in order
to complete their physician assistant education and obtain
certification, and what further steps the Secretary should take
in order to ensure that those eligible individuals have access
to such support services.
(4) Whether the program established under this section
could serve as a model for new programs to assist eligible
individuals in obtaining certification in other health care
fields.
(c) Grants for Demonstration Projects.--
(1) In general.--The Secretary shall award grants, on a
competitive basis, to eligible entities to carry out
demonstration programs in accordance with this subsection.
(2) Use of funds.--
(A) In general.--An eligible entity receiving a
grant under this subsection shall use funds from such
grant to establish a demonstration program that enables
eligible individuals to receive academic credit from an
accredited physician assistant program based on the
military credentials and medical skills experience of
the eligible individual.
(B) Priority admission.--In admitting eligible
individuals into a demonstration program carried out
with funds received under this subsection, an eligible
entity shall give priority to eligible individuals who
serve or have served as a paramedic or other similar
medical support position in the Armed Forces.
(C) Examination eligibility requirement.--An
eligible entity shall ensure that an eligible
individual participating in a demonstration program
carried out with funds received under this section is
eligible to take the Physician Assistant National
Certifying Exam administered by the National Commission
on Certification of Physician Assistants upon
completion of the program.
(3) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require, including--
(A) information demonstrating--
(i) the capability of the eligible entity
to work with eligible individuals;
(ii) a history of effective collaboration
between the eligible entity and--
(I) health care employers; and
(II) State medical licensing
boards, as appropriate; and
(B) an assurance that the eligible entity will
participate in any evaluations by the Secretary of the
demonstration program carried out with funds received
under this subsection, including participating in
reporting as required by the Secretary.
(4) Selection criteria.--The Secretary shall establish
selection criteria for eligible entities consistent with this
subsection, and shall ensure that the criteria give priority to
eligible entities showing the ability to sustain a
demonstration program developed under this subsection after the
expiration of the grant period.
(d) Technical Assistance.--The Secretary shall provide technical
assistance to eligible entities receiving grants under this subsection.
(e) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, and each year thereafter, the Secretary
shall submit to the appropriate committees of Congress and
Federal agencies a report on the findings and outcomes of the
program carried out under this section.
(2) Contents.--The Secretary shall include in each report
submitted under this subsection--
(A) the results of the study conducted under
subsection (b); and
(B) information pertaining to each eligible entity
receiving a grant under subsection (c) regarding the
number of eligible individuals referred to, accepted
into, and graduating from, the demonstration program
carried out by the eligible entity.
(3) Distribution.--The Secretary shall distribute a report
submitted under this subsection to veterans' service
organizations and State medical licencing boards.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Eligible individual.--The term ``eligible individual''
means an individual with medical or health professional
experience gained while serving in the Armed Forces who--
(A) has received a certificate, associate degree,
baccalaureate degree, master's degree, or post-
baccalaureate training in a science relating to health
care;
(B) has participated in the delivery of health care
services or related medical services, including
participation in military training relating to the
identification, evaluation, treatment, and prevention
of disease and disorders; and
(C) does not have--
(i) a degree of doctor of medicine;
(ii) a degree of doctor of osteopathy; or
(iii) a degree of doctor of dentistry.
(2) Eligible entity.--The term ``eligible entity'' means an
institution of higher education with a physician assistant
program that is accredited by the Accreditation Review
Commission on Education for the Physician Assistant.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$4,000,000 for each of fiscal years 2012 through 2016. | Veteran Medic Corpsmen Physician Assistant Demonstration Program Act of 2010 - Directs the Secretary of Veterans Affairs (VA) to establish a program to examine methods of enabling individuals with military medical or health professional work experience to build on such skills by entering into the physician assistant workforce. Outlines study requirements. Requires: (1) the Secretary to award grants to institutions of higher education with accredited physician assistant programs to carry out demonstration projects under the program; and (2) such institutions to give priority to individuals who serve or have served in the Armed Forces as a paramedic or other similar medical support position. | billsum_train |
Provide a condensed version of the following text: SECTION 1. COMMISSION ON OVERTIME REGULATIONS.
(a) Establishment of Commission.--There is established the
Commission on Overtime Regulations (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 member shall be appointed by the Secretary of
Labor from the general public;
(B) 1 member shall be a representative of business
to be nominated by the United States Chamber of
Commerce and appointed by the Secretary of Labor;
(C) 1 member shall be a representative of organized
labor to be nominated by the AFL-CIO and appointed by
the Secretary of Labor;
(D) 1 member shall be appointed by the chairman of
the Committee on Health, Education, Labor, and Pensions
of the Senate;
(E) 1 member shall be appointed by the ranking
minority member of the Committee on Health, Education,
Labor, and Pensions of the Senate;
(F) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the Senate;
(G) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the Senate;
(H) 1 member shall be appointed by the chairman of
the Committee on Education and the Workforce of the
House of Representatives;
(I) 1 member shall be appointed by the ranking
minority member of the Committee on Education and the
Workforce of the House of Representatives;
(J) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the House of
Representatives; and
(K) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the House of Representatives.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, and shall be filled in
the same manner as the original appointment.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among its
members.
(c) Duties of the Commission.--
(1) Study.--The Commission shall conduct a thorough study
of, and develop recommendations on, issues relating to the
modernization of the overtime provisions of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) in order to
promote clarity and compliance. In conducting such study the
Commission shall--
(A) review the categories and number of workers not
eligible for overtime pay under current regulations
under the Fair Labor Standards Act of 1938 and identify
how many workers and employers might be affected by
proposed changes to such regulations;
(B) determine if the proposed regulation relating
to overtime is sufficiently clear to be easily
understood by employers and workers;
(C) assess the paperwork burden that employers
would have in order to assure that each individual
worker, claimed to be exempt from such overtime
requirements, actually is exempt under such regulation;
(D) assess the extent to which it will be clear to
the individual worker as to his or her overtime pay
protection under the proposed regulation;
(E) determine the impact of the proposed regulation
on the access of individuals to health care based upon
the impact the proposed regulation has on nurses and
pharmacists, and the impact that such regulation has on
fundamental security occupations of first responders
such as police, firefighters, and paramedics;
(F) identify how the proposed regulation would
affect enforcement and compliance actions of the
Department of Labor;
(G) make recommendation to simplify the definitions
of professional or managerial duties that exempt
workers from overtime requirements so that they have a
greater ability to know in advance what their
expectations should be;
(H) identify new and emerging specialty positions
in the modern workplace that require clarification of
their status with respect to the professional employees
exemption to the overtime requirements;
(I) review the need to update the exemption to the
overtime requirements for computer workers;
(J) examine the merits of an income ceiling above
which workers would be exempt from the overtime
requirements;
(K) review the salary levels used to trigger the
regulatory tests for overtime compliance, including the
merits and drawbacks of indexing such levels for
inflation;
(L) consider what kind of limited or conditional
``docking'' flexibility would provide employers with
alternatives to termination and to week-long
suspensions without being used as a subterfuge to evade
or undermine the salary test with respect to overtime
requirements;
(M) identify obstacles small businesses may face in
achieving compliance or correction with respect to the
overtime requirements and develop a means to overcome
those obstacles;
(N) clarify the definition of ``workplace conduct''
so that employers and employees know whether dangerous
or abusive situations, such as harassment or violence
off the employer's premises can, nevertheless, be
addressed in a manner consistent with the Fair Labor
Standards Act of 1938;
(O) identify ways in which employers can satisfy
the requirement that policies regarding workplace
conduct be in writing to permit the use of other forms
of notice or other technologies for communications
while ensuring that notice is fairly provided to
workers;
(P) identify ways to improve the availability of
the proposed safe harbor means of demonstrating
compliance with the overtime regulations by clarifying
that such regulations are intended to parallel existing
legal requirements for discrimination or labor law
cases and not to prompt new litigation or confusion;
and
(Q) study other issues determined appropriate by
the Commission.
(2) Report.--Not later than July 30, 2004, the Commission
shall prepare and submit to the Secretary of Labor, the
appropriate committees of Congress, and the general public a
report concerning the study conducted under paragraph (1). The
report shall include the findings and recommendations of the
Commission with respect to the matters described in
subparagraphs (A) through (Q) of paragraph (1).
(3) Effective date of revised regulations.--The Secretary
of Labor shall ensure that the effective date for any proposed
modifications to the regulations relating to the overtime
requirements under the Fair Labor Standards Act of 1938 is not
earlier than 60 days after the date on which the report is
submitted under paragraph (2).
(d) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section. The Commission shall, to the maximum
extent possible, use existing data and research prior to
holding such hearings
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this section. Upon request of the Chairperson of the
Commission, the head of such department or agency shall furnish
such information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(e) Commission Personnel Matters.--
(1) Compensation; travel expenses.--Each member of the
Commission shall serve without compensation but shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(2) Staff and equipment.--The Department of Labor shall
provide all financial, administrative, and staffing
requirements for the Commission including--
(A) office space;
(B) furnishings; and
(C) equipment.
(f) Termination of the Commission.--The Commission shall terminate
90 days after the date on which the Commission submits its report under
subsection (c)(2). | Establishes the Commission on Overtime Regulations.
Directs the Commission to study, develop recommendations, and report by July 30, 2004, on issues relating to the modernization of the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA), to promote clarity and compliance. Requires such study to include assessments of various impacts of proposed changes to regulations relating to such provisions.
Directs the Secretary of Labor to ensure that the effective date for any proposed changes to such regulations is at least 60 days after such report is submitted to the Secretary, the appropriate congressional committees, and the public. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Manufacturers Legal
Accountability Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable agency.--The term ``applicable agency''
means, with respect to covered products--
(A) described in subparagraphs (A) and (B) of
paragraph (3), the Food and Drug Administration;
(B) described in paragraph (3)(C), the Consumer
Product Safety Commission;
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection Agency;
(D) described in paragraph (3)(F), the National
Highway Traffic Safety Administration; and
(E) described in paragraph (3)(G)--
(i) the Food and Drug Administration, if
the item is intended to be a component part of
a product described in subparagraph (A) or (B)
of paragraph (3);
(ii) the Consumer Product Safety
Commission, if the item is intended to be a
component part of a product described in
paragraph (3)(C);
(iii) the Environmental Protection Agency,
if the item is intended to be a component part
of a product described in subparagraph (D) or
(E) of paragraph (3); and
(iv) the National Highway Traffic Safety
Administration, if the item is intended to be a
component part of a product described in
paragraph (3)(F).
(2) Commerce.--The term ``commerce'' means trade, traffic,
commerce, or transportation--
(A) between a place in a State and any place
outside thereof; or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).
(3) Covered product.--The term ``covered product'' means
any of the following:
(A) Drugs, devices, and cosmetics, as such terms
are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(B) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(C) A consumer product, as such term is used in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A chemical substance or new chemical substance,
as such terms are defined in section 3 of the Toxic
Substances Control Act (15 U.S.C. 2602), in its
imported form.
(E) A pesticide, as such term is defined in section
2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(F) A motor vehicle or motor vehicle equipment, as
such terms are defined in section 30102 of title 49,
United States Code.
(G) An item intended to be a component part of a
product described in subparagraph (A), (B), (C), (D),
(E), or (F) but is not yet a component part of such
product.
(4) Distribute in commerce.--The term ``distribute in
commerce'' means to sell in commerce, to introduce or deliver
for introduction into commerce, or to hold for sale or
distribution after introduction into commerce.
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO
ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.
(a) Registration.--
(1) In general.--Beginning on the date that is 180 days
after the date on which the regulations are prescribed pursuant
to subsection (d) and except as provided in this subsection,
the head of each applicable agency shall require foreign
manufacturers and producers of covered products distributed in
commerce to register an agent in the United States who is
authorized to accept service of process on behalf of such
manufacturer or producer for the purpose of any State or
Federal regulatory proceeding or any civil action in State or
Federal court related to such covered product, if such service
is made in accordance with the State or Federal rules for
service of process in the State in which the case or regulatory
action is brought.
(2) Location.--The head of each applicable agency shall
require that an agent of a foreign manufacturer or producer
registered under paragraph (1) be--
(A) located in a State chosen by the foreign
manufacturer or producer with a substantial connection
to the importation, distribution, or sale of the
products of the foreign manufacturer or producer; and
(B) an individual, domestic firm, or domestic
corporation that is a permanent resident of the United
States.
(3) Designation by manufacturer or producer and acceptance
by agent.--The head of each applicable agency shall, at a
minimum, require a--
(A) written designation by a foreign manufacturer
or producer with respect to which paragraph (1)
applies--
(i) signed by an official or employee of
the foreign manufacturer or producer with
authority to appoint an agent;
(ii) containing the full legal name,
principal place of business, and mailing
address of the manufacturer or producer; and
(iii) containing a statement that the
designation is valid and binding on the foreign
manufacturer or producer for the purposes of
this Act; or
(B) written acceptance by the agent registered by a
foreign manufacturer or producer with respect to which
paragraph (1) applies--
(i) signed by the agent or, in the case in
which a domestic firm or domestic corporation
is designated as an agent, an official or
employee of the firm or corporation with
authority to sign for the firm or corporation;
(ii) containing the agent's full legal
name, physical address, mailing address, and
phone number; and
(iii) containing a statement that the agent
accepts the designation and acknowledges that
the duties of the agent may not be assigned to
another person or entity and the duties remain
in effect until withdrawn or replaced by the
foreign manufacturer or producer.
(4) Applicability.--
(A) In general.--Paragraph (1) applies only with
respect to a foreign manufacturer or producer that
exceeds minimum requirements established by the head of
the applicable agency under this section.
(B) Factors.--In determining the minimum
requirements for application of paragraph (1) to a
foreign manufacturer or producer, the head of the
applicable agency shall, at a minimum, consider the
following:
(i) The value of all covered products
imported from the manufacturer or producer in a
calendar year.
(ii) The quantity of all covered products
imported from the manufacturer or producer in a
calendar year.
(iii) The frequency of importation from the
manufacturer or producer in a calendar year.
(b) Registry of Agents of Foreign Manufacturers.--
(1) In general.--The Secretary of Commerce shall, in
cooperation with each head of an applicable agency, establish
and keep up to date a registry of agents registered under
subsection (a).
(2) Availability.--The Secretary of Commerce shall make the
registry established under paragraph (1) available--
(A) to the public in a searchable format through
the Internet website of the Department of Commerce; and
(B) to the Commissioner responsible for U.S.
Customs and Border Protection in a format prescribed by
the Commissioner.
(c) Consent to Jurisdiction.--
(1) In general.--A foreign manufacturer or producer of a
covered product that registers an agent under this section
thereby consents to the personal jurisdiction of the State and
Federal courts of the State in which the registered agent is
located for the purpose of any judicial proceeding related to
such covered product.
(2) Rule of construction.--Paragraph (1) shall not apply to
actions brought by foreign plaintiffs where the alleged injury
or damage occurred outside the United States.
(d) Regulations.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, the
Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
prescribe regulations to carry out this section.
(2) Interagency cooperation.--The Secretary of Commerce,
the Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
cooperate and consult with one another for the purpose of--
(A) prescribing consistent regulations to the
extent necessary for the effective and efficient
sharing of information and establishment of systems and
procedures necessary to carry out this section; and
(B) establishing minimum requirements described in
subsection (a)(4), and to the extent advisable and
practicable for the purpose of establishing consistent
minimum requirements.
SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Declaration.--Beginning on the date that is 180 days after the
date on which the regulations required under section 3(d) are
prescribed, any person importing into the United States a covered
product if such product was manufactured or produced outside the United
States shall provide to U.S. Customs and Border Protection a
declaration that--
(1) the person has made appropriate inquiry as to whether
the manufacturer or producer of the covered product has
complied with the requirements of section 3, including by
seeking appropriate documentation from the exporter of the
covered product and by consulting the registry established
pursuant to section 3(b); and
(2) to the best of the person's knowledge, with respect to
each importation of a covered product, the foreign manufacturer
or producer of the product has registered an agent in the
United States as required under section (3)(a).
(b) Penalties.--An importer who fails to provide a declaration
required under subsection (a), or files a false declaration, shall be
subject to the applicable penalty under section 592 of the Tariff Act
of 1930 (19 U.S.C. 1592) or under title 18, United States Code, with
respect to importation of a covered product.
(c) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall prescribe regulations to carry out this
section. The regulations shall provide that the declaration of
the importer required under subsection (a) shall accompany the
entry summary documentation or, in the case of repeated
transactions, may be submitted on an annual basis.
(2) Form.--The regulations shall provide for the
declaration to be submitted electronically and maintained as an
electronic record within the data management systems of U.S.
Customs and Border Protection.
SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES.
(a) Determination by Manufacturer or Producer.--Not later than 5
working days after determining to conduct a safety recall or other
safety campaign in a foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(b) Determination by Foreign Government.--Not later than 5 working
days after receiving notification that the government of a foreign
country has determined that a safety recall or other safety campaign
must be conducted in the foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(c) Reporting Requirements.--Not later than the date described in
subsection (d), the head of each applicable agency shall prescribe the
contents of the notification required by this section.
(d) Effective Date.--Except as provided in subsection (c), this
section shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS
AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED
STATES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture and the Commissioner of Food and Drugs
shall jointly--
(1) complete a study on the feasibility and advisability of
requiring foreign producers of food distributed in commerce to
register an agent in the United States who is authorized to
accept service of process on behalf of such producers for the
purpose of any State or Federal regulatory proceeding or any
civil action in State or Federal court related to such food
products; and
(2) submit to Congress a report on the findings of the
Secretary with respect to such study.
SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND
PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS.
Not later than 2 years after the date of the enactment of this Act,
the head of each applicable agency shall--
(1) complete a study on determining feasible and advisable
methods of requiring manufacturers or producers of component
parts within covered products manufactured or produced outside
the United States and distributed in commerce to register
agents in the United States who are authorized to accept
service of process on behalf of such manufacturers or producers
for the purpose of any State or Federal regulatory proceeding
or any civil action in State or Federal court related to such
component parts; and
(2) submit to Congress a report on the findings of the head
of the applicable agency with respect to the study.
SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO
DEFECTIVE DRYWALL IMPORTED FROM CHINA.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) complete a study on methods to enforce judgments of any
State or Federal regulatory proceeding or any civil action in
State or Federal court relating to defective drywall imported
from the People's Republic of China and distributed in commerce
during the period 2004 through 2007 and used in residential
dwellings in the United States; and
(2) submit to Congress a report on the findings of the
Comptroller General with respect to the study.
SEC. 9. RELATIONSHIP WITH OTHER LAWS.
Nothing in this Act shall affect the authority of any State to
establish or continue in effect a provision of State law relating to
service of process or personal jurisdiction, except to the extent that
such provision of law is inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency. | Foreign Manufacturers Legal Accountability Act of 2011 - Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding.
Requires any person who imports into the United States a covered product manufactured or produced outside the United States to make to the U.S. Customs and Border Protection (CBP) a declaration that, to the best of the person's knowledge, with respect to the importation of each covered product, the foreign manufacturer or producer of the product has registered an agent in the United States. Subjects to certain penalties an importer who fails to provide this or files a false declaration.
Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States.
Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to study jointly the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process.
Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Credit for Charitable
Contributions Act of 2003''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(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 25B the
following new section:
``SEC. 25C. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(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 qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $100 (twice such amount in the case of a
joint return).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.
``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case
of any taxable year beginning in a calendar year after 2003, the $100
amount contained in subsection (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 `calendar year 2002' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $5.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the following new
item:
``Sec. 25C. Credit for certain charitable
contributions.''
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date. | Tax Credit for Charitable Contributions Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National
Collegiate Athletics Accountability Act'', or the ``NCAA Act''.
(b) Findings.--The Congress finds as follows:
(1) Nationwide, institutions of higher education receive
approximately $150,000,000,000 to $200,000,000,000 in funding
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) annually, including approximately $20,000,000,000
to $30,000,000,000 in Federal Pell Grants.
(2) In fiscal year 2014, institutions of higher education
are projected to receive approximately $140,000,000,000 in
Federal student aid under title IV of such Act, which accounts
for 77 percent of all funding received by these institutions
from the Federal Government.
(3) Funding under title IV of such Act is used to provide
grants, loans, and work-study funds from the Federal Government
to eligible students enrolled in institution of higher
education, including career schools.
(4) Many institutions of higher education participate in
voluntary, nonprofit athletic associations and athletic
conferences, with the largest such association having over
1,000 member institutions of higher education with more than
430,000 students participating in athletics, and providing
approximately $523,000,000 in revenue sharing to such members.
(5) Athletic programs at institutions of higher education
are some of the largest revenue generators for such
institutions nationwide, accounting for approximately
$6,100,000,000 in revenue from ticket sales, radio and
television receipts, alumni contributions, guarantees,
royalties, and association distributions.
(6) The Committee on Sports Medicine of the American
Academy of Pediatrics published a classification of sports
based on the likelihood of contact, impact, or injury, and
determined that--
(A) boxing, field hockey, football, ice hockey,
lacrosse, martial arts, rodeo, soccer, and wrestling
are contact/collision sports; and
(B) baseball, basketball, bicycling, diving, high
jump, pole vault, gymnastics, horseback riding, ice
skating, roller skating, cross-country skiing, downhill
skiing, water skiing, softball, squash, handball, and
volleyball are limited-contact/impact sports.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) In the case of an institution that has an
intercollegiate athletic program, the institution will not be a
member of a nonprofit athletic association unless such
association--
``(A) requires annual baseline concussion testing
of each student athlete on the active roster of each
team participating in a contact/collision sport or a
limited-contact/impact sport (based on the most recent
classification of sports published by the Committee on
Sports Medicine of the American Academy of Pediatrics)
before such student athlete may participate in any
contact drills or activities;
``(B) prior to enforcing any remedy for an alleged
infraction or violation of the policies of such
association--
``(i) provides institutions and student
athletes with the opportunity for a formal
administrative hearing, not less than one
appeal, and any other due process procedure the
Secretary determines by regulation to be
necessary; and
``(ii) hold in abeyance any such remedy
until all appeals have been exhausted or until
the deadline to appeal has passed, whichever is
sooner;
``(C) with respect to institutions attended by
students receiving athletically related student aid (as
defined in section 485(e)), requires any such
athletically related student aid provided to student
athletes who play a contact/collision sport (based on
the most recent classification of sports published by
the Committee on Sports Medicine of the American
Academy of Pediatrics) to be--
``(i) guaranteed for the duration of the
student athlete's attendance at the
institution, up to 4 years; and
``(ii) irrevocable for reasons related to
athletic skill or injury of the student
athlete; and
``(D) does not have in place a policy that
prohibits institutions from paying stipends to student
athletes.''.
SEC. 3. PRESIDENTIAL COMMISSION ON INTERCOLLEGIATE ATHLETICS.
(a) Establishment.--There is established a commission to be known
as the Presidential Commission on Intercollegiate Athletics.
(b) Duties.--
(1) Review.--The Commission shall review and analyze the
following issues related to intercollegiate athletics:
(A) The interaction of athletics and academics,
including--
(i) the extent to which existing athletic
practices allow student athletes to succeed as
both students and athletes;
(ii) how athletics affect the academic
mission, academic integrity, and credit
worthiness of institutions of higher education;
(iii) graduation rates of student athletes;
and
(iv) standards of academic eligibility for
participation in and terms of scholarships for
student athletes.
(B) The financing of intercollegiate athletics,
including--
(i) sources of revenue, including student
fees, media contracts, and licensing
agreements;
(ii) expenditures of revenue, including
compliance with title IX of the Education
Amendments of 1972, coaching salaries, and
facilities development;
(iii) the ability of institutions of higher
education to finance intercollegiate athletics;
(iv) the financial transparency of
intercollegiate athletics;
(v) the criteria for receipt of financial
disbursements or rewards from athletic
membership associations;
(vi) rules related to earnings and benefits
by student athletes, including the possibility
of commercial compensation for the use of the
names, images, and likenesses of student
athletes and whether a student athlete may
retain a personal representative to negotiate
on behalf of the student athlete;
(vii) tax regulations related to revenue
from intercollegiate athletics; and
(viii) Federal judicial decisions that
affect compensation for student athletes or the
right of student athletes to organize as a
collective bargaining unit.
(C) Recruitment and retention of student athletes,
including rules related to--
(i) professional sports participation;
(ii) transfer of student athletes to other
institutions; and
(iii) recruitment and representations made
to potential student athletes.
(D) Oversight and governance practices.
(E) Health and safety protections for student
athletes.
(F) Due process and equal enforcement related to
rules and regulations for student athletes.
(G) Any other issues the Commission considers
relevant to understanding the state of intercollegiate
athletics.
(2) Recommendations.--The Commission shall develop
recommendations regarding the issues identified in paragraph
(1) based on the review and analysis of the issues under such
paragraph.
(c) Membership.--
(1) In general.--The Commission shall be composed of 17
members appointed as follows:
(A) Five members appointed by the President, in
consultation with the Secretary of Education and the
Attorney General.
(B) Three members appointed by the Speaker of the
House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) two individuals who are not Members of
Congress.
(C) Three members appointed by the minority leader
of the House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) two individuals who are not Members of
Congress.
(D) Three members appointed by the majority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) two individuals who are not Members of
Congress.
(E) Three members appointed by the minority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) two individuals who are not Members of
Congress.
(2) Qualifications.--Appointments shall be made from
individuals who are specially qualified to serve on the
Commission by virtue of their education, training, or
experience.
(3) Vacancy.--Any vacancy on the Commission shall not
affect the powers of the Commission, but shall be filled in the
manner in which the original appointment was made.
(4) Chair.--The Chair of the Commission shall be elected by
the members.
(5) Reimbursement; service without pay.--Members of the
Commission shall serve without pay, except members of the
Commission shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out the functions of the Commission, in the same
manner as persons employed intermittently by the Federal
Government are allowed expenses under section 5703 of title 5,
United States Code.
(d) Staff.--The Commission may appoint and fix the compensation of
a staff director and such other personnel as may be necessary to enable
the Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this paragraph may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(e) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chair or of a majority of its members.
(2) First meeting.--The first such meeting shall occur not
later than 90 days after the date of the enactment of this Act.
(f) Powers.--
(1) In general.--The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Delegation.--Any member or agent of the Commission may,
if authorized by the Commission, take any action which the
Commission is authorized to take by this subsection.
(3) Access to information.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(4) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support.--The Administrator of General
Services shall provide to the Commission on a reimbursable
basis such administrative support services as the Commission
may request that are necessary for the Commission to carry out
its responsibilities under this section.
(g) Report.--Not later than the date that is 1 year after the date
of the first meeting of the Commission, the Commission shall submit to
the President and the Congress a written report of its findings and
recommendations based on the review and analysis required by subsection
(b).
(h) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the report
required by subsection (g).
(i) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Presidential Commission on Intercollegiate Athletics
established by subsection (a).
(2) Institution of higher education.--The term
``institution of higher education'' means any institution
that--
(A) meets the definition in section 102(a)(1) of
the Higher Education Act of 1965 (20 U.S.C.
1002(a)(1)); and
(B) has student athletes who are eligible for
Federal student loans. | National Collegiate Athletics Accountability Act or the NCAA Act This bill amends title IV of the Higher Education Act of 1965 to require program participation agreements to prohibit an institution with an intercollegiate athletic program from membership in a nonprofit athletic association unless the association: requires annual baseline concussion testing prior to a student athlete's participation in contact sports; requires certain due process procedures for students and institutions prior to enforcing a remedy for any infraction; requires athletically related student aid to be guaranteed for the duration of the student's attendance, up to four years, and irrevocable due to skill or injury; and permits member institutions to pay stipends to student athletes. The legislation also establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on certain issues related to intercollegiate athletics, including the interaction of athletics and academics, the financing of intercollegiate athletics, the recruitment and retention of student athletes, oversight and governance practices, health and safety protections for student athletes, and due process and equal enforcement of student athlete rules and regulations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Windfall Profits Rebate Act of
2005''.
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 56--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 the excess of--
``(1) the amount equal to 50 percent of the windfall profit
from all barrels of taxable crude oil removed from the property
during each taxable year, over
``(2) the amount of qualified investment by such company
during such taxable year.
``(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;
QUALIFIED INVESTMENT.
``(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.--
``(1) In general.--For purposes of this chapter, the term
`adjusted base price' means $40 for each barrel of taxable
crude oil plus an amount equal to--
``(A) such base price, multiplied by
``(B) the inflation adjustment for the calendar
year in which the taxable crude oil is removed from the
property.
The amount determined under the preceding sentence shall be
rounded to the nearest cent.
``(2) Inflation adjustment.--
``(A) In general.--For purposes of paragraph (1),
the inflation adjustment for any calendar year after
2006 is the percentage by which--
``(i) the implicit price deflator for the
gross national product for the preceding
calendar year, exceeds
``(ii) such deflator for the calendar year
ending December 31, 2005.
``(B) First revision of price deflator used.--For
purposes of subparagraph (A), the first revision of the
price deflator shall be used.
``(d) Qualified Investment.--For purposes of this chapter--
``(1) In general.--The term `qualified investment' means
any amount paid or incurred with respect to--
``(A) section 263(c) costs,
``(B) qualified refinery property (as defined in
section 179C(c) and determined without regard to any
termination date),
``(C) any qualified facility described in paragraph
(1), (2), (3), or (4) of section 45(d) (determined
without regard to any placed in service date), and
``(D) any facility for the production of alcohol
used as a fuel (within the meaning of section 40) or
biodiesel or agri-biodiesel used as a fuel (within the
meaning of section 40A).
``(2) Section 263(c) costs.--For purposes of this
subsection, the term `section 263(c) costs' means intangible
drilling and development costs incurred by the taxpayer which
(by reason of an election under section 263(c)) may be deducted
as expenses for purposes of this title (other than this
paragraph). Such term shall not include costs incurred in
drilling a nonproductive well.
``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 Windfall Profits
Rebate Act of 2005, 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.
``(g) Termination.--This section shall not apply to taxable crude
oil removed after the date which is 3 years after the date of the
enactment of this section.''.
(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. 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.--
(1) In general.--The amendments made by this section shall
apply to crude oil removed after the date of the enactment of
this Act, in taxable years ending after such date.
(2) Transitional rules.--For the period ending December 31,
2005, the Secretary of the Treasury or the Secretary's delegate
shall prescribe rules relating to the administration of chapter
56 of the Internal Revenue Code of 1986. To the extent provided
in such rules, such rules shall supplement or supplant for such
period the administrative provisions contained in chapter 56 of
such Code (or in so much of subtitle F of such Code as relates
to such chapter 56).
SEC. 3. ENERGY CONSUMER 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. ENERGY CONSUMER 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 each taxable year beginning after December
31, 2005, in an amount equal to the lesser of--
``(1) the amount of the taxpayer's liability for tax for
such taxpayer's preceding taxable year, or
``(2) the applicable amount.
``(b) Liability for Tax.--For purposes of this section, the
liability for tax for any taxable year shall be the excess (if any)
of--
``(1) the sum of--
``(A) the taxpayer's regular tax liability (within
the meaning of section 26(b)) for the taxable year,
``(B) the tax imposed by section 55(a) with respect
to such taxpayer for the taxable year, and
``(C) the taxpayer's social security taxes (within
the meaning of section 24(d)(2)) for the taxable year,
over
``(2) the sum of the credits allowable under part IV of
subchapter A of chapter 1 (other than the credits allowable
under subpart C thereof, relating to refundable credits) for
the taxable year.
``(c) Applicable Amount.--For purposes of this section, the
applicable amount for any taxpayer shall be determined by the Secretary
not later than the date specified in subsection (d)(1) taking into
account the number of such taxpayers and the amount of revenues in the
Treasury resulting from the tax imposed by section 5896 for the
calendar year preceding the taxable year.
``(d) Date Payment Deemed Made.--
``(1) In general.--The payment provided by this section
shall be deemed made on February 1 of the calendar year ending
with or within the taxable year.
``(2) Remittance of payment.--The Secretary shall remit to
each taxpayer the payment described in paragraph (1) not later
that the date which is 30 days after the date specified in
paragraph (1).
``(e) Certain Persons not Eligible.--This section shall not apply
to--
``(1) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins,
``(2) any estate or trust, or
``(3) 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 enacted
by the Windfall Profits Rebate Act of 2005''.
(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. Energy consumer rebate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Windfall Profits Rebate Act of 2005 - Amends the Internal Revenue Code to: (1) impose an excise tax on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; and (3) allow an income tax rebate for all taxpayers based upon windfall tax revenues, as determined by the Secretary of the Treasury. 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 adjusted for inflation) of such barrel. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Decennial Census Improvement Act of
1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Constitution requires that the number of persons in
the Nation be enumerated every 10 years in order to permit the
apportionment of Representatives among the several States;
(2) information collected through a decennial census is
also used to determine--
(A) the boundaries of congressional districts
within States;
(B) the boundaries of the districts for the
legislature of each State and the boundaries of other
political subdivisions within the States; and
(C) the allocation of billions of dollars of
Federal and State funds;
(3) the Constitution requires that those enumerations be
made in such manner as the Congress ``shall by law direct'';
(4) in the 1990 decennial census, the Bureau of the Census
used a combination of mail questionnaires and personal
interviews, involving more than 350,000 enumerators, to collect
the census data;
(5) while the census cannot count everyone, the extent of
the undercount varies by race and geography; for example, the
Bureau estimates that the 1990 decennial census failed to count
5.7 percent of blacks and 1.3 percent of all others;
(6) a number of lawsuits were filed challenging the
accuracy of the 1990 decennial census, and in March 1996 the
Supreme Court unanimously upheld the Secretary of Commerce's
decision in July 1991 not to adjust the initial enumeration in
the 1990 decennial census by using a postenumeration
statistical survey;
(7) on February 28, 1996, the Bureau announced that, for
the 2000 decennial census, it plans to use a combination of
mail questionnaires and personal interviews in each county
until it has collected data from 90 percent of the households
in the county, whereupon it would conduct interviews with
respect to one-tenth of the remaining households in the county
and use the information obtained from those interviews to make
estimates with respect to the remaining nonresponding
households;
(8) certain witnesses testified, at a hearing held by the
Committee on Government Reform and Oversight of the House of
Representatives on February 29, 1996, that the Bureau's
proposed sampling technique may increase the disparity in the
undercount among either geographic areas (such as between rural
and urban areas) or racial or ethnic groups (such as with
respect to African Americans and Hispanic Americans, as
compared to other groups);
(9) the planning, conduct, and analysis of a decennial
census often requires close to a period of 10 years;
(10) the Bureau estimates that the proposed sampling
technique will cost about $500 million less, over that period
of time, than the $4.4 billion that it estimates would be spent
over that same period if the method used in the 1990 decennial
census were to be used (instead of such sampling technique) in
the 2000 decennial census; and
(11) the Chairman of the Panel on Census Requirements in
the Year 2000 and Beyond of the National Academy of Sciences
testified at the February 29th hearing that there is a trade-
off between cost savings associated with using a sampling
technique on the one hand, and adverse effects with respect to
sampling variability, public perception, and political
consequences, on the other.
(b) Purposes.--It is the purpose of this Act to promote the
accuracy of the 2000 decennial census, and public confidence with
respect to the data obtained therefrom.
SEC. 3. REQUIREMENTS.
The 2000 decennial census shall be conducted in accordance with the
following:
(1) Direct contact must be attempted.--The Bureau shall
attempt to contact every household directly (whether by mail or
in person), and may use sampling as a substitute for direct
contact in a particular census tract only after direct contact
has been made with at least 90 percent of the households in
such tract.
(2) Greater use of non-federal resources.--The Bureau--
(A) shall seek to make more effective use of State
and local government offices, as well as appropriate
local groups, in order to reduce the undercount; and
(B) shall include, as part of its report under
section 141(f) of title 13, United States Code, next
due after the date of the enactment of this Act, a
description of the measures it intends to pursue to
carry out subparagraph (A).
SEC. 4. MEASURES TO FACILITATE THE RECRUITMENT OF TEMPORARY EMPLOYEES.
(a) Exemption From Provisions Relating to Reemployed Annuitants and
Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C.
23 note) is amended--
(1) in section 1(b) and the long title by striking ``the
1990 decennial census'' and inserting ``the 2000 decennial
census''; and
(2) in section 4 by striking ``December 31, 1990.'' and
inserting ``December 31, 2000.''.
(b) Purposes for Which Compensation Shall Not Be Taken Into
Account.--Compensation for services performed by an individual
appointed to a temporary position in or under the Bureau for purposes
relating to the 2000 decennial census (if the position is so designated
by the Bureau, in writing, at the time of such individual's
appointment) shall not be taken into account for purposes of any of the
following:
(1) Any State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(2) Medical assistance provided pursuant to title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
(3) The Food stamp program, within the meaning of section
3(h) of the Food Stamp Act of 1977 (42 U.S.C. 2012(h)).
(4) Any program for housing assistance administered by the
Secretary of Housing and Urban Development or the Secretary of
Agriculture.
(5) Assistance under--
(A) the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
(B) the school lunch program under the National
School Lunch Act (42 U.S.C. 1751 et seq.).
(6) Assistance under the special supplemental nutrition
program for women, infants, and children under section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(7) Assistance under title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.).
(8) Any Head Start program under the Head Start Act (42
U.S.C. 9831 et seq.).
(9) Assistance provided pursuant to the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``census'' means a census of population within
the meaning of section 141(g) of title 13, United States Code;
(2) the term ``Bureau'' means the Bureau of the Census; and
(3) the term ``census tract'' means a statistical
subdivision as defined by the Bureau for purposes of the 1990
decennial census. | Decennial Census Improvement Act of 1996 - Requires the Bureau of the Census, in conducting the 2000 decennial census, to: (1) attempt to contact every household directly, whether by mail or in person (and allows the use of sampling as a substitute for direct contact in a particular census tract only after direct contact has been made with at least 90 percent of the households in such tract); and (2) seek to make more effective use of State and local government offices and appropriate local groups to reduce the undercount and include in a specified report a description of the measures it intends to carry out such requirement.
Modifies Federal law regarding exemptions for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census; and (2) inapplicable to any service performed after December 31, 2000.
Prohibits taking into account compensation for services performed by an individual appointed to a temporary position in or under the Bureau for purposes relating to the 2000 decennial census (if the position is so designated by the Bureau, in writing, at the time of such individual's appointment) for purposes of: (1) State programs for aid and services to needy families with children and for child- welfare services, and for certain medical assistance, under the Social Security Act; (2) the Food Stamp program; (3) certain programs for housing assistance; (4) specified assistance under the school breakfast and lunch programs, the special supplemental nutrition program for women, infants, and children, and the Job Training Partnership Act; (5) any Head Start program; and (6) assistance pursuant to the Low-Income Home Energy Assistance Act of 1981. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Care Facility
Improvement Act of 2002''.
SEC. 2. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES.
Title VI of the Public Health Service Act (42 U.S.C. 291 et seq.)
is amended by adding at the end the following:
``PART E--RURAL HEALTH FACILITIES
``SEC. 651. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES.
``(a) Authorization of Loan Guarantees.--
``(1) Establishment.--The Secretary is authorized to
establish a program under which the Secretary may guarantee 100
percent of the principal and interest on loans made by non-
Federal lenders to rural health facilities to pay for the costs
of--
``(A) buying new or repairing existing
infrastructure; and
``(B) buying new or repairing existing technology.
``(2) Total loan amount available.--The Secretary is
authorized to guarantee not more than--
``(A) $250,000,000 in the aggregate of the
principal and interest on loans for rural health
facilities under paragraph (1); and
``(B) $5,000,000 of the principal and interest on
loans under paragraph (1) for each rural health
facility.
``(b) Protection of Financial Interests.--The Secretary may not
approve a loan guarantee under this section unless the Secretary
determines that--
``(1) the terms, conditions, security (if any), and
schedule and amount of repayments with respect to the loan are
sufficient to protect the financial interests of the United
States and are otherwise reasonable, including a determination
that the rate of interest does not exceed such percent per
annum on the principal obligation outstanding as the Secretary
determines to be reasonable, taking into account the range of
interest rates prevailing in the private market for similar
loans and the risks assumed by the United States, except that
the Secretary may not require as security any rural health
facility asset that is, or may be, needed by the rural health
facility involved to provide health services;
``(2) the loan would not be available on reasonable terms
and conditions without the guarantee under this section; and
``(3) amounts appropriated for the program under this
section are sufficient to provide loan guarantees under this
section.
``(c) Recovery of Payments.--
``(1) In general.--The United States shall be entitled to
recover from the applicant for a loan guarantee under this
section the amount of any payment made pursuant to such
guarantee, unless the Secretary for good cause waives such
right of recovery (subject to appropriations remaining
available to permit such a waiver) and, upon making any such
payment, the United States shall be subrogated to all of the
rights of the recipient of the payments with respect to which
the guarantee was made. Amounts recovered under this section
shall be credited as reimbursements to the financing account of
the program established under this section.
``(2) Modification of terms and conditions.--To the extent
permitted by paragraph (3) and subject to the requirements of
section 504(e) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c(e)), any terms and conditions applicable to a loan
guarantee under this section (including terms and conditions
imposed under paragraph (4)) may be modified or waived by the
Secretary to the extent the Secretary determines it to be
consistent with the financial interest of the United States.
``(3) Incontestability.--Any loan guarantee made by the
Secretary under this section shall be incontestable--
``(A) in the hands of an applicant on whose behalf
such guarantee is made unless the applicant engaged in
fraud or misrepresentation in securing such guarantee;
and
``(B) as to any person (or successor in interest)
who makes or contracts to make a loan to such applicant
in reliance thereon unless such person (or successor in
interest) engaged in fraud or misrepresentation in
making or contracting to make such loan.
``(4) Further terms and conditions.--Guarantees of loans
under this section shall be subject to such further terms and
conditions as the Secretary determines to be necessary to
assure that the purposes of this section will be achieved.
``(d) Defaults.--
``(1) In general.--Subject to the requirements of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the
Secretary may take such action as may be necessary to prevent a
default on a loan guaranteed under this section, including the
waiver of regulatory conditions, deferral of loan payments,
renegotiation of loans, and the expenditure of funds for
technical and consultative assistance, for the temporary
payment of the interest and principal on such a loan, and for
other purposes. Any such expenditure made under the preceding
sentence on behalf of a rural health facility shall be made
under such terms and conditions as the Secretary shall
prescribe, including the implementation of such organizational,
operational, and financial reforms as the Secretary determines
are appropriate and the disclosure of such financial or other
information as the Secretary may require to determine the
extent of the implementation of such reforms.
``(2) Foreclosure.--The Secretary may take such action,
consistent with State law respecting foreclosure procedures
and, with respect to reserves required for furnishing services
on a prepaid basis, subject to the consent of the affected
States, as the Secretary determines appropriate to protect the
interest of the United States in the event of a default on a
loan guaranteed under this section, except that the Secretary
may only foreclose on assets offered as security (if any) in
accordance with subsection (b).
``(e) Nonapplication of Part D.--The provisions of part D shall not
apply to this part.
``(f) Definitions.--In this part:
``(1) Non-federal lender.--The term `non-Federal lender'
means any entity other than an agency or instrumentality of the
Federal Government authorized by law to make such loan,
including a federally insured bank, a lending institution
authorized or licensed by the State in which it resides to make
such loans, and a State or municipal bonding authority or such
authority's designee.
``(2) Rural area.--The term `rural area' has the meaning
given the term in section 1886(d)(2)(D) of the Social Security
Act (42 U.S.C. 1395ww(d)(2)(D)).
``(3) Rural health facility.--The term `rural health
facility' includes--
``(A) rural health clinics (as defined in section
1861(aa)(2) of the Social Security Act (42 U.S.C.
1395x(aa)(2)));
``(B) critical access hospitals (as defined in
section 1861(mm)(1) of the Social Security Act (42
U.S.C. 1395x(mm)(1))) that are located in rural areas;
``(C) hospitals (as defined in section 1861(e) of
the Social Security Act (42 U.S.C. 1395x(e))) that are
located in rural areas;
``(D) skilled nursing facilities (as defined in
section 1819(a) of the Social Security Act (42 U.S.C.
1395i-3(a))) that are located in rural areas;
``(E) health centers (as defined in section 330)
that are located in rural areas;
``(F) federally qualified health centers (as
defined in section 1861(aa)(3) of the Social Security
Act (42 U.S.C. 1395x(aa)(3))); and
``(G) nursing homes (as defined in section 1908(e)
of the Social Security Act (42 U.S.C. 1396g(e))) that
are located in rural areas.''. | Rural Health Care Facility Improvement Act of 2002 - Amends the Public Health Service Act to authorizes the Secretary of Health and Human Services to establish a loan guarantee program for rural health facilities. Defines rural health facility to include the following facilities found in rural areas: health clinics, critical access hospitals, hospitals, skilled nursing facilities, health centers, federally qualified health centers, and nursing homes. Covers the purchase of new and the repair of existing infrastructure and technology. Sets forth loan limits.Entitles the United States to subrogation and makes such loan guarantees incontestable. Authorizes the Secretary to take such action as may be necessary to prevent a default, subject to the requirements of the Federal Credit Reform Act of 1990. Permits the Secretary to foreclose, as specified. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chinese Communist Economic Espionage
Sanctions Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Chinese Communist Party (CCP) has made it its
policy to engage in economic warfare against the United States.
(2) The CCP uses the resources of the People's Liberation
Army (PLA) and the Chinese State to drain the United States of
economic might, including by means of economic espionage and
cyber espionage, unfair trade practices, unfair labor
practices, and currency manipulation.
(3) Chinese state-owned enterprises (SOE) and the PLA are
the main beneficiary of the CCP's campaign of theft against the
United States.
(4) Although many SOEs are listed on stock exchanges or
officially privatized, the Chinese government retains at least
one-half of equity in those companies.
(5) SOEs come under the control of the ministerial-level
State-owned Assets Supervision and Administration Commission.
(6) Members of the boards of directors and senior
management of SOEs are appointed by the State-owned Assets
Supervision and Administration Commission in consultation with
the Communist Party's Department of Organization.
(7) More than two-thirds of board members and three-
quarters of senior executives of SOEs are either Communist
Party members or officials.
(8) Corruption within the CCP is widespread and endemic.
(9) CCP officials use their positions of control and
influence within and over SOE's to enrich themselves and their
families.
(10) The vast majority of the Chinese people do not benefit
from the corruption of the CCP.
(11) On May 19, 2014, the United States Department of
Justice announced charges against five members of the PLA,
accusing them of stealing trade secrets from United States
companies and marking the first time the United States has
charged foreign government employees with economic espionage.
(12) The indictment charged that members of the PLA worked
to ``steal information'' from United States companies ``that
would be useful to their competitors in China, including state-
owned enterprises''.
(13) Chinese SOEs are reported to have benefitted directly
from their actions, including the State Nuclear Power
Technology Corporation, the Baosteel Group, and the Aluminum
Corporation of China (Chinalco).
(14) The chairman of the board and the majority of the
boards for the State Nuclear Power Technology Corporation, the
Baosteel Group, and the Aluminum Corporation of China
(Chinalco) are members of the CCP.
(15) On May 21, 2014, Assistant Attorney General John
Carlin said that criminal charges can justify economic
sanctions.
(16) The indictment named members of Unit 61398 which is
publicly identified as a Shanghai-based cyber unit of the PLA
also known as APT1.
(17) Unit 61398 is part of the 2nd Bureau of the PLA, 3rd
Department of the General Staff.
(18) Unit 61398 was first publically identified in 2013 as
APT1 by Mandiant, a United States cyber security firm and
leader in cyber incident response industry.
(19) Mandiant exposed a timeline of Unit 61398's economic
espionage conducted since 2006 against 141 victims across
multiple industries.
(20) Mandiant's conclusions have been supported by
CrowdStrike, another cyber security company, which publicly
revealed the existence of Unit 61486, a related PLA unit
dedicated to cyber espionage.
(21) George Kurts, the co-founder of CrowdStrike, stated
that ``If you look at all the groups that we track in China,
the indictments are just the very tip of the iceberg.''.
(22) Units 61398 and 61486 are only two of at least 20
cyber threat groups in Communist China and are considered by
multiple experts to have stolen vast amounts of valuable
information from the United States.
(23) The 2011 annual report to Congress from the Office of
the Secretary of Defense, titled ``Military and Security
Developments Involving the People's Republic of China'',
states, ``The PRC also utilizes a large, well-organized network
of enterprises, defense factories, affiliated research
institutes, and computer network operations to facilitate the
collection of sensitive information and export-controlled
technology, as well as basic research and science that supports
U.S. defense system modernization.''.
(24) A 2011 report by the Office of the National
Counterintelligence Executive found that ``Chinese actors are
the world's most active and persistent perpetrators of economic
espionage.''.
(25) The 2012 annual report to Congress from the Office of
the Secretary of Defense, titled ``Military and Security
Developments Involving the People's Republic of China'', found
that ``Chinese attempts to collect U.S. technological and
economic information will continue at a high level and will
represent a growing and persistent threat to U.S. economic
security.''.
(26) James Clapper, the Director of National Intelligence,
stated, ``Among significant foreign threats . . . China
remain[s] the most capable and persistent intelligence threats
and are aggressive practitioners of economic espionage against
the United States.''.
(27) Retired General Michael Hayden, former Director of the
Central Intelligence Agency and Director of the National
Security Agency, stated, ``The intensity of Chinese espionage
is certainly greater than that what we saw between the U.S. and
the Soviets during the Cold War. The problem is China's view is
that industrial espionage by the state against relatively
vulnerable private enterprise is a commonly accepted state
practice,''.
(28) The annual report by the congressional United States-
China Economic and Security Review Commission stated in 2013,
``strong evidence emerged that the Chinese government is
directing and executing a large-scale cyber espionage campaign
against the United States''.
(29) Retired Lieutenant General Ronald Burgess, Jr., former
Director of the Defense Intelligence Agency, stated, ``China
has used its intelligence services to gather information via a
significant network of agents and contacts using a variety of
methods . . . In recent years, multiple cases of economic
espionage and theft of dual-use and military technology have
uncovered pervasive Chinese collection efforts,''.
(30) Congressman Mike Rogers, Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives, stated, ``China's economic espionage has
reached an intolerable level and I believe that the United
States and our allies in Europe and Asia have an obligation to
confront Beijing and demand that they put a stop to this
piracy. Beijing is waging a massive trade war on us all, and we
should band together to pressure them to stop. Combined, the
United States and our allies in Europe and Asia have
significant diplomatic and economic leverage over China, and we
should use this to our advantage to put an end to this
scourge,''.
(31) The threat of Chinese espionage is so large that
Senator Sheldon Whitehouse, D-Rhode Island, who chaired the
Cyber Task Force of the Select Committee on Intelligence,
proclaimed it to be part of ``the biggest transfer of wealth
through theft and piracy in the history of mankind''.
(32) Massive cyber and economic espionage organized,
directed, and carried out by the CCP and the PLA has
contributed to creating a $318,000,000,000 United States trade
deficit with Communist China in 2013, which equals 1.89 percent
of total United States gross domestic product (GDP).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Chinese Communist Party and
the Government of the People's Republic of China should be condemned
for sponsoring, planning, ordering, conducting, and benefitting from
cyber and economic espionage against the United States.
SEC. 4. FINANCIAL MEASURES.
(a) Freezing of Assets.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) (except that the requirements of section 202 of such Act
(50 U.S.C. 1701) shall not apply) to the extent necessary to block and
prohibit all transactions in all property and interests in property of
a covered Chinese state-owned enterprise or a person who is a member of
the board of directors, an executive officer, or a senior official of a
covered Chinese state-owned enterprise if such property and interests
in property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
(b) Enforcement.--
(1) Penalties.--A covered Chinese state-owned enterprise or
a person who is a member of the board of directors, an
executive officer, or a senior official of a covered Chinese
state-owned enterprise shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of such section.
(2) Requirements for financial institutions.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Treasury shall prescribe or amend regulations
as needed to require each financial institution that is a
United States person and has within its possession or control
assets that are property or interests in property of a covered
Chinese state-owned enterprise or a person who is a member of
the board of directors, an executive officer, or a senior
official of a covered Chinese state-owned enterprise if such
property and interests in property are in the United States to
certify to the Secretary that, to the best of the knowledge of
the financial institution, the financial institution has frozen
all assets within the possession or control of the financial
institution that are required to be frozen pursuant to
subsection (a).
(c) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
(d) Definitions.--In this section:
(1) Covered chinese state-owned enterprise.--The term
``covered Chinese state-owned enterprise'' means an enterprise
that--
(A) is organized under the laws of the People's
Republic of China, including a foreign branch of such
enterprise; and
(B) is owned or controlled by the Government of the
People's Republic of China or the Chinese Communist
Party.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--An alien is ineligible to receive a
visa to enter the United States and ineligible to be admitted to the
United States if the alien is a person who is a member of the board of
directors, an executive officer, or a senior official of a covered
Chinese state-owned enterprise.
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation of any alien who
would be ineligible to receive such a visa or documentation under
subsection (a) of this section.
(c) Regulatory Authority.--The Secretary of State shall prescribe
such regulations as are necessary to carry out this section.
SEC. 6. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Secretary of the Treasury shall submit to the appropriate
congressional committees a report on--
(1) the actions taken to carry out this Act, including the
number of covered Chinese state-owned enterprises and persons
who are members of the board of directors, executive officers,
or senior officials of covered Chinese state-owned enterprises
sanctioned during the year preceding the report; and
(2) efforts by the executive branch to encourage the
governments of other countries to impose sanctions that are
similar to the sanctions imposed under this Act.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Ways and Means
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Finance, and the
Committee on Banking, Housing, and Urban Affairs of the Senate. | Chinese Communist Economic Espionage Sanctions Act - Expresses the sense of Congress that the Chinese Communist Party and the government of China should be condemned for conducting cyber and economic espionage against the United States. Directs the President to prohibit transactions in property and property interests of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and property interests are in the United States, come within the United States, or are within the possession or control of a U.S. person. Directs the Secretary of the Treasury to require each financial institution that is a U.S. person and has within its possession or control such assets that are in the United States to certify to the Secretary that the financial institution has frozen these assets. Makes an alien who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise ineligible for U.S. admission. | billsum_train |
Provide a summary of the following text: SECTION 1. PURPOSES.
The purposes of this Act are--
(1) to enhance the appeal of service in the law enforcement
agencies of the United States Department of Justice;
(2) to extend benefits of a higher education to qualified
and deserving young persons who by virtue of the death of or
total disability of an eligible officer are not otherwise able
to afford the same; and
(3) to allow such family members to attain the vocational
and educational status which such individual might normally
have aspired to and obtained had a parent not been killed or
disabled in the service of the country.
SEC. 2. BASIC ENTITLEMENT.
(a) Benefits.--(1) Except as provided in subsection (b), an
eligible dependent shall be entitled to educational assistance under
this subpart for a period of one month for each month or fraction
thereof of the eligible officer's service in a Federal law enforcement
agency.
(2) Such educational assistance shall consist of direct payments
to--
(A) an educational institution or institution of higher
learning for an eligible dependent's tuition, room, board, and
other charges imposed by such institution; and
(B) the eligible dependent for an educational assistance
allowances to meet, in part, the cost of fees, supplies, books,
equipment and other educational costs, which allowances shall
be computed on the same basis set forth in title 38, subchapter
IV of the United States Code.
(b) Benefits for Dependents of Officers Killed.--For each eligible
dependent of an eligible officer who is killed in the line of duty,
criteria established in subsection (a) shall not apply. Such eligible
dependents shall be eligible to receive the benefits provided by this
subpart for the maximum period of eligibility set forth in subsection
(e).
(c) Maximum Benefits.--No eligible dependent shall receive
educational assistance under this subpart for a period in excess of
forty-five months.
SEC. 3. TIME LIMITATIONS FOR COMPLETING A PROGRAM OF EDUCATION.
No educational assistance shall be paid to or for an eligible
dependent after--
(1) ten years after the date on which the eligible officer
was killed or permanently and totally disabled; or
(2) the eligible dependent's twenty-seventh birthday,
whichever occurs later.
SEC. 4. EDUCATIONAL AND VOCATIONAL COUNSELING.
(a) Counseling Services.--The Attorney General shall make available
to an eligible dependent upon such person's request, counseling
services, including such educational and vocational counseling and
guidance, testing, and other assistance as the Attorney General deems
necessary to aid such person in selecting--
(1) an educational or training objective and an educational
institution or training establishment appropriate for the
attainment of such objective; or
(2) an employment objective that would be likely to provide
such eligible dependent with satisfactory employment
opportunities in light of such person's personal circumstances.
(b) Notification.--The Attorney General shall take appropriate
steps (including individual notification where feasible) to acquaint
all eligible persons with the availability and advantages of such
counseling services.
(c) Service Providers.--For purposes of this subpart, the Attorney
General may provide by interagency agreement with Federal, or State
agency to provide the services specified.
SEC. 5. APPLICATIONS; APPROVAL.
(a) Application.--Any eligible dependent who desires to initiate a
program of education under this subpart shall submit an application to
the Attorney General in such form and containing such information as
the Attorney General may reasonably require.
(b) Approval.--The Attorney General shall approve such application
unless the Attorney General finds that--
(1) such dependent is not eligible or is not longer
eligible for or entitled to the educational assistance for
which application is made;
(2) the eligible dependent selected educational institution
or training establishment fails to meet any requirement of this
subpart;
(3) the eligible dependent's enrollment in, or pursuit of,
the program of education selected would violate a provision of
this subpart; or
(4) the eligible dependent is already qualified by reason
of previous education or training, for the educational,
professional, or vocational objective for which the program of
education is offered.
(c) Acceptance.--The Attorney General shall notify an eligible
dependent of approval or disapproval of such dependent's application.
SEC. 6. STANDARDS.
The Attorney General shall promulgate rules and regulations
regarding unacceptable courses or programs of study for which funding
will not be provided under this subpart.
SEC. 7. DISCONTINUANCE FOR UNSATISFACTORY CONDUCT OR PROGRESS.
(a) Discontinuation.--The Attorney General shall discontinue the
direct payment to an educational institution or institution of higher
education and educational assistance allowance of an eligible dependent
if, at any time, the Attorney General finds that according to the
regularly prescribed standards and practices of the educational
institution, the dependent's conduct or progress is unsatisfactory.
(b) Renewal.--The Attorney General may review the payment of the
educational assistance allowance if the Attorney General finds that--
(1) the cause of the unsatisfactory conduct or progress of
the eligible dependent has been removed; and
(2) the program which the eligible dependent now proposes
to pursue (whether the same or revised) is suitable to the
eligible dependent's interests, and abilities.
SEC. 8. SPECIAL RULE.
Notwithstanding any other provisions of law and any other general
or special law to the contrary, the Attorney General is authorized and
directed to reimburse or pay each eligible dependent of an eligible
officer who was killed in the performance of duties on or after July 1,
1992, but before the effective date of this statute, an amount
equivalent to--
(1) the full cost of tuition, room and board, and other
charges paid or for the eligible dependent to, and imposed on,
an eligible dependent by an educational institution or
institution of higher education; and
(2) a retroactive educational assistance allowance for each
month in which the eligible dependent attended an educational
institution or institution of higher education, up to the date
of the payment. Following this initial payment, further
benefits will be paid to or for the benefit of such eligible
dependents in accordance with this chapter.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``Federal law enforcement agency'' means the
Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco
and Firearms, the Drug Enforcement Administration, the United
States Marshals Service, and any other federal agency directly
engaged in the enforcement of the criminal laws of the United
States, or the apprehension of individuals subject to criminal
prosecution by the United States.
(2) The term ``eligible officer'' means any agent, special
agent, marshal, deputy, or assistant marshal or other similar
field officer by whatever name or title such officer is known
in a Federal law enforcement agency who has served at least one
hundred and eighty days and who is either killed in the
performance of duties or suffers injuries that are totally and
permanently disabling while performing such duties.
(3) The term ``eligible dependent'' means the child of any
eligible officer who is a ``dependent'' (as defined in section
152 of the Internal Revenue Code) or spouse of an eligible
officer at the time of such officer's death or on the date of
total and disabling injury.
(4) The term ``program of education'' shall mean any
curriculum or any combination of unit courses or subjects
pursued at an educational institution which is generally
accepted as necessary to fulfill requirements for the
attainment of a pre- determined and identified educational,
professional, or vocational objective. Such term also means any
curriculum of unit course or subjects pursued at an educational
institution which fulfill requirements for the attainment of
more than one predetermined and identified educational,
professional, or vocational objective if all the objectives
pursued as generally recognized as being reasonably related to
a single career field. To pursue any other course of study, an
eligible dependent shall apply to the AG for approval.
(5) The term ``educational institution'' means any public
or private elementary school, secondary school, vocational
school, correspondence school, business school, junior college,
teachers' college, college, normal school, professional school,
university, or scientific or technical institutions, or other
accredited institutions furnishing education for adults.
(6) The term ``institution of higher learning'' means a
college, university, or similar institution, including a
technical or business school, offering postsecondary level
academic instruction that leads to an associate or higher
degree if the school is empowered by the appropriate State
educational authority under State law to grant an associate or
higher degree. When there is no State law to authorize the
granting of a degree, the school may be recognized as an
institution of higher learning if it is accredited for degree
programs by a recognized accrediting agency. Such term shall
also include a hospital offering educational programs at the
post-secondary level without regard to whether the hospital
grants a postsecondary degree. Such term shall also include an
educational institution which is not located in a State, which
offers a course leading to a standard college degree, or the
equivalent, and which is recognized as such by the Secretary of
Education (or comparable official) of the country or other
jurisdiction in which the institution is located.
(7) The term ``standard college degree'' means an associate
or higher degree awarded by--
(A) an institution of higher learning that is
accredited as a collegiate institution by a recognized
regional or national accrediting agency;
(B) an institution of higher learning that is a
``candidate'' for accreditation as that term is used by
the regional or national accrediting agencies; or
(C) an institution of higher learning upon
completion of a course which is accredited by an agency
recognized to accredit specialized degree-level
programs. For the purpose of this section, the
accrediting agency must be one recognized by the
Secretary of Education under the provisions of section
1775 of this title 38. | Provides for educational assistance for eligible dependents of Federal law enforcement officers who are killed or disabled in the performance of their duties.
Entitles such dependents to such assistance for: (1) one month for each month (or fraction) of the disabled officer's service, up to a maximum of 45 months; and (2) the maximum 45 months, if the officer has been killed.
Limits the period for using such assistance to before the later of: (1) ten years after the officer was killed or permanently and totally disabled; or (2) the dependent's 27th birthday.
Directs the Attorney General to make certain counseling services available, upon the dependent's request, and to publicize the availability of such services.
Provides for such assistance program applications and their approval, standards, discontinuance for unsatisfactory progress or conduct, and a special rule for retroactive assistance. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diagnostic Innovation Testing and
Knowledge Advancement Act of 2013''.
SEC. 2. CREATING INCENTIVES FOR INNOVATIVE DIAGNOSTICS.
(a) Improvements To Process for Determining Fee Schedule Amounts
for New Tests.--
(1) Clarifying factors for rate-setting.--In determining
the payment amount under gapfilling procedures (as described in
section 414.508(b) of title 42, Code of Federal Regulations, or
any successor regulation to such section) for new clinical
diagnostic laboratory tests under section 1833(h)(8) of the
Social Security Act (42 U.S.C. 1395l(h)(8)), the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall take into account, as applicable and
available, the following factors with respect to such a new
test:
(A) Impact on patient care.--The impact of the new
test on patient care, patient management, or patient
treatment.
(B) Technical characteristics.--The technical
characteristics of the new test, and the resources
required to develop, validate, and perform the new
test.
(C) Claims data.--Data from claims for which
payment is made under part B of title XVIII of the
Social Security Act.
(D) Laboratory charges.--Amounts charged by
laboratories to self-pay patients for the new test.
(E) Private insurance rates.--Amounts paid to
laboratories for such new test under private health
insurance coverage offered in the group market and the
individual market.
(F) Advisory panel recommendations.--The findings
and recommendations of the independent advisory panel
convened under paragraph (2) with respect to that new
test and any comments received during the open meeting
of the advisory panel.
(G) Additional factors.--Such other factors as the
Secretary may specify.
(2) Input from patients, clinicians, and technical
experts.--
(A) Requirement for independent advisory panel.--
The Secretary shall convene an independent advisory
panel from which the Secretary shall request
information and recommendations regarding any new test
(as referred to under subparagraph (A) of section
1833(h)(8) of the Social Security Act (42 U.S.C.
1395l(h)(8))) for which payment is made under such
section, including technical, clinical, and quality
information.
(B) Composition of independent advisory panel.--
Subject to subparagraph (D), the independent advisory
panel shall be comprised of 19 members, including--
(i) 7 individuals with expertise and
experience with clinical diagnostic laboratory
tests including expertise in the technical
characteristics of the new test as well as
expertise in the requirements to develop,
validate, and perform the new test;
(ii) 3 representatives of patients,
including a patient representative for rare
disorders;
(iii) 3 clinicians who use results of the
new test in patient care;
(iv) 2 laboratorians;
(v) 2 individuals with expertise in the
area of pharmacoeconomics or health technology
assessment; and
(vi) 2 individuals with expertise on the
impact of new tests on quality of patient care,
including genetic counselors.
(C) Terms.--Subject to subparagraph (D), a member
of the panel shall be appointed to serve a term of 6
years, except with respect to the members first
appointed, whose terms of appointment shall be
staggered evenly over 2-year increments.
(D) Temporary appointment of experts.--Insofar as
the Secretary determines with respect to a new test
that there are an insufficient number of members of the
panel with expertise with respect to that specific
test, the Secretary may appoint individuals who have
expertise pertaining to the new test involved to serve
on the panel.
(E) Open meetings.--The Secretary shall receive or
review the findings and recommendations of the
independent advisory panel with respect to the new
tests described in subparagraph (A) involved during a
meeting open to the public and provide opportunity for
public comment.
(F) Clarification of authority of secretary to
consult carriers.--Nothing in this section shall be
construed as affecting the authority of the Secretary
to consult with appropriate Medicare administrative
contractors.
(3) Justification for payment determinations.--
(A) Initial justification.--With respect to
decisions regarding payments made under the clinical
laboratory fee schedule for new clinical diagnostic
laboratory tests, the Secretary shall publicly provide
a justification for the payment basis and payment rate
determination, including a detailed summary of the
information submitted to, or obtained by, the Secretary
regarding the factors specified in paragraph (1), such
that interested stakeholders can readily understand the
Secretary's rationale for the payment basis and rate
determinations.
(B) Reconsideration period.--After providing such
justification for a payment basis and payment rate
determination, the Secretary shall provide for a
reasonable period of reconsideration to receive any
appeal of the determination and to evaluate any
additional information received regarding the
justification and the factors specified in paragraph
(1).
(C) Final determination.--After the period of
reconsideration the Secretary shall make a final
payment basis and payment rate determination and
provide a justification for such final determination
explaining what additional information was evaluated
during the reconsideration and how such information was
taken into account with respect to the final
determination. Nothing in this paragraph shall be
construed as authorizing the Secretary to reveal
proprietary information which is otherwise prohibited
from disclosure under law.
(b) Process for Assignment of Temporary Codes for Diagnostic
Tests.--The Secretary shall establish a process for application for the
assignment of a temporary national HCPCS code to uniquely identify a
diagnostic test until a permanent national HCPCS code is available for
assignment to that test. Assignments of a temporary national HCPCS code
shall occur on a quarterly basis. The Secretary shall provide public
notice through the Centers for Medicare & Medicaid Services Web site of
applications made for such temporary national HCPCS codes. Upon
assignment of a temporary code under this process, the Secretary shall
treat such test as a new test for purposes of section 1833(h)(8) of the
Social Security Act.
(c) Development of Further Improvements in Rate-Setting
Processes.--The Secretary shall analyze the process used for the
gapfilling procedure used in determining payment amounts for new
clinical diagnostic laboratory tests under section 1833(h)(8) of the
Social Security Act. Taking into account the changes made by this
section, the Secretary shall identify further changes to improve the
accuracy and appropriateness of resulting rates and the openness,
transparency, and predictability of the process. The Secretary shall
examine what and how many entities should perform gapfilling, under
contract or otherwise, and how to ensure that the process is informed
by appropriate expertise and proceeds in a transparent and accountable
manner. The Secretary shall implement improvements in the process,
insofar as these are possible under the law through regulations, after
public notice and opportunity for comment. For changes the Secretary
determines would require a change in law, the Secretary shall transmit
recommendations to the Speaker of the House and the President of the
Senate not later than July 1, 2014.
(d) Definitions.--For purposes of this section:
(1) New clinical diagnostic laboratory tests.--The term
``new clinical diagnostic laboratory test'' means a clinical
diagnostic laboratory test--
(A) that is assigned a new or substantially revised
code on or after January 1, 2013; or
(B) for which a temporary national HCPCS code is
granted under subsection (b) on or after January 1,
2014.
(2) Self-pay patient.--The term ``self-pay patient'' means,
with respect to a health care item or service, an individual
who pays out of pocket for such item or service and who does
not have health insurance coverage for such item or service.
(e) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect on the date of enactment of this Act and
shall apply with respect to new clinical diagnostic laboratory
tests.
(2) Application of justifications to current rate
determinations.--Subsection (a)(3) shall apply to payment basis
and payment rate determinations made on or after January 1,
2013. | Diagnostic Innovation Testing and Knowledge Advancement Act of 2013 - Sets forth additional factors for the Secretary of Health and Human Services (HHS) to consider in determining the payment amount for new clinical diagnostic laboratory tests under gapfilling procedures which are used when no comparable existing test is available. Directs the Secretary to convene an independent advisory panel to inform and make recommendations to the Secretary regarding any new test. Requires the Secretary to justify publicly the basis and rate determination for any payments made under the clinical laboratory fee schedule for new clinical diagnostic laboratory tests, including a detailed summary of information received regarding the additional factors considered. Requires the Secretary then, after publishing such justification, to provide for a reasonable period of reconsideration to: (1) receive any appeal of the payment determination, and (2) evaluate any additional information received regarding the justification and the factors considered. Requires the Secretary, following the period of reconsideration, to make a final payment basis and payment rate determination, providing a justification for it with an explanation of what additional information was evaluated during reconsideration and how it was taken into account. Directs the Secretary to: (1) establish a process for application for the assignment of a temporary national HCPCS (Healthcare Common Procedure Coding System) code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test, (2) analyze the process used for the gapfilling procedures used in determining payment amounts for new clinical diagnostic laboratory tests, and (3) implement improvements in the process after public notice and opportunity for comment. Applies this Act to payment basis and payment rate determinations made on or after January 1, 2013. | billsum_train |
Give a brief overview of the following text: SECTION 1. FINDINGS.
Congress finds the following:
(1) There are new and emerging opportunities for producing
renewable energy fuel products, which will be of benefit to the
United States and its citizens.
(2) Disposal of animal and agricultural wastes can be a
major problem and new technologies should be promoted to
utilize these wastes.
(3) New technologies can be developed and implemented that
will utilize animal and agricultural wastes to produce
significant quantities of marketable alternative fuels.
(4) Investment in renewable energy will--
(A) enhance the energy security and independence of
the United States,
(B) provide significant environmental benefits and
reduce wastes,
(C) improve electrical reliability and security,
and
(D) promote sustainable development opportunities.
(5) Alternative fuels should be a major part of the
strategy to increase domestic production of motor fuels.
(6) The Federal Government should take all measures to
provide incentives to assure the implementation of technologies
to produce alternative fuels.
SEC. 2. MODIFICATION OF CREDIT FOR PRODUCTION OF ELECTRICITY FROM
RENEWABLE RESOURCES.
(a) Credit Allowed for Producers of Certain Energy.--Section
45(a)(2) of the Internal Revenue Code of 1986 (relating to electricity
produced from certain renewable resources) is amended to read as
follows:
``(2) the--
``(A) kilowatt hours of electricity--
``(i) produced by the taxpayer--
``(I) from qualified energy
resources (other than qualified waste),
and
``(II) at a qualified facility
during the 10-year period beginning on
the date the facility was originally
placed in service, and
``(ii) sold by the taxpayer to an unrelated
person during the taxable year, or
``(B) amount of kilowatt hours of electricity
equivalent which is equal to the Btu of any fuel or
feedstock--
``(i) produced by the taxpayer--
``(I) from qualified waste or
poultry waste, and
``(II) at a qualified facility
during the 10-year period beginning on
the date the facility was originally
placed in service, and
``(ii) sold by the taxpayer to an unrelated
person during the taxable year.''.
(b) Qualified Energy Resources.--
(1) In general.--Section 45(c)(1) of the Internal Revenue
Code of 1986 (defining qualified energy resources) is amended
by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following:
``(D) qualified waste.''.
(2) Qualified waste.--Section 45(c) of such Code (relating
to definitions) is amended by adding at the end the following:
``(5) Qualified waste.--The term `qualified waste' means
agriculture and animal waste (other than poultry waste),
including by-products, packaging, and any materials associated
with the processing, raising, feeding, selling, transporting,
or disposal of agricultural or animal products.''.
(c) Qualified Facility.--Section 45(c)(3) of the Internal Revenue
Code of 1986 (defining qualified facility) is amended by adding at the
end the following:
``(D) Qualified waste facility.--In the case of a
facility using qualified waste or poultry waste to
produce alternative fuel feedstock, the term `qualified
facility' means any facility of the taxpayer which is
originally placed in service by the taxpayer after
December 31, 2001, and before January 1, 2007.''.
(d) Government-Owned Facilities.--Section 45(d)(6) of the Internal
Revenue Code of 1986 (relating to credit eligibility in the case of
government-owned facilities using poultry waste) is amended by
inserting ``or using poultry waste or qualified waste to produce
alternative fuel feedstock'' after ``electricity''.
(e) Limit on Carryback of Credit.--Section 39(d)(3) of the Internal
Revenue Code of 1986 (relating to no carryback of renewable electricity
production credit before effective date) is amended by inserting ``and
before January 1, 2002, to the extent such credit is attributable to
energy (other than electricity) produced from qualified waste or
poultry waste'' after ``energy resource''.
(f) Conforming Amendments.--
(1) Section 38(b)(8) of the Internal Revenue Code of 1986
is amended by inserting ``and other energy'' after
``electricity''.
(2) The heading for section 45 of such Code is amended by
inserting ``and other energy produced from waste products''
after ``resources''.
(3) The item relating to section 45 in the table of
sections for subpart D of part IV of subchapter A of chapter 1
of such Code is amended by inserting ``and other energy
produced from waste products'' after ``resources''.
(4) The heading of section 45(d)(6) of such Code is amended
by inserting ``or qualified waste'' after ``poultry waste''.
(g) Effective Date.--The amendments made by this section shall
apply to energy produced after the date of the enactment of this Act. | Amends the Internal Revenue Code to modify the credit for production of electricity from renewable resources to include production of energy from agricultural and animal waste, including by-products and associated materials. Limits such credit to facilities placed in service after 2001 and before 2007. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture
Act''.
SEC. 2. CONVICTION OF CERTAIN OFFENSES.
(a) In General.--Section 8312(a) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``; or'', and by adding after paragraph (2) the following:
``(3) is convicted of an offense named by subsection (d),
to the extent provided by that subsection.''; and
(2) by striking ``and'' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and
inserting ``; and'', and by adding after subparagraph (B) the
following:
``(C) with respect to the offenses named by subsection (d)
of this section, to the period after the date of the
conviction.''.
(b) Identification of Offenses.--Section 8312 of title 5, United
States Code, is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following:
``(d)(1) The offenses under paragraph (2) are the offenses to which
subsection (a) of this section applies, but only if (A) the individual
is convicted of such offense after the date of the enactment of the
Congressional Pension Forfeiture Act, (B) the individual was a Member
of Congress (excluding the Vice President) or a Congressional employee
at the time of committing the offense, and (C) the offense is one which
is punishable by imprisonment for more than one year.
``(2) The offenses under this paragraph are as follows:
``(A) An offense within the purview of --
``(i) section 201 of title 18 (bribery of public
officials and witnesses);
``(ii) section 203 of title 18 (compensation to
Members of Congress, officers, and others in matters
affecting the Government);
``(iii) section 204 of title 18 (practice in United
States Court of Federal Claims or the United States
Court of Appeals for the Federal Circuit by Members of
Congress);
``(iv) section 205 of title 18 (activities of
officers and employees in claims against and other
matters affecting the Government);
``(v) section 207 of title 18 (restrictions on
former officers, employees, and elected officials of
the executive and legislative branches);
``(vi) section 287 of title 18 (false, fictitious
or fradulent claims);
``(vii) section 597 of title 18 (expenditures to
influence voting);
``(viii) section 599 of title 18 (promise of
appointment by candidate);
``(ix) section 601 of title 18 (deprivation of
employment or other benefit for political
contribution);
``(x) section 602 of title 18 (solicitation of
political contributions);
``(xi) section 606 of title 18 (intimidation to
secure political contributions);
``(xii) section 607 of title 18 (place of
solicitation);
``(xiii) section 641 of title 18 (public money,
property or records);
``(xiv) section 1001 of title 18 (statements or
entries generally);
``(xv) section 286 of title 18 (conspiracy to
defraud the Government with respect to claims); or
``(xvi) section 371 of title 18 (conspiracy to
commit offense or to defraud United States).
``(B) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
subparagraph (A).
``(C) Subornation of perjury committed in connection with
the false denial of another individual as specified by
subparagraph (B).''.
SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.
(a) In General.--Section 8313 of title 5, United States Code, is
amended by redesignating subsection (b) as subsection (c) and by
inserting after subsection (a) the following:
``(b) An individual, or his survivor or beneficiary, may not be
paid annuity or retired pay on the basis of the service of the
individual which is creditable toward the annuity or retired pay,
subject to the exceptions in section 8311(2) and (3) of this title, if
the individual--
``(1) is under indictment, after the date of the enactment
of the Congressional Pension Forfeiture Act, for an offense
named by section 8312(d)(2) of this title, but only if such
offense satisfies paragraph (1)(C) thereof;
``(2) willfully remains outside the United States, or its
territories and possessions including the Commonwealth of
Puerto Rico, for more than 1 year with knowledge of the
indictment or charges, as the case may be; and
``(3) is an individual described in section
8312(d)(1)(B).''.
(b) Conforming Amendment.--Subsection (c) of section 8313 of title
5, United States Code (as so designated by subsection (a)) is amended
by inserting ``or (b)'' after ``subsection (a)''.
SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316(b) of title 5, United States Code, is amended by
striking ``or'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``; or'', and by adding at the
end the following:
``(3) if the individual was convicted of an offense named
by section 8312(d) of this title, for the period after the
conviction of the violation.''. | Congressional Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while an employee or Member of Congress, one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, and making or receiving expenditures to influence voting.
Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge.
Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Common Sense Drug
Policy Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--MAJOR DRUG TRAFFICKING PROSECUTION
Sec. 101. Findings.
Sec. 102. Approval of certain prosecutions by Attorney General.
Sec. 103. Modification of certain sentencing provisions.
TITLE II--PROTECTION OF WOMEN IN PRISONS
Sec. 201. Protection of women inmates.
TITLE III--INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE
ABUSE IN FEDERAL PRISON SYSTEM
Sec. 301. Increased funding for prevention and treatment of substance
abuse in Federal prison system.
Sec. 302. Authorization of appropriations.
TITLE IV--PROSECUTORIAL DATA COLLECTION
Sec. 401. Federal data.
Sec. 402. State data.
TITLE V--CLEAN START
Sec. 501. Expungement.
TITLE I--MAJOR DRUG TRAFFICKING PROSECUTION
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of mandatory minimum sentencing for
drug users, the Federal Bureau of Prisons budget has increased
by more than 1,350 percent, from $220,000,000 in 1986 to about
$3,019,000,000 in 1997.
(2) Mandatory minimums have not reduced sentencing
discretion, but rather have transferred discretion from judges
to prosecutors. Prosecutors, not judges, have the discretion to
drop or pursue a charge, offer or withhold a plea bargain,
reward or deny a defendant's substantial assistance or
cooperation in the prosecution of someone else, and ultimately,
to determine the final sentence of the defendant.
(3) African Americans comprise 12 percent of the United
States population, 15 percent of drug users, 17 percent of
cocaine users, but 33 percent of all Federal drug convictions
and 57 percent of Federal cocaine convictions.
(4) In 1986, before the mandatory minimums for crack
cocaine offenses became effective, the average Federal prison
sentence for African Americans was 11 percent higher than for
whites. Following the implementation of mandatory drug
sentencing laws, the average drug offense sentence for African
Americans was 49 percent higher than whites.
(5) The average dealer holds a low-wage job and sells part
time to obtain drugs for his or her own use.
(6) According to a 1999 Justice Department report, the
amount of time spent in prison does not affect recidivism
rates.
SEC. 102. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 103. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but'';
(3) by striking ``not less than 5 years and'' and
(4) by striking the sentence beginning ``The imposition or
execution of a minimum sentence''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended.--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years or not more than'' and inserting ``for any term
of years or for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years or more
than life'' the first place it appears;
(C) by striking ``which may not be less than 20
years and not more than life imprisonment'' and
inserting ``for any term or years or for life'';
(D) by inserting ``imprisonment for any term of
years or'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning ``If any
person commits a violation of this subparagraph'';
(F) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced'';
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than'' and inserting ``for any term or years or to'';
(C) by striking ``which may not be less than 10
years or more than'' and inserting ``for any term or
years or for'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''; and
(3) in paragraph (1)(C)--
(A) by striking ``of not less than twenty years for
more than'' and inserting ``for any term of years or
for'';
(B) by inserting ``imprisonment for any term or
years or to'' after ``not more than 30 years and if
death or serious bodily injury results from the use of
such substance shall be sentenced to''; and
(C) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term or years or for life'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced'';
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``not less than twenty years and
not more than'' and inserting ``for any term or years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term or years or
to'';
(D) by striking ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to life imprisonment'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(3) in paragraph (3).--
(A) by striking ``of not less than twenty years and
not more than'' and inserting ``for any term of years
or for'';
(B) by inserting ``imprisonment for any term or
years or to'' after ``30 years and if death or serious
bodily injury results from the use of such substance
shall be sentenced to''; and
(C) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(d) Section 418.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 419.--Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended--
(1) in subsection (a), by striking the sentence beginning
``Except to the extent'' and by striking the sentence beginning
``The mandatory minimum''; and
(2) in subsection (b)--
(A) by striking ``by the greater of (A) a term of
imprisonment of not less than three years and not more
than life imprisonment or (B) three times the maximum
punishment authorized by section 401(b) for a first
offense'' and inserting ``by imprisonment for any term
of years or for life''; and
(B)) by striking the sentence beginning ``Except to
the extent''; and
(3) by striking subsection (d).
(f) Section 420.--Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended--
(1) by striking the sentence beginning ``Except to the
extent'' each place it appears; and
(2) by striking subsection (e).
TITLE II--PROTECTION OF WOMEN IN PRISONS
SEC. 201. PROTECTION OF WOMEN INMATES.
Section 20105(b)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) provide assurances, with accompanying
documentation, to the Attorney General that the State
has in effect policies that are monitored and enforced,
in jails and correctional facilities throughout the
State, that--
``(i) restrict the role of male employees
with women inmates;
``(ii) prohibit male employees from
supervising women inmates during showering and
undressing;
``(iii) prohibit male employees from
conducting body searches, `thorough' pat
searches, and frisks on women inmates except in
the case of an emergency or in the presence of
a female employee;
``(iv) address the health needs of women
inmates;
``(v) prohibit the use of shackles or other
restraints on pregnant women unless it is shown
to be absolutely necessary;
``(vi) provide additional protections to
women inmates who report violations of this
subparagraph to insulate them from retaliatory
acts;
``(vii) impose disciplinary action against
a jail or correctional facility employee who
violates the provisions of this subparagraph;
and
``(viii) require that a male employee who
is found to have committed physical or sexual
misconduct against a woman inmate is
terminated;
``(D) provide documentation to the Attorney General
that jails and correctional facilities throughout the
State have--
``(i) instituted programs designed to
address prior victimization, drug and alcohol
abuse, and high-risk drug and sexual behaviors
of women inmates;
``(ii) contracted with an outside
correctional health care organization to
regularly assess the status of women's health
in correctional settings;
``(iii) complied with national correctional
health care standards for screening,
classifying, and housing that ensure continuity
of care for women inmates;
``(iv) implemented programs for crisis
intervention, suicide precaution, case
management, and discharge planning for women
inmates; and
``(v) made a concerted effort to meet
nationally established standards that ensure
the basic level of health care services for
women offenders; and
``(E) provide documentation to the Attorney General
that the State corrections department has--
``(i) conducted a needs assessment of
minority health needs in correctional settings;
and
``(ii) analyzed its health services to
women inmates and classified the health and
security risk of each woman inmate.''.
TITLE III--INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE
ABUSE IN FEDERAL PRISON SYSTEM
SEC. 301. INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE
ABUSE IN FEDERAL PRISON SYSTEM.
(a) In General.--In carrying out section 4005 of title 18, United
States Code, the Attorney General (acting through the Director of the
Bureau of Prisons), in collaboration with the Secretary of Health and
Human Services (acting through the Administrator of the Health
Resources and Services Administration), shall carry out a program for
the prevention and treatment of substance abuse among individuals who
are in Federal penal or correctional institutions and in the criminal
custody of the Attorney General.
(b) Special Consideration in Provision of Treatment.--In providing
treatment under subsection (a), the officials specified in such
subsection shall give special consideration to individuals whose terms
of criminal custody are within 12 months of completion.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 1, there are authorized to
be appropriated $250,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the fiscal years 2002 through 2005. Such
authorization is in addition to any other authorization of
appropriations that is available for such purpose.
TITLE IV--PROSECUTORIAL DATA COLLECTION
SEC. 401. FEDERAL DATA.
(a) In General.--
(1) Requirement.--The Attorney General shall establish a
requirement, which shall be binding on each Federal criminal
prosecutor, that the race, ethnicity, and gender of each person
charged with a Federal criminal offense prosecuted by the
Department of Justice, and where there are victims of the
offense each victim, be reported at each stage of the
prosecution to the Attorney General. In any case in which an
individual is offered a plea bargain, the details of the plea
bargain shall be included.
(2) Definition.--As used in this subsection, the term
``each stage of the prosecution'' means at each of the
following stages:
(A) Arraignment.
(B) Charge, whether by information, indictment, or
otherwise.
(C) Plea.
(D) Trial.
(E) Disposition, whether conviction, acquittal, or
otherwise.
(F) Any decision not to prosecute or to discontinue
prosecution or reduce charges.
(b) Report to Congress.--The Attorney General shall report annually
to Congress the information obtained under subsection (a).
SEC. 402. STATE DATA.
(a) In General.--Section 503(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at
the end the following new paragraph:
``(13) A certification that the State has in effect a
requirement, which is binding on each criminal prosecutor of
that State, that the race, ethnicity, and gender of each person
charged with a criminal offense of that State, and where there
are victims of the offense each victim, is to be reported at
each stage of the prosecution (as defined in section 2 of the
Prosecutorial Data Collection Act of 2000) to the Attorney
General. In any case in which an individual is offered a plea
bargain, the details of the plea bargain shall be included.''.
(b) Report to Congress.--The Attorney General shall report annually
to Congress the information obtained pursuant to a requirement
specified in section 503(a)(13) of that Act (as added by subsection
(a)).
TITLE V--CLEAN START
SEC. 501. EXPUNGEMENT.
(a) In General.--Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by adding at the end the following:
``(d) A person who has been convicted of an offense under this
section may obtain an order of expungement from the court in which the
conviction took place if, upon motion, the convicted person shows--
``(1) the offense is an offense eligible for expungement
under this section that occurred 3 years or more before
expungement is sought;
``(2) the convicted person has successfully completed a
substance abuse rehabilitation program for any substance abuse
problems the person has; and
``(3) the convicted person has not been criminally
convicted for any conduct that occurred after the conviction
for which expungement is sought.''. | Amends the Controlled Substances Act to repeal certain minimum sentencing periods for covered offenses.
Title II: Protection of Women in Prisons
- Amends the Violent Crime Control and Law Enforcement Act of 1994 to require each State to provide to the Attorney General (AG) certain assurances that it has in effect certain policies and procedures designed to increase the protection of women in prisons and to address the victimization of women inmates.
Title III: Increased Funding for Prevention and Treatment of Substance Abuse in Federal Prison System
- Requires the AG to carry out a program for the prevention and treatment of substance abuse among individuals who are in Federal penal or correctional institutions or in criminal custody, with special consideration for those within 12 months of completing their sentences.
Title IV: Prosecutorial Data Collection -
Requires the AG to establish a requirement, binding on each Federal prosecutor, that the race, ethnicity, and gender of each person charged with a Federal criminal offense prosecuted by the Department of Justice, and each victim thereof, be reported to the AG at each stage of the prosecution. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide an identical requirement with respect to State prosecutions.
Title V: Clean Start -
Amends the Controlled Substances Act to outline eligibility requirements for expungement of a covered offense. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Moratorium Extension Act of
1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Antipersonnel landmines, which are designed to maim and
kill people, have been used indiscriminately in dramatically
increasing numbers around the world. Hundreds of thousands of
noncombatant civilians, including children, have been the
primary victims. Unlike other military weapons, landmines often
remain implanted and undiscovered after conflict has ended,
causing massive suffering to civilian populations.
(2) Tens of millions of landmines have been strewn in at
least sixty-two countries, often making whole areas
uninhabitable. The State Department estimates there are more
than ten million landmines in Afghanistan, nine million in
Angola, four million in Cambodia, three million in Iraqi
Kurdistan, and two million each in Somalia, Mozambique, and the
former Yugoslavia. Hundreds of thousands of landmines were used
in conflicts in Central America in the 1980's.
(3) Advanced technologies are being used to manufacture
sophisticated mines which can be scattered remotely at a rate
of one thousand per hour. These mines, which are being produced
by many industrialized countries, were discovered in Iraqi
arsenals after the Persian Gulf War.
(4) At least three hundred types of antipersonnel landmines
have been manufactured by at least forty four countries,
including the United States. However, the United States is not
a major exporter of landmines. During the past ten years the
Administration has approved ten licenses for the commercial
export of antipersonnel landmines with a total value of
$980,000, and the sale under the Foreign Military Sales program
of one hundred nine thousand one hundred and twenty-nine
antipersonnel landmines.
(5) The United States signed, but has not ratified, the
1980 Convention on Prohibitions or Restrictions on the Use of
Certain Conventional Weapons Which May Be Deemed To Be
Excessively Injurious or To Have Indiscriminate Effects.
Protocol II of the Convention, otherwise known as the Landmine
Protocol, prohibits the indiscriminate use of landmines.
(6) When it signed the 1980 Convention, the United States
stated: ``We believe that the Convention represents a positive
step forward in efforts to minimize injury or damage to the
civilian population in time of armed conflict. Our signature of
the Convention reflects the general willingness of the United
States to adopt practical and reasonable provisions concerning
the conduct of military operations, for the purpose of
protecting noncombatants.''.
(7) The United States also indicated that it had supported
procedures to enforce compliance, which were omitted from the
Convention's final draft. The United States stated: ``The
United States strongly supported proposals by other countries
during the Conference to include special procedures for dealing
with compliance matters, and reserves the right to propose at a
later date additional procedures and remedies, should this
prove necessary, to deal with such problems.''.
(8) The lack of compliance procedures and other weaknesses
have significantly undermined the effectiveness of the Landmine
Protocol. Since it entered into force on December 2, 1983, the
number of civilians maimed and killed by antipersonnel
landmines has multiplied.
(9) Since the moratorium on United States sales, transfers
and exports of antipersonnel landmines was signed into law on
October 23, 1992, the European Parliament has issued a
resolution calling for a five year moratorium on sales,
transfers and exports of antipersonnel landmines, and the
Government of France has announced that it has ceased all
sales, transfers and exports of antipersonnel landmines.
(10) On December 2, 1993, ten years will have elapsed since
the 1980 Convention entered into force, triggering the right of
any party to request a United Nations conference to review the
Convention. Amendments to the Landmine Protocol may be
considered at that time. The Government of France has made a
formal request to the United Nations Secretary General for a
review conference. With necessary preparations and
consultations among governments, a review conference is not
expected to be convened before late 1994 or early 1995.
(11) The United States should continue to set an example
for other countries in such negotiations by extending the
moratorium on sales, transfers and exports of antipersonnel
landmines for an additional three years. A moratorium of this
duration would extend the current prohibition on the sale,
transfer and export of antipersonnel landmines a sufficient
time to take into account the results of a United Nations
review conference.
SEC. 3. POLICY.
(a) It shall be the policy of the United States to seek verifiable
international agreements prohibiting the sale, transfer or export,
further limiting the manufacture, possession and use, and eventually,
terminating manufacture, possession and use of antipersonnel landmines.
(b) It is the sense of the Congress that the President should
submit the 1980 Convention on Certain Conventional Weapons to the
Senate for ratification. Furthermore, the Administration should
participate in a United Nations conference to review the Landmine
Protocol, and actively seek to negotiate under United Nations auspices
a modification of the Landmine Protocol, or another international
agreement, to prohibit the sale, transfer or export of antipersonnel
landmines, and to further limit their manufacture, possession and use.
SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD.
For a period of three years beginning on the date of enactment of
this Act--
(1) no sale may be made or financed, no transfer may be
made, and no license for export may be issued, under the Arms
Export Control Act, with respect to any antipersonnel landmine;
and
(2) no assistance may be provided under the Foreign
Assistance Act of 1961, with respect to the provision of any
antipersonnel landmine.
SEC. 5. DEFINITION.
For purposes of this section, the term ``antipersonnel landmine''
means--
(1) any munition placed under, on, or near the ground or
other surface area, or delivered by artillery, rocket, mortar,
or similar means or dropped from an aircraft and which is
designed to be detonated or exploded by the presence,
proximity, or contact of a person;
(2) any device or material which is designed, constructed,
or adapted to kill or injure and which functions unexpectedly
when a person disturbs or approaches an apparently harmless
object or performs an apparently safe act; and
(3) any manually-emplaced munition or device designed to
kill, injure, or damage and which is actuated by remote control
or automatically after a lapse of time. | Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines.
Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Certain Conventional Weapons to the Senate for ratification; and (2) the Administration should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines.
Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Oregon
Tribal Fairness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Conveyance.
Sec. 104. Map and legal description.
Sec. 105. Administration.
Sec. 106. Land reclassification.
TITLE II--COQUILLE FOREST FAIRNESS
Sec. 201. Short title.
Sec. 202. Amendments to Coquille Restoration Act.
TITLE III--OREGON COASTAL LANDS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Conveyance.
Sec. 304. Map and legal description.
Sec. 305. Administration.
Sec. 306. Land reclassification.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cow Creek Umpqua Land Conveyance
Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Council Creek land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 104. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Council Creek land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 105. ADMINISTRATION.
(a) In General.--Unless expressly provided in this title, nothing
in this title affects any right or claim of the Tribe existing on the
date of enactment of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 103 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that is
carried out on the Council Creek land shall be managed in accordance
with all applicable Federal laws.
SEC. 106. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Tribe under section 103.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register one or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified in
subsection (b) as Oregon and California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1).
TITLE II--COQUILLE FOREST FAIRNESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Coquille Forest Fairness Act''.
SEC. 202. AMENDMENTS TO COQUILLE RESTORATION ACT.
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Management.--
``(A) In general.--Subject to subparagraph (B), the
Secretary, acting through the Assistant Secretary for
Indian Affairs, shall manage the Coquille Forest in
accordance with the laws pertaining to the management
of Indian trust land.
``(B) Administration.--
``(i) Unprocessed logs.--Unprocessed logs
harvested from the Coquille Forest shall be
subject to the same Federal statutory
restrictions on export to foreign nations that
apply to unprocessed logs harvested from
Federal land.
``(ii) Sales of timber.--Notwithstanding
any other provision of law, all sales of timber
from land subject to this subsection shall be
advertised, offered, and awarded according to
competitive bidding practices, with sales being
awarded to the highest responsible bidder.'';
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
TITLE III--OREGON COASTAL LANDS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Oregon Coastal Lands Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 303. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 304. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 305. ADMINISTRATION.
(a) In General.--Unless expressly provided in this title, nothing
in this title affects any right or claim of the Confederated Tribes
existing on the date of enactment of this Act to any land or interest
in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Oregon Coastal land taken into
trust under section 303.
(2) Non-permissible use of land.--Any real property taken
into trust under section 303 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the Oregon Coastal
land taken into trust under section 303 shall be managed in accordance
with all applicable Federal laws.
(d) Agreements.--The Confederated Tribes shall consult with the
Secretary and other parties as necessary to develop agreements to
provide for access to the Oregon Coastal land taken into trust under
section 303 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal lands that are
acquired or developed under chapter 2003 of title 54, United
States Code (commonly known as the ``Land and Water
Conservation Fund Act of 1965''), consistent with section
200305(f)(3) of that title.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into trust under
section 303, the land shall not be subject to the land use planning
requirements of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
SEC. 306. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Confederated Tribes under section 303.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register one or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall
reclassify the land identified in subsection (b) as Oregon and
California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1).
Passed the House of Representatives September 16, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Western Oregon Tribal Fairness Act TITLE I--COW CREEK UMPQUA LAND CONVEYANCE Cow Creek Umpqua Land Conveyance Act (Sec. 103) This bill requires that 17,519 acres of land be held in trust for, and be part of the reservation of, the Cow Creek Band of Umpqua Tribe of Indians. (Sec. 105) Federal law applies to the export of unprocessed logs harvested from this land and to forest management on this land. Gaming on this land is prohibited. (Sec. 106) The Department of the Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land. TITLE II--COQUILLE FOREST FAIRNESS Coquille Forest Fairness Act (Sec. 202) This bill amends the Coquille Restoration Act to remove the requirement that Interior manage the Coquille Forest in accordance with state and federal forestry and environmental protection laws. This bill strikes a provision giving the U.S. District Court for the District of Oregon jurisdiction over certain actions concerning the Coquille Forest and limiting remedies to equitable relief. TITLE III--OREGON COASTAL LANDS Oregon Coastal Lands Act (Sec. 303) This bill requires that 14,408 acres of land be held in trust for, and be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (Sec. 305) Federal law applies to the export of unprocessed logs harvested from this land and to forest management on this land. Gaming on this land is prohibited. (Sec. 306) Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate the Magnet for Illegal
Immigration Act of 1997''.
SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS.
(a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries and expenses of personnel of the Immigration and
Naturalization Service such amounts as may be necessary--
(1) to provide for an increase each year in the number of
investigators of such Service by 365 full-time equivalent
investigator positions above the number of such positions
authorized as of October 1, 1996; and
(2) to provide such personnel and resources as are
necessary to assist the additional investigators in the
enforcement of employer sanctions (as defined in section
12(1)).
(b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate violations of employer
sanctions with priority given to areas where there are high
concentrations of unauthorized aliens (as defined in section 12(4)) who
are employed.
SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR
STANDARDS.
(a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries, and expenses of personnel of the Employment Standards
Administration of the Department of Labor such amounts as may be
necessary--
(1) to provide for an increase each year in the number of
investigators of such Administration by 300 full-time
equivalent investigator positions above the number of such
positions authorized as of October 1, 1996; and
(2) to provide such support personnel and resources as are
necessary to assist the additional investigators in the
enforcement of labor standards (as defined in section 12(3)).
(b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate violations of labor
standards with priority given to areas where there are high
concentrations of unauthorized aliens who are employed.
SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR
IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO
ENFORCE ANTIDISCRIMINATION PROVISIONS.
(a) In General.--In addition to such amounts as are otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of the fiscal years 1998 and 1999 for hiring, training,
salaries, and expenses of personnel of the Office of Special Counsel
for Immigration-Related Unfair Employment Practices in the Department
of Justice such amounts as may be necessary--
(1) to provide for an increase in the number of
investigators of such Office by 50 full-time equivalent
investigator positions above the number of such positions
authorized as of October 1, 1996; and
(2) to provide such support personnel and resources as are
necessary to assist the additional investigators in the
enforcement of immigration-related antidiscrimination
provisions (as defined in section 12(2)).
(b) Duties.--The additional investigators provided for in
subsection (a) shall be assigned to investigate and prosecute
violations of immigration-related antidiscrimination provisions.
SEC. 5. SECRETARY OF LABOR AUTHORITY.
(a) In General.--Title II of the Immigration and Nationality Act is
amended by adding at the end the following new section:
``secretary of labor authority
``Sec. 296. (a) Subpoena Authority.--The Secretary of Labor may
issue subpoenas requiring the attendance and testimony of witnesses or
the production of any records, books, papers, or documents in
connection with any investigation or hearing conducted in the
enforcement of any immigration program for which the Secretary of Labor
has been delegated enforcement authority under this title.
``(b) Authority in Hearings.--In such a hearing, the Secretary of
Labor may administer oaths, examine witnesses, and receive evidence.
``(c) Enforcement for Subpoenas.--In case of contumacy or refusal
to obey a subpoena lawfully issued under this section and upon
application of the Secretary of Labor, an appropriate district court of
the United States may issue an order requiring compliance with such
subpoena and any failure to obey such order may be punished by such
court as a contempt thereof.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 295 the
following:
``Sec. 296. Secretary of Labor authority.''.
SEC. 6. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR
TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS.
(a) In General.--The Secretary of Labor and the Attorney General
shall establish, not later than 6 months after the date of the
enactment of this Act, programs for the Immigration and Naturalization
Service and Department of Labor to jointly investigate violations of
employer sanctions and labor standards and target areas where there are
high concentrations of unauthorized aliens who are employed.
(b) Performance Review.--Not later than 1 year after the date the
Secretary of Labor and the Attorney General have established the
programs referred to in subsection (a), they shall assess the programs
and identify the best strategies for targeting industries likely to
violate both employer sanctions and labor standards.
SEC. 7. EMPLOYER EDUCATION.
The Attorney General, in consultation with the Secretary of Labor,
the Small Business Administrator, and the Commissioner of Internal
Revenue, shall conduct a nationwide program to inform employers about--
(1) their responsibilities concerning employer sanctions,
labor standards, and immigration-related antidiscrimination
provisions and
(2) the provision of this Act.
SEC. 8. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND
REFERRAL VIOLATIONS.
(a) In General.--Subparagraph (A) of section 274A(e)(4) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
(1) in clause (i), by striking ``$250 and not more than
$2,000'' and inserting ``$1,000 and not more than $3,000'';
(2) in clause (ii), by striking ``$2,000 and not more than
$5,000'' and inserting ``$3,000 and not more than $8,000''; and
(3) in clause (iii), by striking ``3,000 and not more than
$10,000'' and inserting ``$10,000 and not more than $25,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations that occur on or after the end of the
6-month period beginning on the date of the enactment of this Act.
SEC. 9. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF
LABOR STANDARDS.
(a) In General.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following
new paragraph:
``(4) Increased penalties.--In the case of a person or
entity that has been found through a final administrative
determination or determination by a court (which finding has
not been reversed) to have willfully or repeatedly violated one
or more labor standards with respect to an unauthorized alien
who is employed, each dollar amount specified in subsections
(e)(4), (e)(5), and (g)(2) shall be twice the dollar amount
otherwise specified for violation occurring during the 10-year
period beginning on the date of such determination.''.
(b) Conforming Amendments.--Section 274A of such Act (8 U.S.C.
1324a) is amended--
(1) in paragraphs (4)(A) and (5) of subsection (e), by
inserting ``(subject to subsection (h)(4))'' after ``in an
amount''; and
(2) in subsection (g)(2), by striking ``of $1,000'' and
inserting ``in an amount (subject to subsection (h)(4)) equal
to $1,000''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations of employer sanctions that occur on or
after the end of the 6-month period beginning on the date of the
enactment of this Act, but shall not apply to violations of labor
standards occurring before the date of the enactment of this Act.
SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION-
RELATED EMPLOYMENT PRACTICES.
(a) In General.--Clause (iv) of section 274B(g)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended--
(1) in subclause (I), by striking ``$250 and not more than
$2,000'' and inserting ``$1,000 and not more than $3,000'';
(2) in subclause (II), by striking ``$2,000 and not more
than $5,000'' and inserting ``$3,000 and not more than
$8,000'';
(3) in subclause (III), by striking ``3,000 and not more
than $10,000'' and inserting ``$10,000 and not more than
$25,000''; and
(4) in subclause (IV), by striking ``100 and not more than
$1,000'' and inserting ``$200 and not more than $5,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations that occur on or after the end of the
6-month period beginning on the date of the enactment of this Act.
SEC. 11. IMMIGRATION-RELATED DISCRIMINATION.
(a) Study.--The Attorney General shall provide for a study on the
effect laws, enacted during and after 1996 and providing for increased
enforcement of employer sanctions, have had on discrimination in the
workplace based on national origin or citizenship.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General shall submit to Congress a report on
the study under subsection (a). Such report shall include
recommendations regarding how such discrimination may be prevented.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) Employer sanctions.--The term ``employer sanctions''
means the requirements of section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a).
(2) Immigration-related antidiscrimination provisions.--The
term ``immigration-related antidiscrimination provisions''
means the provisions of section 274B of the Immigration and
Nationality Act (8 U.S.C. 1324b).
(3) Labor standards.--The term ``labor standards'' includes
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.), and the Family and
Medical Leave Act of 1993 (29 U.S.C 2601 et. seq.).
(4) Unauthorized alien.--The term ``unauthorized alien''
has the meaning given such term in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). | Eliminate the Magnet for Illegal Immigration Act of 1997 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions.
Amends the Immigration and Nationality Act to grant specified subpoena authority to the Secretary of Labor.
Increases specified penalties for: (1) hiring, recruiting, and referral violations; (2) labor standards violations; and (3) unfair immigration-related employment practices.
Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards and target high concentration areas of illegally employed aliens.
Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Protecting
Financial Aid for Students and Taxpayers Act''.
(b) Findings.--Congress finds the following:
(1) From 1998 to 2013, enrollment in for-profit
institutions of higher education increased by 314 percent, from
498,176 students to 2,064,920 students.
(2) In the 2012-2013 academic year, students who enrolled
at for-profit institutions of higher education received
$26,469,028,523 in Federal Pell Grants and student loans.
(3) Eight out of the 10 top recipients of Post- 9/11
Educational Assistance funds are for-profit institutions of
higher education. These 8 companies have received
$2,900,000,000 in taxpayer funds to enroll veterans from 2009
to 2013.
(4) An analysis of 15 publicly traded companies that
operate institutions of higher education shows that, on
average, such companies spend 28 percent of expenditures on
advertising, marketing, and recruiting.
SEC. 2. RESTRICTIONS ON SOURCES OF FUNDS FOR RECRUITING AND MARKETING
ACTIVITIES.
Section 119 of the Higher Education Opportunity Act (20 U.S.C.
1011m) is amended--
(1) in the section heading, by inserting ``and restrictions
on sources of funds for recruiting and marketing activities''
after ``funds'';
(2) in subsection (d), by striking ``subsections (a)
through (c)'' and inserting ``subsections (a), (b), (c), and
(e)'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Restrictions on Sources of Funds for Recruiting and Marketing
Activities.--
``(1) In general.--An institution of higher education, or
other postsecondary educational institution, may not use
revenues derived from Federal educational assistance funds for
recruiting or marketing activities described in paragraph (2).
``(2) Covered activities.--Except as provided in paragraph
(3), the recruiting and marketing activities subject to
paragraph (1) shall include the following:
``(A) Advertising and promotion activities,
including paid announcements in newspapers, magazines,
radio, television, billboards, electronic media, naming
rights, or any other public medium of communication,
including paying for displays or promotions at job
fairs, military installations, or college recruiting
events.
``(B) Efforts to identify and attract prospective
students, either directly or through a contractor or
other third party, including contact concerning a
prospective student's potential enrollment or
application for grant, loan, or work assistance under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) or participation in preadmission or
advising activities, including--
``(i) paying employees responsible for
overseeing enrollment and for contacting
potential students in-person, by phone, by
email, or by other internet communications
regarding enrollment; and
``(ii) soliciting an individual to provide
contact information to an institution of higher
education, including websites established for
such purpose and funds paid to third parties
for such purpose.
``(C) Such other activities as the Secretary of
Education may prescribe, including paying for promotion
or sponsorship of education or military-related
associations.
``(3) Exceptions.--Any activity that is required as a
condition of receipt of funds by an institution under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
is specifically authorized under such title, or is otherwise
specified by the Secretary of Education shall not be considered
to be a covered activity under paragraph (2).
``(4) Federal educational assistance funds.--In this
subsection, the term `Federal educational assistance funds'
means funds provided directly to an institution or to a student
attending such institution under any of the following
provisions of law:
``(A) Title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
``(B) Chapter 30, 31, 32, 33, 34, or 35 of title
38, United States Code.
``(C) Chapter 101, 105, 106A, 1606, 1607, or 1608
of title 10, United States Code.
``(D) Section 1784a, 2005, or 2007 of title 10,
United States Code.
``(E) Title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.).
``(F) The Adult Education and Family Literacy Act
(29 U.S.C. 3271 et seq.).
``(5) Rule of construction.--Nothing in this section shall
be construed as a limitation on the use by an institution of
revenues derived from sources other than Federal educational
assistance funds.
``(6) Reporting.--Each institution of higher education, or
other postsecondary educational institution, that receives
revenues derived from Federal educational assistance funds
shall report annually to the Secretary and to Congress the
institution's expenditures on advertising, marketing, and
recruiting.''. | Protecting Financial Aid for Students and Taxpayers Act This bill amends the Higher Education Opportunity Act to prohibit an institution of higher education (IHE) or postsecondary educational institution from using revenues derived from federal educational assistance funds for recruiting or marketing activities. Federal educational assistance funds include federal student aid under title IV (Student Assistance) of the Higher Education Act of 1965, education benefits for military personnel and veterans, and grants for workforce development programs. An IHE or postsecondary educational institution must annually certify compliance with this requirement to retain eligibility to participate in title IV federal student aid programs. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Immigration Reform
Commission Act of 2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the
``Comprehensive Immigration Reform Commission''.
SEC. 3. PURPOSE.
The Commission will review and evaluate the implementation and
impact of United States immigration policy.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall conduct a comprehensive
review of immigration reform policies that affect family reunification,
employment-based immigration, the protection of refugees, and the
diversity of admissions by country of origin, consistent with the
purpose specified in section 3 and shall submit the report required
under subsection (b).
(b) Report.--
(1) Report.--Not later than 6 months after the selection of
the 2 co-chairpersons and the Executive Director of the
Commission, the Commission shall prepare and submit a final
report that contains a detailed statement of the
recommendations, findings, and conclusions of the Commission to
the Congress and the President.
(2) Public availability.--The report submitted under this
subsection shall be made available to the public.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members, to be appointed as follows:
(1) The majority leader of the Senate shall appoint 2
members.
(2) The minority leader of the Senate shall appoint 2
members.
(3) The Speaker of the House of Representatives shall
appoint 2 members.
(4) The minority leader of the House of Representatives
shall appoint 2 members.
(b) Appointments.--The Commission may not include more than 4
Members of Congress or other elected Federal, State, or local
government officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed by not
later than 30 days after the date of enactment of this Act.
(e) Initial Organization Period.--Not later than 60 days after the
date of enactment of this Act, the Commission shall develop and
implement a schedule for completion of the review and report required
under section 4.
(f) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons
from among its members.
(g) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the report
required under section 4(b)(1).
SEC. 6. ADMINISTRATION.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Co-Chairpersons or a majority of its members.
(2) Open meetings.--Each meeting of the Commission, other
than meetings in which classified information is to be
discussed, shall be open to the public.
(b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines to be necessary to
carry out its duties.
(c) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
(d) Staff.--
(1) Executive director.--The Commission shall have a staff
headed by an Executive Director. The Executive Director shall
be paid at a rate equivalent to a rate established for the
Senior Executive Service under section 5382 of title 5, United
States Code.
(2) Staff appointment.--With the approval of the
Commission, the Executive Director may appoint such personnel
as the Executive Director determines to be appropriate.
(3) Actuarial experts and consultants.--With the approval
of the Commission, the Executive Director may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code.
(4) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the Federal
employee.
(5) Other resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to carry
out its duties from the Library of Congress, the Chief Actuary
of Social Security, the Congressional Budget Office, and other
agencies and elected representatives of the executive and
legislative branches of the Federal Government. The Co-
Chairpersons of the Commission shall make requests for such
access in writing when necessary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2007 $1,500,000 to carry out the purposes of this Act.
(b) Availability.--Any sums appropriated under the subsection (a)
shall remain available, without fiscal year limitation, until expended. | Comprehensive Immigration Reform Commission Act of 2006 - Establishes the Comprehensive Immigration Reform Commission which shall: (1) conduct a comprehensive review of immigration reform policies that affect family reunification, employment-based immigration, refugee protection, and diversity of admissions by country of origin; and (2) submit a final report to Congress and the President.
Terminates the Commission 30 days after submission of such report. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anthrax Attacks Investigation Act of
2008''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on the Anthrax Attacks Upon the United States'' (in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the anthrax letter attacks of September and October 2001;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) determine whether all credible leads and information
regarding the potential perpetrators of the attacks were
pursued with due diligence by Federal investigators;
(4) ascertain the full range of individuals who could have
had access to the type of anthrax used in the attacks, and
determine the full extent to which all such individuals were
thoroughly investigated for any potential involvement in the
attacks;
(5) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
Federal Governments' preparedness for, and immediate response
to, the attacks; and
(6) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent and respond to acts of
bioterrorism.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members appointed as follows:
(1) 1 member appointed by the President.
(2) 1 member appointed by the Majority Leader of the
Senate, in consultation with the Minority leader of the Senate,
who shall serve as chairman of the Commission.
(3) 1 member appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House, who shall serve as vice chairman of the Commission.
(4) 2 members appointed by the Majority Leader of the
Senate.
(5) 2 members appointed by the Majority Leader of the House
of Representatives.
(6) 2 members appointed by the Minority Leader of the
Senate.
(7) 2 members appointed by the Minority Leader of the House
of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 6 members
appointed to the Commission shall be from the same political
party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens with national recognition and
significant depth of experience in professions such as
governmental service, law enforcement, law, public health,
public administration, science and technology, intelligence
gathering, commerce, transportation, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed no later than 60 days of the
enactment of this Act.
(c) Subcommittees.--The Chairman may establish subcommittees for
the purpose of carrying out the duties of the Commission.
(d) Meetings.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable
following the appointment of the 11 members.
(2) Subsequent meetings.--The Commission shall meet upon
the call of the chairman or a majority of its members. All such
meetings shall be open to the public unless classified
information or internal personnel matters involving the
Commission are to be discussed, in which case such meetings
shall be closed to the public.
(e) Quorum.--6 members of the Commission shall constitute a quorum.
(f) Vacancies.--Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 5. DUTIES OF COMMISSION.
(a) In General.--The duties of the Commission are to--
(1) conduct an investigation relating to the anthrax letter
attacks of September and October 2001 that investigates
relevant facts and circumstances surrounding the attacks,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) determine whether all credible leads and information
regarding the potential perpetrators of the attacks were
pursued with due diligence by Federal investigators;
(4) ascertain the full range of individuals who could have
had access to the type of anthrax used in the attacks and
determine the full extent to which all such individuals were
thoroughly investigated for any potential involvement in the
attacks;
(5) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
Federal Governments' preparedness for, and immediate response
to, the attacks;
(6) identify, review, and evaluate the lessons learned from
the attacks regarding the structure, coordination, management
policies, and procedures of the Federal Government, and, if
appropriate, State and local governments and nongovernmental
entities, relative to detecting, preventing, and responding to
bioterrorism attacks;
(7) submit to the President and Congress reports in
accordance with section 10; and
(8) bring to the attention of the Attorney General and
Congress any evidence of potential violations of Federal law or
regulations uncovered by the Commission during the course of
its investigation.
(b) Investigations and Reports.--The investigation and report
authorized under subsection (a) may include relevant facts and
circumstances relating to--
(1) intelligence and law enforcement agencies;
(2) diplomacy;
(3) the delivery, processing, and handling of mail,
parcels, or packages within the United States or its
territories by either government or commercial entities world-
wide;
(4) the ability of individuals or terrorist organizations
to acquire the scientific knowledge and means to manufacture
and deliver chemical, biological, or radiological weapons via
mail, parcels, or packages;
(5) the physical and personnel security measures and
procedures employed by government, nonprofit, and private
sector laboratories or other entities using, storing or
shipping agents on the Centers for Disease Control's Select
Agents and Toxins List;
(6) the role of Congressional oversight and resource
allocation; and
(7) other areas of the public and private sectors
determined relevant by the Commission for its inquiry.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--The Commission or, on the authority of the
Commission, any subcommittee or member thereof, shall, for the purpose
of carrying out its duties--
(1) hold hearings and sit and act at such times and places
as the Commission considers appropriate, take testimony,
receive evidence, and administer oaths; and
(2) in accordance with subsection (b), require, by subpoena
or otherwise, the attendance and testimony of witnesses and the
production of books, records, correspondence, memoranda,
papers, and documents, as the Commission or designated
subcommittee or member may determine advisable.
(b) Subpoenas.--
(1) Issuance.--A subpoena may be issued by the Commission
only--
(A) by the agreement of the chairman and the vice
chairman; or
(B) by the affirmative vote of a majority of
members of the Commission.
(2) Signature.--Subject to paragraph (1), subpoenas issued
under this subsection may be issued under the signature of the
chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
an application is made under paragraph (3) may be served in the
judicial district in which the person required to be served
resides or may be found.
(5) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under this
subsection, the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as civil contempt.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who shall bring the
matter before the grand jury for its action, under the
same authority and procedures as if the United States
attorney had received a certification under section 104
of the Revised Statutes of the United States (2 U.S.C.
194).
(c) Public Reports; Hearings.--
(1) Requiring public access.--The Commission shall hold
public hearings and meetings and release public versions of the
reports submitted in accordance with section 10.
(2) Protection of information.--Any public hearings of the
Commission shall be conducted in a manner consistent with the
protection of information provided to or developed for or by
the Commission as required by any applicable statute,
regulation, or Executive order.
(d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for services
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(e) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act.
(2) Declassification requests.--Each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall--
(A) review on an expedited basis any requests for
declassification of classified material made by the
Commission; and
(B) declassify and supply to the Commission such
information as the Commission requests consistent with
applicable requirements to protect sources and methods.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States at the request of the Commission
shall provide such services, funds, facilities, staff, and
other support services as may be authorized by law.
(g) Gifts.--The Commission may accept, use, and dispose of gifts,
bequests, devises of services or property, both real and personal, or
donations of services or property, for the purpose of aiding or
facilitating the work of the Commission.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
(i) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission to provide the Commission members appropriate
security clearances pursuant to existing procedures and requirements.
SEC. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall receive travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 9. STAFF OF COMMISSION.
(a) Appointment and Compensation.--Subject to the rules of the
Commission, the chairman, in consultation with the vice chairman, may
appoint and fix the compensation of a executive director and such other
personnel as may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance with section 3109(b) of title
5, United States Code, but at rates not to exceed the daily rate paid
under level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(d) National Academy of Sciences Staff Recommendations.--The
chairman and vice chairman of the Commission shall seek the
recommendations of the National Academy of Sciences regarding the
desired qualifications of scientific staff to be hired directly or on a
consultant basis by the Commission.
(e) Prohibiting Conflicts of Interest.--No individual who
participated in the criminal investigation into the anthrax letter
attacks may be detailed to, or may provide any paid or unpaid services
to, the Commission.
SEC. 10. REPORTS OF THE COMMISSION.
(a) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall transmit a final report
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of the
Commission, including proposing organization, coordination, planning
and management arrangements, procedures, rules, and regulations. The
final report shall be unclassified but may include a classified annex,
if necessary.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of the Commission members.
(c) Dissenting Views.--Both the interim and final reports shall
contain the dissenting views of any commission member who wishes to
have his or her views published.
SEC. 11. TERMINATION.
The Commission shall terminate 60 days after submitting its final
report under section 10(a).
SEC. 12. FUNDING.
There are authorized to be appropriated such sums as are necessary
for the operation of the Commission. | Anthrax Attacks Investigation Act of 2008 - Establishes the National Commission on the Anthrax Attacks Upon the United States to: (1) conduct an investigation of the anthrax letter attacks of September and October 2001; and (2) submit interim reports to the President and Congress and a final report on its findings with recommendations for corrective measures to prevent and respond to acts of bioterrorism. Directs the Commission to hold public hearings and release its reports to the public. | billsum_train |
Make a brief summary of the following text: SECTION 1. STORAGE OF RAIL CARS.
(a) Amendment.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 10911. Storage of rail cars
``(a) Storage Plan Requirement.--
``(1) In general.--A rail carrier providing transportation
subject to the jurisdiction of the Board under this part shall
submit a storage plan to the Board in accordance with
subsection (b) if the rail carrier--
``(A) has stored any rail cars, including rail cars
that the rail carrier owns or leases, on tracks
described in paragraph (2) for a period of 3 years or
more; and
``(B) continues to store such cars on such tracks
on the date of the enactment of this section.
``(2) Covered tracks.--Tracks referred to in paragraph
(1)(A)--
``(A) pass through an area zoned for commercial or
residential use;
``(B) were designed or previously used for through
transportation of trains; and
``(C) do not include rail yard or storage yard
tracks.
``(b) Plan.--
``(1) Contents.--A storage plan submitted to the Board
under subsection (a)(1) shall contain--
``(A) an explanation of the rail carrier's reasons
for storing rail cars on the tracks specified in the
plan, including an explanation of why a suitable
alternative storage site does not exist;
``(B) a description of the tracks on which the rail
cars are stored or will be stored, including the
proximity of such tracks to a home or school;
``(C) evidence that the rail carrier has worked
with the relevant local community to develop measures
described in subparagraph (D);
``(D) a description of measures to be undertaken--
``(i) to ensure that the rail car storage
will not jeopardize the public safety for the
duration of the period to which the plan
applies; and
``(ii) to mitigate any impacts of the long-
term storage of rail cars on the community
through which the tracks pass; and
``(E) an estimated time line for the final
disposition of the rail cars to be stored on the
specified tracks.
``(2) Approval.--
``(A) In general.--Not later than 6 months after
receiving a storage plan under this section, the Board,
after public notice and an opportunity for public
comment, shall--
``(i) approve the plan; or
``(ii) disapprove the plan if the Board
determines that the storage of rail cars
covered by the plan jeopardizes public safety,
including the safety of children.
``(B) Basis.--Any determination under subparagraph
(A) shall be based on information provided in the
storage plan, by the local community, or through public
comment.
``(c) Authority.--
``(1) General rule.--Except as provided in paragraph (2), a
rail carrier providing transportation subject to the
jurisdiction of the Board under this part may store rail cars
as described in subsection (a) only in accordance with a
storage plan approved by the Board under subsection (b)(2).
``(2) Interim authority.--
``(A) In general.--Except as provided in
subparagraph (B), the Board shall authorize the
temporary storage of rail cars as described in
subsection (a) before a storage plan has been approved
under subsection (b)(2) if the Board determines that a
plan for such storage has been submitted, or is being
prepared for submittal in a timely manner, for approval
under subsection (b).
``(B) Exception.--The Board may not authorize
temporary storage under this paragraph if the Board
determines, on its own initiative or pursuant to
information provided by the local community, that such
storage poses a significant safety hazard, including to
the safety of children.
``(d) Enforcement.--
``(1) Petitions.--The Board shall establish procedures to
enable a local governmental entity to petition the Board to
enforce the provisions of this section.
``(2) Penalties.--Each rail car stored in violation of this
section shall constitute a separate violation for purposes of
section 11901(a).''.
(b) Table of Sections.--The table of sections for chapter 109 of
title 49, United States Code, is amended by adding at the end the
following:
``10911. Storage of rail cars.''. | Requires a rail carrier to have a storage plan, meeting specified requirements and approved by the Surface Transportation Board, for any of its rail cars that it stores for three or more years, and continues to store, on tracks (except rail yard or storage yard tracks) that pass through a commercial- or residential-zoned area that were designed or previously used for through transportation of trains. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Chemicals Act of 2017''.
SEC. 2. CREDITS FOR PRODUCTION OF RENEWABLE CHEMICALS AND INVESTMENTS
IN RENEWABLE CHEMICAL PRODUCTION FACILITIES.
(a) Production of Renewable Chemicals.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS.
``(a) In General.--For purposes of section 38, the production
credit for renewable chemicals for any taxable year is an amount
(determined separately for each renewable chemical) equal to $0.15 per
pound of biobased content of each renewable chemical produced during
the taxable year--
``(1) by the taxpayer, or
``(2) for the taxpayer by a contract manufacturer under a
binding written agreement.
``(b) Limitation.--The amount of the credit determined under
subsection (a) with respect to a renewable chemical produced during any
taxable year shall not exceed the credit amount allocated for purposes
of this section by the Secretary to the taxpayer with respect to such
chemical for such taxable year under section 48E(e).
``(c) Definitions.--For purposes of this section--
``(1) Renewable chemical.--The term `renewable chemical'
means any chemical which--
``(A) is produced in the United States (or in a
territory or possession of the United States) from
renewable biomass,
``(B) is sold or used by the taxpayer--
``(i) for the production of chemical
products, polymers, plastics, or formulated
products, or
``(ii) as chemicals, polymers, plastics, or
formulated products,
``(C) is not less than 95 percent biobased content,
``(D) is the product of, or is reliant upon,
biological conversion, thermal conversion, or a
combination of biological and thermal conversion of
renewable biomass,
``(E) is not sold or used for the production of any
food, feed, or fuel, and
``(F) is not a chemical for which a credit has been
claimed by the taxpayer in any taxable year under this
section or section 48E.
``(2) Biobased content.--The term `biobased content' means,
with respect to any renewable chemical, the biobased content of
the total mass of organic carbon in such chemical (expressed as
a percentage), determined by testing representative samples
using the American Society for Testing and Materials (ASTM)
D6866.
``(3) Renewable biomass.--The term `renewable biomass' has
the meaning given such term in section 9001(13) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101(13)).
``(d) National Limitation on Credits for Renewable Chemicals.--See
section 48E(e) for rules relating to national limitation on credits
under this section.
``(e) Coordination With Investment Credit for Renewable Chemical
Production Facilities.--See section 48E(f) for rules coordinating
section 48E with this section.
``(f) Termination.--Notwithstanding any other provision of this
section or section 48E, the Secretary may not allocate any credit
amount under this section to any taxable year which begins more than 5
years after the date of the enactment of this section.''.
(2) Credit to be part of general business credit.--
Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(37) the renewable chemicals production credit determined
under section 45S(a).''.
(b) Investment Credit in Lieu of Production Credit.--
(1) In general.--Section 46 of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph
(5), by striking the period at the end of paragraph (6) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(7) the renewable chemical production facilities
credit.''.
(2) Renewable chemical production facilities credit.--
Subpart E of part IV of subchapter A of chapter 1 of such Code
is amended by inserting after section 48D the following:
``SEC. 48E. INVESTMENT CREDIT FOR RENEWABLE CHEMICAL PRODUCTION
FACILITIES.
``(a) In General.--For purposes of section 46, the renewable
chemical production facilities credit for any taxable year is an amount
equal to 30 percent of the basis of any eligible property which is a
part of a renewable chemical production facility placed in service by
the taxpayer during such taxable year.
``(b) Limitation.--The amount of the credit determined under
subsection (a) with respect to a renewable chemical production facility
of the taxpayer during any taxable year shall not exceed the credit
amount allocated for purposes of this section by the Secretary to the
taxpayer for such taxable year under subsection (e).
``(c) Renewable Chemical Production Facility.--For purposes of this
section--
``(1) In general.--The term `renewable chemical production
facility' means a facility--
``(A) which is owned by the taxpayer,
``(B) which is originally placed in service after
the date of the enactment of this section and before
the first day of the taxable year which begins 6 years
after the date of the enactment of this section, and
``(C) with respect to which--
``(i) no credit has been allowed under
section 45S for chemicals produced at such
facility in any previous taxable year, and
``(ii) the taxpayer makes an irrevocable
election to have this section apply, and
``(D) which is used to produce renewable chemicals.
``(2) Eligible property.--The term `eligible property'
means any property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not
including a building or its structural
components),
but only if such property is used as an integral part
of the renewable chemical production facility, and
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(3) Renewable chemical.--The term `renewable chemical'
has the meaning given such term by section 45S(c)(1).
``(d) Certain Qualified Progress Expenditures Rules Made
Applicable.--Rules similar to the rules of subsections (c)(4) and (d)
of section 46 (as in effect on the day before the enactment of the
Revenue Reconciliation Act of 1990) shall apply for purposes of this
section.
``(e) National Limitation on Credits for Renewable Chemicals.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, in
consultation with the Secretary of Agriculture, shall establish
a program to allocate credit amounts under this section and
section 45S to taxpayers who produce renewable chemicals for
taxable years ending after the date of the enactment of this
section.
``(2) Limitations.--
``(A) Aggregate limitation.--The total amount of
credits that may be allocated under such program shall
not exceed $500,000,000.
``(B) Taxpayer limitation.--The amount of credits
that may be allocated to any taxpayer for any taxable
year under such program shall not exceed $25,000,000.
For purposes of the preceding sentence, all persons
treated as a single employer under subsection (a) or
(b) of section 52, or subsection (m) or (o) of section
414, shall be treated as one taxpayer.
``(3) Selection criteria.--In determining to which
taxpayers to make allocations of the credit amount under such
program, the Secretary shall take into consideration--
``(A) the number of jobs created and maintained
(directly and indirectly) in the United States
(including territories and possessions of the United
States) as result of such allocation during the credit
period and thereafter,
``(B) the degree to which the production of the
renewable chemical demonstrates reduced dependence on
imported feedstocks, petroleum, non-renewable
resources, or other fossil fuels,
``(C) the technological innovation involved in the
production method of the renewable chemical,
``(D) the energy efficiency and reduction in
lifecycle greenhouse gases of the renewable chemical or
of the production method of the renewable chemical, and
``(E) whether there is a reasonable expectation of
commercial viability.
``(4) Redistribution.--If a credit amount allocated to a
taxpayer for a taxable year with respect to any renewable
chemical or renewable chemical production facility (determined
without regard to this paragraph) exceeds the amount of the
credit with respect to such chemical determined under this
section on the taxpayer's return for such taxable year--
``(A) the credit amount allocated to such taxpayer
for such taxable year with respect to such renewable
chemical shall be treated as being the amount so
determined on the taxpayer's return, and
``(B) such excess may be reallocated by the
Secretary consistent with the requirements of this
subsection.
``(5) Disclosure of allocations.--The Secretary shall, upon
making an allocation of credit amount under this section,
publicly disclose the identity of the taxpayer and the amount
of the credit with respect to such taxpayer.
``(f) Coordination With Production Credit for Renewable
Chemicals.--If a taxpayer makes an election under subsection
(c)(1)(C)(ii) with respect to a renewable chemical production facility,
a credit shall not be allowed under section 45S for any renewable
chemical produced by such facility.
``(g) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section and
section 45S.
``(h) Termination.--The Secretary may not allocate any credit
amount under this section to any taxable year which begins more than 5
years after the date of the enactment of this section.''.
(c) Credits Allowable Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of
1986 is amended by redesignating clauses (vii) through (ix) as clauses
(ix) through (xi), respectively, and by inserting after clause (vi) the
following new clauses:
``(vii) the credit determined under section
45S,
``(viii) the credit determined under
section 46 to the extent that such credit is
attributable to the renewable chemical
production facilities credit under section
48E,''.
(d) Clerical Amendments.--
(1) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new item:
``Sec. 45S. Credit for production of renewable chemicals.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 48E. Investment credit for renewable chemical production
facilities.''.
(e) Effective Dates.--The amendments made by this section shall
apply to renewable chemicals produced and renewable chemical production
facilities placed in service after the date of the enactment of this
Act, in taxable years ending after such date. | Renewable Chemicals Act of 2017 This bill amends the Internal Revenue Code to allow: (1) a business-related tax credit for the production of renewable chemicals, and (2) a tax credit for investment in renewable chemical production facilities. The bill defines "renewable chemical" as any chemical that: (1) is produced in the United States from renewable biomass; (2) is sold or used for the production of chemical products, polymers, plastics, or formulated products or as chemicals, polymers, plastics, or formulated products; (3) has a biobased content of not less than 95%; (4) is the product of, or reliant upon, biological or thermal conversion of renewable biomass; (5) is not sold or used for the production of any food, feed, or fuel; and (6) is not a chemical for which either of the tax credits established by this bill have been claimed by the taxpayer in any taxable year. The bill requires the Department of the Treasury to establish a program to allocate renewable chemical tax credit amounts to eligible taxpayers and imposes an aggregate limit on the amount of credits that may be allocated to not more than $500 million during the 5-year period after enactment of this bill. The amount of the credits that may be allocated to any taxpayer for any taxable year may not exceed $25 million. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Professional Exchange
Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the National Research Council's 2007
report titled ``International Education and Foreign Languages:
Keys to Securing America's Future'', ``knowledge of foreign
languages and cultures is increasingly critical for the
nation's security and its ability to compete in the global
marketplace. Language skills and cultural expertise are needed
for federal service, for business, for such professions as law,
health care, and social work, and for an informed citizenry.''.
(2) Exchange programs play an important role in learning
about foreign cultures and languages and building bridges
between societies. Our Nation benefits from having people from
all over the world study, work, and travel in the United
States.
(3) The Fulbright Programs are widely recognized and
prestigious international exchange programs, with approximately
294,000 ``Fulbrighters'' from more than 155 countries
participating in the academic exchange program since its
inception more than 60 years ago.
(4) In his June 4, 2009, speech in Cairo, Egypt, President
Barack Obama stated--
(A) ``I have come here to seek a new beginning
between the United States and Muslims around the world;
one based on mutual interest and mutual respect.'';
(B) in discussing economic development and
opportunity, ``we will expand exchange programs'' and
``we will create a new corps of business volunteers to
partner with counterparts in Muslim-majority
countries''; and
(C) ``Indeed, faith should bring us together. That
is why we are forging service projects in America that
bring together Christians, Muslims, and Jews.'' and
``Around the world, we can turn dialogue into
Interfaith service, so bridges between peoples lead to
action.''.
(5) During the 2010 Presidential Summit on
Entrepreneurship, President Obama emphasized the importance of
partnering with global Muslim communities ``to expand economic
prosperity . . . and to deepen ties between business leaders,
foundations, and entrepreneurs in the United States and Muslim
communities around the world.''.
(6) In her November 2009 speech at the ``Forum for the
Future'' in Marrakech, Morocco, Secretary of State Clinton
stated ``It is results, not rhetoric, that matter in the end.
Economic empowerment, education, healthcare, access to energy
and to credit, these are the basics that all communities need
to thrive. . . . We know that true progress comes from within a
society and cannot be imposed from the outside, and we know
that change does not happen overnight. So we will not focus our
energies on one-time projects, but we will seek to work with
all of you in government and in civil society to try to build
local capacity and empower local organizations and individuals
to create sustainable change.''.
(7) On January 28, 2010, Farah Pandith, Special
Representative to Muslim Communities for the Department of
State, stated, ``by working together in true partnership with
Muslims around the world, we can build new relationships and
partnerships that inspire and promote peace, prosperity,
dignity, and hope.''.
SEC. 3. STATEMENT OF PURPOSE.
The purpose of this Act is to establish a pilot program--
(1) to help build professional capacity and contribute
professional skills to local communities through a two-way
exchange of fellows;
(2) to address some of the long-term economic challenges
facing the global economy by sharing and building professional
expertise and building civil society capacity in the United
States and in Muslim-majority countries, including minority
populations in those countries;
(3) to promote cross-cultural understanding between the
people of the United States and the people in Muslim-majority
countries, including minority populations in those countries;
(4) to improve mutual understanding, change perceptions,
and strengthen the people-to-people ties which unite Americans
with people in Muslim-majority countries, including minority
populations in those countries; and
(5) to promote international cooperation and peace.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Fellow.--The term ``fellow'' means a college-educated
professional who--
(A) is between 21 and 40 years of age; and
(B) has been selected to participate in the
Program.
(3) Fellowship.--The term ``fellowship'' means the vehicle
through which inbound and outbound fellows participate in the
Program.
(4) Inbound fellow.--The term ``inbound fellow'' means a
fellow who is coming to the United States from a Muslim-
majority country.
(5) Muslim-majority country.--The term ``Muslim-majority
country'' means--
(A) a country that is a Member State of the
Organization of the Islamic Conference; and
(B) the Republic of Kosovo.
(6) Outbound fellow.--The term ``outbound fellow'' means a
fellow who is going to a Muslim-majority country from the
United States.
(7) Program.--The term ``Program'' means the 3-year
International Professional Exchange Pilot Program established
under this Act.
SEC. 5. INTERNATIONAL PROFESSIONAL EXCHANGE PILOT PROGRAM.
(a) Authorization.--The Secretary of State is authorized to
establish a 3-year international professional exchange pilot program
for--
(1) young professionals in the United States to live and
work in a Muslim-majority country; and
(2) young professionals in Muslim-majority countries to
live and work in the United States.
(b) Fellowship Duration.--The fellowships under the Program should
last between 3 and 6 months, during which--
(1) time should be allocated for professional training,
community service, and cultural immersion activities, including
site visits and domestic travel; and
(2) the majority of time should be spent in a professional
job setting that complements the fellow's professional
background and builds relevant professional skill sets.
(c) Community Service.--Each fellow shall be required to complete
at least 40 hours of community service in the local community in which
the fellow is placed to gain a better appreciation for--
(1) issues surrounding the local community;
(2) the importance of civic engagement; and
(3) in some cases, interfaith service, which involves
service activities and projects for the common good that draw
participants from more than 1 faith tradition, denomination,
spiritual movement, or religion and often include secular
participants and organizations.
(d) Placement.--Each fellow shall be placed in a professional
environment that complements his or her professional training and
experience. To the extent possible, outbound fellowship placement
selections should target local companies and businesses in addition to
placement opportunities with local governments and civil society
organizations.
(e) Travel Expenses; Stipend.--The Program shall cover all relevant
travel, administrative, and health care costs for each fellow that are
directly related to his or her participation in the Program. Each
fellow shall receive a stipend in an amount equal to the estimated
costs to be incurred for housing, meals, and local transportation
costs. Fellows shall not be paid a salary by the Program for their
fellowship. To the extent available and consistent with local law,
fellows may accept a stipend from the local company or organization
connected to their fellowship.
(f) Technology.--In administering the Program, the Secretary of
State is encouraged to support and utilize communications technology to
train fellows and provide networking opportunities for fellows,
including--
(1) simultaneous orientations;
(2) online educational and cultural trainings, including
refresher language training;
(3) classroom exchanges;
(4) online networks of fellows; and
(5) platforms for sharing experiences and creating alumni
networks.
SEC. 6. SELECTION OF INBOUND FELLOWS.
(a) Country of Origin.--The selection of inbound fellows shall
reflect geographic diversity to the extent possible. The Secretary of
State shall select not fewer than 4 and not more than 7 Muslim-majority
countries from which the initial group of inbound fellows may be
selected. In making such selections, the Secretary shall select at
least 1 country from each of the following geographic regions:
(1) Middle East and North Africa.
(2) Central Asia and South Asia.
(3) Southeast Asia.
(b) Recruitment.--In recruiting inbound fellows for the Program,
the Secretary should--
(1) build upon existing programs to engage Muslim
communities, including efforts by the Department of State
through the Office of the Special Representative to Muslim
Communities and the Office of the Special Envoy to the
Organization of the Islamic Conference;
(2) reach out to graduates of English learning programs,
such as the English Access Microscholarship Program;
(3) work with local Chambers of Commerce and leading
private sector industries to identify potential candidates;
(4) engage with public service networks and leading public
service and nonprofit organizations;
(5) use online networking and media tools to reach
potential fellows; and
(6) use other creative outlets to reach a broad and diverse
candidate pool.
(c) Selection Process.--In selecting inbound fellows for the
Program, the Secretary should--
(1) give preference to candidates who--
(A) have relevant professional and language
qualifications;
(B) are prepared for cultural immersion; and
(C) have demonstrated leadership in their
communities;
(2) take into account the gender and geographic diversity
of the candidates;
(3) conduct in-person interviews with all of the finalists
to test their character and personal commitment to the goals of
the Program; and
(4) select fellows from a variety of professional
backgrounds with a preference for individuals who work in--
(A) the public sector, including teachers, urban/
city planners, public health workers, and public
administrators; or
(B) civil society, including journalists, faith-
based leaders, interfaith leaders, and those working in
nonprofit organizations.
SEC. 7. OUTBOUND FELLOWS.
(a) Country of Placement.--The placement of outbound fellows shall
reflect geographic diversity to the extent possible. The Secretary of
State shall select not fewer than 4 and not more than 7 Muslim-majority
countries to which the initial group of outbound fellows may be placed.
This group of countries does not need to be the same group of countries
from which inbound fellows are selected. In making such selection, at
least 1 country should be selected from each of the following
geographic regions:
(1) Middle East and North Africa.
(2) Central Asia, South Asia, and Southeast Asia.
(b) Recruitment.--In recruiting outbound fellows for the Program,
the Secretary should identify a large selection of potential candidates
by working closely with--
(1) Federal and State government agencies;
(2) United States academic institutions, particularly
graduate schools;
(3) public and private sector professional networks;
(4) private businesses; and
(5) nongovernmental organizations.
(c) Selection Process.--In selecting outbound fellows for the
Program, the Secretary should--
(1) identify candidates who--
(A) have relevant professional and language
qualifications;
(B) are prepared for cultural immersion; and
(C) have demonstrated leadership in their
communities;
(2) take into account the gender and geographic diversity
of the candidates;
(3) conduct in-person interviews with all of the finalists
to test their character and personal commitment to the goals of
the Program; and
(4) select fellows from a variety of professional
backgrounds, with a preference for individuals who work in--
(A) the public sector, including teachers, urban/
city planners, public health workers, and public
administrators; and
(B) civil society, including journalists, faith-
based leaders, interfaith leaders, and those working in
nonprofit organizations.
SEC. 8. ORIENTATION, TRAINING, AND LANGUAGE.
(a) Orientation.--At the beginning of each fellowship, the Program
should include an orientation for each class of inbound fellows and
outbound fellows.
(b) Training.--The Program should provide, and require each fellow
to complete, appropriate professional and cultural training before and
during the fellowship.
(c) Language.--The Program is not intended to teach fellows
professional competency in the working language of the country in which
fellows are placed. Fellows should possess a working level knowledge of
the language needed for professional placement before the placement is
made. The Program shall provide refresher language training for
fellowship placement, as needed.
SEC. 9. POST-FELLOWSHIP ACTIVITIES.
(a) Certificate.--Upon successful completion of the fellowship,
each fellow shall receive a certificate from the Department of State
certifying such completion.
(b) Alumni Networks.--The Program should include an alumni
component that encourages former fellows to meet and build
relationships and provides an opportunity for former fellows--
(1) to remain linked to the Program and the network of
colleagues they met through the Program;
(2) to share experiences with current and former fellows
and participating professional organizations;
(3) to build international professional networks;
(4) to recruit candidates for future fellowships;
(5) to identify placement opportunities for future fellows;
and
(6) to raise funds in support of alumni activities and
future fellows.
(c) Public-Private Partnership Funding.--The Secretary of State is
strongly encouraged to defray the costs of the Program through public-
private partnerships that seek in-kind contributions, financial
assistance for travel and administrative costs, job placement, and
recruitment assistance from--
(1) the private sector, including private foundations;
(2) foreign governments; and
(3) other interested parties.
SEC. 10. REPORT.
(a) In General.--Not later than 15 months, 27 months, and 39 months
after the date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional committees that
describes the administration and outcomes of the Program.
(b) Contents.--The reports submitted under subsection (a) shall
include--
(1) the administrative costs of the Program;
(2) recommendations for improving cost-sharing;
(3) the country selection process for the Program;
(4) the qualifications, overhead, and achievements of any
partners involved in the implementation of the Program;
(5) the program models used by grantees to promote cross-
learning;
(6) recruitment practices and outcomes;
(7) the number of candidates per country;
(8) selection criteria used to choose fellows, including
issues that arose during selection and recommendations for
improved selection;
(9) the placement process, including issues that arose
during selection and recommendations for improved placement;
(10) the training offered, including recommendations for
improved training;
(11) the alumni networks created, including recommendations
for improving alumni activity; and
(12) other recommendations for improving the administration
and funding of the overall program.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of State
such sums as may be necessary for each of the fiscal years 2011 through
2014, which shall be expended to carry out the Program in accordance
with this Act. | International Professional Exchange Act of 2010 - Authorizes the Secretary of State to establish a three-year international professional exchange pilot program for: (1) young professionals in the United States to live and work in a Muslim-majority country; and (2) young professionals in Muslim-majority countries to live and work in the United States.
Provides for fellowships of between three and six months, during which: (1) time should be allocated for professional training, community service, and cultural immersion activities, including site visits and domestic travel; and (2) the majority of time should be spent in a professional job setting that complements the fellow's professional background and builds relevant professional skill sets.
States that the selection of inbound and outbound fellows shall reflect geographic diversity from the Middle East, North Africa, Central Asia, South Asia, and Southeast Asia.
Requires each fellow to complete at least 40 hours of community service in the local community in which the fellow is placed.
Encourages the Secretary to defray program costs through public-private partnerships.
Requires three reports from the Secretary describing the administration and outcomes of the program.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. CREDIT FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. CREDIT FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to
$500 for each qualified intelligent vehicle system placed in service by
the taxpayer during the taxable year.
``(b) Limitation Per Vehicle.--The amount of the credit allowed
under subsection (a) with respect to any vehicle shall not exceed the
excess of--
``(1) $1,000, reduced by
``(2) the aggregate amount of any credits allowed to the
taxpayer under this section with respect to such vehicle for
all prior taxable years.
``(c) Qualified Intelligent Vehicle System.--For purposes of this
section--
``(1) In general.--The term `qualified intelligent vehicle
system' means any system of devices described in a subparagraph
of paragraph (2) which is installed in a motor vehicle.
``(2) Devices described.--The following devices are
described in this paragraph:
``(A) Electronic lane departure warning systems
that alert the driver by means of an audio, visual, or
tactile warning that the driver has departed from his
or her lane of travel.
``(B) Collision avoidance systems that operate at
highway speeds of 45 miles per hour or greater and
utilize radar to detect potential collisions and
provide a visual or audio warning for the driver.
``(C) Navigation systems that are installed devices
that provide nationwide route guidance to a driver by
providing audio turn-by-turn directions such that a
driver can navigate to a destination without looking at
a map.
``(D) Active automatic crash notification systems
which use wireless telecommunication technologies to
immediately alert a private emergency call center when
a passenger presses the car's emergency alert button or
the car's airbag deploys.
``(E) Electronic or roll stability control systems
that are vehicle stability control systems that
optimize vehicle control and are specifically designed
to monitor and ensure the stability of the vehicle.
``(F) Side obstacle detection systems that increase
drivers' awareness of vehicles in side blind spots with
an audible or visual warning.
``(G) Automatic back-up warning device systems that
alert drivers to people and objects behind their
vehicle when backing, including systems that give the
driver visibility behind the vehicle when backing up.
``(H) Adaptive cruise control systems that warn
drivers of slower-moving traffic ahead. Automatically
adjusts speed to maintain a driver-set gap from the
vehicle ahead. These systems monitor the area ahead of
the vehicle, measuring distance and relative velocity
of target vehicles to automatically adjust the speed of
the host vehicle to maintain speeds requested by the
driver through both braking and throttle control. This
includes but is not limited to systems that include a
short brake pulse, reversible restraint system
activation, or full emergency braking capability to the
adaptive cruise control system.
``(I) Adaptive front lighting systems (AFS) that
provide optimal visibility in various driving
conditions by automatically modifying the beam pattern
of the head lighting system in response to vehicle
speed, weather conditions, and road situations (city,
country, motorway), including headlamps that move with
the steering wheel to help illuminate curves or turns.
``(J) Light emitting diode (LED) brake lights that
are brighter and activate faster than conventional
lamps allowing programming options that are not
available with conventional lamps.
``(K) Seat-mounted head protection airbag systems
that consist of a small airbag which deploys from the
driver or passenger side seat and protects the head in
a side-impact crash scenario if such system is
certified as performing in a manner that results in a
rating of good under the IIHS head protection rating
scale in their side-impact crash rating test for front
seat occupants.
``(L) Head-curtain airbag system consisting of a
wide curtain safety device system embedded in the roof
lining of the vehicle which--
``(i) deploys when triggered by a crash
sensor, and
``(ii) covers the front two rows of the
vehicle (between the A and C pillars) and at
least 80 percent of the glass area adjacent to
the occupants.
``(M) Head airbag and rollover protection curtain
system consisting of an enlarged roof line mounted
airbag system with an enhanced capability of remaining
deployed for 5 seconds to provide head, neck, and torso
protection in a vehicle rollover crash scenario if such
system covers at least 90 percent of the glass opening
and meets the proposed occupant ejection mitigation
requirements issued by the National Highway Traffic
Safety Administration.
``(N) In the case of a motor vehicle any portion of
which is subject to tax under section 4051, direct tire
pressure monitoring systems for heavy truck
applications that provide a real time determination of
the condition of the pressure and temperature of the
air in the tire.
``(O) Any system specifically identified by the
Administrator of the National Highway Traffic Safety
Administration for the purposes of this paragraph as
significantly enhancing the safety or security of the
driver, passengers, or load of a vehicle.
``(3) Removal from device list.--Any system specifically
identified by the Administrator of the National Highway Traffic
Safety Administration for removal from paragraph (2) shall be
treated as not described in any subparagraph of such paragraph
effect for systems placed in service after such date as the
Administrator shall specify.
``(4) Motor vehicle.--The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on a rail or rails) and which has at least 4
wheels.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.-- No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(e) Supporting Documentation.--No credit shall be allowed under
subsection (a) unless the taxpayer receives, at the time of purchase of
the qualified intelligent vehicle system, such documentation as the
Secretary may require. Such documentation shall identify the type of
each intelligent vehicle system installed on the motor vehicle, the
purchase date of the motor vehicle containing such system (or the
installation date of such system in the case of installation after the
date of the first retail sale). The Secretary may not require retail or
manufacturer price documentation.
``(f) Termination.--This section shall not apply to any property
placed in service after December 31, 2012.''.
(b) Determinations by NHTSA.--
(1) In general.--The Administrator of the National Highway
Traffic Safety Administration shall, during the 8-month period
beginning 40 months after the date of the enactment of this Act
and periodically thereafter, identify systems for inclusion in
or removal from the list of systems in paragraph (2) of section
36(c) of the Internal Revenue Code of 1986, and shall publish
an update of such list taking into account such inclusions and
removals.
(2) Advisory committee.--For purposes of making
identifications described in paragraph (1), such Administrator
shall--
(A) establish a committee (which shall include at
least one representative from industry and one
consumer) to access potentially qualified systems,
(B) convene such committee and establish a regular
meeting schedule,
(C) require quarterly reports from such committee,
and
(D) make such quarterly reports available to the
public.
(c) Conforming 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 redesignating the item relating to section 36 as
an item relating to section 37 and by inserting before such
item the following new item:
``Sec. 36. Credit for intelligent vehicle technology systems.''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 36'' after ``section 35''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2005. | Amends the Internal Revenue Code to allow a tax credit for the cost of installing a qualified intelligent vehicle system in a motor vehicle. Defines "qualified intelligent vehicle system" to include devices designed to avoid collisions, ensure vehicle stability, provide automatic back-up warnings, or any other devices specifically identified by the Administrator of the National Highway Traffic Safety Administration as significantly enhancing motor vehicle safety. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom Peace Tax Fund
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The free exercise of religion is an inalienable right,
protected by the First Amendment of the United States
Constitution.
(2) Congress reaffirmed this right in the Religious Freedom
Restoration Act of 1993, as amended in 1998, which prohibits
the Federal Government from imposing a substantial burden on
the free exercise of religion unless it demonstrates that a
compelling government interest is achieved by the least
restrictive means.
(3) Many people immigrated to America (including members of
the Quaker, Mennonite, and Church of the Brethren faiths) to
escape persecution for their refusal to participate in warfare,
yet during the First World War hundreds of conscientious
objectors were imprisoned in America for their beliefs. Some
died while incarcerated as a result of mistreatment.
(4) During the Second World War, ``alternative civilian
service'' was established in lieu of military service, by the
Selective Training and Service Act of 1940, to accommodate a
wide spectrum of religious beliefs and practices. Subsequent
case law also has expanded these exemptions, and has described
this policy as one of ``... long standing tradition in this
country ...'' affording ``the important value of reconciling
individuality of belief with practical exigencies whenever
possible. It dates back to colonial times and has been
perpetuated in state and federal conscription statutes,'' and
``has roots deeply embedded in history.'' (Welsh v. United
States, 1970, Justice Harlan concurring). During and since the
Second World War thousands of conscientious objectors provided
essential staff for mental hospitals and volunteered as human
test subjects for arduous medical experiments, and provided
other service for the national health, safety and interest.
(5) Conscientious objectors have sought alternative service
for their tax payments since that time. They request legal
relief from government seizure of their homes, livestock,
automobiles, and other property; and from having bank accounts
attached, wages garnished, fines imposed, and imprisonment
threatened, to compel them to violate their personal and
religious convictions.
(6) Conscientious objection to participation in war in any
form based upon moral, ethical, or religious beliefs is
recognized in Federal law, with provision for alternative
service; but no such provision exists for taxpayers who are
conscientious objectors and who are compelled to participate in
war through the payment of taxes to support military
activities.
(7) The Joint Committee on Taxation has certified that a
tax trust fund, providing for conscientious objector taxpayers
to pay their full taxes for non-military purposes, would
increase Federal revenues.
SEC. 3. DEFINITIONS.
(a) Designated Conscientious Objector.--For purposes of this Act,
the term ``designated conscientious objector'' means a taxpayer who is
opposed to participation in war in any form based upon the taxpayer's
sincerely held moral, ethical, or religious beliefs or training (within
the meaning of the Military Selective Service Act (50 U.S.C. App.
456(j)), and who has certified these beliefs in writing to the
Secretary of the Treasury in such form and manner as the Secretary
provides.
(b) Military Purpose.--For purposes of this Act, the term
``military purpose'' means any activity or program which any agency of
the Government conducts, administers, or sponsors and which effects an
augmentation of military forces or of defensive and offensive
intelligence activities, or enhances the capability of any person or
nation to wage war, including the appropriation of funds by the United
States for--
(1) the Department of Defense;
(2) the intelligence community (as defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 104a(4)));
(3) the Selective Service System;
(4) activities of the Department of Energy that have a
military purpose;
(5) activities of the National Aeronautics and Space
Administration that have a military purpose;
(6) foreign military aid; and
(7) the training, supplying, or maintaining of military
personnel, or the manufacture, construction, maintenance, or
development of military weapons, installations, or strategies.
SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND.
(a) Establishment.--The Secretary of the Treasury shall establish
an account in the Treasury of the United States to be known as the
``Religious Freedom Peace Tax Fund'', for the deposit of income, gift,
and estate taxes paid by or on behalf of taxpayers who are designated
conscientious objectors. The method of deposit shall be prescribed by
the Secretary of the Treasury in a manner that minimizes the cost to
the Treasury and does not impose an undue burden on such taxpayers.
(b) Use of Religious Freedom Peace Tax Fund.--Monies deposited in
the Religious Freedom Peace Tax Fund shall be allocated annually to any
appropriation not for a military purpose.
(c) Report.--The Secretary of the Treasury shall report to the
Committees on Appropriations of the House of Representatives and the
Senate each year on the total amount transferred into the Religious
Freedom Peace Tax Fund during the preceding fiscal year and the
purposes for which such amount was allocated in such preceding fiscal
year. Such report shall be printed in the Congressional Record upon
receipt by the Committees. The privacy of individuals using the Fund
shall be protected.
(d) Sense of Congress.--It is the sense of Congress that any
increase in revenue to the Treasury resulting from the creation of the
Religious Freedom Peace Tax Fund shall be allocated in a manner
consistent with the purposes of the Fund. | Religious Freedom Peace Tax Fund Act - Directs the Secretary of the Treasury to establish in the Treasury the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon their deeply held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified their beliefs in writing to the Secretary.Requires that: (1) amounts deposited in the Fund be allocated annually to any appropriation not for a military purpose; (2) the Secretary report to the House and Senate Appropriations Committees on the total amount transferred into the Fund during the preceding fiscal year and the purposes for which such amount was allocated; and (3) the privacy of individuals using the Fund be protected. Expresses the sense of Congress that any revenue increase resulting from the creation of the Fund be allocated in a manner consistent with its purposes. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Motor Carrier Equity Act''.
SEC. 2. COMPENSATED INTERCORPORATE TRANSPORTATION.
Section 10524 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Preemption With Respect to Compensated Intercorporate
Transportation.--No State or political subdivision thereof, and no
agency or organization of 2 or more States, shall enact or enforce any
law, rule, regulation, standard, or other provision having the force
and effect of law relating to interstate or intrastate rates, routes,
or services of any carrier that operates in interstate commerce
pursuant to Commission regulations promulgated with respect to
subsections (a) through (c) of this section.''.
SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES AND DRIVERS TO
SHIPPERS.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(e) Preemption With Respect to Single Source Leasing.--No State
or political subdivision thereof, and no agency or organization of 2 or
more States, shall enact or enforce any law, rule, regulation,
standard, or other provision having the force and effect of law
relating to interstate or intrastate rates, routes, or services
involving transportation by a motor vehicle and driver leased from a
single source by a lessee that operates as a motor private carrier in
interstate commerce when--
``(1) the motor vehicle is exclusively committed to the
lessee's use for the term of the lease;
``(2) the lessee has exclusive dominion and control over
the transportation service conducted by it during the term of
the lease;
``(3) the lessee maintains public liability and property
damage insurance or otherwise accepts responsibility to the
public for any injury or damage caused in the course of
performing the transportation service during the term of the
lease;
``(4) the lessee accepts responsibility for, and bears the
cost of, compliance with all applicable safety regulations; and
``(5) the lessee bears the risk of damage to the cargo.''.
SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS FROM MOTOR PRIVATE
CARRIERS.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(f) Preemption With Respect to Leasing From Motor Private
Carriers.--No State or political subdivision thereof, and no agency or
organization of 2 or mores States, shall enact or enforce any law,
rule, regulation, standard, or other provision having the force and
effect of law relating to the leasing of motor vehicles (with or
without drivers) from a motor private carrier that operates in
interstate commerce to the extent that such law, rule, regulation,
standard, or other provision is in addition to or more stringent than
the requirements for such lease transactions as established by the
Commission.''.
SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING AUTHORITY.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(g) Preemption With Respect to Motor Private Carriers Seeking
Operating Authority.--No State or political subdivision thereof, and no
agency or organization of 2 or more States, shall enact or enforce any
law, rule, regulation, standard, or other provision having the force
and effect of law that subjects a motor private carrier that operates
in interstate commerce and that seeks to obtain a motor common carrier
certificate or a motor contract carrier permit to provide intrastate
transportation of property to requirements or criteria that are not
applied to a transportation business seeking the same type of authority
to operate as a motor common or motor contract carrier.''.
SEC. 6. DEDICATED CONTRACT CARRIAGE.
(a) In General.--Subchapter II of chapter 105 of title 49, United
States Code, is amended by inserting after section 10525 the following
new section:
``Sec. 10525a. Dedicated contract carriage
``(a) Dedicated Contract Carrier Defined.--For purposes of this
section, `dedicated contract carrier' means a motor contract carrier
that provides in interstate commerce a service for one or more
shippers, except an individual shipping household goods containing the
following elements:
``(1) Assigning motor vehicles for a continuing period of
time for the exclusive use of a contracting shipper.
``(2) Assigning personnel to perform driving, loading
unloading and related services for the exclusive use of a
contracting shipper.
``(3) Assigning management personnel, with offices at the
contracting shipper's facility, to provide operations and
safety management services for the exclusive use of the
contracting shipper.
``(b) Preemption.--No State or political subdivision thereof, and
no agency or organization of 2 or more States, shall enact or enforce
any law, rule, regulation, standard, or other provision having the
force and effect of law relating to the interstate or intrastate rates,
routes, or services of any dedicated contract carrier having authority
under this subchapter.
``(c) Limitation.--Nothing in subsection (b) of this section shall
prohibit a State or political subdivision thereof, or agency or
organization of 2 or more States, from enacting or enforcing
requirements on dedicated contract carriers related to the safety of
operations and minimum amounts of financial responsibility.''.
(b) Conforming Amendment.--The analysis for such chapter 105 is
amended by inserting after the item relating to section 10525 the
following new item:
``10525a. Dedicated contract carriage.''. | Private Motor Carrier Equity Act - Prohibits a State, political subdivision, or agency or organization of two or more States (entities) from enacting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, or services: (1) of a corporate compensated carrier operating under the jurisdiction of the Interstate Commerce Commission (ICC); (2) involving transportation by a motor vehicle and driver leased by a lessee from a single source when the lessee is a motor private carrier in interstate commerce and certain conditions exist; and (3) of any transportation of property provided by motor vehicles leased, with or without drivers, from a motor private carrier, (operating in interstate commerce), to the extent that such law, rule, regulation, or standard is in addition to, or more stringent than, the requirements for such operations established by the ICC.
Prohibits such entities from enacting or enforcing any law, rule, regulation, or standard that subjects to certain requirements a private motor carrier (operating in interstate commerce) that seeks to obtain a motor common carrier certificate or a motor contract carrier permit to provide intrastate transportation of property, if such requirements are not applied to a transportation business seeking the same authority to operate as a motor common or motor contract carrier.
Prohibits such entities from enacting or enforcing requirements on dedicated contract carriers related to the safety of operations and minimum amounts of financial responsibility. | billsum_train |
Change the following text into a summary: SECTION 1. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.
(a) In General.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 (relating to alternative minimum tax imposed) is
amended by adding at the end the following new flush sentence:
``Except in the case of a corporation, no tax shall be imposed by this
section for any taxable year beginning after December 31, 2001, and the
tentative minimum tax of any taxpayer other than a corporation shall be
zero for purposes of this title.''.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) of the Internal
Revenue Code of 1986 is amended by adding ``and'' at the end of
clause (i), by striking ``, and'' at the end of clause (ii) and
inserting a period, and by striking clause (iii).
(2) Section 2(d) of such Code is amended by striking
``sections 1 and 55'' and inserting ``section 1''.
(3) Section 5(a) of such Code is amended by striking
paragraph (4).
(4) Subsection (c) of section 26 of such Code is amended by
inserting before the period ``; except that such amount shall
be treated as being zero in the case of a taxpayer other than a
corporation.''
(5) Paragraph (6) of section 29(b) of such Code is amended
to read as follows:
``(6) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and section 27. In the case
of a corporation, the limitation under the preceding sentence
shall be reduced (but not below zero) by the tentative minimum
tax for the taxable year.''.
(6) Paragraph (3) of section 30(b) of such Code is amended
to read as follows:
``(3) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27 and 29. In
the case of a corporation, the limitation under the preceding
sentence shall be reduced (but not below zero) by the tentative
minimum tax for the taxable year.''.
(7) Section 32 of such Code is amended by striking
subsection (h).
(8) Subsection (d) of section 53 of such Code is amended to
read as follows:
``(d) Definitions.--For purposes of this section--
``(1) Net minimum tax.--The term `net minimum tax' means
the tax imposed by section 55 increased by the amount of the
credit not allowed under section 29 (relating to credit for
producing fuel from a nonconventional source) solely by reason
of the application of the last sentence of section 29(b)(6), or
not allowed under section 30 solely by reason of the
application of the last sentence of section 30(b)(3).
``(2) Tentative minimum tax.--The term `tentative minimum
tax' has the meaning given to such term by section 55(b);
except that such tax shall be treated as being zero in the case
of a taxpayer other than a corporation.''.
(9)(A) Subsection (b) of section 55 of such Code (relating
to alternative minimum tax imposed) is amended to read as
follows:
``(b) Tentative Minimum Tax.--For purposes of this part--
``(1) Amount of tentative tax.--The tentative minimum tax
for the taxable year is--
``(A) 20 percent of so much of the alternative
minimum taxable income for the taxable year as exceeds
the exemption amount, reduced by
``(B) the alternative minimum tax foreign tax
credit for the taxable year.
``(2) Alternative minimum taxable income.--The term
`alternative minimum taxable income' means the taxable income
of the taxpayer for the taxable year--
``(A) determined with the adjustments provided in
section 56, and
``(B) increased by the amount of the items of tax
preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer
shall be subject to the tax imposed by this section (and, if
the regular tax is determined by reference to an amount other
than taxable income, such amount shall be treated as the
taxable income of such taxpayer for purposes of the preceding
sentence).''.
(B) Subsection (d) of section 55 of such Code is amended to
read as follows:
``(d) Exemption Amount.--For purposes of this section--
``(1) In general.--The term `exemption amount' means
$40,000.
``(2) Phase-out of exemption amount.--The exemption amount
of any taxpayer shall be reduced (but not below zero) by an
amount equal to 25 percent of the amount by which the
alternative minimum taxable income of the taxpayer exceeds
$150,000.''.
(10)(A) Paragraph (6) of section 56(a) of such Code is
amended to read as follows:
``(6) Adjusted basis.--The adjusted basis of any property
to which paragraph (1) or (5) applies (or with respect to which
there are any expenditures to which paragraph (2) applies)
shall be determined on the basis of the treatment prescribed in
paragraph (1), (2), or (5), whichever applies.''.
(B) Section 56 of such Code is amended by striking
subsection (b).
(C) Subsection (c) of section 56 of such Code is amended by
striking so much of the subsection as precedes paragraph (1),
by redesignating paragraphs (1), (2), and (3) as paragraphs
(8), (9), and (10), respectively, and moving them to the end of
subsection (a).
(D) Paragraph (8) of section 56(a) of such Code, as
redesignating by subparagraph (C), is amended by striking
``subsection (g)'' and inserting ``subsection (c)''.
(E) Section 56 of such Code is amended by striking
subsection (e) and by redesignating subsections (d) and (g) as
subsections (b) and (c), respectively.
(11)(A) Section 58 of such Code is repealed.
(B) Clause (i) of section 56(b)(2)(A) of such Code (as
redesignated by paragraph (10)(E), is amended by inserting ``,
in the case of taxable years beginning before January 1,
2002,'' before ``section 58''.
(C) Subsection (h) of section 59 of such Code is amended--
(i) by striking ``, 465, and 1366(d)'' and
inserting ``and 465'', and
(ii) by striking ``56, 57, and 58'' and inserting
``56 and 57''.
(12)(A) Subparagraph (C) of section 59(a)(1) of such Code
is amended by striking ``subparagraph (A)(i) or (B)(i) of
section 55(b)(1) (whichever applies)'' and inserting ``section
55(b)(1)(A)''.
(B) Paragraph (3) of section 59(a) of such Code is amended
to read as follows:
``(3) Pre-credit tentative minimum tax.--For purposes of
this subsection, the term `pre-credit tentative minimum tax'
means the amount determined under section 55(b)(1)(A).''.
(C) Section 59 of such Code is amended by striking
subsection (c).
(D) Section 59 of such Code is amended by striking
subsection (j).
(13) Paragraph (7) of section 382(l) of such Code is
amended by striking ``section 56(d)'' and inserting ``section
56(b)''.
(14) Paragraph (2) of section 641(c) of such Code is
amended by striking subparagraph (B) and by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(15) Subsections (b) and (c) of section 666 of such Code
are each amended by striking ``(other than the tax imposed by
section 55)''.
(16) Subsections (c)(5) and (d)(3)(B) of section 772 of
such Code are each amended by striking ``56, 57, and 58'' and
inserting ``56 and 57''.
(17) Sections 847 and 848(i) of such Code are each amended
by striking ``section 56(g)'' and inserting ``section 56(c)''.
(18) Sections 871(b)(1) and 877(b) of such Code are each
amended by striking ``or 55''.
(19) Subsection (a) of section 897 of such Code is amended
to read as follows:
``(a) General Rule.--For purposes of this title, gain or loss of a
nonresident alien individual or a foreign corporation from the
disposition of a United States real property interest shall be taken
into account--
``(1) in the case of a nonresident alien individual, under
section 871(b)(1), or
``(2) in the case of a foreign corporation, under section
882(a)(1),
as if the taxpayer were engaged in a trade or business within the
United States during the taxable year and as if such gain or loss were
effectively connected with such trade or business.''.
(20) Paragraph (1) of section 962(a) of such Code is
amended by striking ``sections 1 and 55'' and inserting
``section 1''.
(21) Paragraph (1) of section 1397E(c) of such Code is
amended to read as follows:
``(1) the regular tax liability (as defined in section
26(b), over''
(22) The last sentence of section 1563(a) of such Code is
amended by striking ``section 55(d)(3)'' and inserting
``section 55(d)(2)''.
(23) Subparagraph (B) of section 6015(d)(2) of such Code is
amended by striking ``or 55''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to repeal the alternative minimum tax on individuals. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Patient Choice Act
of 1998''.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
(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. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) Equity in Provision of Prescription Drug Coverage.--
``(1) In general.--If a group health plan or a health
insurance issuer offering group health insurance coverage
provides for prescription drug coverage only if such drugs are
furnished through providers who are members of a network of
providers who have entered into a contract with the plan or
issuer to provide such drugs, the issuer shall also offer to
enrollees the option of health insurance coverage which
provides for coverage of such drugs which are not furnished
through providers who are members of such network.
``(2) Premiums.--A group health plan or a health insurance
issuer offering group health insurance coverage may not charge
a higher premium, co-payment, or deductible for coverage of
drugs which are furnished through providers who are not members
of a network of providers who have entered into a contract with
the plan or issuer.
``(3) Cost sharing.--Under the option described in
paragraph (1), the health insurance coverage shall provide for
reimbursement rates for prescription coverage offered by
nonparticipating providers that are not less than the
reimbursement rates for prescription coverage offered by
participating pharmacies.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) 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.''.
(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. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) Equity in Provision of Prescription Drug Coverage.--
``(1) In general.--If a group health plan or a health
insurance issuer offering group health insurance coverage
provides for prescription drug coverage only if such drugs are
furnished through providers who are members of a network of
providers who have entered into a contract with the issuer to
provide such drugs, the issuer shall also offer to such
enrollees the option of health insurance coverage which
provides for coverage of such drugs which are not furnished
through providers who are members of such network.
``(2) Premiums.--A group health plan or a health insurance
issuer offering group health insurance coverage may not charge
a higher premium, co-payment, or deductible for coverage of
drugs which are furnished through providers who are not members
of a network of providers who have entered into a contract with
the plan or issuer.
``(3) Cost sharing.--Under the option described in
paragraph (1), the health insurance coverage shall provide for
reimbursement rates for prescription coverage offered by non
participating providers that are not less than the
reimbursement rates for prescription coverage offered by
participating pharmacies.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice Under Group Health Plan.--The imposition of the
requirements 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 requirements apply.''.
(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. Equity in provision of prescription drug coverage.''.
(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. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) In General.--The provisions of section 2706 (other than
subsection (c)) 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(c) 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.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2752''.
(c) Application to Medicare Managed Care Plans.--Subparagraph (B)
of section 1876(c)(4) of the Social Security Act (42 U.S.C.
1395mm(c)(4)) is amended to read as follows:
``(B) meets the requirements of section 2752 of the Public
Health Service Act with respect to individuals enrolled with
the organization under this section.''.
(d) Application to Medicaid Managed Care Plans.--Title XIX of such
Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1908
the following new section:
``equity in provision of prescription drug coverage
``Sec. 1909. (a) In General.--A State plan may not be approved
under this title, and Federal financial participation not available
under section 1903(a) with respect to such a plan, unless the plan
requires each health insurance issuer or other entity with a contract
with such plan to provide coverage or benefits to individuals eligible
for medical assistance under the plan to comply with the provisions of
section 2752 of the Public Health Service Act with respect to such
coverage or benefits.
``(b) Waivers Prohibited.--The requirement of subsection (a) may
not be waived under section 1115 or section 1915(b) of the Social
Security Act.''.
(e) Medigap and Medicare Select Policies.--Section 1882 of such Act
(42 U.S.C. 1395ss) is amended--
(1) in subsection (s)(2), by adding at the end the
following new subparagraph:
``(E) An issuer of a medicare supplemental policy (as defined in
section 1882(g)) shall comply with the requirements of section 2752 of
the Public Health Service Act with respect to benefits offered under
such policy.''; and
(2) in subsection (t)(1)--
(A) in subparagraph (B), by inserting ``subject to
subparagraph (G),'' after ``(B)'',
(B) by striking ``and'' at the end of subparagraph
(E),
(C) by striking the period at the end of
subparagraph (F) and inserting ``; and'', and
(D) by adding at the end the following new
subparagraph:
``(G) the issuer of the policy complies with the
requirements of section 2752 of the Public Health Service Act
with respect to enrollees under this subsection .''.
(f) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following the following new subsection:
``(o) A contract may not be made or a plan approved which excludes
does not comply with the requirements of section 2752 of the Public
Health Service Act.''.
(g) Effective Dates.--(1)(A) Subject to subparagraph (B), the
amendments made by subsection (a) shall apply with respect to group
health plans for plan years beginning on or after January 1, 1998.
(B) 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 that is ratified before the date of enactment
of this Act, the amendments made by subsection (a) shall not apply to
plan years beginning before the later of--
(i) 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
(ii) January 1, 1998.
For purposes of clause (i), 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.
(2) The amendments 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 January 1, 1998.
(3) The amendment made by subsection (c) shall apply to contracts
for contract periods beginning on or after January 1, 1998.
(4) The amendment made by subsection (d) shall apply to Federal
financial participation for State plan expenditures made on or after
January 1, 1998.
(5) The amendments made by subsection (e) shall apply with respect
to medicare supplemental policies and medicare select policies offered,
sold, issued, renewed, in effect, or operated on and after January 1,
1998.
(6) The amendment made by subsection (f) shall apply with respect
to contracts for periods beginning on and after January 1, 1998.
(h) 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, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''. | Prescription Drug Patient Choice Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan (and a health insurance issuer offering group coverage) that covers prescription drugs when the drugs are furnished through network providers to also offer the option of coverage of prescription drugs when furnished through non-network providers. Prohibits higher premiums, copayments, or deductibles or lower reimbursement for drugs through non-network providers.
Amends the Public Health Service Act to apply the above requirements to issuers in the individual market.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, State Medicaid plans, issuers of Medicare supplemental policies, and Medicare select policies to meet the requirements of this Act.
Amends Federal law relating to health benefits for Federal employees to require compliance with this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Pension Accessibility
Act of 1999''.
SEC. 2. REDUCED PBGC PREMIUM FOR NEW PLANS OF SMALL EMPLOYERS.
(a) In General.--Subparagraph (A) of section 4006(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(A)) is amended--
(1) in clause (i), by inserting ``other than a new single-
employer plan (as defined in subparagraph (F)) maintained by a
small employer (as so defined),'' after ``single-employer
plan,'',
(2) in clause (iii), by striking the period at the end and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iv) in the case of a new single-employer plan (as
defined in subparagraph (F)) maintained by a small employer (as
so defined) for the plan year, $5 for each individual who is a
participant in such plan during the plan year.''.
(b) Definition of New Single-Employer Plan.--Section 4006(a)(3) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)) is amended by adding at the end the following new
subparagraph:
``(F)(i) For purposes of this paragraph, a single-employer plan
maintained by a contributing sponsor shall be treated as a new single-
employer plan for each of its first 5 plan years if, during the 36-
month period ending on the date of the adoption of such plan, the
sponsor or any member of such sponsor's controlled group (or any
predecessor of either) had not established or maintained a plan to
which this title applies with respect to which benefits were accrued
for substantially the same employees as are in the new single-employer
plan.
``(ii)(I) For purposes of this paragraph, the term `small employer'
means an employer which on the first day of any plan year has, in
aggregation with all members of the controlled group of such employer,
100 or fewer employees.
``(II) In the case of a plan maintained by two or more contributing
sponsors that are not part of the same controlled group, the employees
of all contributing sponsors and controlled groups of such sponsors
shall be aggregated for purposes of determining whether any
contributing sponsor is a small employer.''.
(c) Effective Date.--The amendments made by this section shall
apply to plans established after December 31, 2000.
SEC. 3. REDUCTION OF ADDITIONAL PBGC PREMIUM FOR NEW AND SMALL PLANS.
(a) New Plans.--Subparagraph (E) of section 4006(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(E)) is amended by adding at the end the following new
clause:
``(v) In the case of a new defined benefit plan, the amount
determined under clause (ii) for any plan year shall be an amount equal
to the product of the amount determined under clause (ii) and the
applicable percentage. For purposes of this clause, the term
`applicable percentage' means--
``(I) 0 percent, for the first plan year.
``(II) 20 percent, for the second plan year.
``(III) 40 percent, for the third plan year.
``(IV) 60 percent, for the fourth plan year.
``(V) 80 percent, for the fifth plan year.
For purposes of this clause, a defined benefit plan (as defined in
section 3(35)) maintained by a contributing sponsor shall be treated as
a new defined benefit plan for its first 5 plan years if, during the
36-month period ending on the date of the adoption of the plan, the
sponsor and each member of any controlled group including the sponsor
(or any predecessor of either) did not establish or maintain a plan to
which this title applies with respect to which benefits were accrued
for substantially the same employees as are in the new plan.''.
(b) Small Plans.--Paragraph (3) of section 4006(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended--
(1) by striking ``The'' in subparagraph (E)(i) and
inserting ``Except as provided in subparagraph (G), the'', and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G)(i) In the case of an employer who has 25 or fewer employees
on the first day of the plan year, the additional premium determined
under subparagraph (E) for each participant shall not exceed $5
multiplied by the number of participants in the plan as of the close of
the preceding plan year.
``(ii) For purposes of clause (i), whether an employer has 25 or
fewer employees on the first day of the plan year is determined taking
into consideration all of the employees of all members of the
contributing sponsor's controlled group. In the case of a plan
maintained by two or more contributing sponsors, the employees of all
contributing sponsors and their controlled groups shall be aggregated
for purposes of determining whether 25-or-fewer-employees limitation
has been satisfied.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to plans established after December 31, 2000.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to plan years beginning after December 31, 2000. | Provides for reductions of additional PBGC premiums for new and small defined benefit plans. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``QI, TMA, and Abstinence Programs
Extension and Hurricane Katrina Unemployment Relief Act of 2005''.
TITLE I--HEALTH PROVISIONS
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``September 2005'' and inserting ``September 2007''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(D) for the period that begins on October 1, 2005, and
ends on December 31, 2005, the total allocation amount is
$100,000,000;
``(E) for the period that begins on January 1, 2006, and
ends on September 30, 2006, the total allocation amount is
$300,000,000;
``(F) for the period that begins on October 1, 2006, and
ends on December 31, 2006, the total allocation amount is
$100,000,000; and
``(G) for the period that begins on January 1, 2007, and
ends on September 30, 2007, the total allocation amount is
$300,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph (A),
by inserting ``, (D), or (F)'' after ``subparagraph (B)''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2005.
SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND
ABSTINENCE EDUCATION PROGRAM.
Effective as if enacted on September 30, 2005, activities
authorized by sections 510 and 1925 of the Social Security Act shall
continue through December 31, 2005, in the manner authorized for fiscal
year 2005, notwithstanding section 1902(e)(1)(A) of such Act, and out
of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be
necessary for such purpose. Grants and payments may be made pursuant to
this authority through the first quarter of fiscal year 2006 at the
level provided for such activities through the first quarter of fiscal
year 2005.
SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended--
(1) by striking the period at the end and inserting ``, as such
sections were in effect on the date of the enactment of this
part.''; and
(2) by adding at the end the following: ``Such term also does
not include a drug when used for the treatment of sexual or
erectile dysfunction, unless such drug were used to treat a
condition, other than sexual or erectile dysfunction, for which the
drug has been approved by the Food and Drug Administration.''.
(b) Construction.--Nothing in this section shall be construed as
preventing a prescription drug plan or an MA-PD plan from providing
coverage of drugs for the treatment of sexual or erectile dysfunction
as supplemental prescription drug coverage under section 1860D-
2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-
102(a)(2)(A)(ii)).
(c) Effective Dates.--The amendment made by subsection (a)(1) shall
take effect as if included in the enactment of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173) and the amendment made by subsection (a)(2) shall apply to
coverage for drugs dispensed on or after January 1, 2007.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1927(d)(2) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new
subparagraph:
``(K) Agents when used for the treatment of sexual or
erectile dysfunction, unless such agents are used to treat a
condition, other than sexual or erectile dysfunction, for which
the agents have been approved by the Food and Drug
Administration.''.
(b) Elimination of Federal Payment Under Medicaid Program.--Section
1903(i) of such Act (42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; or''; and
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) with respect to amounts expended for covered outpatient
drugs described in section 1927(d)(2)(K) (relating to drugs when
used for treatment of sexual or erectile dysfunction).''.
(c) Clarification of No Effect on Determination of Base
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.
1396v(c)(3)(B)(ii)(II)) is amended by inserting ``, including drugs
described in subparagraph (K) of section 1927(d)(2)'' after ``1860D-
2(e)''.
(d) Effective Date.--The amendments made by this section shall
apply to drugs dispensed on or after January 1, 2006.
TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT
SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.
Section 903 of the Social Security Act (42 U.S.C. 1103) is amended
by adding at the end the following:
``(e) Special Transfer in Fiscal Year 2006.--Not later than 10 days
after the date of the enactment of this subsection, the Secretary of
the Treasury shall transfer from the Federal unemployment account--
``(1) $15,000,000 to the account of Alabama in the Unemployment
Trust Fund;
``(2) $400,000,000 to the account of Louisiana in the
Unemployment Trust Fund; and
``(3) $85,000,000 to the account of Mississippi in the
Unemployment Trust Fund.''.
SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO
ADDRESS HURRICANE KATRINA.
Notwithstanding any provision of section 302(a) or 303(a)(8) of the
Social Security Act, any State may, on or after August 28, 2005, use
any amounts received by such State pursuant to title III of the Social
Security Act to assist in the administration of claims for compensation
on behalf of any other State if a major disaster was declared with
respect to such other State or any area within such other State under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act by
reason of Hurricane Katrina.
SEC. 203. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this title and any amendment made by
this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since the House agreed to Senate amendment with amendments on October 19, 2005. The summary of that version is repeated here.)
QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005 - Title I: Health Provisions - Amends XIX (Medicaid) of the Social Security Act to extend from September 2005 through September 2007 the qualified individual program (under which medical assistance is available for Medicare cost-sharing for individuals who would be qualified Medicare beneficiaries but for the fact that their income exceeds the state-established income level, and is between 120% and 135% of the official poverty line). Prescribes additional allocations for such program for the extended period.
Extends through December 31, 2005, Transitional Medical Assistance (TMA) and the separate program for abstinence education.
Eliminates Medicare and Medicaid coverage under titles XVIII and XIX of the Social Security Act of drugs used for the treatment of sexual or erectile dysfunction, beginning in 2007.
Title II: Assistance Relating to Unemployment - Amends title IX of the Social Security Act to direct the Secretary to transfer from the federal unemployment account: (1) $15 million to the account of Alabama in the Unemployment Trust Fund; (2) $400 million to the account of Louisiana in the Unemployment Trust Fund; and (3) $85 million to the account of Mississippi in the Unemployment Trust Fund.
Authorizes any state to use any amounts received by such state pursuant to title III of the Social Security Act to assist in the administration of claims for compensation on behalf of any other state, if a major disaster was declared with respect to such other state or any area within it, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, by reason of Hurricane Katrina. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oilheat Research Alliance
Reauthorization Act of 2011''.
SEC. 2. AMENDMENTS.
(a) Findings.--Section 702 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking ``oilheat'' each place it appears and inserting
``oilheat fuel''.
(b) Definitions.--Section 703 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ``oilheat'' each place it appears (other
than paragraph (10)) and inserting ``oilheat fuel'';
(2) in paragraph (2), by inserting ``, including
information on energy conservation strategies, safety, new
technologies that reduce consumption or improve safety, and
State, local, or Federal programs designed to assist oilheat
fuel consumers'' after ``hot water heating fuels'';
(3) by striking paragraph (7) and inserting the following:
``(7) Oilheat fuel.--The term `oilheat fuel' means fuel
that--
``(A) is--
``(i) No. 1 distillate;
``(ii) No. 2 dyed distillate;
``(iii) a liquid blended with No. 1
distillate or No. 2 dyed distillate; or
``(iv) a biobased liquid; and
``(B) is used as a fuel for nonindustrial
commercial or residential space or hot water
heating.'';
(4) in the heading for paragraph (8), by striking
``Oilheat'' and inserting ``Oilheat fuel'';
(5) in paragraph (14)--
(A) by striking ``No. 1 distillate or No. 2 dyed
distillate'' each place it appears and inserting
``oilheat fuel''; and
(B) in subparagraph (B), by striking ``sells the
distillate'' and inserting ``sells the oilheat fuel'';
and
(6) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (14), respectively, and moving paragraph (15) (as so
redesignated) to appear after paragraph (14).
(c) Referenda.--Section 704 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ``oilheat'' each place it appears and
inserting ``oilheat fuel'';
(2) by striking ``No. 1 distillate and No. 2 dyed
distillate'' each place it appears in subsections (a) and (c)
and inserting ``oilheat fuel'';
(3) in subsection (a)--
(A) in paragraph (5)(B), by striking ``Except as
provided in subsection (b), the'' and inserting
``The''; and
(B) in paragraph (6), by striking ``, No. 1
distillate, or No. 2 dyed distillate'';
(4) in subsection (b), by striking ``under'' and inserting
``consistent with''; and
(5) in the heading for subsection (d), by striking
``Oilheat'' and inserting ``Oilheat Fuel''.
(d) Membership.--Section 705 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ``oilheat'' each place it appears and
inserting ``oilheat fuel'';
(2) in subsection (b)(2), by striking ``No. 1 distillate
and No. 2 dyed distillate'' and inserting ``oilheat fuel''; and
(3) by striking subsection (c) and inserting the following:
``(c) Number of Members.--
``(1) In general.--The membership of the Alliance shall be
as follows:
``(A) One member representing each State
participating in the Alliance.
``(B) Five representatives of retail marketers, of
whom 1 shall be selected by each of the qualified State
associations of the 5 States with the highest volume of
annual oilheat fuel sales.
``(C) Five additional representatives of retail
marketers.
``(D) Twenty-one representatives of wholesale
distributors.
``(E) Six public members, who shall be
representatives of significant users of oilheat fuel,
the oilheat fuel research community, State energy
officials, or other groups with expertise in oilheat
fuel.
``(2) Full-time owners or employees.--
``(A) In general.--Except as provided in
subparagraph (B), other than the public members of the
Alliance, Alliance members shall be full-time
managerial owners or employees of members of the
oilheat fuel industry.
``(B) Employees.--Members described in
subparagraphs (B), (C), and (D) of paragraph (1) may be
employees of the qualified industry organization or an
industry trade association.''.
(e) Functions.--Section 706 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ``oilheat'' each place it appears and
inserting ``oilheat fuel'';
(2) in subsection (a)(1)(A)(ii), by inserting ``, including
providing the cost of installing appliances in low-income
households'' after ``utilization equipment'';
(3) in subsection (a), by adding at the end the following
new paragraph:
``(4) Training and research and development as a
priority.--Of the assessments collected by the Association
pursuant to section 707, not less than 40 percent shall be
devoted to a category of outlays comprised of training projects
and research, development, and demonstration projects, with a
priority on research, development, and demonstration projects
that would enhance efficiency through the use of biobased
liquids. Training and research under this paragraph shall
include the development and demonstration of advanced
biofuels.'';
(4) in the heading for subsection (c)(2), by striking
``oilheat'' and inserting ``oilheat fuel'';
(5) by redesignating paragraph (4) of subsection (e) as
paragraph (5);
(6) by inserting after subsection (e)(3) the following new
paragraph:
``(4) Response to recommendations.--If the Secretary makes
recommendations under paragraph (3), the Alliance shall, before
implementation of the budget with respect to which the
recommendations pertain, provide to the Secretary and the
Congress a report describing the Alliance's response to the
recommendations.'';
(7) by amending subsection (f)(2)(C) to read as follows:
``(C) Procedures to ensure compliance.--The
Alliance shall contract with a qualified accounting
firm to develop procedures to ensure compliance with
the Act. The Alliance shall contract on a yearly basis
with a qualified accounting firm to evaluate whether
such procedures have been followed. Such evaluation
shall be included in the annual report required under
subsection (h) and shall be furnished to Congress and
to the Secretary of Energy.''; and
(8) in subsection (h)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) provides a detailed account of the amounts spent by
each qualified State association that received funds pursuant
to subsection (e) on training, research, development, and
demonstration, safety, and consumer education.''.
(f) Assessments.--Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ``oilheat'' each place it appears and
inserting ``oilheat fuel'';
(2) by striking subsection (a) and inserting the following:
``(a) Rate.--
``(1) In general.--The assessment rate for calendar years
2012 and 2013 shall be equal to \2/10\ of 1 cent per gallon of
oilheat fuel.
``(2) Subsequent assessments.--Subject to paragraphs (3)
and (4), beginning with calendar year 2014, the annual
assessment rate shall be sufficient to cover the costs of the
plans and programs developed by the Alliance.
``(3) Limitations on increase.--
``(A) In general.--The annual assessment shall not
exceed \1/2\ of 1 cent per gallon of oilheat fuel.
``(B) Limitation.--The annual assessment may not
change by more than \1/10\ of 1 cent per gallon of
oilheat fuel in any 12 month-period.
``(C) Approval.--No increase in the assessment may
occur unless--
``(i) the increase is approved by \3/4\ of
the members voting at a regularly scheduled
meeting of the Alliance; and
``(ii) at least 90 days before the date of
the meeting of the Alliance, the Alliance
provides notice of the proposed increase to the
Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and
Commerce of the House of Representatives.
``(D) Notice.--The Alliance shall provide notice of
a change in assessment at least 90 days before the date
on which the change is to take effect.'';
(3) in subsections (b)(1) and (c), by striking ``No. 1
distillate and No. 2 dyed distillate'' each place it appears
and inserting ``oilheat fuel'';
(4) in subsection (b)--
(A) by striking ``No. 1 distillate or No. 2 dyed
distillate'' each place it appears and inserting
``oilheat fuel''; and
(B) in paragraphs (2)(B) and (5)(B), by striking
``fuel'' each place it appears and inserting ``oilheat
fuel'';
(5) in the heading for subsection (c), by striking
``Oilheat'' and inserting ``Oilheat Fuel''; and
(6) in subsection (e)(2)(A)(ii)(III), by striking
``directly benefit'' and all that follows through ``industry''
and inserting ``consumers of oilheat fuel''.
(g) Market Survey and Consumer Protection.--Section 708 of the
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is repealed.
(h) Lobbying Prohibition.--Section 710 of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended to read as follows:
``SEC. 710. LOBBYING PROHIBITION.
``No funds derived from assessments under section 707 collected by
the Alliance shall be used directly or indirectly to influence Federal,
State, or local legislation or elections, or the manner of execution of
legislation, except that the Alliance may use such funds to provide
information requested by a Member of Congress, or an official of any
Federal, State, or local agency, in the course of the official business
of such Member or official.''.
(i) Violations.--Section 712(a) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) in paragraph (2), by striking ``oilheat'' and inserting
``oilheat fuel''; and
(2) by striking paragraph (3) and inserting the following:
``(3) a direct reference to a competing product.''.
(j) Extension.--Section 713 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking ``9 years after the date on which the Alliance is
established'' and inserting ``7 years after the date of enactment of
the National Oilheat Research Alliance Reauthorization Act of 2011''.
SEC. 3. RENEWABLE FUEL CONTENT.
(a) Renewable Fuel Research.--Section 706(a)(3)(B)(i)(I) of the
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by inserting ``, including research to
develop renewable fuels and to examine the compatibility of different
renewable fuels with oilheat fuel utilization equipment, with priority
given to research on the development and use of advanced biofuels''
after ``utilization equipment''.
(b) Report.--The National Oilheat Research Alliance shall prepare a
report no later than one year after date of enactment of this Act on
the use of biofuels in oilheat fuel utilization equipment. This report
shall provide information on the environmental benefits, economic
benefits, and any technical limitations on the use of biofuels in
oilheat fuel utilization equipment. It shall also describe market
acceptance of the fuel, and information on State and local governments
that are encouraging the use of these fuels in oilheat fuel utilization
equipment. The Alliance shall provide this report to the Governor of
each State, and other appropriate State leaders, where the Alliance is
operating. Additionally, a copy of this report will be furnished to the
Administrator of the Environmental Protection Agency and to the
Congress.
(c) Consumer Education Materials.--The Alliance shall develop
consumer education materials in conjunction with an institution or
organization engaged in biofuels research describing the benefits of
using biofuels as or in oilheat fuel based on the technical information
developed pursuant to subsection (b), as well as other information
generally available. | National Oilheat Research Alliance Reauthorization Act of 2011 - Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel, a distillate liquid or a biobased liquid used as a fuel for nonindustrial commercial or residential space or hot water heating.
Revises the membership of the National Oilheat Research Alliance.
Expands the functions of the Alliance to include: (1) providing the cost of installing appliances in low-income households; and (2) prioritizing research, development, and demonstration projects that enhance efficiency through the use of biobased liquids and advanced biofuels.
Requires the Alliance to: (1) contract with a qualified accounting firm to develop procedures to ensure statutory compliance; and (2) include in its annual report a detailed account of the amounts spent by each qualified state association that received funds on training, research, development, and demonstration, safety, and consumer education.
Revises assessment requirements. States that the assessment rate for calendar years 2012 and 2013 shall be equal to two-tenths of 1% per gallon of oilheat fuel (currently, No. 1 distillate and No. 2 dyed distillate).
Requires the annual assessment rate, beginning with calendar year 2014, to be sufficient to cover the costs of the plans and programs developed by the Alliance.
Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase. Prohibits any increase in the assessment rate unless the Alliance has, by a specified deadline, notified certain congressional committees.
Prohibits: (1) the Alliance from providing funds in response to a request from state, local, or regional programs unless it determines that the funds will be used to benefit consumers of oilheat fuel (instead of the oilheat industry); (2) certain lobbying activities; and (3) any consumer education activity from including a direct reference to a competing product if it is funded from Alliance assessments.
Requires Alliance research activities to: (1) include development of renewable fuels, and (2) examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, giving priority to advanced biofuels research.
Requires the Alliance to: (1) report to state leaders, the Administrator of the Environmental Protection Agency (EPA) and to Congress on the use of biofuels in oilheat fuel utilization equipment; and (2) develop consumer education materials describing the benefits of using biofuels as, or in, oilheat fuel. | billsum_train |
Make a summary of the following text: SECTION 1. AUTHORIZATION.
Subject to section 2 and in accordance with the provisions of this
Act, the Secretary of the Interior is authorized and directed to
execute and implement the ``Contract Among the United States Bureau of
Reclamation, the California Department of Water Resources, and the
South Delta Water Agency'' dated August 28, 1990 (hereafter in this Act
referred to as the ``contract'').
SEC. 2. IMPLEMENTATION OF THE CONTRACT.
(a) Conditions.--The Secretary of the Interior (hereafter in this
Act referred to as the ``Secretary'') may not implement the
construction of permanent barriers pursuant to the contract until after
the following:
(1) Environmental studies.--A final environmental impact
statement and environmental impact report is prepared pursuant
to the provisions of the National Environmental Policy Act of
1969 and the California Environmental Quality Act and is
certified by the appropriate lead agencies, and, if necessary,
the permanent barriers are modified or the contract amended to
address issues identified as part of the environmental review
process.
(2) Testing program.--Notwithstanding any other provision
of the contract, the testing program called for in the contract
is continued for a period determined by the Secretary to be
sufficient to establish, from analysis of the testing data,
that the South Delta barrier facilities are likely to have the
desired water level, circulation, and quality results
anticipated at the time the contract was negotiated.
(b) Applicable Laws; Monitoring Program.--Construction, operation,
and maintenance of the temporary South Delta barrier facilities
associated with the testing program referred to in subsection (a)(2)
shall be in accordance with all applicable laws and regulations. The
Secretary shall develop an environmental monitoring program with the
assistance of and in coordination with the California Department of
Fish and Game, the California Department of Water Resources, the United
States Fish and Wildlife Service, and the National Marine Fisheries
Service, which shall be in place during construction, operation, and
maintenance of the temporary barrier facilities.
(c) Interim Flows.--The interim water flows provided for in the
contract shall not limit any existing or future obligation of the
Secretary to provide additional instream flow releases from New Melones
Reservoir for fish and wildlife purposes or other environmental
purposes. This subsection does not create any new or additional
authority that is or may otherwise be provided under applicable law. To
the extent possible, water flows provided under the contract and for
fishery purposes shall be released on a schedule which maximizes the
efficiency of use of water allocated for water quality and fishery
benefits and shall be made in coordination with the California
Department of Fish and Game.
(d) Compatibility With Old River Barrier.--The Secretary shall
determine whether the barrier at the head of the Old River in the
Sacramento/San Joaquin Delta, authorized in section 3406(b)(15) of the
Central Valley Project Improvement Act (106 Stat. 4719), can be
constructed and operated in a manner compatible with the South Delta
barriers called for in the contract and whether the barrier facilities
in the contract are likely to have the desired water level,
circulation, and quality results anticipated at the time the contract
was negotiated.
(e) Contract Amendments.--
(1) Required by environmental analysis.--If necessary, the
contract shall be amended to incorporate the changes required
by the results from the environmental and other studies and
testing referred to in this section. Any such amendment shall
not increase the payment obligations of the South Delta Water
Agency.
(2) San joaquin river water quantity and quality.--In
negotiating the contract amendment in accordance with Article
4.b. of the contract, the Secretary shall consider--
(A) the activities and recommendations of other
programs for the improvement of flows and reduction of
salinity and toxic trace element discharges and
concentrations in the San Joaquin River Basin for fish
and wildlife and other purposes and for the attainment
of all applicable water quality standards, including
nondegradation requirements; and
(B) recommendations contained in the final report
of the San Joaquin Valley Drainage Program dated
September 1990.
(3) Minimized alteration of activities and
recommendations.--The Secretary shall attempt to minimize any
necessary alteration required by the contract amendment of the
activities and recommendations referred to in paragraph (2).
SEC. 3. COSTS.
(a) Allocation.--
(1) In general.--Except as provided by subsection (b), the
costs of implementing the contract authorized by section 1
shall be allocated among the United States, the California
Department of Water Resources, and the South Delta Water Agency
in accordance with the provisions of Article 6 of the contract.
(2) Limitation on expenditures by united states.--In no
event shall expenditures made by the United States for
construction exceed 50 percent of the actual construction costs
incurred pursuant to Article 6 of the contract.
(3) Effect of availability of certain funds.--In the event
that funds become available from the California State General
Fund, from related water development mitigation agreements, or
as the result of legislation enacted providing for (A)
reimbursement of the incremental costs of the facilities
attributable to changes in design or construction for the
benefit of fisheries or navigation, or (B) the mitigation of
impacts caused by other upstream water users or waste
dischargers, such funds shall be applied to the overall cost of
implementing the contract, thereby evenly reducing the shares
paid by the United States and the California Department of
Water Resources.
(4) Operation and monitoring costs.--The costs incurred by
the United States for operation and maintenance, including
monitoring, shall not exceed 50 percent of the actual operation
and maintenance costs.
(5) Allocation of united states costs.--The costs incurred
by the United States for construction and for operation and
maintenance shall be allocated by the Secretary among the
reimbursable and nonreimbursable purposes of the Central Valley
Project for purposes of repayment in accordance with the
Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388),
and Acts supplementary thereto and amendatory thereof).
(6) Payments by south delta water agency.--Any payment to
the United States made by the South Delta Water Agency pursuant
to Article 6.f. of the contract shall be used for the further
implementation of the contract.
(b) Costs Associated With Barrier at Head of Old River.--
Notwithstanding subsection (a), the costs associated with the barrier
at the head of Old River shall be consistent with section 3406(b)(15)
of the Central Valley Project Improvement Act (106 Stat. 4719).
(c) Treatment of Costs Incurred.--The costs incurred with respect
to items covered by the contract, both before and after the date of
execution of the contract, including interest, shall be included in the
total for the purposes of determining the share of the United States of
construction, operation, and maintenance costs.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Environmental, Testing, and Construction.--There is authorized
to be appropriated--
(1) $30,000,000 for the share of the costs of the United
States pursuant to Article 6 of the contract, including
environmental, testing, construction, and repayment of the
share of the United States of past costs incurred by the State
of California in developing the program set forth in the
contract; and
(2) such sums as may be necessary for operation and
maintenance.
(b) Contract Amendment.--There is authorized to be appropriated
such funds as are necessary to negotiate an amendment to the contract
in accordance with Article 4.b. of the contract. Nothing in this Act
provides authorization for implementation of any amendment negotiated
pursuant to Article 4.b. of the contract that is not otherwise
authorized.
(c) Availability.--Appropriations pursuant to this Act are
authorized to remain available until expended without any fiscal year
limitation but appropriations for construction of permanent barriers
may not be expended until the conditions set forth in section 2(a) are
completed. | Directs the Secretary of the Interior to implement a contract for the design, construction, operation, and maintenance of facilities in the South Delta, California. Provides implementation conditions, including requirements regarding: (1) environmental studies; (2) a Delta barrier facilities testing and monitoring program; (3) interim water flow; and (4) compatibility with the nearby Old River barrier. Sets forth conditions for cost sharing under such contract among the United States, the California Department of Water Resources, and the South Delta Water Agency.
Authorizes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Invest Act of 2011''.
SEC. 2. TEMPORARY DIVIDENDS RECEIVED DEDUCTION ALLOWED FOR 2011 OR
2012.
(a) Election.--Subsection (f) of section 965 of the Internal
Revenue Code of 1986 (relating to election) is amended to read as
follows:
``(f) Election.--The taxpayer may elect to apply this section to--
``(1) the taxpayer's last taxable year which begins before
the date of the enactment of this subsection, or
``(2) the taxpayer's first taxable year which begins during
the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or before
the due date (including extensions) for filing the return of tax for
such taxable year.''.
(b) Limitation.--Paragraph (1) of section 965(b) of such Code is
amended to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all controlled
foreign corporations of the United States shareholder.''.
(c) Failure To Maintain Employment Levels.--Paragraph (4) of
section 965(b) of such Code (relating to limitations) is amended to
read as follows:
``(4) Reduction in benefits for failure to maintain
employment levels.--
``(A) In general.--If, during the period consisting
of the calendar month in which the taxpayer first
receives a distribution described in subsection (a)(1)
and the succeeding 23 calendar months, the taxpayer
does not maintain an average employment level at least
equal to the taxpayer's prior average employment, an
additional amount equal to $25,000 multiplied by the
number of employees by which the taxpayer's average
employment level during such period falls below the
prior average employment (but not exceeding the
aggregate amount allowed as a deduction pursuant to
subsection (a)(1)) shall be taken into income by the
taxpayer during the taxable year that includes the
final day of such period.
``(B) Average employment level.--For purposes of
this paragraph, the taxpayer's average employment level
for a period shall be the average number of full-time
United States employees of the taxpayer, measured at
the end of each month during the period.
``(C) Prior average employment.--For purposes of
this paragraph, the taxpayer's `prior average
employment' shall be the average number of full-time
United States employees of the taxpayer during the
period consisting of the 24 calendar months immediately
preceding the calendar month in which the taxpayer
first receives a distribution described in subsection
(a)(1).
``(D) Full-time united states employee.--For
purposes of this paragraph--
``(i) In general.--The term `full-time
United States employee' means an individual who
provides services in the United States as a
full-time employee, based on the employer's
standards and practices; except that regardless
of the employer's classification of the
employee, an employee whose normal schedule is
40 hours or more per week is considered a full-
time employee.
``(ii) Exception for changes in ownership
of trades or businesses.--Such term does not
include--
``(I) any individual who was an
employee, on the date of acquisition,
of any trade or business acquired by
the taxpayer during the 24-month period
referred to in subparagraph (A); and
``(II) any individual who was an
employee of any trade or business
disposed of by the taxpayer during the
24-month period referred to in
subparagraph (A) or the 24-month period
referred to in subparagraph (C).
``(E) Aggregation rules.--In determining the
taxpayer's average employment level and prior average
employment, all domestic members of a controlled group
shall be treated as a single taxpayer.''.
(d) Threshold Period.--Section 965 of such Code is amended by
striking ``June 30, 2003'' each place it occurs and inserting ``June
30, 2010''.
(e) Base Period.--Paragraph (2) of subsection 965(c) of such Code
is amended by inserting at the end of subparagraph (A) the following
flush sentence: ``For purposes of this paragraph, taxable years shall
not include any year for which an election under section 965 was in
effect.''.
(f) Indebtedness Determination Date.--Subparagraph (B) of section
965(b)(3) of such Code is amended by striking ``October 3, 2004'' and
inserting ``January 19, 2011''.
(g) Conforming Amendments.--
(1) Subsection 965(c) of such Code, as amended by
subsection (e), is amended by striking paragraph (1) and
redesignating paragraphs (2), (3), (4), and (5) as paragraphs
(1), (2), (3), and (4), respectively.
(2) Paragraph 965(c)(4) of such Code, as redesignated by
paragraph (1), is amended to read as follows:
``(4) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a consolidated
return under section 1501 shall be treated as one United States
shareholder.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after the date of the enactment of
this Act. | Freedom to Invest Act of 2011 - Amends the Internal Revenue Code to: (1) extend the election allowed to a U.S. corporation to deduct dividends received from a controlled foreign corporation to the corporation's last taxable year beginning before the enactment of this Act or the first taxable year beginning during the one-year period beginning on such enactment date, and (2) reduce the amount of such tax deduction for corporations that fail to maintain specified employment levels for full-time U.S. employees. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Puerto Rico
Democracy Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Federally sanctioned process for Puerto Rico's self-
determination, including initial plebiscite
and subsequent procedures.
Sec. 4. Applicable laws and other requirements.
Sec. 5. Availability of funds for the self-determination process.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On November 30, 1992, President George H.W. Bush issued
a Memorandum to Heads of Executive Departments and Agencies
recognizing that ``As long as Puerto Rico is a territory . . .
the will of its people regarding their political status should
be ascertained periodically by means of a general right of
referendum . . .''.
(2) Consistent with this policy, on December 23, 2000,
President William J. Clinton issued Executive Order 13183,
establishing the President's Task Force on Puerto Rico's Status
for purposes that included identifying the options for the
territory's future political status ``. . . that are not
incompatible with the Constitution and basic laws and policies
of the United States . . .'', as well as the process for
realizing such options.
(3) President George W. Bush adopted Executive Order 13183
and, on December 3, 2003, amended it to require that the
President's Task Force on Puerto Rico's Status issue a report
``. . . no less frequently than once every 2 years, on progress
made in the determination of Puerto Rico's ultimate status.''.
(4) On December 22, 2005, the Task Force appointed by
President George W. Bush issued a report recommending that:
(A) The Congress provide within a year for a
federally sanctioned plebiscite in which the people of
Puerto Rico would be asked to vote on whether they wish
to remain a United States territory or pursue a
constitutionally viable path toward a permanent
nonterritorial status.
(B) If the people of Puerto Rico elect to pursue a
permanent nonterritorial status, Congress should
provide for a subsequent plebiscite allowing the people
of Puerto Rico to choose between one of the two
permanent nonterritorial status options. Once a
majority of the people has selected one of the two
options, Congress is encouraged to begin a process of
transition toward that option.
(C) If the people of Puerto Rico elect to remain as
a United States territory, further plebiscites should
occur periodically, as long as a territorial status
continues, to keep Congress informed of the people's
wishes.
SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
DETERMINATION, INCLUDING INITIAL PLEBISCITE AND
SUBSEQUENT PROCEDURES.
(a) First Plebiscite Under This Act.--The Puerto Rico State
Elections Commission shall conduct a plebiscite in Puerto Rico during
the 110th Congress, but not later than December 31, 2007. The ballot
shall provide for voters to choose only between the following two
options:
(1) Puerto Rico should continue the existing form of
territorial status as defined by the Constitution, basic laws,
and policies of the United States. If you agree, mark here____.
(2) Puerto Rico should pursue a path toward a
constitutionally viable permanent nonterritorial status. If you
agree, mark here ______.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(b) Procedure If Majority in First Plebiscite Favors Continued
Territorial Status.--If a majority vote in a plebiscite held under
subsection (a) favors the continuation of the existing territorial
status, the Puerto Rico State Elections Commission shall conduct
additional plebiscites under subsection (a) at intervals of every 8
years from the date that the results of the prior plebiscite are
certified unless a majority of votes in the prior plebiscite favors
pursuing a permanent nonterritorial status.
(c) Procedure If Majority in First Plebiscite Favors Permanent
Nonterritorial Status.--If a majority vote in any plebiscite held under
subsection (a) favors permanent nonterritorial status, the Puerto Rico
State Elections Commission shall conduct a plebiscite under this
subsection. The ballot on the plebiscite under this subsection shall
provide for a vote to choose only between the following two options:
(1) Statehood: Puerto Rico should be admitted as a State of
the Union, on equal footing with the other States. If you
agree, mark here____.
(2) Sovereign nation: Puerto Rico should become a sovereign
nation, either fully independent from or in free association
with the United States under an international agreement that
preserves the right of each nation to terminate the
association. If you agree, mark here___.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(d) Period for Holding Plebiscite.--If a majority vote in the first
plebiscite under subsection (a) favors permanent nonterritorial status,
the plebiscite under subsection (c) shall be held during the 111th
Congress, but no later than December 31, 2009. If a majority vote in a
plebiscite referred to in subsection (b) favors permanent
nonterritorial status, the plebiscite under subsection (c) shall be
held not later than 2 years after the certification of the majority
vote in such plebiscite under subsection (b).
SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS.
(a) Applicable Laws.--All Federal laws applicable to the election
of the Resident Commissioner of Puerto Rico shall, as appropriate and
consistent with this Act, also apply to any plebiscite held pursuant to
this Act. Any reference in such Federal laws to elections shall be
considered, as appropriate, to be a reference to the plebiscites,
unless it would frustrate the purposes of this Act.
(b) Federal Court Jurisdiction.--The Federal courts of the United
States shall have exclusive jurisdiction over any legal claims or
controversies arising from the implementation of this Act.
(c) Rules and Regulations.--The Puerto Rico State Elections
Commission shall issue all rules and regulations necessary to carry out
the plebiscites under this Act.
(d) Eligibility.--Each of the following shall be eligible to vote
in any plebiscite held under this Act:
(1) All eligible voters under the electoral laws in effect
in Puerto Rico at the time the plebiscite is held.
(2) All United States citizens born in Puerto Rico who
comply, to the satisfaction of the Puerto Rico State Elections
Commission, with all Puerto Rico State Elections Commission
requirements (other than the residency requirement) applicable
to eligibility to vote in a general election.
Persons eligible to vote under this subsection shall, upon request
submitted to the Puerto Rico State Elections Commission prior to the
plebiscite concerned, be entitled to receive an absentee ballot for
such plebiscite.
(e) Certification of Plebiscite Results.--The Puerto Rico State
Elections Commission shall certify the results of each plebiscite held
under this Act to the President of the United States and the Senate and
House of Representatives of the United States.
(f) Report After Second Plebiscite.--No later than 6 months after
the plebiscite provided for in section 3(c), the President's Task Force
on Puerto Rico's Status shall submit a report to the Congress, prepared
in consultation with the Governor, the Resident Commissioner, the
President of the Senate of Puerto Rico, and the Speaker of the House of
Representatives of Puerto Rico, detailing measures that may be taken to
implement the permanent nonterritorial status option chosen in the
plebiscite together with such recommendations as the Task Force may
deem appropriate.
SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS.
During the period beginning October 1, 2006, and ending on the date
the President determines that all the plebiscites required by this Act
have been held, the Secretary of the Treasury may allocate, from the
funds provided to the Government of Puerto Rico under section 7652(e)
of the Internal Revenue Code, not more than $5,000,000 to the State
Elections Commission of Puerto Rico to be used for expenses of carrying
out each plebiscite carried out under this Act, including for voter
education materials certified by the President's Task Force on Puerto
Rico's Status as not being incompatible with the Constitution and basic
laws and policies of the United States. Such amounts may be as
identified by the President's Task Force on Puerto Rico's Status as
necessary for such purposes. | Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress, giving voters the option to vote for continued U.S. territorial status or for a path toward a constitutionally viable permanent nonterritorial status. Provides for subsequent procedures, depending on ballot results.
Authorizes the Secretary of the Treasury to allocate certain funds for the self-determination process. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Innovation and Growing
the Internet of Things Act'' or ``DIGIT Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Internet of Things refers to the growing number of
connected and interconnected devices;
(2) estimates indicate that more than 50,000,000,000
devices will be connected to the Internet by the year 2020;
(3) the Internet of Things has the potential to generate
trillions of dollars in new economic activity around the world;
(4) businesses across the United States can develop new
services and products, improve operations, simplify logistics,
cut costs, and pass savings on to consumers by utilizing the
Internet of Things and related innovations;
(5) the United States leads the world in the development of
technologies that support the Internet and the United States
technology sector is well-positioned to lead in the development
of technologies for the Internet of Things;
(6) the United States Government can implement this
technology to better deliver services to the public; and
(7) the United States Senate unanimously passed Senate
Resolution 110, 114th Congress, agreed to March 24, 2015,
calling for a national strategy for the development of the
Internet of Things.
(b) Sense of Congress.--It is the sense of Congress that policies
governing the Internet of Things should maximize the potential and
development of the Internet of Things to benefit all stakeholders,
including businesses, governments, and consumers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(4) Steering committee.--The term ``steering committee''
means the steering committee established under section 4(e)(1).
(5) Working group.--The term ``working group'' means the
working group convened under section 4(a).
SEC. 4. FEDERAL WORKING GROUP.
(a) In General.--The Secretary shall convene a working group of
Federal stakeholders for the purpose of providing recommendations and a
report to Congress related to the aspects of the Internet of Things
described in subsection (b).
(b) Duties.--The working group shall--
(1) identify any Federal regulations, statutes, grant
practices, budgetary or jurisdictional challenges, and other
sector-specific policies that are inhibiting or could inhibit
the development of the Internet of Things;
(2) consider policies or programs that encourage and
improve coordination among Federal agencies with jurisdiction
over the Internet of Things;
(3) consider any findings or recommendations made by the
steering committee and, where appropriate, act to implement
those recommendations; and
(4) examine--
(A) how Federal agencies can benefit from utilizing
the Internet of Things;
(B) the use of Internet of Things technology by
Federal agencies as of the date the working group
performs the examination;
(C) the preparedness and ability of Federal
agencies to adopt Internet of Things technology in the
future; and
(D) any additional security measures that Federal
agencies may need to take to--
(i) safely and securely use the Internet of
Things; and
(ii) enhance the resiliency of Federal
systems against cyber threats to the Internet
of Things.
(c) Agency Representatives.--In convening the working group under
subsection (a), the Secretary shall have discretion to appoint
representatives and shall specifically consider seeking representation
from--
(1) the Department of Commerce, including--
(A) the National Telecommunications and Information
Administration;
(B) the National Institute of Standards and
Technology; and
(C) the National Oceanic and Atmospheric
Administration;
(2) the Department of Transportation;
(3) the Department of Homeland Security;
(4) the Office of Management and Budget;
(5) the National Science Foundation;
(6) the Commission;
(7) the Federal Trade Commission;
(8) the Office of Science and Technology Policy; and
(9) the Department of Energy.
(d) Nongovernmental Stakeholders.--The working group shall consult
with nongovernmental stakeholders, including--
(1) the steering committee;
(2) information and communications technology
manufacturers, suppliers, service providers, and vendors;
(3) subject matter experts representing industrial sectors
other than the technology sector that can benefit from the
Internet of Things, including the agriculture and health care
sectors;
(4) small, medium, and large businesses;
(5) think tanks and academia;
(6) nonprofits and consumer groups;
(7) rural stakeholders; and
(8) other stakeholders with relevant expertise, as
determined by the Secretary.
(e) Steering Committee.--
(1) Establishment.--There is established within the
Department of Commerce a steering committee to advise the
working group.
(2) Duties.--The steering committee shall advise the
working group with regard to--
(A) the identification of any Federal regulations,
statutes, grant practices, programs, budgetary or
jurisdictional challenges, and other sector-specific
policies that are inhibiting or could inhibit the
development of the Internet of Things;
(B) whether adequate spectrum is available to
support the growing Internet of Things and what legal
or regulatory barriers may exist to providing any
spectrum needed in the future;
(C) policies or programs that--
(i) promote or are related to the privacy
of individuals who use or are affected by the
Internet of Things;
(ii) may enhance the security of the
Internet of Things;
(iii) may protect users of the Internet of
Things; and
(iv) may encourage coordination among
Federal agencies with jurisdiction over the
Internet of Things;
(D) the opportunities and challenges associated
with the use of Internet of Things technology by small
businesses; and
(E) any international proceeding, international
negotiation, or other international matter affecting
the Internet of Things to which the United States is or
should be a party.
(3) Membership.--The Secretary shall appoint to the
steering committee members representing a wide range of
stakeholders outside of the Federal Government with expertise
relating to the Internet of Things, including--
(A) information and communications technology
manufacturers, suppliers, service providers, and
vendors;
(B) subject matter experts representing industrial
sectors other than the technology sector that can
benefit from the Internet of Things, including the
agriculture and health care sectors;
(C) small, medium, and large businesses;
(D) think tanks and academia;
(E) nonprofit organizations and consumer groups;
(F) rural stakeholders; and
(G) other stakeholders with relevant expertise, as
determined by the Secretary.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the steering committee shall submit to
the working group a report that includes any findings or
recommendations of the steering committee.
(5) Independent advice.--
(A) In general.--The steering committee shall set
the agenda of the steering committee in carrying out
the duties of the steering committee under paragraph
(2).
(B) Suggestions.--The working group may suggest
topics or items for the steering committee to study,
and the steering committee shall take such suggestions
into consideration in carrying out the duties of the
steering committee.
(C) Report.--The steering committee shall ensure
that the report submitted under paragraph (4) is the
result of the independent judgment of the steering
committee.
(6) Termination.--The steering committee shall terminate on
the date on which the working group submits the report under
subsection (f) unless, on or before that date, the Secretary
files a new charter for the steering committee under section
9(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
(f) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to the
appropriate committees of Congress a report that includes--
(A) the findings and recommendations of the working
group with respect to the duties of the working group
under subsection (b);
(B) the report submitted by the steering committee
under subsection (e)(4), as the report was received by
the working group;
(C) recommendations for action or reasons for
inaction, as applicable, on each recommendation made by
the steering committee in the report submitted under
subsection (e)(4); and
(D) an accounting of any progress made by Federal
agencies to implement recommendations made by the
working group or the steering committee.
(2) Copy of report.--Any committee of Congress, upon
request, may obtain a copy of the report submitted under
paragraph (1).
SEC. 5. ASSESSING SPECTRUM NEEDS.
(a) In General.--The Commission, in consultation with the National
Telecommunications and Information Administration, shall issue a notice
of inquiry seeking public comment on the current, as of the date of
enactment of this Act, and future spectrum needs of the Internet of
Things.
(b) Requirements.--In issuing the notice of inquiry under
subsection (a), the Commission shall seek comments that consider and
evaluate--
(1) whether adequate spectrum is available to support the
growing Internet of Things;
(2) what regulatory barriers may exist to providing any
needed spectrum for the Internet of Things; and
(3) what the role of licensed and unlicensed spectrum is
and will be in the growth of the Internet of Things.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress a report summarizing the comments submitted in response to the
notice of inquiry issued under subsection (a). | Developing Innovation and Growing the Internet of Things Act or the DIGIT Act This bill requires the Department of Commerce to convene a working group of federal stakeholders to provide recommendations and a report to Congress regarding the growing number of connected and interconnected devices known as the Internet of Things (IoT). The bill establishes a steering committee to be composed of stakeholders outside the federal government to advise the working group. The Federal Communications Commission must: (1) seek public comment on the IoT's spectrum needs, regulatory barriers, and growth with licensed and unlicensed spectrum; and (2) submit a summary of those comments to Congress. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arafat Accountability Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestine Liberation Organization (PLO), under the
leadership of Chairman Yasser Arafat, has failed to abide by
its promises, enumerated in the Oslo Accords, to commit itself
to ``a peaceful resolution of the conflict between the two
sides'', that ``all outstanding issues relating to permanent
status will be resolved through negotiations'', and that the
PLO ``renounces the use of terrorism and other acts of violence
and will assume responsibility over all PLO elements and
personnel in order to assure their compliance, prevent
violence, and discipline violators''.
(2) Yasser Arafat failed to exercise his authority and
responsibility to maintain law and order in the West Bank and
Gaza, which has resulted in ongoing acts of terrorism against
Israeli and American civilians in the State of Israel.
(3) Yasser Arafat has failed, through words and deeds, to
offer credible security guarantees to the Palestinian and
Israeli peoples, and has once again violated his commitment to
peace through the recent purchase of 50 tons of offensive
weaponry from Iran.
(4) Yasser Arafat and the forces directly under his control
are responsible for the murder of hundreds of innocent Israelis
and the wounding of thousands more since October 2000.
(5) Yasser Arafat has been directly implicated in funding
and supporting terrorists who have claimed responsibility for
homicide bombings in Israel.
(6) Under the present circumstances, Yasser Arafat's
failure to adequately respond to end the homicide bombings
further complicates the prospects for a resolution of the
conflict in that region.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States continue to urge an immediate and
unconditional cessation of all terrorist activities and the
commencement of a cease-fire;
(2) the Palestine Liberation Organization and the
Palestinian Authority immediately surrender to Israel for
detention and prosecution those Palestinian extremists wanted
by the Government of Israel for assassination of Israeli
Minister of Tourism Rehavam Zeevi;
(3) PLO Chairman Yasser Arafat and the Palestine Liberation
Organization take immediate and concrete action to--
(A) publicly condemn all acts of terrorism,
including and especially homicide bombings, which
murdered over 125 Israeli men, women, and children
during the month of March alone, and the injury of
hundreds more;
(B) confiscate and destroy the infrastructures of
terrorism, including weapons, bomb factories, and other
offensive materials;
(C) end all financial support for terrorism; and
(D) urge all Arab nations and individuals to
immediately cease funding for terrorist operations and
payments to the families of terrorists; and
(4) the Congress supports the President's efforts, in
conjunction with Israel, the Arab states, and the international
community, to develop a comprehensive peace in the region, and
encourages continued efforts by all parties.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) Denial of Visas.--
(1) Prohibition.--The Secretary of State shall not issue a
visa to, and the Attorney General shall not admit to the United
States any member of the Palestine Liberation Organization or
any official from the Palestinian Authority.
(2) Waiver.--The President may, on a case-by-case basis,
waive paragraph (1) based on national security considerations.
(b) Downgrading of PLO Representation in the United States.--The
Secretary of State shall undertake such measures as may be necessary to
prohibit the operation of a Palestine Liberation Organization or
Palestinian Authority office in the United States from carrying out any
function other than those carried out by the Palestinian information
office in existence in the United States prior to the Oslo Accords.
(c) Travel Restriction on the Senior PLO Representative at the
United Nations.--The Secretary of State shall impose the same travel
restrictions on the senior official of the Permanent Observer Mission
of Palestine at the United Nations as those imposed on officials with
the Permanent Mission of the Islamic Republic of Iran to the United
Nations.
(d) Seizure of Assets of the PLO and the PA and PLO Chairman Yasser
Arafat.--The Secretary of State, in cooperation with the Attorney
General, shall identify and seize the assets of the Palestine
Liberation Organization and the Palestinian Authority in the United
States, and the personal assets in the United States of PLO Chairman
Yasser Arafat.
SEC. 5. REPORT ON PLO TERRORIST ACTIVITIES.
(a) Within 30 days after the date of enactment of this Act, and
every 90 days thereafter, the President shall submit a report to the
appropriate congressional committees detailing acts of terrorism, if
any, committed by the Palestine Liberation Organization or any of its
constituent elements.
(b) The report shall include a determination on whether acts of
terrorism warrant the designation of the PLO or any of its constituent
elements as terrorist organizations, and if so, the President shall so
designate the PLO or any of its constituent elements as terrorist
organizations.
(c) The President may waive the requirements of this section based
on national security considerations.
SEC. 6. DURATION OF SANCTIONS.
The sanctions imposed under this Act shall remain in effect until
such time as the President determines and reports to the appropriate
congressional committees that the conditions that warrant these
sanctions no longer exist.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives. | Arafat Accountability Act - Expresses the support of Congress for the President's efforts to achieve comprehensive peace in the State of Israel.Expresses the sense of Congress that: (1) the United States should urge an immediate and unconditional cessation of all terrorist activities and the commencement of a cease-fire between Israel and the Palestinians; (2) the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) should immediately surrender to Israel for detention and prosecution those Palestinian extremists wanted by Israel for the assassination of Israeli Minister of Tourism Rehavam Zeevi; and (3) Yasser Arafat and the PLO must take immediate and concrete action to publicly condemn all acts of terrorism, confiscate and destroy the infrastructures of terrorism, and end (and urge all Arab nations to end) financial support for terrorism.Prohibits the Secretary of State (Secretary) and the Attorney General, respectively, from issuing a visa or admitting to the United States any member of the PLO or official of the PA. Permits the President to waive this prohibition in the national security interest of the United States.Directs the Secretary to prohibit the operation of a PLO or PA office in the United States from carrying out any function other than those carried out prior to the Oslo Accords. Requires the Secretary to impose travel restrictions on the senior official of the Permanent Observer Mission of Palestine.Requires the Secretary and the Attorney General to identify and freeze United States assets of the PLO, the PA, and Yasser Arafat.Requires the President to report to specified congressional committees on PLO terrorist activities. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Airport Terminal Act of
2010''.
SEC. 2. SCREENING LOCATION AND STERILE AREA DEFINED.
In this Act, the terms ``screening location'' and ``sterile area''
have the meanings given those terms in section 1540.5 of title 49, Code
of Federal Regulations (or any corresponding similar rule or
regulation).
SEC. 3. INCREASED USE OF SECURITY CAMERAS AT AIRPORTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
prescribe regulations that--
(1) require the use of security cameras at all screening
locations and all locations where passengers exit the sterile
area at airports in the United States;
(2) set forth requirements for the use, maintenance, and
testing of security cameras and other technological devices
used for security at airports in the United States; and
(3) specify that employees of the Transportation Security
Administration have access to all security cameras and
technological devices described in paragraph (2) and data or
recordings from such cameras and devices that relate to airport
security, including standards for--
(A) the timing of such access;
(B) the accessibility of copies and acceptable
formats for such data or recordings;
(C) the period for which such data or recordings
must be maintained; and
(D) the permissible uses of such data or
recordings.
(b) Interim Regulations.--The Secretary of Homeland Security may
issue interim final rules under subsection (a) without regard to the
provisions of chapter 5 of title 5, United States Code.
SEC. 4. IMPROVED MONITORING OF EXITS FROM STERILE AREAS IN AIRPORTS.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the committees
specified in subsection (b) a report that--
(1) makes recommendations for improving the security of
each location at an airport where passengers exit the sterile
area; and
(2) assesses--
(A) differences in configurations of such
locations; and
(B) options for improving security at such
locations, such as increasing personnel assigned to
such locations and the use of technology to improve
security.
(b) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Homeland Security of the House of
Representatives.
(c) Regulations.--The Secretary of Homeland Security may prescribe
regulations, including interim final rules implemented without regard
to the provisions of chapter 5 of title 5, United States Code,
requiring standards for security at each location at an airport where
passengers exit the sterile area.
SEC. 5. INCREASED PENALTIES FOR CIRCUMVENTING SECURITY SCREENING.
(a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title 49, United
States Code, is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49, United
States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than 10
years, or both.''.
(c) Notice of Penalties.--
(1) In general.--Each operator of an airport in the United
States that is required to establish an air transportation
security program pursuant to section 44903(c) of title 49,
United States Code, shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed under
sections 46301(a)(5)(A)(i) and 46314(b) of title 49, United
States Code, as amended by this section, are displayed near all
screening locations, all locations where passengers exit the
sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
(2) Effect of signs on penalties.--An individual shall be
subject to a penalty imposed under section 46301(a)(5)(A)(i) or
46314(b) of title 49, United States Code, as amended by this
section, without regard to whether signs are displayed at an
airport as required by paragraph (1). | Secure Airport Terminal Act of 2010 - Directs the Secretary of Homeland Security (DHS) to prescribe regulations that: (1) require the use of security cameras at all screening locations and all locations where passengers exit the sterile area at airports in the United States; (2) prescribe requirements for the use, maintenance, and testing of such security cameras and other technological devices; and (3) specify that employees of the Transportation Security Administration (TSA) have access to all such security cameras and technological devices as well as data or recordings from them relating to airport security.
(Under aviation security regulations: (1) "screening location" means each site at which individuals or property are inspected for the presence of weapons, explosives, or incendiaries; and (2) "sterile area" means a portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator or a foreign air carrier, through the screening of persons and property.)
Directs the DHS Assistant Secretary (TSA) to report to specified congressional committees: (1) recommendations for improving the security of each location at an airport where passengers exit the sterile area; and (2) an assessment of differences in location configurations and options for improving security at such locations.
Prescribes a civil penalty of up to $10,000 for individuals who enter an aircraft or an airport area in violation of security requirements. Increases the criminal penalty of maximum imprisonment for such violations from one year to 10 years.
Directs each U.S. airport operator that is required to establish an air transportation security program to ensure that signs meeting DHS requirements for providing notice of such penalties are displayed near all screening locations, all locations where passengers exit the sterile area, and other appropriate airport locations. Subjects an individual to such penalties, however, without regard to whether signs are displayed as required by this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Small Business Investment and
Promotion Act of 2006''.
SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES,
FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS.
(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 inserting after section 45M the following new
section:
``SEC. 45N. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND
FISHERMEN TO OFFSET HIGH FUEL COSTS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
the excessive fuel cost credit determined under this section is an
amount equal to the excessive fuel cost paid or incurred by the
taxpayer during the taxable year for any creditable fuel used in any
trade or business of the taxpayer.
``(b) Excessive Fuel Cost.--For purposes of this section--
``(1) In general.--The term `excessive fuel cost' means,
with respect to any creditable fuel, the excess (if any) of--
``(A) the amount paid or incurred by the taxpayer
for such fuel, over
``(B) the adjusted base price for such fuel.
``(2) Adjusted base price.--
``(A) In general.--The term `adjusted base price'
means, with respect to any creditable fuel, the amount
determined by the Secretary to be the applicable Labor
Day 2004 price for such fuel adjusted for inflation.
``(B) Applicable price.--The applicable Labor Day
2004 price for any fuel is the average price for such
fuel for the region in which the taxpayer purchased
such fuel (as determined using data of the Energy
Information Agency of the Department of Energy).
``(C) Inflation adjustment.--The inflation
adjustment shall be determined under the principles of
section 1(f); except that, the Secretary shall use
estimates of the monthly Consumer Price Index (as
defined in such section) where possible to more closely
reflect current inflation.
``(c) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
person engaged in a trade or business if--
``(A) such trade or business is--
``(i) a farming business (as defined by
section 263A(e)(4), or
``(ii) commercial fishing (as defined in
section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802)), or
``(B) such person is a small business.
``(2) Small business.--The term `small business' means a
trade or business that employs an annual average of not more
than 50 employees.
``(3) Creditable fuel.--The term `creditable fuel' means--
``(A) gasoline,
``(B) diesel fuel,
``(C) heating oil, and
``(D) natural gas.
``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer
may elect, in lieu of the credit under this section, a standard mileage
allowance under section 162 equal to 60 cents for each mile traveled
during the period described in subsection (e). The Secretary shall
modify the standard mileage rate under the preceding sentence to the
extent that 60 cents does not accurately reflect that value of the
credit under this section.
``(e) Application of Section.--This section shall apply to fuels
purchased during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (25), by striking the period at the end of paragraph (26)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(27) in the case of an eligible taxpayer (as defined in
section 45N(c)), the excessive fuel cost credit determined
under section 45N(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:
``Sec. 45N. Temporary credit for small businesses, farmers, and
fishermen to offset high fuel costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. TREATMENT OF QUALIFIED RESTAURANT PROPERTY, QUALIFIED RETAIL
IMPROVEMENT PROPERTY, AND CERTAIN SYSTEMS INSTALLED IN
NONRESIDENTIAL BUILDINGS AS 15-YEAR PROPERTY FOR PURPOSES
OF DEPRECIATION DEDUCTION.
(a) Qualified Restaurant Property.--Clause (v) of section
168(e)(3)(E) of the Internal Revenue Code of 1986 (defining 15-year
property) is amended by striking ``placed in service before January 1,
2006''.
(b) Qualified Retail Improvement Property and Certain Systems
Installed in Nonresidential Buildings.--
(1) 15-year recovery period.--Subparagraph (E) of section
168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-
year property) is amended by striking ``and'' at the end of
clause (vii), by striking the period at the end of clause
(viii) and inserting a comma, and by adding at the end the
following new clauses:
``(ix) any qualified retail improvement
property, and
``(x) any property--
``(I) which is part of a heating,
ventilation, air conditioning, or
commercial refrigeration system,
``(II) which is installed on or in
a building which is nonresidential real
property, and
``(III) the original use of which
commences with the taxpayer.''.
(2) Definition.--Section 168(e) of such Code (relating to
classification of property) is amended by adding at the end the
following new paragraph:
``(8) Qualified retail improvement property.--
``(A) In general.--The term `qualified retail
improvement property' means any improvement to an
interior portion of a building which is nonresidential
real property if--
``(i) such portion is open to the general
public,
``(ii) such portion is used by a trade or
business that sells tangible personal property
or services to the general public,
``(iii) such trade or business employs an
annual average of not more than 50 employees,
and
``(iv) such improvement is placed in
service more than 3 years after the date the
building was first placed in service.
``(B) Certain improvements not included.--Such term
shall not include any improvement for which the
expenditure is attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator, or
``(iii) the internal structural framework
of the building.''.
(3) Requirement to use straight line method.--Paragraph (3)
of section 168(b) of such Code (relating to applicable
depreciation method) is amended by adding at the end the
following new subparagraphs:
``(I) Qualified retail improvement property
described in subsection (e)(8).
``(J) Property described in subsection
(e)(3)(E)(x).''.
(4) Alternative system.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for certain
property assigned to classes) is amended by inserting after the
item relating to subparagraph (E)(viii) the following new
items:
``(E)(ix).................................................. 39
(E)(x)..................................................... 25''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. AUTHORIZATIONS.
(a) Advanced Technology Program.--There are authorized to be
appropriated to the Secretary of Commerce for the Advanced Technology
Program under section 28 of the National Institute of Standards and
Technology Act (15 U.S.C. 278n) $140,000,000 for fiscal year 2007 and
$145,000,000 for fiscal year 2008.
(b) SCORE.--There are authorized to be appropriated for the Service
Corps of Retired Executives (SCORE) under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B) $7,500,000 for fiscal year
2007 and $8,000,000 for fiscal year 2008.
(c) Small Business Development Centers.--There are authorized to be
appropriated for small business development centers under section 21 of
the Small Business Act (15 U.S.C. 648) $137,500,000 fiscal year 2007
and $140,000,000 for fiscal year 2008.
(d) Manufacturing Extension Partnership.--There are authorized to
be appropriated to the Secretary of Commerce for the Manufacturing
Extension Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l)
$115,000,000 for fiscal year 2007 and $120,000,000 for fiscal year
2008.
(e) Women's Business Centers.--There are authorized to be
appropriated for the Women's Business Center Program under section 29
of the Small Business Act (15 U.S.C. 656) $15,000,000 for fiscal year
2007 and $15,500,000 for fiscal year 2008.
SEC. 6. SENSE OF CONGRESS ON FUNDING FOR SMALL BUSINESS PROGRAMS.
(a) Funding for 7(a) Loan Program.--It is the sense of Congress
that Congress should appropriate $79,000,000 for offsetting the cost of
borrowers participating in the loan program under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(b) Funding for Other Programs.--It is the sense of Congress that
Congress should appropriate funds for the Advanced Technology Program,
the Service Corps of Retired Executives, the Small Business Development
Centers, the Manufacturing Extension Partnership, and the Women's
Business Center Program at the levels authorized under section 4 of
this Act.
SEC. 7. MARKET-BASED ADJUSTMENT IN ANNUAL H-1B AND H-2B NONIMMIGRANT
NUMERICAL LIMITATIONS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)'';
(B) in subparagraph (A)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) in clause (vii), by striking
``succeeding fiscal year; or'' and inserting
``of fiscal years 2004, 2005, and 2006; and'';
and
(iii) by inserting after clause (vii) the
following new clause:
``(viii) 85,000 in each fiscal year beginning with
fiscal year 2007, except as provided in paragraph (12);
or''.
(C) by striking subparagraph (B) and inserting the
following subparagraph:
``(B) under section 101(a)(15)(H)(ii)(b) may not exceed--
``(i) 66,000 in each fiscal year before fiscal year
2007; and
``(ii) 85,000 in each fiscal year beginning with
fiscal year 2007, subject to paragraph (10) and except
as provided in paragraph (12)(D).'';
(2) in paragraph (10)--
(A) by striking ``limitations of paragraph (1)(B)
shall be allocated for a fiscal year so that the total
number of aliens subject to such numerical limits'' and
inserting ``limitation of paragraph (1)(B) shall be
allocated to the greatest extent practicable for a
fiscal year so that the total number of aliens subject
to such numerical limit''; and
(B) by striking ``33,000'' and inserting ``50
percent of the number determined under such
paragraph''; and
(3) by adding at the end the following new paragraph:
``(12)(A) If, as of a date before September 30 of a fiscal year
(beginning with fiscal year 2007), the total number of aliens who have
been issued visas or have otherwise been provided nonimmigrant status
under subparagraph (A) of paragraph (1) reaches the adjusted numerical
limitation (as defined in subparagraph (C)) for the fiscal year, the
numerical limitation under such subparagraph for the remainder of the
fiscal year and the numerical limitation under such subparagraph for
the subsequent fiscal year shall be adjusted as follows: If the date
the adjusted numerical limitation was reached is in--
``(i) the first quarter of such fiscal year, the
numerical limitation for the fiscal year shall be
increased by 20 percent of the adjusted numerical
limitation of the fiscal year and the numerical
limitation for the subsequent fiscal year shall be
equal to 120 percent of the adjusted numerical
limitation for the fiscal year before such subsequent
fiscal year;
``(ii) the second quarter of such fiscal year, the
numerical limitation for the fiscal year shall be
increased by 15 percent of the adjusted numerical
limitation of the fiscal year and the numerical
limitation for the subsequent fiscal year shall be
equal to 115 percent of the adjusted numerical
limitation for the fiscal year before such subsequent
fiscal year; or
``(iii) the third or fourth quarter of such fiscal
year, the numerical limitation for the fiscal year
shall be increased by 10 percent of the adjusted
numerical limitation of the fiscal year and the
numerical limitation for the subsequent fiscal year
shall be equal to 110 percent of the adjusted numerical
limitation for the fiscal year before such subsequent
fiscal year.
``(B) If, as of September 30 of each fiscal year (beginning with
fiscal year 2008), the total number of aliens who have been issued
visas or have otherwise been provided nonimmigrant status under
subparagraph (A) of paragraph (1) is less than the adjusted numerical
limitation for the fiscal year, and if such shortfall is not due solely
to administrative causes, including processing delays or delays in
promulgating regulations, the numerical limitation under such
subparagraph for the subsequent fiscal year shall be equal to 90
percent of the adjusted numerical limitation for the fiscal year before
such subsequent fiscal year.
``(C) For purposes of this paragraph, the term `adjusted numerical
limitation' means, with respect to a fiscal year, the numerical
limitation specified in paragraph (1)(A) for the fiscal year as
adjusted under subparagraphs (A) and (B) as of October 1 of the fiscal
year.
``(D) The provisions of subparagraphs (A) through (C) shall apply
with respect to subparagraph (B) of paragraph (1) for a fiscal year in
the same manner as they apply to subparagraph (A) of such paragraph for
such fiscal year.''.
SEC. 8. SMALL BUSINESS CONTRACTING GOAL.
(a) Application to Contracts Performed Overseas.--Section 15(g)(1)
of the Small Business Act (15 U.S.C.) is amended in the second sentence
by inserting ``(including awards for contracts performed outside the
United States)'' after ``all prime contract awards''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal years beginning after September 30, 2006. | Small Business Investment and Promotion Act of 2006 - Amends the Internal Revenue Code to: (1) provide to small business owners and operators of farming or commercial fishing businesses a temporary credit for excessive fuel costs paid or incurred in the operation of such business; (2) make permanent the credit for increasing research activities; and (3) treat as 15-year property for purposes of the depreciation deduction qualified restaurant property, qualified retail improvement property, and certain systems installed in nonresidential buildings.
Authorizes appropriations for FY2007-FY2008 for: (1) the Advanced Technology Program; (2) the Service Corps of Retired Executives (SCORE); (3) small business development centers; (4) the Manufacturing Extension Partnership program; and (5) the Women's Business Centers program.
Expresses the sense of Congress calling for appropriate funding for the above programs and the Small Business Act's 7(a) loan program.
Amends the Immigration and Nationality Act to provide market-based adjustments in annual H-1B and H-2B nonimmigrant numerical limitations.
Amends the Small Business Act to include awards for contracts performed outside the United States within the federal government's small business contracting goal. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf War Veterans' Iraqi Claims
Protection Act of 1999''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) Claims Against Iraq.--The United States Commission is
authorized to receive and determine the validity and amounts of any
claims by nationals of the United States against the Government of
Iraq. Such claims must be submitted to the United States Commission
within the period specified by such Commission by notice published in
the Federal Register. The United States Commission shall certify to
each claimant the amount determined by the Commission to be payable on
the claim under this Act.
(b) Decision Rules.--In deciding claims under subsection (a), the
United States Commission shall apply, in the following order--
(1) applicable substantive law, including international
law; and
(2) applicable principles of justice and equity.
(c) Priority Claims.--Before deciding any other claim against the
Government of Iraq, the United States Commission shall, to the extent
practical, decide all pending non-commercial claims of active, retired,
or reserve members of the United States Armed Forces, retired former
members of the United States Armed Forces, and other individuals
arising out of Iraq's invasion and occupation of Kuwait or out of the
1987 attack on the USS Stark.
(d) Applicability of International Claims Settlement Act.--To the
extent they are not inconsistent with the provisions of this Act, the
provisions of title I (other than section 2(c)) and title VII of the
International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and
1645-1645o) shall apply with respect to claims under this Act.
SEC. 3. CLAIMS FUNDS.
(a) Iraq Claims Fund.--The Secretary of the Treasury is authorized
to establish in the Treasury of the United States a fund (hereafter in
this Act referred to as the ``Iraq Claims Fund'') for payment of claims
certified under section 2(a). The Secretary of the Treasury shall cover
into the Iraq Claims Fund such amounts as are allocated to such fund
pursuant to subsection (b).
(b) Allocation of Proceeds From Iraqi Asset Liquidation.--
(1) In general.--The President shall allocate funds
resulting from the liquidation of assets pursuant to section 4
in the manner the President determines appropriate between the
Iraq Claims Fund and such other accounts as are appropriate for
the payment of claims of the United States Government against
Iraq, subject to the limitation in paragraph (2).
(2) Limitation.--The amount allocated pursuant to this
subsection for payment of claims of the United States
Government against Iraq may not exceed the amount which bears
the same relation to the amount allocated to the Iraq Claims
Fund pursuant to this subsection as the sum of all certified
claims of the United States Government against Iraq bears to
the sum of all claims certified under section 2(a). As used in
this paragraph, the term ``certified claims of the United
States Government against Iraq'' means those claims of the
United States Government against Iraq which are determined by
the Secretary of State to be outside the jurisdiction of the
United Nations Commission and which are determined to be valid,
and whose amount has been certified, under such procedures as
the President may establish.
SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as much of the
assets of the Government of Iraq in the United States that have been
blocked pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) as may be necessary to satisfy claims under
section 2(a), claims of the United States Government against Iraq which
are determined by the Secretary of State to be outside the jurisdiction
of the United Nations Commission, and administrative expenses under
section 5.
SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES.
(a) Deduction.--In order to reimburse the United States Government
for its expenses in administering this Act, the Secretary of the
Treasury shall deduct 1.5 percent of any amount covered into the Iraq
Claims Fund to satisfy claims under this Act.
(b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted
pursuant to subsection (a) shall be deposited in the Treasury of the
United States as miscellaneous receipts.
SEC. 6. PAYMENTS.
(a) In General.--The United States Commission shall certify to the
Secretary of the Treasury each award made pursuant to section 2. The
Secretary of the Treasury shall make payment, out of the Iraq Claims
Fund, in the following order of priority to the extent funds are
available in such fund:
(1) Payment of $10,000 or the principal amount of the
award, whichever is less.
(2) For each claim that has priority under section 2(c),
payment of an additional $90,000 toward the unpaid balance of
the principal amount of the award.
(3) Payments from time to time in ratable proportions on
account of the unpaid balance of the principal amounts of all
awards according to the proportions which the unpaid balance of
such awards bear to the total amount in the Iraq Claims Fund
that is available for distribution at the time such payments
are made.
(4) After payment has been made of the principal amounts of
all such awards, pro rata payments on account of accrued
interest on such awards as bear interest.
(b) Unsatisfied Claims.--Payment of any award made pursuant to this
Act shall not extinguish any unsatisfied claim, or be construed to have
divested any claimant, or the United States on his or her behalf, of
any rights against the Government of Iraq with respect to any
unsatisfied claim.
SEC. 7. AUTHORITY TO TRANSFER RECORDS.
The head of any Executive agency may transfer or otherwise make
available to the United States Commission such records and documents
relating to claims authorized to be determined under this Act as may be
required by the United States Commission in carrying out its functions
under this Act.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.
(a) Statute of Limitations.--Any demand or claim for payment on
account of an award that is certified under this Act shall be barred on
and after the date that is one year after the date of publication of
the notice required by subsection (b).
(b) Publication of Notice.--
(1) In general.--At the end of the 9-year period specified
in paragraph (2), the Secretary of the Treasury shall publish a
notice in the Federal Register detailing the statute of
limitations provided for in subsection (a) and identifying the
claim numbers of, and the names of the claimants holding,
unpaid certified claims.
(2) Publication date.--The notice required by paragraph (1)
shall be published 9 years after the last date on which the
Secretary of the Treasury covers into the Iraq Claims Fund
amounts allocated to that fund pursuant to section 3(b).
(c) Disposition of Unused Funds.--
(1) Disposition.--At the end of the 2-year period beginning
on the publication date of the notice required by subsection
(b), the Secretary of the Treasury shall dispose of all unused
funds described in paragraph (2) by depositing in the Treasury
of the United States as miscellaneous receipts any such funds
that are not used for payments of certified claims under this
Act.
(2) Unused funds.--The unused funds referred to in
paragraph (1) are any remaining balance in the Iraq Claims
Fund.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(2) Government of iraq.--The term ``Government of Iraq''
includes agencies, instrumentalities, and entities controlled
by that government (including public sector enterprises).
(3) United nations commission.--The term ``United Nations
Commission'' means the United Nations Compensation Commission
established pursuant to United Nations Security Council
Resolution 687 (1991).
(4) United states commission.--The term ``United States
Commission'' means the Foreign Claims Settlement Commission of
the United States. | Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims.
Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grant Accessibility and Transparency
Enhancement Act of 2010''.
SEC. 2. NATIONAL COMMISSION ON EARMARK REFORM.
(a) Establishment.--The President shall establish a commission to
be known as the ``National Commission on Earmark Reform'' (in this
section referred to as the ``Commission''.
(b) Duties of Commission.--The duties of the Commission are--
(1) to study the laws and practices related to replacing
earmarks with a full grant-making process; and
(2) to develop a proposed plan that includes objectives,
priorities, policies, and long-term plans to transition from
congressional member-directed earmarks to a grant-making
process.
(c) Membership.--The Commission shall be composed of--
(1) the Director of the Office of Management and Budget,
who shall be the chairman of the Commission; and
(2) such other members as the President may appoint, after
consultation with the majority and minority leadership of the
Senate and the House of Representatives.
(d) Expert Grant Award Panels.--In carrying out its duties, the
Commission shall propose legislative or regulatory changes to implement
a grant-making application and review process modeled after the
Assistance to Firefighters Grant Program of the Federal Emergency
Management Agency, under which a panel of subject area experts
(including representatives of the Federal agency with appropriate
jurisdiction) receives, reviews, and awards grant funding on a merit-
based system. At a minimum, the Commission shall propose changes that
establish rules for--
(1) the review and reporting of grant applications and
awards;
(2) hardship exemptions from specific reporting or
application requirements; and
(3) recommended changes in law to support the
implementation of expert grant award panels.
(e) Consolidation and Streamlining of Grants Management
Structure.--In carrying out its duties, the Commission shall propose
legislative or regulatory changes to implement a specific governance
structure for all grant functions, including grants management, within
the Federal Government. At a minimum, the Commission shall propose
changes for ensuring that the activities at Grants.gov and the policy
recommendations of the Grants Policy Committee (of the Chief Financial
Officers Council) are connected, by proposing the establishment of an
Office of Grant Making within the Office of Management and Budget to
cover all grants activity of the Federal Government, including the
management of Grants.gov. The Commission shall include, at a minimum,
in its recommendations regarding the Office of Grant Making, the
following:
(1) The Office should have an advisory committee that
includes representation from elected local, State, Federal and
tribal governments, institutions of higher education, vendors,
and non-profits.
(2) The meetings of the advisory committee should be
conducted in an open and transparent way.
(3) The Office should review all grant programs, including
the implementation of the expert grant award panels, and ensure
the consistency of audits of grant programs.
(f) Involvement of Stakeholders.--In carrying out its duties, the
Commission shall propose legislative or regulatory changes to involve
non-Federal participants in the grant-making process, including
involvement through--
(1) consultation with representatives of elected local,
State, and tribal governments, institutions of higher
education, vendors, non-profits, and other non-Federal
participants as early as possible to get their input on any
effort by the Federal Government to change or improve proposed
grant products, including new forms and formats, and or to
change or improve the tracking and reporting of Federal fund
data; and
(2) participation and collaboration in the development of a
training and certification program for grants management
professionals.
(g) Operations of Commission.--In carrying out its duties, the
Commission shall--
(1) operate a publicly accessible Web site and make
available information about the Commission, including its
membership and the report required under subsection (h);
(2) hold 8 public hearings before publication of the report
required under subsection (h); and
(3) provide for a period of 45 days immediately before
publication of the report required under subsection (h) for
submission of comments and recommendations from private and
public groups and individuals.
(h) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall--
(1) submit to Congress a report containing the plan
developed under subsection (b) and its findings and
recommendations; and
(2) publish the report on the Commission's publicly
accessible Web site.
(i) Appropriations.--There is authorized to be appropriated
$1,000,000 for the Commission to carry out this section.
SEC. 3. OFFICE OF GRANT MAKING.
(a) Establishment.--Not later than 30 days after the publication of
the Commission report under section 2(h), the Director of the Office of
Management and Budget shall establish an office within the Office of
Management and Budget to be known as the ``Office of Grant Making'' (in
this section referred to as the ``Office'').
(b) Director.--The Office shall be overseen by a Director, who
shall be designated from among Federal officers and employees by the
Director of the Office of Management and Budget.
(c) Functions.--
(1) In general.--The Office and Director shall--
(A) in consultation with agency heads,
representatives of local, State and Federal Government,
and other non-Federal entities, direct and coordinate
the development of the expert grant award panels
(referred to in section 2) and the specific
recommendations of the National Commission on Earmark
Reform; and
(B) be responsible for maintaining Grants.gov, in
accordance with section 5.
(2) Additional responsibilities.--The Director shall also
support Federal agencies in establishing--
(A) a common grant application and reporting
system; and
(B) an interagency process for addressing the
following:
(i) Ways to streamline and simplify Federal
grant administrative procedures and reporting
requirements for non-Federal entities.
(ii) Improved interagency and
intergovernmental coordination of information
collection and sharing of data pertaining to
Federal grants.
(iii) Improvements in the timeliness,
completeness, and quality of information
received by Federal agencies from recipients of
Federal grants.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 for fiscal years 2011 through 2013 for
purposes of establishing and operating the Office.
SEC. 4. STREAMLINING OF ROLE OF FEDERAL AGENCIES IN GRANT MAKING
PROCESS.
(a) Requirement for Plan.--Not later than 180 days after the date
of the enactment of this Act, each Federal agency shall develop and
implement a plan that--
(1) streamlines and simplifies the application,
administrative, and reporting procedures for Federal grants
administered by the agency;
(2) demonstrates a process to actively participate in the
expert grants awards panels referred to in section 2;
(3) demonstrates appropriate agency use, or plans for use,
of a common grant application and reporting system;
(4) designates a lead agency official for carrying out the
responsibilities of the agency under this Act;
(5) allows grant applicants to electronically apply for,
and report on the use of funds from, the Federal grants
administered by the agency;
(6) ensures recipients of Federal grants provide timely,
complete, and high-quality information in response to Federal
reporting requirements; and
(7) in cooperation with recipients of Federal grants,
establishes specific annual goals and objectives to further the
purposes of this Act and measures annual performance in
achieving those goals and objectives.
(b) Extension.--If a Federal agency is unable to comply with
subsection (a), the Director of the Office of Management and Budget may
extend for up to 30 days the period for the agency to develop and
implement a plan.
(c) Comment and Consultation on Agency Plans.--
(1) Comment.--Each agency shall publish the plan developed
under this section in the Federal Register and receive public
comment on the plan through the Federal Register and other
means (including electronic means). To the maximum extent
practicable, each Federal agency shall hold public forums on
the plan.
(2) Consultation.--The lead official designated by each
Agency shall consult with representatives of State, local, and
tribal governments, and other non-Federal entities, during
development and implementation of the plan.
(d) Submission of Plan.--Each Federal agency shall submit the plan
developed under this section to the Director of the Office of Grant
Making and Congress and report annually thereafter on the
implementation of the plan and performance of the agency in meeting the
requirements for the plan specified in subsection (a).
SEC. 5. EXPANSION OF THE USE AND FUNCTIONALITY OF GRANTS.GOV.
(a) Transfer to Office of Grant Making.--The Director of the Office
of Grant Making shall be responsible for maintaining Grants.gov.
(b) Requirement To Post All Grants.--All Federal grants, both
formula and discretionary, from all grant-making agencies shall be
posted on Grants.gov.
(c) Duplicative Hard Copy Applications Not Required.--Grant
applications in hard copy that are duplicative of applications
submitted electronically shall not be required from grant applicants.
(d) Expansion of Functionality.--The Director of the Office of
Grant Making shall ensure that Grants.gov is able to handle the
following functions:
(1) Finding grants.
(2) Applying for grants.
(3) Submitting and receiving grant applications.
(4) Sending grant award notifications and other documents.
(5) Submitting and receiving post-grant-award management
reports.
(6) Closeout tools related to grants.
(7) Grant award tracking.
(8) Training and technical assistance, as described in
subsection (f).
(e) Avoidance of Duplication With USASpending.gov.--The Director of
the Office of Grant Making shall ensure that duplication of effort and
dual systems related to online Federal grant activity are no longer in
effect by merging USASpending.gov into Grants.gov. Other Federal
agencies shall cooperate to the extent necessary to assist the Director
in carrying out this subsection.
(f) Training and Other Technical Assistance.--The Director shall
ensure that Grants.gov includes technical assistance information and
resources, including--
(1) online or recorded training sessions conducted by other
Federal agencies;
(2) online or recorded training sessions on how to use
Grants.gov; and
(3) such other technical assistance as the Director
considers appropriate.
SEC. 6. ENDING CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Prohibition on Congressional Earmarks, Limited Tax Benefits,
and Limited Tariff Benefits.--(1) It shall not be in order in the House
of Representatives or the Senate to consider any bill or joint
resolution, or amendment thereto or conference report thereon, if it or
any accompanying report contains any congressional earmark, limited tax
benefit, or limited tariff benefit.
``(2) As used in this subsection, the terms `congressional
earmark', `limited tax benefit', and `limited tariff benefit' have the
meanings given to such terms in clause 9 of rule XXI of the Rules of
the House of Representatives.''.
(b) Super Majority in the Senate.--Subsections (c)(1) and (d)(2) of
section 904 of the Congressional Budget Act of 1974 are each amended by
inserting ``312(g),'' after ``310(d)(2),''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 1 year after the date of the enactment of this Act. | Grant Accessibility and Transparency Enhancement Act of 2010 - Requires the President to establish the National Commission on Earmark Reform to: (1) study the laws and practices related to replacing earmarks with a full grant making process; and (2) develop a plan to transition from congressional member-directed earmarks to a grant making process.
Requires the Commission to propose legislative or regulatory changes to implement: (1) a grant making application and review process under which a panel of subject area experts reviews and awards grant funding on a merit-based system; and (2) a specific governance structure for all grant functions, including grants management, within the federal government.
Requires the Director of the Office of Management and Budget (OMB) to establish the Office of Grant Making within OMB to: (1) direct and coordinate the development of the expert grant award panels and the specific recommendations of the Commission; and (2) be responsible for maintaining Grants.gov.
Prescribes requirements to streamline the role of federal agencies in the grant making process.
Requires all federal grants, both formula and discretionary, from all grant making agencies to be posted on Grants.gov.
Requires the Director to ensure that duplication of effort and dual systems related to online federal grant activity are no longer in effect by merging USASpending.gov into Grants.gov.
Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any legislation or accompanying report that contains any congressional earmark or limited tax or tariff benefit. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Check Cashing Act of 1993''.
SEC. 2. LICENSING AND REGULATION OF CHECK CASHING SERVICES.
(a) License Requirement.--A person, other than a depository
institution, shall not engage in business in issuing, redeeming, or
cashing checks, travellers' checks, money orders, or similar
instruments, or of transmitting money, unless the person is licensed to
engage in that activity by the Commission.
(b) Licensing.--
(1) In general.--The Commission may issue a license for
engaging in an activity referred to in subsection (a) to any
person that meets the requirements established under this
section for such a license.
(2) Review and approval of licenses.--Before issuing a
license under this subsection, the Commission shall review and
approve--
(A) the business record and the capital adequacy of
the applicant; and
(B) the competence, experience, integrity, and
financial ability of each individual who--
(i) is the applicant;
(ii) is a director, officer, or supervisory
employee of the applicant; or
(iii) owns or controls the applicant.
(3) Limitations on licensing.--The Commission may deny a
license under this section to any applicant based on any--
(A) conviction of the applicant for any criminal
activity;
(B) fraud or other act of personal dishonesty by
the applicant;
(C) act, omission, or practice by the applicant
which constitutes a breach of fiduciary duty; or
(D) suspension or removal of the applicant, by any
agency or department of the United States or any State,
from participation in the conduct of any federally or
State license or regulated business.
(4) Revocation of license.--A license under this section
may be revoked by the Commission if the holder of the license--
(A) engages in any activity for which issuance of
the license may be denied under paragraph (3);
(B) imposes, charges, or collects a fee in excess
of the amount permissible under section 3; or
(C) violates any regulation issued under this
section by the Commission.
(c) Penalty.--Any person who violates subsection (a) shall be
liable for a civil penalty of not more than $500,000, to be assessed by
the Commission.
(d) Regulations.--Not later than 9 months after the date of the
enactment of this Act, the Commission shall issue regulations which
implement this section, including regulations which--
(1) establish requirements for applying for a license under
this section; and
(2) establish such other requirements relating to
activities for which a license is required under this section
as the Commission considers appropriate.
(e) Effective Date.--This section (except subsection (d)) shall
take effect on the date which is 9 months after the date of the
enactment of this Act.
SEC. 3. LIMITATION ON FEE CHARGED FOR CHECK CASHING.
(a) Limitation.--A person that regularly engages in the business of
cashing checks, travelers' checks, money orders, or similar
instruments, shall not charge any fee for cashing such an instrument
that exceeds the greater of $0.50 or 0.85 percent of the amount of the
instrument.
(b) Civil Penalty.--A person that violates subsection (a) shall be
liable for a civil penalty of not more than $500,000, to be assessed by
the Federal Trade Commission.
SEC. 4. PROHIBITION ON REFUSAL BY DEPOSITORY INSTITUTION TO CASH
GOVERNMENT CHECKS.
(a) Prohibition.--A depository institution shall not refuse to cash
a government check if--
(1) the check is presented for cashing by an individual who
is the payee of the check; and
(2) the individual who presents the check for cashing
provides sufficient identification.
(b) Civil Penalty.--A person that violates subsection (a) shall be
liable for a civil penalty of not more than $500,000.
(c) Enforcement.--The requirements of this section shall be
enforced under--
(1) section 8 of the Federal Deposit Insurance Act, in the
case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25(a) of the Federal Reserve Act, by the
Board of the Federal Reserve; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act, by the
Director of the Office of Thrift Supervision, in the case of a
savings association the deposits of which are insured by the
Federal Deposit Insurance Corporation;
(3) the Federal Credit Union Act, by the Administrator of
the National Credit Union Administration with respect to any
Federal credit union; and
(4) the Farm Credit Act of 1971, by the Farm Credit
Administration with respect to any Federal land bank, Federal
land bank association, Federal intermediate credit bank, or
production credit association.
SEC. 5. REQUIREMENT THAT CHECKS DRAWN BY FEDERAL AGENCIES BE MAILED
ONLY TO CERTAIN ADDRESSES.
(a) In General.--A government check that is issued by the United
States or an agency of the United States and that is mailed by such an
agency to the payee of the check may be mailed only to--
(1) the residence of the payee;
(2) the principal place of business of the payee;
(3) a post office box of the payee at a United States
Postal Service facility; or
(4) an account of the payee at an insured depository
institution.
(b) Application.--Subsection (a) shall apply to checks mailed after
the date which is 9 months after the date of the enactment of this Act.
(c) Regulations.--Not later than 2 months after the date of the
enactment of this Act, the Secretary of the Treasury shall issue
regulations implementing this section.
SEC. 6. STUDY OF DEBIT CARD SYSTEM OF BENEFIT PAYMENTS AND BENEFIT
CHECK DELIVERY.
Not later than 9 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a study
and submit a report to the Congress on--
(1) the effects of requiring the use of a debit card system
for making all benefit payments by the Federal Government; and
(2) other innovative ways to enhance and upgrade the
current methods by which the Federal Government delivers
benefit payment checks.
SEC. 7. DEFINITIONS.
(a) In General.--As used in this Act--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``depository institution'' has the meaning
given that term in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(3) the term ``government check'' means any check which was
issued by--
(A) the United States, any State, or any agency of
the United States; or
(B) any agency of the State in which the check is
presented for cashing purposes, any unit of local
government of such State, or any agency of any such
unit of local government;
(4) the term ``insured depository institution'' has the
meaning given that term in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)); and
(5) the term ``sufficient identification'' means--
(A) a driver's license;
(B) an identification card issued by a State or
Federal agency; or
(C) a United States passport.
(b) Terms Relating to Enforcement of Section 3.--A term used in
section 3(c)(1) that is not defined in this Act shall have the meaning
given that term by--
(1) section 3(s) of the Federal Deposit Insurance Act (12
U.S.C. 1813(s)); or
(2) in the case of a term not defined in the Act referred
to in paragraph (1), section 1(b) of the International Banking
Act of 1978 (12 U.S.C. 3101). | Check Cashing Act of 1933 - Sets forth licensing requirements for businesses that engage in issuing, redeeming, or cashing checks, travellers' checks, money orders, or similar instruments, or that transmit money. Confers licensing authority over such businesses upon the Federal Trade Commission (the Commission). Subjects violators of this Act to a civil penalty.
Sets a maximum fee limitation which such businesses may charge for their services.
Prohibits a depository institution from refusing to cash government checks where the presenter is the payee and provides sufficient identification. Mandates that checks drawn by Federal agencies be mailed only to specified addresses.
Requires the Comptroller General to study and report to the Congress on the effects of requiring the use of a debit card system for making Federal benefit payments. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Transformation Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Government Transformation'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) review work done by governmental and nongovernmental
entities, and conduct original research, on the organizational
practices, operations, and reform efforts of Federal agencies;
(2) analyze organizational practices and management
challenges of Federal agencies and make recommendations as
described in subsection (b)(2);
(3) assess Federal programs for economy, efficiency, and
effectiveness, and identify best practices of Federal agencies;
(4) establish a process for prioritizing the activities
described in paragraphs (1), (2), and (3), including
establishing criteria and a schedule for carrying out the
activities;
(5) coordinate with appropriate Federal agencies and
provide opportunities for individuals to make recommendations
that support the work of the Commission;
(6) upon request, provide information on Commission
activities to the Government Accountability Office, the
Congressional Budget Office, the Office of Management and
Budget, other Federal agency heads, and the Office of the
Inspector General of each Federal agency; and
(7) serve as a repository for best practices to support
Federal agencies in efforts to improve effectiveness.
(b) Reports.--
(1) Interim activity reports.--The Commission shall submit
to the President and Congress interim activity reports that
describe the activities of the Commission not later than 6
months after the date on which all members of the Commission
have been appointed, and every 6 months thereafter, except that
an interim report is not required on the date on which an
annual report is submitted as described in paragraph (2).
(2) Annual reports.--Not later than 12 months after the
date on which all members of the Commission have been
appointed, and every 12 months thereafter, the Commission shall
submit a report to the President and Congress. The report shall
include--
(A) the findings and conclusions of the Commission;
(B) suggestions for implementing the best practices
of Federal agencies identified in subsection (a)(3) in
other Federal agencies;
(C) proposals for legislation, administrative
action, or executive action that include
recommendations for improvement or investment in
Federal programs, or elimination, reduction, or
consolidation of Federal programs; and
(D) justification for the recommendations described
in subparagraph (C).
(3) Reports on historical data.--Not later than 48 months
after the date on which all members of the Commission have been
appointed, and every 24 months thereafter, the Commission shall
submit a report to the President and Congress on historical
data and trends in the information studied by the Commission,
including any available evidence of cost savings.
(4) Reports made public.--Each report submitted under this
subsection shall be made available to the public not later than
90 days after the date on which the report is submitted.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 7
members to be appointed as follows:
(1) The majority leader of the Senate shall appoint 1
member.
(2) The minority leader of the Senate shall appoint 1
member.
(3) The Speaker of the House of Representatives shall
appoint 1 member.
(4) The minority leader of the House of Representatives
shall appoint 1 member.
(5) The President shall appoint 3 members.
(b) Restriction on Government Employees.--No individual may serve
as a member of the Commission while employed as an officer or employee
of the Federal Government or any State or local government.
(c) Membership Criteria.--The members of the Commission shall
include individuals with recognition for their expertise in agencies,
efficiency, waste reduction, finance and economics, or actuarial
sciences, and who provide a mix of different professional backgrounds
and broad geographic representation.
(d) Political Affiliation.--Not more than 3 of the 7 members
appointed shall be registered as members of the same political party.
(e) Deadline To Appoint Members.--All members of the Commission
shall be appointed not later than 90 days after the date of the
enactment of this Act.
(f) Terms.--
(1) In general.--Each member shall be appointed for a term
of 3 years.
(2) Reappointment.--Each member may be reappointed for 1
additional term of 3 years.
(3) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made not
later than 90 days after the date on which the member leaves
the Commission.
(g) Co-Chairs.--
(1) Selection.--Of the members selected by the President
under subsection (a)(4), 2 members shall serve as Co-Chairs of
the Commission.
(2) Political affiliation of co-chairs.--The Co-Chairs of
the Commission shall not be from the same political party.
(h) Basic Pay.--
(1) Rates of pay of members.--Each member, other than the
Co-Chairs, shall be paid at a rate equal to the daily
equivalent of the annual rate of basic pay for level V of the
Executive Schedule under section 5315 of title 5, United States
Code.
(2) Rate of pay of co-chairs.--The Co-Chairs shall be paid
at a rate equal to the daily equivalent of the annual rate of
basic pay for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(i) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(j) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(k) Meetings.--The Commission shall meet at the call of the Co-
Chairs or a majority of its members. Members may attend meetings via
teleconference.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Executive Director and Staff.--
(1) In general.--The Co-Chairs, in consultation with the
President and Congress, shall appoint and terminate an
Executive Director. The Executive Director shall be paid at a
rate equal to the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5315 of
title 5, United States Code.
(2) Staff.--The Executive Director, with the approval of a
majority of the members of the Commission, may appoint, set the
pay of, and terminate additional personnel.
(b) Application of Certain Civil Service Laws.--The Executive
Director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service.
(c) Conflicts of Interest.--A member or employee of the Commission
shall not have a conflict of interest that is relevant to any activity
of the Commission.
(d) Experts and Consultants.--With the consensus of the Co-Chairs,
the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at a rate to be
determined by the Co-Chairs.
(e) Staff of Federal Agencies.--Upon request of the Co-Chairs, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency information necessary to enable it to
carry out this section. Upon request of the Co-Chairs, the head of that
department or agency shall furnish that information to the Commission
on an agreed upon schedule.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other Federal
agencies.
SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF COMMISSION BILL.
(a) Definitions.--For the purposes of this section:
(1) Commission bill.--The term ``Commission bill'' means a
bill--
(A) the substance of which implements a
recommendation of the Commission submitted under
section 3(b)(2)(C); and
(B) introduced by request on the date that is 90
days after the annual report of the Commission is
submitted to Congress under section 3(b)(2), or if
either House is not in session on such date, on the
first day thereafter on which that House is in session.
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(b) Referral.--A Commission bill described in subsection (a)(1)
that is introduced in the House of Representatives shall be referred to
the Committee on Oversight and Government Reform of the House of
Representatives. A Commission bill that is introduced in the Senate
shall be referred to the Committee on Homeland Security and
Governmental Affairs of the Senate.
(c) Discharge.--If the committee to which a Commission bill
described in subsection (a)(1) is referred has not reported the
Commission bill by the end of the 20-day period beginning on the date
on which the report is introduced under subsection (a)(1)(B), such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the
appropriate calendar of the House involved.
(d) Expedited Consideration.--
(1) Consideration.--On or after the third day after the
date on which the committee to which a Commission bill
described in subsection (a)(1) is referred has reported, or has
been discharged (under subsection (c)) from further
consideration of, it is in order (even though a previous motion
to the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of the
bill. A Member may make the motion only on the day after the
calendar day on which the Member announces to the House
concerned the Member's intention to make the motion, except
that, in the case of the House of Representatives, the motion
may be made without such prior announcement if the motion is
made by direction of the committee to which the bill was
referred. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
bill is agreed to, the respective House shall immediately
proceed to consideration of the bill without intervening
motion, order, or other business, and the bill shall remain the
unfinished business of the respective House until disposed of.
(2) Debate.--Debate on the bill, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally
between those favoring and those opposing the bill. An
amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to
postpone, a motion to proceed to the consideration of other
business, or a motion to recommit the bill is not in order. A
motion to reconsider the vote by which the bill is agreed to or
disagreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the bill and a single quorum call
at the conclusion of the debate, if requested in accordance
with the rules of the appropriate House, the vote on final
passage of the bill shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the procedure
relating to the bill shall be decided without debate.
(e) Consideration by Other House.--
(1) Before passage.--If, before the passage by one House of
a Commission bill of that House described in subsection (a)(1),
that House receives from the other House a Commission bill,
then the following procedures shall apply--
(A) the Commission bill of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in the case
of vote on final passage as provided in subparagraph
(B); and
(B) with respect to a Commission bill of the House
receiving the bill, the procedure in that House shall
be the same as if no bill had been received from the
other House, but the vote on final passage shall be on
the bill of the other House.
(2) After passage.--Upon disposition of a Commission bill
received from the other House, it shall no longer be in order
to consider the bill that originated in the receiving House.
(f) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to be
a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a Commission bill described in subsection
(a)(1), and it supersedes other rules only to the extent that
it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules of procedure of that House at
any time, in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 8. DEFINITIONS.
In this Act:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``Executive agency'' in section 105 of
title 5, United States Code.
(2) Federal program.--The term ``Federal program'' means
any function or activity of a Federal agency.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission for fiscal
years 2014 through 2019 such sums as may be necessary to carry out this
Act. | Government Transformation Act - Establishes the Commission on Government Transformation. Directs the Commission to: (1) review work done by governmental and non-governmental entities and conduct research on the organizational practices, operations, and reform efforts of federal agencies; (2) analyze organizational practices and management challenges of federal agencies; (3) assess federal programs for economy, efficiency, and effectiveness and identify best practices; (4) upon request, provide information on Commission activities to the Government Accountability Office (GAO), the Congressional Budget Office (CBO), the Office of Management and Budget (OMB), other federal agency heads, and the Office of Inspector General of each federal agency; and (5) serve as a repository for best practices for federal agencies. Requires the Commission to make interim and annual reports on its activities to the President and Congress and make such reports available to the public. Provides for expedited congressional consideration of legislation to implement recommendations of the Commission. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Centennial Act of
2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds:
(1) The National Park Service was established to conserve
the national parks, their scenery, natural and historic
objects, and wildlife for the enjoyment, in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations.
(2) The central purpose of the establishment of our
national parks is being challenged by chronic funding
shortfalls, which have created annual shortfalls in operational
funding that exceed $600,000,000, and have amassed a
maintenance backlog estimated by the General Accounting Office
at between $4,080,000,000 and $6,800,000,000.
(3) Without providing the Park Service the resources
necessary to operate and maintain our national parks, future
generations will receive diminished visitor services, will
experience a continually weakening system that is less and less
able to fulfill its mission, and will inherit a national park
system than has been left to them in worse condition that it
was left to their ancestors.
(4) The annual appropriations process has proved incapable
of fully addressing the debilitating funding shortfalls of the
national parks, making it necessary to supplement what the
appropriations process is able to accomplish.
(5) It is necessary to ensure that fiscal resources devoted
to the national parks are spent wisely and effectively, making
strong congressional oversight over annual appropriations
extremely important.
(6) Congress can enhance the resources available for
national park operations and ensure adequate oversight over
Park Service spending by removing from the appropriations
process a series of funding responsibilities that are outside
the core operating budgets for the national parks.
(b) Purpose.--The purpose of this Act is to eliminate the annual
operating deficit and the maintenance backlog in the national parks by
the centennial anniversary of the National Park System by enabling
Congress to focus on overseeing and fully funding the core operations
of the national parks in the annual appropriations process.
TITLE I--CENTENNIAL FUND
SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS.
(a) Establishment.--There is established in the Treasury of the
United States a fund which shall be known as the ``National Park
Centennial Fund'', hereinafter in this Act referred to as the
``Centennial Fund''. In each fiscal year beginning in fiscal year 2005,
the Secretary of the Treasury shall deposit in the Centennial Fund
amounts set forth in subsection (b) sufficient to fund the programs
identified in titles II, III, and IV.
(b) Appropriations.--There are hereby appropriated to the
Centennial Fund in each fiscal year, the following amounts:
(1) Amounts equivalent to the amounts designated in the
fiscal year concerned under section 6097 of the Internal
Revenue Code of 1986.
(2) Any additional amounts necessary to make the total
amounts deposited to the Centennial Fund each fiscal year equal
to the total amount listed in section 103.
SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT
OF UNITS OF THE NATIONAL PARK SYSTEM.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return, shall be used for the benefit of units of the
National Park System.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of any overpayment of tax designated under
subsection (a) shall be treated as being refunded to the taxpayer as of
the last date prescribed for filing the return of tax imposed by
chapter 1 (determined without regard to extensions) or, if later, the
date the return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of overpayments and contributions for the
benefit of units of the National Park System''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 103. PROGRAM ALLOCATION.
The following amounts shall be deposited in the Centennial Fund
from amounts designated under section 102 (and from the General Fund of
the Treasury to the extent the amounts so designated are less than the
total amounts specified in this section for the fiscal year concerned).
Such amounts shall, without further appropriation, be available to the
Secretary of the Interior until expended:
(1) Fiscal year 2005: $100,000,000.
(2) Fiscal year 2006: $125,000,000.
(3) Fiscal year 2007: $150,000,000.
(4) Fiscal year 2008: $175,000,000.
(5) Such sums as may be necessary through fiscal year 2016.
SEC. 104. DISTRIBUTION OF FUND.
There are hereby created within the Centennial Fund 3 accounts,
designated for the following purposes:
(1) National Park Backlog Elimination Fund (60 percent).
(2) Natural Resource Challenge Fund (20 percent).
(3) Cultural Resource Challenge Fund (20 percent).
SEC. 105. PATRIOTS FOR PARKS PROMOTION.
There are hereby authorized to be appropriated to the Secretary of
the Interior such sums as necessary for a public awareness campaign
about the existence of the National Park Centennial Fund created in
section 101 and the ability of taxpayers to contribute to it through
the tax checkoff created in section 6097 of the Internal Revenue Code
of 1986.
TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG
SEC. 201. BACKLOG ELIMINATION.
(a) In General.--Sixty percent of the funds deposited into the
Centennial Fund shall be used to eliminate the backlog of unmet needs
in the National Parks, as identified in the Facility Condition Index
(hereinafter in this Act referred to as the ``FCI'') of the National
Park Service.
(b) Priorities.--(1) The Secretary of the Interior shall prepare,
as part of the annual budget proposal, a priority list for projects to
be funded under this section. Moneys shall be made available from the
fund, without further appropriation, effective October 15 of each
calendar year, for the projects identified on the priority list, unless
prior to such date, legislation is enacted establishing a different
priority list.
(2) In preparing the list of projects to be funded under this
section, the Secretary of the Interior shall give priority to projects
that--
(A) are identified in the park unit's general management
plan;
(B) are listed in the FCI;
(C) are identified by the Secretary of the Interior as
necessary to prevent immediate damage to the park unit's
natural, cultural, or historic resources, with priority given
to projects with the most significant benefit to conservation
of resources or visitor education; and
(D) are identified as necessary to promote public health
and safety.
(c) Overhead.--National Parks undertaking projects under this
section may allocate up to 8 percent of the funds for such projects for
oversight of such projects and other associated overhead
responsibilities.
TITLE III--PROTECTING NATURAL WONDERS
SEC. 301. NATURAL RESOURCE CHALLENGE.
(a) Natural Resource Protection.--Twenty percent of the funds
deposited into the Centennial Fund shall be used to protect natural
resources within the parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the Centennial Fund, without further appropriation,
effective October 15 of each calendar year for activities that include
each of the following:
(1) Natural resource inventories.
(2) Monitoring efforts including air and water quality
monitoring.
(3) Protection of native and endangered species and their
habitats.
(4) Control of nonnative species.
(5) Resource planning.
(6) Increase collaboration with scientists.
(7) Authorized environmental restoration projects.
(8) Use of parks for learning.
(9) Establishment of partnerships with nonpark entities for
the purpose of leveraging Federal funds allocated to natural
resource protection.
TITLE IV--PROTECTING NATIONAL TREASURES
SEC. 401. CULTURAL RESOURCE CHALLENGE.
(a) Cultural Resources.--Twenty percent of the funds deposited into
the Centennial Fund shall be used to protect cultural resources within
the national parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the fund, without further appropriation, effective
October 15 of each calendar year for activities that include each of
the following:
(1) Cultural or historic resources not listed on the FCI.
(2) Documenting and preserving archaeological sites.
(3) Preserving collections and archives.
(4) Ethnographic activities.
(5) Evaluating and protecting cultural landscapes.
(6) Establishment of partnerships with non-park entities
for the purpose of leveraging Federal funds allocated to
cultural resource protection.
TITLE V--MEETING ANNUAL OPERATING NEEDS
SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS.
(a) GAO Report.--The General Accounting Office annually shall
submit to the Committee on Appropriations, Committee on Government
Reform, and Committee on Resources of the United States House of
Representatives and to the Committee on Appropriations, Committee on
Government Affairs, and Committee on Energy and Natural Resources of
the United States Senate a report that describes each of the following:
(1) The progress of Congress in eliminating the annual
operating fund deficit in the National Park System, defined as
in excess of $600,000,000 based on a fiscal year 2002 estimate
of then-complete national park business plans, and projection
of when such deficit will be eliminated, based on funding
levels and trends.
(2) A comparison of business plan estimates of national
park needs versus actual funds appropriated to such parks.
(3) Any differences in the Park Service's business plan
methodology for the estimate in paragraph (2) of this
subsection compared to that used in fiscal year 2003.
(4) Management improvement measures undertaken by
individual park units and by the National Park Service as a
whole, including actual realized savings and actual impact on
visitor services and resource protection.
(5) Adjustments in, and the total number of, full-time
equivalent and actual positions dedicated to resource
protection, visitor services, interpretation, and other
employment categories.
(6) Any adjustments made in service to the public,
including but not limited to adjustments to visitor center
hours and the number or quality of ranger-led tours.
(7) Any changes in the Park Service's level of effort due
to partnership or other leveraged activities.
(8) Any new requirements and assessments placed on the
parks for unbudgeted expenses, including, but not limited to,
homeland security, natural disasters, and employee cost-of-
living adjustments.
(9) An assessment of the accuracy and completeness of the
Facility Condition Index described in Title I of this Act,
including adjustments made to such Index on an annual basis.
(b) Business Plan Implementation Pilot (Demonstration) Program.--In
consultation with the Director of the National Park Service, at least
60 percent of the amounts provided under Titles II, III, and IV shall
be distributed to national parks that have completed comprehensive
business plans under the Business Plan Initiative of the National Park
Service.
(c) Education and the National Parks.--The Secretary of Education
is hereby authorized to provide grants to elementary and secondary
schools to enter into cooperative agreements with the National Park
Service for the purpose of distance learning and onsite education
programs for the following purposes:
(1) Connecting students to the history of our Nation
through the national parks.
(2) Using the parks to facilitate scientific instruction.
(d) Intent of Congress to Supplement Annual Appropriations for
National Park Service.--Amounts made available by this Act are intended
by the Congress to supplement, and not detract from, annual
appropriations for the National Park Service. | National Park Centennial Act of 2004 - Establishes the National Park Centennial Fund (Fund) in the Treasury.
Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior.
Creates within the Fund the National Park Backlog Elimination Fund, the Natural Resource Challenge Fund, and the Cultural Resource Challenge Fund.
Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions.
Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS.
Directs the Government Accountability Office annually to submit a report on the National Park System to specified congressional committees.
Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Technical Corrections
Act of 1997''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``INA'' means the Immigration and Nationality
Act.
(2) The term ``IIRIRA'' means the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208, division C).
SEC. 3. GENERAL EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
amendments made by this Act to a provision shall take effect as if
included in the provision at the time the provision was first enacted,
or, if the provision has been amended since enactment, as if included
in its most recent amendment.
SEC. 4. AMENDMENTS TO INA AND IIRIRA RELATING TO INADMISSIBILITY AND
REMOVAL OF ALIENS.
(a) Definitions.--Section 101(a) of the INA is amended--
(1) in paragraph (13), by adding at the end the following:
``(D) In the case of an alien adjusted to the status of an alien
lawfully admitted for permanent residence, such alien shall be regarded
as having been admitted on the date of such adjustment.'';
(2) in paragraph (43)(F), by inserting ``is'' after
``imprisonment''; and
(3) in paragraph (43)(G), by inserting ``is'' after
``imprisonment)''.
(b) Amended Definition of Aggravated Felony.--Section 321(a)(3) of
IIRIRA is amended by striking ``(F), (G), (N), and (P),'' and inserting
``(F) and (G)''.
(c) General Classes of Aliens Ineligible to Receive Visas.--Section
212 of the INA is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(G) Certain firearm offenses.--Any alien who at
any time has been convicted under any law of
purchasing, selling, offering for sale, exchanging,
using, owning, possessing, or carrying, or of
attempting or conspiring to purchase, sell, offer for
sale, exchange, use, own, possess, or carry, any
weapon, part, or accessory which is a firearm or
destructive device (as defined in section 921(a) of
title 18, United States Code) in violation of any law
is inadmissible.
``(H) Aggravated felons.--Any alien who has been at
any time convicted of an aggravated felony is
inadmissible.'';
(2) in subsection (a)(9)(A)--
(A) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively;
(B) in clause (iii), as so redesignated, by
inserting ``or (ii)'' after ``clause (i)'';
(C) in clause (iv), as so redesignated, by striking
``Clauses (i) and (ii)'' and inserting ``Clauses (i),
(ii), and (iii)''; and
(D) by inserting after clause (i) the following:
``(ii) Excluded aliens.--Any alien who has
been ordered excluded from admission and
deported under section 236, as that section
existed prior to its amendment by the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996, and who again seeks admission
within 1 year of the date of such deportation
is inadmissible.'';
(3) in subsection (a)(9)(B)(iii), by adding at the end the
following:
``(V) Temporary protected status.--No period of
time in which an alien is in temporary protected status
pursuant to section 244A shall be taken into account in
determining the period of unlawful presence in the
United States under clause (i).'';
(4) in subsection (d)(12)(B), by inserting ``an individual
who at the time of such action was'' after ``aid, or support'';
and
(5) in subsection (h)--
(A) by striking the third sentence; and
(B) by striking the period at the end of the second
sentence and inserting ``, or in the case of an alien
who has been convicted of an aggravated felony within
15 years before the date of the alien's application for
such waiver or application for a visa or adjustment of
status.''.
(d) Inspection by Immigration Officers.--Section 235(a)(3) of the
INA is amended by striking ``admission or readmission'' and inserting
``admission, readmission, or entry''.
(e) General Classes of Deportable Aliens.--Section 237 of the INA
is amended--
(1) in subsection (a), in the first sentence, by striking
``(including an alien crewman)''; and
(2) in subsection (a)(2)(E)(i), by striking ``For purposes
of this clause'' through and including the period at the end of
the sentence, and inserting ``For purposes of this clause, the
term `protection order' includes an injunction or any other
order issued for the purpose of preventing violent or
threatening acts or harassment against, or contact or
communication with or physical proximity to, another person,
including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders),
whether obtained by filing an independent action or as a
pendente lite order in another proceeding, so long as any civil
order was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking protection.''.
(f) Expedited Removal of Aliens Convicted of Committing Aggravated
Felonies.--Section 238 of the INA is amended--
(1) in subsection (a), by striking ``241'' and inserting
``237'';
(2) in subsection (a)(2), by striking the first sentence
and inserting ``With respect to an alien convicted of any
criminal offense covered in section 212(a)(2), section
237(a)(2)(A)(iii), subparagraphs (B), (C), or (D) of section
237(a)(2), or any offense covered by section 237(a)(2)(A)(ii)
for which both predicate offenses are covered by section
237(a)(2)(A)(i), who is taken into custody by the Attorney
General pursuant to section 236(c), the Attorney General shall,
to the maximum extent practicable, detain any such felon at a
facility at which other such aliens are detained.'';
(3) in subsection (b)(1)--
(A) by striking ``determine the deportability of
such alien under section 237(a)(2)(A)(iii) (relating to
conviction of an aggravated felony)'' and inserting
``order the removal of an alien convicted of an
aggravated felony,''; and
(B) by striking ``and issue an order of removal'';
(4) in the subsection heading for the first subsection (c),
by striking ``Presumption of Deportability.--'' and inserting
``Presumption of Removability.--'';
(5) in the first subsection (c), by striking ``deportable''
and inserting ``removable'';
(6) by redesignating the second subsection (c) (as
redesignated by section 671(b)(13) of IIRIRA) as subsection
(d); and
(7) in subsection (d), as redesignated by paragraph (6)--
(A) by striking ``deportable'' in each of
paragraphs (1) and (2)(D)(iv) and inserting
``removable''; and
(B) in paragraph (2)(B)--
(i) by striking ``242B'' and inserting
``239''; and
(ii) by striking ``identifying the crime or
crimes which make the defendant deportable
under section 241(a)(2)(A).'' and inserting
``identifying the section or sections of law
under which the defendant is removable.''.
(g) Detention and Removal of Aliens Ordered Removed.--Section 241
of the INA is amended--
(1) in subsection (b)(1)(A), by striking the period at the
end and inserting ``or, in the case of an alien arriving at a
land border, to the country from which the alien arrived.'';
(2) in subsection (b)(1)(C), by striking ``If'' at the
beginning of the sentence and inserting ``If the Attorney
General decides that removing the alien to the country
specified in subparagraph (A) or (B) is prejudicial to the
United States or if'';
(3) in subsection (c)(1)(B)(i), by striking ``235(a)(1)''
and inserting ``235(a)(2), 235(b)(1),'';
(4) in subsection (c)(3)(B)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(vii) the alien arrives upon a vessel at
a United States port of entry when such arrival
has been authorized by appropriate Federal
authority.''; and
(5) in subsection (e)(1), by striking ``235(a)(1)'' and
inserting ``235(b)(1)''.
(h) Reentry of Removed Aliens.--Section 276(b) of the INA is
amended--
(1) in the matter preceding paragraph (1), by striking
``subsection--'' and inserting ``subsection whose denial of
admission, exclusion, deportation, removal, or departure from
the United States while an order of exclusion, deportation, or
removal was outstanding--''; and
(2) in each of paragraphs (1) and (2), by striking ``whose
removal''.
SEC. 5. AMENDMENTS TO TITLE 18 RELATING TO CRIMINAL ALIENS.
(a) In General.--Sections 1425(b), 1426(h), 1427, 1541, 1542, 1543,
1544, and 1546(a) of title 18, United States Code, are each amended by
striking ``facility'' in the last sentence of each such section and
inserting ``facilitate''.
(b) Criminal Forfeiture.--Section 982(a) of title 18, United States
Code, is amended--
(1) by redesignating the second paragraph (6) as paragraph
(7); and
(2) in paragraph (7), as so redesignated--
(A) in subparagraph (A)(i), by striking
``subsection (a)'' and inserting ``such laws''; and
(B) in subparagraph (A)(ii)(I), by striking
``subsection (a)'' through ``of this title'' and
inserting ``such laws''.
(c) Authorization for Interception of Wire, Oral, or Electronic
Communications.--Section 2516(1) of title 18, United States Code, is
amended by striking the first paragraph (p) (added as paragraph (o) by
section 434 of the Antiterrorism and Effective Death Penalty Act of
1996).
SEC. 6. MISCELLANEOUS AMENDMENTS TO INA.
(a) Definitions Relating to Alien Terrorist Removal Proceedings.--
Section 501(1) of the INA is amended by striking ``241(a)(4)(B)'' and
inserting ``237(a)(4)(B) or 212(a)(3)(B)''.
(b) Requirements for Sponsor's Affidavit of Support.--Section 213A
of the INA is amended--
(1) by redesignating the subsection (h) added by section
551 of IIRIRA as subsection (g); and
(2) by redesignating subsection (i) as subsection (h).
(c) Apprehension and Detention of Aliens Not Lawfully in United
States.--Section 236(c)(1)(C) of the INA is amended by striking
``sentence'' and inserting ``sentenced''.
(d) Removal Hearing.--Section 504(e)(1)(A) of the INA is amended by
striking ``a removal'' and inserting ``removal''.
(e) Voluntary Departure.--Section 240B(a)(1) of the INA is amended
by striking ``237(a)(2)(A)(iii) or section 237(a)(4)(B).'' and
inserting ``237(a)(2)(A)(iii) or subparagraph (B) or (D) of section
237(a)(4).''.
(f) Worldwide Level of Immigration.--Section 201(b)(1)(D) of the
INA is amended by striking ``240A(a)'' and inserting ``240A(b)''.
(g) Temporary Protected Status.--Section 244(e) of the INA is
amended by striking ``240A(a)'' and inserting ``240A(b)''.
(h) Inadmissibility.--The following provisions of the INA are
amended by striking the term ``excludable'' each place it appears and
inserting ``inadmissible'':
(1) Clauses (ii) and (iii) of section 212(a)(3)(C).
(2) Section 213A(a)(1).
(i) Public Vessel Exception.--Sections 235(d)(2) and 241(d)(3) of
the INA are amended by inserting ``(except for the commanding officer
of a public vessel)'' after ``commanding officer''.
(j) Detention and Removal of Aliens Ordered Removed.--Section
241(a)(4)(B)(i) of the INA, as added by section 305(a) of IIRIRA, is
amended by inserting ``)'' immediately after ``or (L)''.
(k) Unlawful Employment of Aliens.--Section 274A(e)(2)(C) of the
INA is amended by striking ``paragraph (2)'' and inserting ``paragraph
(3)''.
(l) Admission of Nonimmigrants.--Section 214(l)(1)(D) of the INA,
as redesignated by section 622(c) of IIRIRA, is amended by striking
``paragraph (2)'' and inserting ``subparagraph (C)''.
(m) Foreign Students.--
(1) In general.--Section 214 of the INA is amended by
redesignating the subsection (l) added by section 625 of IIRIRA
as subsection (m).
(2) Conforming amendment.--Section 212(a)(6)(G) of the INA
is amended by striking ``214(l)'' and inserting ``214(m)''.
(n) Transport by Airline.--Section 212 of the INA is amended--
(1) in subsection (f), by striking ``Whenever the Attorney
General finds that a commercial airline has failed to comply
with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.''; and
(2) by adding at the end the following:
``(p) Whenever the Attorney General finds that a commercial airline
has failed to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent documents
used by passengers traveling to the United States (including the
training of personnel in such detection), the Attorney General may
suspend the entry of some or all aliens transported to the United
States by such airline.''.
(o) Good Moral Character.--Section 101(f) of the INA is amended by
striking ``(9)(A)'' and inserting ``(10)(A)''.
(p) Initiation of Removal Proceedings.--Section 239(c) of the INA
is amended by inserting ``at the time of arrest or'' after ``alien''.
(q) Aliens Previously Removed.--Section 212(a)(9)(C) of the INA is
amended by striking ``enters or attempts to reenter'' and inserting
``subsequently has entered or attempted to reenter''.
SEC. 7. MISCELLANEOUS AMENDMENTS TO IIRIRA.
(a) New Document Fraud Offenses.--Section 212(e) of IIRIRA is
amended by inserting ``or documents'' after ``applications''.
(b) Pilot Program on Limiting Issuance of Driver's Licenses to
Illegal Aliens.--Section 502 of IIRIRA is amended by adding at the end
the following:
``(c) Current State Authority.--The denial of driver's licenses
under operation of state law in effect on the date of enactment of this
Act to aliens not lawfully present in the United States is unaffected
by this section.''.
(c) Adjustment of Status for Certain Polish and Hungarian
Parolees.--Section 646(a)(1) of IIRIRA is amended by striking ``applies
for such adjustment'' and inserting ``files a completed application for
such adjustment prior to September 30, 1998.''.
(d) Technical Corrections.--Section 671(b)(5) of IIRIRA is amended
by striking ``(K)(ii)'' and inserting ``(K)(iii)''.
(e) Authorization of Appropriations for Increase in Number of
Certain Investigators.--Section 131(c) of IIRIRA is amended--
(1) by striking ``$25,000'' and inserting ``$30,000''; and
(2) by striking ``fiscal'' and inserting ``calendar''.
(f) Redesignation and Reorganization of Provisions.--Section 308(g)
of IIRIRA is amended--
(1) in paragraph (2), by striking ``(as in effect before
October 1, 1996)'' and inserting ``(as in effect before October
31, 1996, except that in such cases review may be had only by
petition for review to the circuit court of appeals)''; and
(2) in paragraph (8)(A)(i), by striking ``240A(a)'' and
inserting ``240A(b)''.
(g) Effective Dates; Transition.--Section 309 of IIRIRA is
amended--
(1) in subsection (c)(4)(F), by inserting ``, and,
notwithstanding the provisions of section 106(c), the departure
of the alien from the United States shall not deprive the court
of review of jurisdiction'' after ``otherwise''; and
(2) by striking subsection (e).
(h) Program To Collect Information Relating to Nonimmigrant Foreign
Students and Other Exchange Program Participants.--Section 641(c)(1)(B)
of IIRIRA is amended by striking ``the date on which a visa under the
classification was issued or extended'' and inserting ``the date on
which the alien was admitted to the United States under the
classification or otherwise acquired or extended that status''.
(i) Penalties for Disclosure of Information.--Section 384 of IIRIRA
is amended--
(1) in subsection (a)(2)--
(A) by striking ``or'' after ``216(c)(4)(C),''; and
(B) by inserting ``(as in effect prior to April 1,
1997), or section 240A(b)(2)'' after ``244(a)(3)''; and
(2) in subsection (b), by adding at the end the following:
``(6) Pursuant to section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
the Department of Justice is authorized to disclose information
to Federal, State, local or private benefit-granting agencies
for use solely in determining eligibility or continued
eligibility for benefits.''.
SEC. 8. AMENDMENTS TO OTHER PROVISIONS.
(a) Good Moral Character.--Section 509(b) of the Immigration Act of
1990 is amended by striking ``on or after'' through the period at the
end and inserting ``before, on, or after such date.''
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996. | Immigration Technical Corrections Act of 1997- Amends the Immigration and Nationality Act (INA) with respect to: (1) status adjustment admission date; (2) classes of aliens ineligible to receive visas (firearm offenses and aggravated felons), and deportable aliens; (3) expedited removal of aliens convicted of aggravated felonies; and (4) detention and removal of aliens, and reentry of removed aliens.
(Sec. 5) Amends Federal criminal law to eliminate the provision authorizing interception of wire, oral, or electronic communications for specified immigration related felonies.
(Sec. 6) Amends the INA with respect to: (1) alien terrorist removal; (2) sponsor affidavit of support; (3) illegal alien apprehension and detention; (4) removal hearings; (5) voluntary departure; (6) worldwide immigration level; (7) temporary protected status; (8) public vessels; (9) unlawful employment of aliens, (10) foreign students; (11) airlines; and (12) removal proceedings.
(Sec. 7) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to: (1) document fraud offenses; (2) the pilot program on limiting issuance of driver's licenses to illegal aliens; (3) Polish and Hungarian parolee status adjustment; (4) foreign and exchange student information collection; and (5) information disclosure penalties. Increases authorization of appropriations for certain Immigration and Naturalization Service investigators' overtime pay.
(Sec. 8) Amends the Immigration Act of 1990 with respect to a provision concerning good moral character. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2018''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Public school students who are lesbian, gay, bisexual
or transgender (LGBT), or are perceived to be LGBT, or who
associate with LGBT people, have been and are subjected to
pervasive discrimination, including harassment, bullying,
intimidation and violence, and have been deprived of equal
educational opportunities, in schools in every part of our
Nation.
(2) While discrimination, including harassment, bullying,
intimidation and violence, of any kind is harmful to students
and to our education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and especially severe problem.
(3) Numerous social science studies demonstrate that
discrimination, including harassment, bullying, intimidation
and violence, at school has contributed to high rates of
absenteeism, dropout, adverse health consequences, and academic
underachievement among LGBT youth.
(4) When left unchecked, discrimination, including
harassment, bullying, intimidation and violence, in schools
based on sexual orientation or gender identity can lead, and
has led to, life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in discriminatory treatment or are indifferent
to discrimination, including harassment, bullying, intimidation
and violence, on the basis of sexual orientation or gender
identity.
(6) While Federal statutory protections expressly address
discrimination on the basis of race, color, sex, religion,
disability, and national origin, Federal civil rights statutes
do not expressly include ``sexual orientation'' or ``gender
identity''. As a result, students and parents have often had
limited legal recourse to redress for discrimination on the
basis of sexual orientation or gender identity.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including but not
limited to the power to enforce the 14th Amendment to the
Constitution and to provide for the general welfare pursuant to
section 8 of article I of the Constitution and the power to
enact all laws necessary and proper for the execution of the
foregoing powers pursuant to section 8 of article I of the
Constitution, in order to prohibit discrimination in public
schools on the basis of sexual orientation or gender identity;
and
(5) to allow the Department of Education to effectively
combat discrimination based on sexual orientation or gender
identity in public schools through regulation and enforcement,
as the Department has issued regulations under and enforced
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) and other nondiscrimination laws in a manner that
effectively addresses discrimination.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Program or activity.--The terms ``program or activity''
and ``program'' have same meanings given such terms as applied
under section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a) to the operations of public entities under paragraph
(2)(B) of such section.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a public
school education program or activity, or to create a hostile or
abusive educational environment at a public school, including
acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person or persons with whom a
student associates or has associated.
(4) Public schools.--The term ``public schools'' means
public elementary and secondary schools, including local
educational agencies, educational service agencies, and State
educational agencies, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(6) Student.--The term ``student'' means an individual who
is enrolled in a public school or who, regardless of official
enrollment status, attends classes or participates in a public
school's programs or educational activities.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes,
but is not limited to, harassment of a student on the basis of actual
or perceived sexual orientation or gender identity of such student or
of a person with whom the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on his or
her opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes,
but is not limited to--
(A) opposition to conduct reasonably believed to be
made unlawful by this Act;
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and employees thereof, regarding conduct made
unlawful by this Act or reasonably believed to be made
unlawful by this Act;
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this Act
or reasonably believed to be made unlawful by this Act;
and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or other governmental entity regarding a
violation, or alleged violation, of this Act.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
Each Federal department and agency which is empowered to extend
Federal financial assistance to any education program or activity, by
way of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 4 of this Act with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the Act
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with
any requirement adopted pursuant to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found; or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means. In the case of any
action terminating, or refusing to grant or continue, assistance
because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file
with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until 30 days have elapsed after the
filing of such report.
SEC. 6. CAUSE OF ACTION.
(a) Cause of Action.--Subject to subsection (c) of this section, an
aggrieved individual may assert a violation of this Act in a judicial
proceeding. Aggrieved persons may be awarded all appropriate relief,
including but not limited to equitable relief, compensatory damages,
cost of the action, and remedial action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining other remedies under
any other provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28 of the United States Code.
The tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the forum State.
SEC. 7. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment to the
Constitution or otherwise, to a suit brought by an aggrieved individual
for a violation of section 4 of this Act.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 8. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Nondiscrimination Act of 2018,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 9. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation under any other Federal law or law of a State or
political subdivision of a State, including title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this
Act are in addition to those imposed by title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the 1st Amendment to the
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 10. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be affected.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before the
effective date of this Act. | Student Non-Discrimination Act of 2018 This bill prohibits discrimination, under a federally assisted program, against public school students on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. The bill authorizes federal departments and agencies to terminate the educational assistance of recipients found to be violating this prohibition. An aggrieved individual may assert a violation of this bill in a judicial proceeding and recover reasonable attorney's fees. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Security and Efficiency
Enhancement Act of 2003''.
SEC. 2. PURPOSE.
It is the purpose of this Act to enhance the security procedures
and efficiency of the immigration, refugee and asylum, and
naturalization services of the United States Government by mandating
the implementation of an electronic application process utilizing
certified filing entities and e-file applications.
SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY ENHANCEMENTS.
(a) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Congress a plan for the implementation of security and efficiency
enhancements described in subsection (b). The plan shall include a
timetable for implementation with appropriate information concerning
the importance and impact of technology, funding, and other factors on
the timetable.
(b) Security and Efficiency Enhancements.--Immigration security and
efficiency enhancements are as follows:
(1) Establishment of a central computer database and
network for processing immigration applications and forms.
(2) Identification of applications and forms appropriate
for electronic submission.
(3) Implementation of a pilot project for elective
electronic submission of designated immigration applications
and forms.
(4) Implementation of elective electronic submission of
designated immigration applications and forms.
(5) Within 4 to 5 years after the date of the enactment of
this Act, electronic submission of designated immigration
applications and forms which comprise not less than 25 percent
of the total by volume.
(6) Within 6 years after the date of the enactment of this
Act, electronic submission of designated immigration
applications and forms comprising not less than 50 percent of
the total by volume.
(7) Within 8 years after the date of the enactment of this
Act, electronic submission of designated immigration
applications and forms comprising not less than 75 percent of
the total by volume.
(8) Wherever feasible, electronic submission of designated
immigration applications and forms.
(c) Limitations.--Notwithstanding any other provision of this Act,
the Secretary of Homeland Security shall implement an electronic
application process only with respect to immigration, refugee and
asylum, and naturalization services of the United States Government
that the Secretary of Homeland Security determines to be appropriate.
The Secretary of Homeland Security may not implement an electronic
application process with respect to applications by aliens who have
been convicted of a felony or aliens who are residing in the United
States illegally.
(d) Annual Report.--Not later than 1 year after the date of the
submission of the plan under subsection (a) and annually thereafter,
the Secretary of Homeland Security shall submit to the Congress an
annual report which outlines the progress in implementing the plan,
together with any modifications in the projections of the plan.
SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGEMENT SYSTEM.
The Secretary of Homeland Security shall establish within the
immigration, refugee and asylum, and naturalization functions under the
jurisdiction of the Department of Homeland Security a computer network
composed of a state-of-the-art electronic file management system and
computer information system to efficiently receive and process files
submitted electronically, detect incorrectly filled applications and
forms, and securely share information within the network.
SEC. 5. ESTABLISHMENT OF IMMIGRATION, REFUGEE AND ASYLUM, AND
NATURALIZATION FILING SYSTEM THROUGH CERTIFIED SERVICE
PROVIDERS.
(a) In General.--The Secretary of Homeland Security shall establish
within the immigration, refugee and asylum, and naturalization
functions under the jurisdiction of the Department of Homeland Security
a system which provides for the electronic filing and submission of
applications only from organizations and entities certified by the
department to perform immigration and naturalization services on behalf
of applicants.
(b) Certification of Service Providers.--The Secretary of Homeland
Security develop criteria and procedures for the certification of
organizations and entities as service providers. In the certification
of service providers the Secretary of Homeland Security shall consider
the promotion of competition and do everything possible to prevent
monopolies.
(c) Criteria for Certification of Service Providers.--The Secretary
of Homeland Security shall promulgate regulations which provide for the
criteria for certification of service providers which shall include the
following:
(1) Submission security--the ability to verify that a
secure link is established for transmitting applicant
information.
(2) Quality control by the private entity/organization--the
ability to determine that the service providers are competent
and qualified to provide reliable information to applicants on
immigration, refugee and asylum, and naturalization
requirements and procedures necessary to successfully complete
applications.
(3) User identification verification--the ability to
determine that the service provider conducts an adequate
initial identity verification.
(4) The logistical capabilities to participate in the
system.
SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF SERVICE PROVIDERS.
The Secretary of Homeland Security is authorized to establish a
program of grants to nonprofit service providers under section 5 to
assist such entities in obtaining electronic technologies compatible
with those utilized by the immigration, refugee and asylum, and
naturalization functions under the jurisdiction of the Department of
Homeland Security.
SEC. 7. ELECTRONIC DATABASE OF CLOSED FILES.
The National Records Center shall create and maintain an electronic
database of all closed files relating to immigration, refugee and
asylum, and naturalization of the Department of Homeland Security to
speed up the request process on past records for all Federal agencies
that access such files.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to carry out this Act. | Immigration Security and Efficiency Enhancement Act of 2003 - Directs the Secretary of Homeland Security to: (1) implement specified immigration security and efficiency enhancements, including computer and other electronic application and form measures; and (2) establish within the immigration, refugee and asylum, and naturalization functions of the Department of Homeland Security a computerized file management system, and a certified service provider filing system.Authorizes the Secretary to make technology enhancement grants to such service providers.Directs the National Records Center to maintain an electronic database of all closed Department files relating to immigration, refugee and asylum, and naturalization in order to speed up request processing. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anabolic Steroid Control Act of
2004''.
SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS
FACILITIES.
(a) In General.--Part D of the Controlled Substances Act is amended
by adding at the end the following:
anabolic steroid offenses near sports facilities
``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416
by manufacturing, distributing, or possessing with intent to
distribute, an anabolic steroid near or at a sports facility is subject
to twice the maximum term of imprisonment, maximum fine, and maximum
term of supervised release otherwise provided by section 401 for that
offense.
``(b) As used in this section--
``(1) the term `sports facility' means real property where
athletic sports or athletic training takes place, if such
property is privately owned for commercial purposes or if such
property is publicly owned, but does not include any real
property described in section 419;
``(2) the term `near or at' means in or on, or within 1000
feet of; and
``(3) the term `possessing with intent to distribute' means
possessing with the intent to distribute near or at a sports
facility.''.
(b) Table of Contents Amendment.--The table of contents for
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by inserting after the item relating to section 423 the following new
item:
``Sec. 424. Anabolic steroid offenses near sports facilities.''.
SEC. 3. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect
to offenses involving anabolic steroids;
(2) consider amending the Federal sentencing guidelines to
provide for increased penalties with respect to offenses
involving anabolic steroids in a manner that reflects the
seriousness of such offenses and the need to deter anabolic
steroid use; and
(3) take such other action that the Commission considers
necessary to carry out this section.
SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) in paragraph (41)--
(A) by realigning the margin so as to align with
paragraph (40); and
(B) by striking subparagraph (A) and inserting the
following:
``(A) The term `anabolic steroid' means any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids, and
dehydroepiandrosterone), and includes--
``(i) androstanediol--
``(I) 3b,17b-dihydroxy-5a-androstane; and
``(II) 3a,17b-dihydroxy-5a-androstane;
``(ii) androstanedione (5a-androstan-3,17-dione);
``(iii) androstenediol--
``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
androst-1-ene);
``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
androst-1-ene);
``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
4-ene); and
``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
5-ene);
``(iv) androstenedione--
``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
dione);
``(II) 4-androstenedione (androst-4-en-3,17-dione);
and
``(III) 5-androstenedione (androst-5-en-3,17-
dione);
``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
3-one);
``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
en-3-one);
``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
one);
``(ix) dehydrochlormethyltestosterone (4-chloro-17b-
hydroxy-17a-methylandrost-1,4-dien-3-one);
``(x) D1-dihydrotestosterone (also known as 1-testosterone)
(17b-hydroxy-5a-androst-1-en-3-one);
``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
one);
``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
dihydroxyandrost-4-en-3-one);
``(xv) formebolone (2-formyl-17a-methyl-11a,17b-
dihydroxyandrost-1,4-dien-3-one);
``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
furazan);
``(xvii) 13a-ethyl-17b-hydroxygon-4-en-3-one;
``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
en-3-one);
``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-
4-en-3-one);
``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
one);
``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-
3-one);
``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
dien-3-one);
``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
5-ene);
``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
3-one);
``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
4-en-3-one);
``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
3-one);
``(xxvii) 17a-methyl-D1-dihydrotestosterone (17 b-hydroxy-
17a-methyl-5a-androst-1-en-3-one) (also known as `17-a-methyl-
1-testosterone');
``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one);
``(xxix) norandrostenediol--
``(I) 19-nor-4-androstenediol (3b, 17b-
dihydroxyestr-4-ene);
``(II) 19-nor-4-androstenediol (3a, 17b-
dihydroxyestr-4-ene);
``(III) 19-nor-5-androstenediol (3b, 17b-
dihydroxyestr-5-ene); and
``(IV) 19-nor-5-androstenediol (3a, 17b-
dihydroxyestr-5-ene);
``(xxx) norandrostenedione--
``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
dione); and
``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
dione);
``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-
3-one);
``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
one);
``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
3-one);
``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
androstan-3-one);
``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
en-3-one);
``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
hydroxy-[5a]-androstan-3-one);
``(xxxvii) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-
2-eno[3,2-c]-pyrazole);
``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
1-en-3-one);
``(xxxix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic acid lactone);
``(xl) testosterone (17b-hydroxyandrost-4-en-3-one);
``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b-
hydroxygon-4,9,11-trien-3-one);
``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
and
``(xliii) any salt, ester, or ether of a drug or substance
described in this paragraph;''; and
(2) in paragraph (44), by inserting ``anabolic steroids,''
after ``marihuana,''.
(b) Authority and Criteria for Classification.--Section 201(g) of
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
(1) in paragraph (1), by striking ``substance from a
schedule if such substance'' and inserting ``drug which
contains a controlled substance from the application of titles
II and III of the Comprehensive Drug Abuse Prevention and
Control Act (21 U.S.C. 802 et seq.) if such drug''; and
(2) in paragraph (3), by adding at the end the following:
``(C) Upon the recommendation of the Secretary of Health
and Human Services, a compound, mixture, or preparation which
contains any anabolic steroid, which is intended for
administration to a human being or an animal, and which,
because of its concentration, preparation, formulation or
delivery system, does not present any significant potential for
abuse.''.
(c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic
Steroids Control Act of 1990 (Public Law 101-647; 21 U.S.C. 802 note)
is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 5. REPORTING REQUIREMENT.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, in consultation with the
Attorney General, shall prepare and submit a report to the Judiciary
Committee of the House and Senate, and to the Committee on Energy and
Commerce of the House, evaluating the health risks associated with
dietary supplements not scheduled under the amendments made by this Act
which contain substances similar to those added to the list of
controlled substances under those amendments. The report shall include
recommendations on whether such substances should be regulated as
anabolic steroids.
Passed the House of Representatives June 3, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Anabolic Steroid Control Act of 2004 - Amends: (1) the Controlled Substances Act to subject an offense of manufacturing, distributing, or possessing with intent to distribute an anabolic steroid within 1,000 feet of a sports facility to twice the maximum penalty otherwise imposed for a controlled substance violation; and (2) the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include certain steroid precursors (including tetrahydrogestrinone (THG) and androstenedione) and to exclude dehydroepiandrosterone.
Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties.
Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation under the Controlled Substances Act any compound, mixture, or preparation that contains any anabolic steroid that is intended for administration to a human being or an animal and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system.
Directs the Secretary to prepare and submit a report to the House and Senate Judiciary Committees and the House Committee on Energy and Commerce evaluating the health risks associated with dietary supplements not scheduled under this Act which contain substances similar to those added to the list of controlled substances under this Act, including recommendations on whether such substances should be regulated as anabolic steroids. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Catalyst to Better
Diabetes Care Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Medicare diabetes screening collaboration and outreach program.
Sec. 3. Advisory group regarding diabetes and chronic illness employee
wellness incentivization and disease
management best practices.
Sec. 4. National Diabetes Report Card.
Sec. 5. Improvement of vital statistics collection.
Sec. 6. Study on appropriate level of diabetes medical education.
(c) Findings.--The Congress finds as follows:
(1) Diabetes is a chronic public health problem in the
United States that is getting worse.
(2) According to the Centers for Disease Control and
Prevention:
(A) One in three Americans born in 2000 will get
diabetes.
(B) One in two Hispanic females born in 2000 will
get diabetes.
(C) 1,500,000 new cases of diabetes were diagnosed
in adults in 2005.
(D) In 2005, 20,800,000 Americans had diabetes,
which is 7 percent of the population of the United
States.
(E) 6,200,000 Americans are currently undiagnosed.
(F) About one in every 500 children and adolescents
have type 1 diabetes.
(G) African-Americans are nearly twice as likely as
whites to have diabetes.
(H) Nearly 13 percent of American Indians and
Alaska Natives over 20 years old have diagnosed
diabetes.
(I) In States with significant Asian populations,
Asians were 1.5 to 2 times as likely as whites to have
diagnosed diabetes.
(3) Diabetes carries staggering costs:
(A) In 2002, the total amount of the direct and
indirect costs of diabetes was estimated at
$132,000,000,000 according to the American Diabetes
Association.
(B) 18 percent of the Medicare population has
diabetes but spending on this group of people consumes
32 percent of the Medicare budget according to the
Center for Medicare & Medicaid Services.
(4) Diabetes is deadly. According to the Centers for
Disease Control and Prevention:
(A) In 2002, according to death certificate
reports, diabetes contributed to an official number of
224,092 deaths.
(B) Diabetes is likely to be seriously
underreported as studies have found that only 35
percent to 40 percent of decedents with diabetes had it
listed anywhere on the death certificate and only about
10 percent to 15 percent had it listed as the
underlying cause of death.
(5) Diabetes complications carry staggering economic and
human costs for our country and health system:
(A) According to death certificate reports,
diabetes contributes to over 224,000 deaths a year,
although this number is likely vastly underreported.
(B) The risk for stroke is 2 to 4 times higher
among people with diabetes.
(C) Diabetes is the leading cause of new blindness
in America, causing approximately 18,000 new cases of
blindness each year.
(D) Diabetes is the leading cause of kidney failure
in America, accounting for 44 percent of new cases in
2002.
(E) In 2002, 44,400 Americans with diabetes began
treatment for end-stage kidney disease and a total of
153,730 were living on chronic dialysis or with a
kidney transplant as a result of their diabetes.
(F) In 2002, approximately 82,000 amputations were
performed on Americans with diabetes.
(G) Poorly controlled diabetes before conception
and during the first trimester of pregnancy can cause
major birth defects in 5 percent to 10 percent of
pregnancies and spontaneous abortions in 15 percent to
20 percent of pregnancies.
(6) Diabetes is unique because many of its complications
and tremendous costs are largely preventable through early
detection, better education on diabetes self-management, and
improved delivery of available medical treatment:
(A) According to the Agency for Healthcare Research
and Quality, appropriate primary care for diabetes
complications could have saved the Medicare and
Medicaid programs $2,500,000,000 in hospital costs in
2001 alone.
(B) According to the Diabetes Prevention Project
sponsored by the National Institutes of Health,
lifestyle interventions such as diet and moderate
physical activity for those with prediabetes reduced
the development of diabetes by 58 percent; among
Americans aged 60 and over, lifestyle interventions
reduced diabetes by 71 percent.
(C) Research shows detecting and treating diabetic
eye disease can reduce the development of severe vision
loss by 50 percent to 60 percent.
(D) Research shows comprehensive foot care programs
can reduce amputation rates by 45 percent to 85
percent.
(E) Research shows detecting and treating early
diabetic kidney disease by lowering blood pressure can
reduce the decline in kidney function by 30 percent to
70 percent.
SEC. 2. MEDICARE DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM.
(a) Establishment.--With respect to diabetes screening tests
provided for under the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) and for the purposes of
reducing the number of undiagnosed beneficiaries with diabetes or
prediabetes in the Medicare program, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary''), in
collaboration with the Director of the Centers for Disease Control and
Prevention (in this section referred to as the ``Director''), shall--
(1) review uptake and utilization of the diabetes screening
benefit to identify and address any existing problems with
regard to utilization and data collection mechanisms to
accurately track uptake;
(2) establish an outreach program to identify existing
efforts by agencies and by the private and nonprofit sectors to
increase awareness among Medicare beneficiaries and providers
of the diabetes screening benefit; and
(3) maximize economies of scale, cost effectiveness, and
resource allocation in increasing utilization of the diabetes
screening benefit.
(b) Consultation.--In carrying out this section, the Secretary and
the Director shall consult with--
(1) various units of the Federal Government, including the
Centers for Medicare & Medicaid Services, the Surgeon General
of the Public Health Service, the Agency for Healthcare
Research and Quality, the Health Resources and Services
Administration, and the National Institutes of Health; and
(2) entities with an interest in diabetes, including
industry, voluntary health organizations, trade associations,
and professional societies.
SEC. 3. ADVISORY GROUP REGARDING DIABETES AND CHRONIC ILLNESS EMPLOYEE
WELLNESS INCENTIVIZATION AND DISEASE MANAGEMENT BEST
PRACTICES.
(a) Establishment.--The Secretary of Commerce shall establish an
advisory group consisting of representatives of the public and private
sector. The advisory group shall include representatives from the
Department of Commerce, the Department of Health and Human Services,
the Small Business Administration, and public and private sector
entities with experience in administering and operating employee
wellness and disease management programs.
(b) Duties.--The advisory group established under subsection (a)
shall examine and make recommendations of best practices of chronic
illness employee wellness incentivization and disease management
programs in order to--
(1) provide public and private sector entities with
improved information in assessing the role of employee wellness
incentivization and disease management programs in saving money
and improving quality of life for patients with chronic
illnesses; and
(2) encourage the adoption of effective chronic illness
employee wellness and disease management programs.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the advisory group established under subsection (a) shall
submit to the Secretary of Health and Human Services, the Speaker and
Minority Leader of the House of Representatives, and the Majority
Leader and Minority Leader of the Senate, the results of the
examination under subsection (b)(1).
SEC. 4. NATIONAL DIABETES REPORT CARD.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ``Director''), shall prepare on a
biennial basis a national diabetes report card (referred to in this
section as a ``Report Card'') for the Nation and, to the extent
possible, for each State.
(b) Contents.--
(1) In general.--Each Report Card shall include
statistically valid aggregate health outcomes related to
individuals diagnosed with diabetes and prediabetes including--
(A) preventative care practices and quality of
care;
(B) risk factors; and
(C) outcomes.
(2) Updated reports.--Each Report Card that is prepared
after the initial Report Card shall include trend analysis for
the Nation and, to the extent possible, for each State, for the
purpose of--
(A) tracking progress in meeting established
national goals and objectives for improving diabetes
care, costs, and prevalence (including Healthy People
2010); and
(B) informing policy and program development.
(c) Availability.--The Secretary, in collaboration with the
Director, shall make each Report Card publicly available, including by
posting the Report Card on the Internet.
SEC. 5. IMPROVEMENT OF VITAL STATISTICS COLLECTION.
(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 and in
collaboration with appropriate agencies and States, shall--
(1) promote the education and training of physicians on the
importance of birth and death certificate data and how to
properly complete these documents, including the collection of
such data for diabetes and other chronic diseases;
(2) encourage State adoption of the latest standard
revisions of birth and death certificates; and
(3) work with States to re-engineer their vital statistics
systems in order to provide cost-effective, timely, and
accurate vital systems data.
(b) Death Certificate Additional Language.--In carrying out this
section, the Secretary may promote the addition of language to death
certificates to improve collection of diabetes mortality data,
including the addition of a question for the individual certifying to
the cause of death regarding whether the deceased had diabetes.
SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, in collaboration
with the Institute of Medicine and appropriate associations and
councils, conduct a study of the impact of diabetes on the practice of
medicine in the United States and the appropriateness of the level of
diabetes medical education that should be required prior to licensure,
board certification, and board recertification.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the study under
subsection (a) to the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate. | Catalyst to Better Diabetes Care Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of the Medicare diabetes screening benefit; (2) establish an outreach program to identify existing efforts to increase awareness of the diabetes screening benefit among Medicare beneficiaries and providers; and (3) maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the diabetes screening benefit.
Requires the Secretary of Commerce to establish an advisory group to examine and recommend best practices of chronic illness employee wellness incentivization and disease management programs.
Directs the Secretary to prepare, biennially, a diabetes report card for the nation and for each state.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote the addition to death certificates of language to improve the collection of diabetes mortality data.
Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. | billsum_train |
Provide a condensed version of the following text: SECTION 1. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE STATE TAX
OBLIGATIONS AGAINST OVERPAYMENTS.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
is amended by redesignating subsections (e) through (i) as subsections
(f) through (j), respectively, and by inserting after subsection (d)
the following new subsection:
``(e) Collection of Past-Due, Legally Enforceable State Tax
Obligations.--
``(1) In general.--Upon receiving notice from any State
that a named person owes a past-due, legally enforceable State
tax obligation to such State, the Secretary shall, under such
conditions as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State tax
obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State and notify
such State of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State tax obligation.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers and addresses of each person filing such
return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment,
``(ii) subsection (c) with respect to past-
due support (defined in section 464(c) of the
Social Security Act) assigned to the State
under section 402(a)(26) or 471(a)(17) of the
Social Security Act, and
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency, and
``(B) before such overpayment is credited to--
``(i) past-due support (defined in section
464(c) of the Social Security Act) not assigned
to a State pursuant to subsection (c), and
``(ii) the future liability for any Federal
internal revenue tax of such person pursuant to
subsection (b).
If the Secretary receives notice from one or more State
agencies of more than one debt subject to paragraph (1) that is
owed by such person to such an agency, any overpayment by such
person shall be applied against such debts in the order in
which such debts accrued.
``(3) Notice; consideration of evidence.--No State may take
action under this subsection until such State--
``(A) notifies the person owing the past-due State
tax liability that the State proposes to take action
pursuant to this section,
``(B) gives such person at least 60 days to present
evidence that all or part of such liability is not
past-due or not legally enforceable,
``(C) considers any evidence presented by such
person and determines that an amount of such debt is
past-due and legally enforceable, and
``(D) satisfies such other conditions as the
Secretary may prescribe to ensure that the
determination made under subparagraph (C) is valid and
that the State has made reasonable efforts to obtain
payment of such State tax obligation.
``(4) Past-due, legally enforceable state tax obligation.--
For purposes of this subsection, the term `past-due, legally
enforceable State tax obligation' means a debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of
competent jurisdiction which has determined an
amount of State tax to be due, or
``(II) a determination after an
administrative hearing which has determined an
amount of State tax to be due, and
``(ii) which is no longer subject to judicial
review, or
``(B) which resulted from a State tax which has
been assessed but not collected, the time for
redetermination of which has expired, and which has not
been delinquent for more than 10 years.
For purposes of this paragraph, the term `State tax' includes
any local tax administered by the chief tax administration
agency of the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States must submit
notices of past-due, legally enforceable State tax obligations
and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the
minimum amount of debt to which the reduction procedure
established by paragraph (1) may be applied and that the State
may pay a fee to reimburse the Secretary for the cost of
applying such procedure. Any fee paid to the Secretary pursuant
to the preceding sentence shall be used to reimburse
appropriations which bore all or part of the cost of applying
such procedure.
``(6) Erroneous payment to state.--Any State receiving
notice from the Secretary that an erroneous payment has been
made to such State under paragraph (1) shall pay promptly to
the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State under such paragraph have been paid to
such State).''
(b) Disclosure of Certain Information to States Requesting Refund
Offsets for Past-Due, Legally Enforceable State Tax Obligations.--
(1) Subsection (d) of section 6103 of such Code is amended
by adding at the end thereof the following new paragraph:
``(5) Disclosure of certain information to states
requesting a reduction under section 6402(e).--
``(A) Return information from the internal revenue
service.--The Secretary may, upon written request,
disclose to State tax officials or employees of a State
seeking a reduction under subsection (e) of section
6402--
``(i) the fact that a reduction has been
made or has not been made under such subsection
with respect to any person;
``(ii) the amount of such reduction; and
``(iii) taxpayer identifying information of
the person against whom a reduction was made or
not made.
``(B) Restriction on use of disclosed
information.--Any State tax official or employee of a
State receiving return information under subparagraph
(A) shall use such information only for the purposes
of, and to the extent necessary in, establishing
appropriate agency records or in defense of any
litigation or administrative procedure ensuing from a
reduction made under section 6402(e).''
(2) Section 6103(p)(3)(A) of such Code is amended by
striking out ``(c), (e)'' and inserting in lieu thereof ``(c),
(d)(5), (e)''.
(3) Clause (i) of section 6103(p)(3)(C) of such Code is
amended by inserting ``(other than paragraph (5))'' after
``(d)''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 6402 of such Code is amended
by striking ``(c) and (d)'' and inserting ``(c), (d), and
(e)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and before such overpayment'' and
inserting ``and before such overpayment is reduced pursuant to
subsection (e) and before such overpayment''.
(3) Subsection (f) of section 6402 of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``(c) or (d)'' and inserting ``(c),
(d), or (e)'', and
(B) by striking ``Federal agency'' and inserting
``Federal agency or State''.
(4) Subsection (h) of section 6402 of such Code, as
redesignated by subsection (a), is amended by striking
``subsection (c)'' and inserting ``subsection (c) or (e)''.
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable under section 6402 of the Internal Revenue
Code of 1986 after December 31, 1994. | Amends the Internal Revenue Code to allow the reduction of any tax credit or refund to pay past-due, legally enforceable State tax obligations. Provides for the disclosure of information to States requesting such a reduction. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabinet-Level Interagency Task Force
on Welfare Reform Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a cabinet-level interagency
task force to develop a comprehensive legislative proposal that
coordinates and reforms all Federal programs that provide assistance to
individuals with limited incomes in order to help such individuals
achieve self-sufficiency within a reasonable period of time.
SEC. 3. ESTABLISHMENT.
There is established a cabinet-level interagency task force to be
known as the ``Cabinet-Level Interagency Task Force on Welfare Reform''
(in this Act referred to as the ``Task Force'').
SEC. 4. DUTIES.
The Task Force shall--
(1) review all Federal programs that provide assistance to
individuals with limited incomes;
(2) in consultation with appropriate State and local
officials, develop a comprehensive legislative proposal that
coordinates and reforms such programs by--
(A) providing assistance under such programs
according to a coordinated plan under which services
are designed to meet the needs of each such individual;
(B) establishing eligibility standards for such
programs to allow maximum flexibility for such
individuals;
(C) establishing a single application form and
process for assistance under such programs, including a
single location at which an individual can apply for
and receive such assistance; and
(D) establishing as the clear purpose of all
assistance to individuals with limited incomes the goal
of self-sufficiency and independence for such
individuals; and
(3) not later than 6 months after the date of the enactment
of this Act, submit a report to the Congress which contains the
legislative proposal developed under paragraph (2).
SEC. 5. MEMBERSHIP.
(a) Number.--The Task Force shall be composed of 6 members as
follows:
(1) The Secretary of Agriculture.
(2) The Secretary of Education.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Housing and Urban Development.
(5) The Secretary of Labor.
(6) The Secretary of the Treasury.
(b) Terms.--Each member shall be appointed for the life of the Task
Force.
(c) Chairperson.--The Task Force shall elect a chairperson from
among its members.
(d) Basic Pay.--
(1) In general.--Except as provided in paragraph (2), each
member shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(e) Meetings.--The Task Force shall meet at the call of the
chairperson.
(f) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Task Force shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the Task
Force.
(b) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Task Force to assist the Task
Force in carrying out its duties.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Task Force may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-13 of the General Schedule.
SEC. 7. POWERS.
(a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Task Force
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Task Force to the
extent such information is not prohibited from disclosure by law.
(b) Mails.--The Task Force may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Task Force, on a reimbursable basis, the administrative support
services necessary for the Task Force to carry out its duties.
(d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Task Force to carry out its duties.
SEC. 8. TERMINATION.
The Task Force shall terminate 3 months after the date on which the
Commission submits to the Congress the report under section 4(3). | Cabinet-Level Interagency Task Force on Welfare Reform Act of 1993 - Establishes the Cabinet-Level Interagency Task Force on Welfare Reform to develop a comprehensive legislative proposal that coordinates and reforms all Federal programs that provide assistance to individuals with limited incomes in order to help them achieve self-sufficiency within a reasonable period of time. | billsum_train |
Condense the following text into a summary: TITLE V--TAX PROVISIONS
SEC. 500. SHORT TITLE; ETC.
(a) Short Title.--This title may be cited as the ``Small Business
Jobs Tax Relief Act of 2010''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title 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.
(c) Table of Contents.--The table of contents for this title is as
follows:
Sec. 500. Short title; etc.
Subtitle A--Small Business Tax Incentives
Part 1--General Provisions
Sec. 501. Temporary exclusion of 100 percent of gain on certain small
business stock.
Part 2--Limitations and Reporting on Certain Penalties
Sec. 511. Limitation on penalty for failure to disclose certain
information.
Sec. 512. Annual reports on penalties and certain other enforcement
actions.
Part 3--Other Provisions
Sec. 521. Increase in amount allowed as deduction for start-up
expenditures.
Sec. 522. Nonrecourse small business investment company loans from the
Small Business Administration treated as
amounts at risk.
Sec. 523. Benefits under the Small Business Borrower Assistance Program
excluded from gross income.
Subtitle B--Revenue Provisions
Sec. 531. Required minimum 10-year term, etc., for grantor retained
annuity trusts.
Sec. 532. Crude tall oil ineligible for cellulosic biofuel producer
credit.
Sec. 533. Time for payment of corporate estimated taxes.
Subtitle A--Small Business Tax Incentives
PART 1--GENERAL PROVISIONS
SEC. 501. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL
BUSINESS STOCK.
(a) In General.--Subsection (a) of section 1202 is amended by
adding at the end the following new paragraph:
``(4) Special 100 percent exclusion.--In the case of
qualified small business stock acquired after March 15, 2010,
and before January 1, 2012--
``(A) paragraph (1) shall be applied by
substituting `100 percent' for `50 percent',
``(B) paragraph (2) shall not apply, and
``(C) paragraph (7) of section 57(a) shall not
apply.''.
(b) Conforming Amendments.--Paragraph (3) of section 1202(a) is
amended--
(1) by striking ``after the date of the enactment of this
paragraph and before January 1, 2011'' and inserting ``after
February 17, 2009, and before March 16, 2010''; and
(2) by striking ``Special rules for 2009 and 2010'' in the
heading and inserting ``Special 75 percent exclusion''.
(c) Effective Date.--The amendments made by this section shall
apply to stock acquired after March 15, 2010.
PART 2--LIMITATIONS AND REPORTING ON CERTAIN PENALTIES
SEC. 511. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE CERTAIN
INFORMATION.
(a) In General.--Subsection (b) of section 6707A is amended to read
as follows:
``(b) Amount of Penalty.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the penalty under subsection (a) with
respect to any reportable transaction shall be 75 percent of
the decrease in tax shown on the return as a result of such
transaction (or which would have resulted from such transaction
if such transaction were respected for Federal tax purposes).
``(2) Maximum penalty.--The amount of the penalty under
subsection (a) with respect to any reportable transaction for
any taxable year shall not exceed--
``(A) in the case of a listed transaction, $200,000
($100,000 in the case of a natural person), or
``(B) in the case of any other reportable
transaction, $50,000 ($10,000 in the case of a natural
person).
``(3) Minimum penalty.--The amount of the penalty under
subsection (a) with respect to any transaction for any taxable
year shall not be less than $10,000 ($5,000 in the case of a
natural person).''.
(b) Effective Date.--The amendment made by this section shall apply
to penalties assessed after December 31, 2006.
SEC. 512. ANNUAL REPORTS ON PENALTIES AND CERTAIN OTHER ENFORCEMENT
ACTIONS.
(a) In General.--The Commissioner of Internal Revenue, in
consultation with the Secretary of the Treasury, shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate an annual report on the penalties
assessed by the Internal Revenue Service during the preceding year
under each of the following provisions of the Internal Revenue Code of
1986:
(1) Section 6662A (relating to accuracy-related penalty on
understatements with respect to reportable transactions).
(2) Section 6700(a) (relating to promoting abusive tax
shelters).
(3) Section 6707 (relating to failure to furnish
information regarding reportable transactions).
(4) Section 6707A (relating to failure to include
reportable transaction information with return).
(5) Section 6708 (relating to failure to maintain lists of
advisees with respect to reportable transactions).
(b) Additional Information.--The report required under subsection
(a) shall also include information on the following with respect to
each year:
(1) Any action taken under section 330(b) of title 31,
United States Code, with respect to any reportable transaction
(as defined in section 6707A(c) of the Internal Revenue Code of
1986).
(2) Any extension of the time for assessment of tax
enforced, or assessment of any amount under such an extension,
under paragraph (10) of section 6501(c) of the Internal Revenue
Code of 1986.
(c) Date of Report.--The first report required under subsection (a)
shall be submitted not later than December 31, 2010.
PART 3--OTHER PROVISIONS
SEC. 521. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP
EXPENDITURES.
(a) In General.--Subsection (b) of section 195 is amended by adding
at the end the following new paragraph:
``(3) Increased limitation for taxable years beginning in
2010 or 2011.--In the case of any taxable year beginning in
2010 or 2011, paragraph (1)(A)(ii) shall be applied--
``(A) by substituting `$20,000' for `$5,000', and
``(B) by substituting `$75,000' for `$50,000'.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 522. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE
SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK.
(a) In General.--Subparagraph (B) of section 465(b)(6) is amended
to read as follows:
``(B) Qualified nonrecourse financing.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
nonrecourse financing' means any financing--
``(I) which is qualified real
property financing or qualified SBIC
financing,
``(II) except to the extent
provided in regulations, with respect
to which no person is personally liable
for repayment, and
``(III) which is not convertible
debt.
``(ii) Qualified real property financing.--
The term `qualified real property financing'
means any financing which--
``(I) is borrowed by the taxpayer
with respect to the activity of holding
real property,
``(II) is secured by real property
used in such activity, and
``(III) is borrowed by the taxpayer
from a qualified person or represents a
loan from any Federal, State, or local
government or instrumentality thereof,
or is guaranteed by any Federal, State,
or local government.
``(iii) Qualified sbic financing.--The term
`qualified SBIC financing' means any financing
which--
``(I) is borrowed by a small
business investment company (within the
meaning of section 301 of the Small
Business Investment Act of 1958), and
``(II) is borrowed from, or
guaranteed by, the Small Business
Administration under the authority of
section 303(b) of such Act.''.
(b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6)
is amended--
(1) by striking ``in the case of an activity of holding
real property,''; and
(2) by striking ``which is secured by real property used in
such activity''.
(c) Effective Date.--The amendments made by this section shall
apply to loans and guarantees made after the date of the enactment of
this Act.
SEC. 523. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE PROGRAM
EXCLUDED FROM GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by adding at the end the following new section:
``SEC. 139F. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE
PROGRAM.
``(a) In General.--Gross income shall not include any amount paid
on behalf of a borrower by the Administrator of the Small Business
Administration under the Small Business Borrower Assistance program
established under section 402 of the Small Business Assistance Fund Act
of 2010 (as in effect immediately after the date of the enactment of
such Act).
``(b) Denial of Double Benefit.--Notwithstanding any other
provision of this subtitle, with respect to the person for whose
benefit a payment described in subsection (a) is made--
``(1) Interest.--No deduction shall be allowed for interest
to the extent the liability for such interest is covered by
such payment.
``(2) Payments of principal.--If any payment is applied to
reduce the principal of the loan to which such payment
relates--
``(A) Allocation among financed expenditures.--Such
payment shall be allocated pro rata among the
expenditures financed with such loan.
``(B) Credits and deductible expenses.--No
deduction or credit shall be allowed for, or by reason
of, any such expenditure to the extent of the amount of
the payment allocated to such expenditure under
subparagraph (A).
``(C) Adjustment of basis.--The adjusted basis of
any property acquired with such expenditure shall be
reduced to the extent of the amount of the payment
allocated to such expenditure under subparagraph
(A).''.
(b) Clerical Amendments.--The table of sections for part III of
subchapter B of chapter 1 is amended by adding at the end the following
new item:
``Sec. 139F. Benefits under the Small Business Borrower Assistance
Program.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
Subtitle B--Revenue Provisions
SEC. 531. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED
ANNUITY TRUSTS.
(a) In General.--Subsection (b) of section 2702 is amended--
(1) by redesignating paragraphs (1), (2) and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs (as so redesignated) 2 ems to the right;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'';
(3) by striking ``paragraph (1) or (2)'' in paragraph
(1)(C) (as so redesignated) and inserting ``subparagraph (A) or
(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Additional requirements with respect to grantor
retained annuities.--For purposes of subsection (a), in the
case of an interest described in paragraph (1)(A) (determined
without regard to this paragraph) which is retained by the
transferor, such interest shall be treated as described in such
paragraph only if--
``(A) the right to receive the fixed amounts
referred to in such paragraph is for a term of not less
than 10 years,
``(B) such fixed amounts, when determined on an
annual basis, do not decrease relative to any prior
year during the first 10 years of the term referred to
in subparagraph (A), and
``(C) the remainder interest has a value greater
than zero determined as of the time of the transfer.''.
(b) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
SEC. 532. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC BIOFUEL PRODUCER
CREDIT.
(a) In General.--Clause (iii) of section 40(b)(6)(E) is amended--
(1) by striking ``or'' at the end of subclause (I),
(2) by striking the period at the end of subclause (II) and
inserting ``, or'',
(3) by adding at the end the following new subclause:
``(III) such fuel has an acid
number greater than 25.'', and
(4) by striking ``unprocessed'' in the heading and
inserting ``certain''.
(b) Effective Date.--The amendment made by this section shall apply
to fuels sold or used on or after January 1, 2010.
SEC. 533. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the Hiring
Incentives to Restore Employment Act in effect on the date of the
enactment of this Act is increased by 7.75 percentage points. | Title V: Tax Provisions - Small Business Jobs Tax Relief Act of 2010 - Subtitle A: Small Business Tax Incentives - Part 1: General Provisions - (Sec. 501) Amends the Internal Revenue Code to increase from 50% to 100% the exclusion from gross income of the gain from the sale or exchange of qualified small business stock acquired after March 15, 2010, and before January 1, 2012.
Part 2: Limitations and Reporting on Certain Penalties - (Sec. 511) Limits the penalty for failure to disclose a reportable transaction (a transaction determined by the Internal Revenue Service [IRS] as having a potential for tax avoidance or evasion) to 75% of the decrease in tax resulting from such transaction.
(Sec. 512) Requires the Commissioner of Internal Revenue to report by December 31, 2010, and annually thereafter, to the House Committee on Ways and Means and the Senate Committee on Finance on penalties assessed for certain tax shelters and reportable transactions.
Part 3: Other Provisions - (Sec. 521) Increases the tax deduction for trade or business start-up expenditures from $5,000 to $20,000 in 2010 and 2011.
(Sec. 522) Revises the definition of "qualified nonrecourse financing" to include qualified nonrecourse real property or Small Business Investment Company financing as amounts at risk for purposes of determining the deductibility of losses from certain investment activities, including farming, leasing, and energy exploration.
(Sec. 523) Excludes from gross income any amount paid for a borrower under the Small Business Administration (SBA) borrower assistance program.
Subtitle B: Revenue Provisions - (Sec. 531) Revises rules for valuing assets in grantor retained annuity trusts to require that the right to receive fixed amounts from an annuity last for a term of not less than 10 years, that such fixed amounts not decrease during the first 10 years of the annuity term, and that the remainder interest have a value greater than zero when transferred.
(Sec. 532) Excludes any fuel with an acid number greater than 25 from the definition of "cellulosic biofuel" for purposes of the tax credit for alcohol used as fuel.
(Sec. 533) Increases by 7.75% the estimated tax installment for the third quarter of 2015 for corporations with assets of not less than $1 billion. | billsum_train |
Make a summary of the following text: SECTION 1. TREATMENT OF CERTAIN CHARITABLE RISK POOLS.
(a) General Rule.--Section 501 of the Internal Revenue Code of 1986
(relating to exemption from tax on corporations, certain trusts, etc.)
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Charitable Risk Pools.--
``(1) In general.--For purposes of this title--
``(A) a qualified charitable risk pool shall be
treated as an organization organized and operated
exclusively for charitable purposes, and
``(B) subsection (m) shall not apply to a qualified
charitable risk pool.
``(2) Qualified charitable risk pool.--For purposes of this
subsection, the term `qualified charitable risk pool' means any
organization--
``(A) which is organized and operated solely to
pool insurable risks of its members (other than risks
related to medical malpractice) and to provide
information to its members with respect to loss control
and risk management,
``(B) no part of the net earnings of which inures
to the benefit of any member or other person other than
through providing insurance coverage (or information)
described in subparagraph (A),
``(C) which is comprised solely of members that are
organizations described in subsection (c)(3) and exempt
from tax under subsection (a), and
``(D) which meets the organizational requirements
of paragraph (3).
``(3) Organizational requirements.--An organization
(hereinafter in this subsection referred to as the `risk pool')
meets the organizational requirements of this paragraph if--
``(A) such risk pool is organized as a nonprofit
organization under State law provisions authorizing
risk pooling arrangements for charitable organizations,
``(B) such risk pool is exempt from any income tax
imposed by the State (or will be so exempt after such
pool qualifies as an organization exempt from tax under
this title),
``(C) such risk pool has obtained at least
$1,000,000 in startup capital from nonmember charitable
organizations,
``(D) such risk pool is controlled by a board of
directors elected by its members, and
``(E) the organizational documents of such risk
pool require that--
``(i) each member of such pool shall at all
times be an organization described in
subsection (c)(3) and exempt from tax under
subsection (a),
``(ii) any member which receives a final
determination that it no longer qualifies as an
organization described in subsection (c)(3)
shall immediately notify the pool of such
determination and the effective date of such
determination, and
``(iii) each policy of insurance issued by
the risk pool shall provide that such policy
will not cover the insured with respect to
events occurring after the date such final
determination was issued to the insured.
An organization shall not cease to qualify as a qualified
charitable risk pool solely by reason of the failure of any of
its members to continue to be an organization described in
subsection (c)(3) if, within a reasonable period of time after
such pool is notified as required under subparagraph (C)(ii),
such pool takes such action as may be reasonably necessary to
remove such member from such pool.
``(4) Other definitions.--For purposes of this subsection--
``(A) Startup capital.--The term `startup capital'
means any capital contributed to, and any program-
related investments (within the meaning of section
4944(c)) made in, the risk pool before such pool
commences operations.
``(B) Nonmember charitable organization.--The term
`nonmember charitable organization' means any
organization which is described in subsection (c)(3)
and exempt from tax under subsection (a) and which is
not a member of the risk pool and does not benefit
(directly or indirectly) from the insurance coverage
provided by the pool to its members.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1991. | Amends the Internal Revenue Code to allow a tax exemption for charitable risk pools organized and operated exclusively for charitable purposes. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Gathering Act of
2002''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to require the Secretary of Homeland Security, for the
first 5 years after the date of enactment of the National
Homeland Security and Combating Terrorism Act of 2002, to
submit a semi-annual report to Congress on--
(A) the specific policies and procedures governing
the sharing of law enforcement, intelligence, and other
information relating to threats of terrorism against
the United States and other threats to homeland
security within the Federal government, including the
Federal Bureau of Investigation, and between the
Federal Government, State and local governments, local
law enforcement, and intelligence agencies;
(B) the specific policies and procedures for the
tasking of information between the Department of
Homeland Security and other agencies of the Federal
Government, including the Federal Bureau of
Investigation, and between the Federal Government,
State and local governments, local law enforcement, and
intelligence agencies; and
(C) the nature of law enforcement information the
Department of Homeland Security has received from the
Federal Bureau of Investigation and State and local law
enforcement agencies;
(2) to provide relevant information to Congress to assist
in determining if the sharing of intelligence between the
Department of Homeland Security and the Federal Bureau of
Investigation is working efficiently and effectively; and
(3) to enable Congress to accurately determine if the
Department of Homeland Security is working effectively with the
Federal, State, and local law enforcement agencies so that an
accurate and useful exchange of information occurs between the
Department of Homeland Security and such agencies.
SEC. 3. INFORMATION ANALYSIS REPORT.
(a) In General.--The Department of Homeland Security (in this
section referred to as the ``Department'') shall study the issues under
subsection (b) and submit a report of such study to Congress not less
than every 6 months during the 5 years following the enactment of the
National Homeland Security and Combating Terrorism Act of 2002, without
disclosing the actual substance of any information relating to national
security.
(b) Issues To Be Studied.--The report under subsection (a) shall
include--
(1) the policies and procedures developed by the
Department--
(A) to obtain relevant information from the Federal
Government (including the Federal Bureau of
Investigation) and State and local law enforcement
agencies;
(B) to request follow-up information and
investigation from such entities; and
(C) for sharing information with other Federal,
State, and local government agencies;
(2) the specific rules and practices developed between the
Department and other Federal, State, and local government
agencies;
(3) the nature and type of information--
(A) shared with Federal, State, and local
government agencies; and
(B) related to law enforcement, intelligence, and
homeland security that was received by the Department
during the relevant reporting period, including
reports, documents, summaries, tapes, and photographs;
(4) a list of the agencies that have received information
under paragraph (3)(A), including whether the information was
provided by the Department upon the request of such agency;
(5) a summary of the items received by the Department from
the Federal Bureau of Investigation, including--
(A) individual witness grand jury transcripts;
(B) notes of witness interviews
(C) wire-tap applications;
(D) wire-tap transcripts (including actual tapes);
(E) search warrant applications;
(F) search warrants;
(G) photographs;
(H) videos;
(I) computer disks;
(J) summary reports; and
(K) any other relevant items;
(6) the nature of the follow-up requests made by the
Department--
(A) for information and intelligence from the
Federal Bureau of Investigation;
(B) for raw intelligence data from the Federal
Bureau of Investigation; and
(C) that required additional investigation by the
Federal Bureau of Investigation;
(7) the nature of each follow-up request made by the
Department to the Federal Bureau of Investigation, including
whether the request related to a witness interview, subpoena
information, surveillance, or undercover work;
(8) the efforts that have been made by the Department and
the Federal Bureau of Investigation to improve
interdepartmental communication, including the development of
computer programs to facilitate electronic communication
between the Department and the Federal Bureau of Investigation;
(9) the general nature of investigations conducted by
analysts of the Department and any similar analyses performed
by the Federal Bureau of Investigation; and
(10) the identification of the method of transmission of
all information provided to the Department, whether transmitted
by mail, computer, or messenger. | Intelligence Gathering Act of 2002 - Requires the Department of Homeland Security to study and report to Congress on the following issues semi-annually for five years following enactment of the National Homeland Security and Combating Terrorism Act of 2002: (1) Department policies and procedures for obtaining and sharing relevant information from the Federal Government and State and local law enforcement agencies; (2) rules and practices developed between the Department and other Federal, State, and local government agencies; (3) the nature and type of information shared and related to law enforcement, intelligence, and homeland security; (4) agencies that have received such information; (5) a summary of specified items, such as wire-tap transcripts and search warrants, received from the Federal Bureau of Investigation (FBI); (6) the nature of information follow-up requests made by the Department; (7) the nature of follow-up requests made to the FBI; (8) efforts made by the Department and the FBI to improve interdepartmental communication; (9) the general nature of investigations conducted by Department analysts and similar analyses performed by the FBI; and (10) the method of transmission (mail, computer, or messenger) of all information provided to the Department. | billsum_train |
Create a summary of the following text: SECTION 1. CRIMINAL PENALTIES.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 101 the following:
``CHAPTER 101A--REPORTING STANDARDS
``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.
``Sec. 2081. Definitions
``In this chapter--
``(1) the term `appropriate Federal agency' means an agency
with jurisdiction over a covered product, covered service, or
business practice;
``(2) the term `business entity' means a corporation,
company, association, firm, partnership, sole proprietor, or
other business entity;
``(3) the term `business practice' means a method or
practice of--
``(A) manufacturing, assembling, designing,
researching, importing, or distributing a covered
product;
``(B) conducting, providing, or preparing to
provide a covered service; or
``(C) otherwise carrying out business operations
relating to covered products or covered services;
``(4) the term `covered product' means a product
manufactured, assembled, designed, researched, imported, or
distributed by a business entity that enters interstate
commerce;
``(5) the term `covered service' means a service conducted
or provided by a business entity that enters interstate
commerce;
``(6) the term `responsible corporate officer' means a
person who--
``(A) is an employer, director, or officer of a
business entity;
``(B) has the responsibility and authority, by
reason of his or her position in the business entity
and in accordance with the rules or practice of the
business entity, to acquire knowledge of any serious
danger associated with a covered product (or component
of a covered product), covered service, or business
practice of the business entity; and
``(C) has the responsibility, by reason of his or
her position in the business entity, to communicate
information about the serious danger to--
``(i) an appropriate Federal agency;
``(ii) employees of the business entity; or
``(iii) individuals, other than employees
of the business entity, who may be exposed to
the serious danger;
``(7) the term `serious bodily injury' means an impairment
of the physical condition of an individual, including as a
result of trauma, repetitive motion, or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(8) the term `serious danger' means a danger, not readily
apparent to a reasonable person, that the normal or reasonably
foreseeable use of, or the exposure of an individual to, a
covered product, covered service, or business practice has an
imminent risk of causing death or serious bodily injury to an
individual; and
``(9) the term `warn affected employees' means take
reasonable steps to give, to each individual who is exposed or
may be exposed to a serious danger in the course of work for a
business entity, a description of the serious danger that is
sufficient to make the individual aware of the serious danger.
``Sec. 2082. Failure to inform and warn
``(a) Requirement.--After acquiring actual knowledge of a serious
danger associated with a covered product (or component of a covered
product), covered service, or business practice of a business entity, a
business entity and any responsible corporate officer with respect to
the covered product, covered service, or business practice, shall--
``(1) as soon as practicable and not later than 24 hours
after acquiring such knowledge, verbally inform an appropriate
Federal agency of the serious danger, unless the business
entity or responsible corporate officer has actual knowledge
that an appropriate Federal agency has been so informed;
``(2) not later than 15 days after acquiring such
knowledge, inform an appropriate Federal agency in writing of
the serious danger;
``(3) as soon as practicable, warn affected employees in
writing, unless the business entity or responsible corporate
officer has actual knowledge that affected employees have been
so warned; and
``(4) as soon as practicable, inform individuals, other
than affected employees, who may be exposed to the serious
danger of the serious danger if such individuals can reasonably
be identified.
``(b) Penalty.--
``(1) In general.--Whoever knowingly violates subsection
(a) shall be fined under this title, imprisoned for not more
than 5 years, or both.
``(2) Prohibition of payment by business entities.--If a
final judgment is rendered and a fine is imposed on an
individual under this subsection, the fine may not be paid,
directly or indirectly, out of the assets of any business
entity on behalf of the individual.
``(c) Civil Action To Protect Against Retaliation.--
``(1) Prohibition.--It shall be unlawful to knowingly
discriminate against any person in the terms or conditions of
employment, in retention in employment, or in hiring because
the person informed a Federal agency, warned employees, or
informed other individuals of a serious danger associated with
a covered product, covered service, or business practice, as
required under this section.
``(2) Enforcement action.--
``(A) In general.--A person who alleges discharge
or other discrimination by any person in violation of
paragraph (1) may seek relief under paragraph (3), by--
``(i) filing a complaint with the Secretary
of Labor; or
``(ii) if the Secretary has not issued a
final decision within 180 days of the filing of
the complaint and there is no showing that such
delay is due to the bad faith of the claimant,
bringing an action at law or equity for de novo
review in the appropriate district court of the
United States, which shall have jurisdiction
over such an action without regard to the
amount in controversy.
``(B) Procedure.--
``(i) In general.--An action under
subparagraph (A)(i) shall be governed under the
rules and procedures set forth in section
42121(b) of title 49.
``(ii) Exception.--Notification made under
section 42121(b)(1) of title 49 shall be made
to the person named in the complaint and to the
employer.
``(iii) Burdens of proof.--An action
brought under subparagraph (A)(ii) shall be
governed by the legal burdens of proof set
forth in section 42121(b) of title 49.
``(iv) Statute of limitations.--An action
under subparagraph (A) shall be commenced not
later than 180 days after the date on which the
violation occurs, or after the date on which
the employee became aware of the violation.
``(v) Jury trial.--A party to an action
brought under subparagraph (A)(ii) shall be
entitled to trial by jury.
``(3) Remedies.--
``(A) In general.--An employee prevailing in any
action under paragraph (2)(A) shall be entitled to all
relief necessary to make the employee whole.
``(B) Compensatory damages.--Relief for any action
under subparagraph (A) shall include--
``(i) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
``(ii) the amount of back pay, with
interest; and
``(iii) compensation for any special
damages sustained as a result of the
discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
``(4) Rights retained by employee.--Nothing in this
subsection shall be deemed to diminish the rights, privileges,
or remedies of any employee under any Federal or State law, or
under any collective bargaining agreement.
``(5) Nonenforceability of certain provisions waiving
rights and remedies or requiring arbitration of disputes.--
``(A) Waiver of rights and remedies.--The rights
and remedies provided for in this subsection may not be
waived by any agreement, policy form, or condition of
employment, including by a predispute arbitration
agreement.
``(B) Predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or
enforceable, if the agreement requires arbitration of a
dispute arising under this subsection.
``Sec. 2083. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
a group or class of consumers, employees, or citizens in any proceeding
or activity.
``(b) Rule of Construction.--Nothing in this chapter shall be
construed to--
``(1) increase the time period for informing of a serious
danger or other harm under any other provision of law; or
``(2) limit or otherwise reduce the penalties for any
violation of Federal or State law under any other provision of
law.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 101 the following:
``101A. Reporting standards................................ 2081''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 1 year after the date of
enactment of this Act. | Amends the federal criminal code to require a business entity and any responsible corporate officer, after acquiring actual knowledge of a serious danger associated with a product, service, or business practice of such entity: (1) within 24 hours, to verbally inform an appropriate federal agency; (2) within 15 days, to inform an appropriate federal agency in writing; and (3) as soon as practicable, to warn affected employees in writing and to inform other individuals who may be exposed to the danger if such individuals can reasonably be identified. Sets forth penalties for violations of this Act, but prohibits any fine imposed on an individual from being paid out of the assets of the business entity. Prohibits knowingly discriminating against any person in hiring, retention, or the terms or conditions of employment because the person informed a federal agency, warned employees, or informed other individuals of such a danger. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Research and Development
and Consumer Protection Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Public health needs are advanced by the development and
distribution of new drug therapies
(2) The public interest in the development of new drug
therapies is parallel to the public interest in controlling
public and private health care costs.
(3) The Federal Government needs mechanisms to ensure that
portions of revenues from the sale of drugs to consumers are
reinvested in the research and development of new technologies.
(4) The Federal Government is the single largest supporter
of biomedical research in the world, spending $33 billion in
1994 alone for biomedical and related health research.
(5) The Federal Government provides 80 percent of the
monies spent each year for fundamental biomedical research at
universities, medical schools, and other non-profit
institutions.
(6) Of all the cancer drugs developed since the founding of
the National Cancer Institute's new drug program in 1955 and
approved for marketing by the Food and Drug Administration
through 1992, 34 of 37 cancer drugs, or 92 percent, were
developed with taxpayer funds.
(7) The public should not have to pay twice for health care
inventions, first as taxpayers and second as consumers.
(8) The Department of Health and Human Services has the
responsibility for funding basic biomedical research, for
funding medical treatment through the programs under titles
XVIII and XIX of the Social Security Act, for providing direct
medical care, and, more generally, for protecting the health
and safety of the public, it is incumbent upon the Secretary of
Health and Human Services to require a reasonable relationship
between the pricing of drugs, the public investment in those
drugs, and the health and safety needs of the public.
(9) The Department of Health and Human Services, academic
researchers, and the general public have the right to know, but
lack the necessary information about, information about the
actual costs for drug development, the general revenues
generated from the sale of pharmaceutical drugs, and the
taxpayer's investment in new drug development.
(10) The Department of Health and Human Services lacks the
necessary information to make appropriate decisions about the
reasonableness of drug prices or the impact of its policies on
research and development of new medical technologies.
SEC. 3. REPORT ON RESEARCH OF THE FEDERAL GOVERNMENT.
(a) Involvement of the Federal Government.--For each drug for which
an application under section 505, 507, or 512 of the Federal Food,
Drug, and Cosmetic Act has been approved the following shall be
reported to the Secretary of Health and Human Services:
(1) Each patent, cooperative research and development
agreement under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980, or other contractual agreement with the
Federal Government which contributed to the development of the
drug. The dollar amount of Federal funds expended, the agency
of the Federal Government which provided such funds, the dates
of any contractual agreements, and the nature of the research
and development activity shall be included in the report.
(2) Each grant, contract, or other funding mechanism of the
Federal Government which was used to support research or
development activities with respect to the drug, including any
grant or contract by the Federal Government to an institution
of higher education or other non profit institution or other
funds expended by the Federal Government on research and
development which directly contributed to the development of
the drug. The dollar amount of Federal funds expended, the
agency of the Federal Government which provided such funds, the
dates of any contractual agreements, and the nature of the
research and development activity shall be included in the
report.
The Secretary shall make such report available to the public.
(b) Research and Development.--
(1) In general.--For each drug for which an application
under section 505, 507, or 512 of the Federal Food, Drug, and
Cosmetic Act has been approved the total amount expended for
each type of research and development of the drug in each
calendar year, including pre-clinical research and phase I, II,
and III clinical trials, the entity which made the
expenditures, and the amount provided by the Federal Government
shall be reported to the Secretary of Health and Human
Services.
(2) Public Disclosure of Data.--If a drug is protected
under section 527(a) of the Federal Food, Drug, and Cosmetic
Act or under a patent, the material reported under paragraph
(1) for such drug shall be made available by the Secretary to
the public. If a drug is not protected under such section or a
patent, the Secretary shall make the report available to the
public in a form which does not identify individual entities.
SEC. 4. REASONABLE PRICE AGREEMENT.
(a) In General.--If any Federal agency or any non-profit entity
undertakes federally funded health care research and development and is
to convey or provide a patent or other exclusive right to use such
research and development for a drug or other health care technology,
such agency or entity shall not make such conveyance or provide such
patent or other right until the person who will receive such patent or
other right first agrees to a reasonable pricing agreement with the
Secretary of Health and Human Services or the Secretary makes a
determination that the public interest is served by a waiver of the
reasonable pricing agreement provided in accordance with subsection
(b).
(b) Waiver.--No waiver shall take effect under subsection (a)
before the public is given notice of the proposed waiver and provided a
reasonable opportunity to comment on the proposed waiver. A decision to
grant a waiver shall set out the Secretary's finding that such a waiver
is in the public interest.
SEC. 5. PURCHASE OF DRUGS DEVELOPED WITH TAXPAYER SUPPORT.
For any drug approved for marketing by the Food and Drug
Administration which was developed with significant Federal support,
the Secretary of Health and Human Services shall review the price of
the drug for purposes of determining a reasonable price for Federal
reimbursements under the programs under titles XVIII and XIX of the
Social Security Act and other Federal programs that elect to
participate in the Secretary's reasonable pricing program, In
determining a reasonable price for a drug, the Secretary shall
consider--
(1) the public interest in continued health care research
and development,
(2) the contribution of the person marketing such drug to
the drug research and development expenses, including the
amount, timing, and risk of investment in such research and
development,
(3) the contribution of the Federal Government to the
research and development of such drug, including the amount,
timing, and risk of investment in such research and
development,
(4) the therapeutic value of such drug,
(5) the number of patients who are expected to purchase
such drug,
(6) the cost of producing and marketing of such drug,
(7) the cost of therapies which are similar to the therapy
using such drug, and
(8) other relevant factors.
SEC. 6. MATERIAL TRANSFER AGREEMENT.
If in connection with research and development for health care
technologies, the Secretary of Health and Human Services determines
that the public interest will be advanced by the ability of the
Secretary to conduct research on biological substances or other
materials, the Secretary shall have the authority to compel the owner
of such substances or materials to provide the Secretary with such
substances or materials in accordance with a materials transfer
agreement. The agreement shall--
(1) provide the owner of such substances or materials
compensation for the costs incurred in making the transfer to
the Secretary;
(2) define the terms and conditions under which the
Secretary may use the materials;
(3) not grant rights in intellectual property or rights for
commercial purposes; and
(4) require that the material be used for research purposes
only.
SEC. 7. PROMOTION OF RESEARCH AND DEVELOPMENT.
(a) Account.--Any person engaged in the manufacture of drugs for
introduction into interstate commerce shall, in accordance with
subsection (b), establish for each drug an account for funds to be
reinvested in research and development for health care technologies.
(b) Reinvestment in Research and Development.--To insure that
adequate funds are being made available for research and development of
new health care technologies, the Secretary of Health and Human
Services shall establish for persons engaged in the manufacture of
drugs for introduction into interstate commerce the minimum amount such
person should make available for research and development of its new
health care technologies based upon a percentage of sales revenue for
that drug. The Secretary may require different percentages for minimum
reinvestment for different classes of drugs based upon patient
protection, orphan drug status, or magnitude of sales.
(c) Additional Rules.--The Secretary shall adopt regulations
concerning qualifying research and development expenditures and the
reporting requirements for persons who are subject to subsections (a)
and (b).
SEC. 8. REPORTS ON SALES.
Any person engaged in the manufacture and sale of drugs approved
under section 505, 507, or 512 of the Federal Food, Drug, and Cosmetic
Act shall report to the Health Care Financing Administration the total
number of each drug it has sold and the total revenue it has received
from such sales, including sales made outside the United States.
SEC. 9. GOVERNMENT EXPENDITURE ON PRESCRIPTION DRUGS.
The Secretary of Health and Human Services shall report to the
Congress annually on the estimate of the amount of money the Federal
government expends, directly or through reimbursement, for the purchase
of prescription drugs, including an estimate of the amount of money
expended each year on drugs which were developed with significant
Federal support. | Health Care Research and Development and Consumer Protection Act - Requires reporting to the Secretary of Health and Human Services and public disclosure of certain research and development (R and D) patent and funding information, including the amount of Federal funds expended, with regard to new drugs, new animal drugs, and antibiotics approved for marketing under the Federal Food, Drug, and Cosmetic Act.
Provides that if any Federal agency or any nonprofit entity undertakes federally funded health care R and D, and is to convey or provide a patent or other exclusive right to use such R and D for a drug or other health care technology, such agency or entity shall not make such conveyance or provide such patent or other right until the person who will receive it first agrees to a reasonable pricing agreement with the Secretary or the Secretary makes a determination that the public interest is served by a waiver of the reasonable pricing agreement.
Requires, for any drug approved for marketing by the Food and Drug Administration which was developed with significant Federal support, that the Secretary review the drug price to determine a reasonable price for Federal reimbursements under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and other Federal programs that elect to participate in the Secretary's reasonable pricing program.
Provides that, if in connection with R and D for health care technologies the Secretary determines that the public interest will be advanced by his or her ability to conduct research on biological substances or other materials, the Secretary shall have the authority to compel the owner of such substances or materials to provide them to him or her in accordance with a described materials transfer agreement.
Requires any person engaged in the manufacture of drugs for introduction into interstate commerce to establish for each drug, in accordance with specified procedures, an account for funds to be reinvested in R and D for health care technologies.
Requires certain sales reports to the Health Care Financing Administration with regard to new drugs, new animal drugs, and antibiotics approved for marketing under the Federal Food, Drug, and Cosmetic Act.
Directs the Secretary to report to the Congress annually on estimated Federal expenditures, made directly or through reimbursement, for purchasing prescription drugs, including estimated annual expenditures on drugs developed with significant Federal support. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Four Corners Interpretive Center
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Four Corners Monument is nationally significant as
the only geographic location in the United States where 4 State
boundaries meet;
(2) the States with boundaries that meet at the Four
Corners area are Arizona, Colorado, New Mexico, and Utah;
(3) between 1868 and 1875 the boundary lines that created
the Four Corners were drawn, and in 1899 a monument was erected
at the site;
(4) a United States postal stamp will be issued in 1999 to
commemorate the centennial of the original boundary marker;
(5) the Four Corners area is distinct in character and
possesses important historical, cultural, and prehistoric
values and resources within the surrounding cultural landscape;
(6) although there are no permanent facilities or utilities
at the Four Corners Monument Tribal Park, each year the park
attracts approximately 250,000 visitors;
(7) the area of the Four Corners Monument Tribal Park falls
entirely within the Navajo Nation or Ute Mountain Ute Tribe
reservations;
(8) the Navajo Nation and the Ute Mountain Ute Tribe have
entered into a Memorandum of Understanding governing the
planning and future development of the Four Corners Monument
Tribal Park;
(9) in 1992, through agreements executed by the governors
of Arizona, Colorado, New Mexico, and Utah, the Four Corners
Heritage Council was established as a coalition of State,
Federal, tribal, and private interests;
(10) the State of Arizona has obligated $45,000 for
planning efforts and $250,000 for construction of an
interpretive center at the Four Corners Monument Tribal Park;
(11) numerous studies and extensive consultation with
American Indians have demonstrated that development at the Four
Corners Monument Tribal Park would greatly benefit the people
of the Navajo Nation and the Ute Mountain Ute Tribe;
(12) the Arizona Department of Transportation has completed
preliminary cost estimates that are based on field experience
with rest-area development for the construction for a Four
Corners Monument Interpretive Center and
surrounding infrastructure, including restrooms, roadways, parking,
water, electrical, telephone, and sewage facilities;
(13) an interpretive center would provide important
educational and enrichment opportunities for all Americans; and
(14) Federal financial assistance and technical expertise
are needed for the construction of an interpretive center.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the Four Corners
Monument and surrounding landscape as a distinct area in the
heritage of the United States that is worthy of interpretation
and preservation;
(2) to assist the Navajo Nation and the Ute Mountain Ute
Tribe in establishing the Four Corners Interpretive Center and
related facilities to meet the needs of the general public;
(3) to highlight and showcase the collaborative resource
stewardship of private individuals, Indian tribes,
universities, federal agencies, and the governments of States
and political subdivisions thereof (including counties); and
(4) to promote knowledge of the life, art, culture,
politics, and history of the culturally diverse groups of the
Four Corners region.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Center.--The term ``Center'' means the Four Corners
Interpretive Center established under section 4, including
restrooms, parking areas, vendor facilities, sidewalks,
utilities, exhibits, and other visitor facilities.
(2) Four corners heritage council.--The term ``Four Corners
Heritage Council'' means the nonprofit coalition of Federal,
State, and tribal entities established in 1992 by agreements of
the Governors of the States of Arizona, Colorado, New Mexico,
and Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Recipient.--The term ``Recipient'' means the State of
Arizona, Colorado, New Mexico, or Utah, or any consortium of
two or more of these states.
(5) Four corners monument.--The term ``Four Corners
Monument'' means the physical monument where the boundaries of
the states of Arizona, Colorado, New Mexico and Utah meet.
(6) Four corners monument tribal park.--The term ``Four
Corners Monument Tribal Park'' means lands within the legally
defined boundary of the Four Corners Monument Tribal Park.
SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER.
(a) Establishment.--Subject to the availability of appropriations,
the Secretary is authorized to establish within the boundaries of the
Four Corners Monument Tribal Park a center for the interpretation and
commemoration of the Four Corners Monument, to be known as the ``Four
Corners Interpretive Center''.
(b) Land for the Center shall be designated and made available by
the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of
the Four Corners Monument Tribal Park in consultation with the Four
Corners Heritage Council and in accordance with--
(1) the memorandum of understanding between the Navajo
Nation and the Ute Mountain Ute Tribe that was entered into on
October 22, 1996; and
(2) applicable supplemental agreements with the Bureau of
Land Management, the National Park Service, the United States
Forest Service.
(c) Concurrence.--Nothwithstanding any other provision of this act,
no such center shall be established without the consent of the Navajo
Nation and the Ute Mountain Ute Tribe.
(d) Components of Center.--The Center shall include--
(1) a location for permanent and temporary exhibits
depicting the archaeological, cultural, and natural heritage of
the Four Corners region;
(2) a venue for public education programs;
(3) a location to highlight the importance of efforts to
preserve southwestern archaeological sites and museum
collections;
(4) a location to provide information to the general public
about cultural and natural resources, parks, museums, and
travel in the Four Corners region; and
(5) visitor amenities including restrooms, public
telephones, and other basic facilities.
SEC. 5. CONSTRUCTION GRANT.
(a) Grant.--The Secretary is authorized to award a Federal grant to
the recipient described in section 3(4) for up to 50 percent of the
cost to construct the Center. To be eligible for the grant, the
recipient shall provide assurances that--
(1) the non-Federal share of the costs of construction is
paid from non-Federal sources. The non-Federal sources may
include contributions made by States, private sources, the
Navajo Nation and the Ute Mountain Ute Tribe for planning,
design, construction, furnishing, startup, and operational
expenses;
(2) the aggregate amount of non-Federal funds contributed
by the States used to carry out the activities specified in
subparagraph (A) will not be less than $2,000,000, of which
each of the states that is party to the grant will contribute
equally in cash or in kind;
(3) States may use private funds to meet the requirements
of paragraph (2); and
(4) the State of Arizona may apply $45,000 authorized by
the State of Arizona during fiscal year 1998 for planning and
$250,000 that is held in reserve by that State for construction
towards the Arizona share.
(b) Grant Requirements.--In order to receive a grant under this
act, the recipient shall--
(1) submit to the Secretary a proposal that meets all
applicable--
(A) laws, including building codes and regulations;
(B) requirements under the Memorandum of
Understanding described in paragraph (2) of this
subsection; and
(C) provides such information and assurances as the
Secretary may require;
(2) the recipient shall enter into a Memorandum of
Understanding (MOU) with the Secretary providing--
(A) a timetable for completion of construction and
opening of the Center;
(B) assurances that design, architectural and
construction contracts will be competitively awarded;
(C) specifications meeting all applicable Federal,
state, and local building codes and laws;
(D) arrangements for operations and maintenance
upon completion of construction;
(E) a description of center collections and
educational programming;
(F) a plan for design of exhibits including, but
not limited to, collections to be exhibited, security,
preservation, protection, environmental controls, and
presentations in accordance with professional museum
standards;
(G) an agreement with the Navajo Nation and the Ute
Mountain Ute Tribe relative to site selection and
public access to the facilities; and
(H) a financing plan developed jointly by the
Navajo Nation and the Ute Mountain Ute Tribe outlining
the long-term management of the Center, including but
not limited to--
(i) the acceptance and use of funds derived
from public and private sources to minimize the
use of appropriated or borrowed funds;
(ii) the payment of the operating costs of
the Center through the assessment of fees or
other income generated by the Center;
(iii) a strategy for achieving financial
self-sufficiency with respect to the Center by
not later than 5 years after the date of
enactment of this Act; and
(iv) defining appropriate vendor standards
and business activities at the Four Corners
Monument Tribal Park.
SEC. 6. SELECTION OF GRANT RECIPIENT.
The Secretary is authorized to award a grant in accordance with the
provisions of this act. The Four Corners Heritage Council may make
recommendations to the Secretary on grant proposals regarding the
design of facilities at the Four Corners Monument Tribal Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
In General.--
(1) Authorizations.--There are authorized to be
appropriated to carry out this act--
(A) $2,000,000 for fiscal year 1999; and
(B) $50,000 for each of fiscal years 2000-2004 for
maintenance and operation of the center, program
development, or staffing in a manner consistent with
the requirements of Section 5(b).
(2) Carryover.--Any funds made available under this section
that are unexpended at the end of the fiscal year for which
those funds are appropriated may be used by the Secretary
through fiscal year 2001 for the purposes for which those funds
were made available.
(3) Reservation of funds.--The Secretary may reserve funds
appropriated pursuant to this act until a proposal meeting the
requirements of this act is submitted, but no later than
September 30, 2000.
SEC. 8. DONATIONS.
Notwithstanding any other provision of law, for purposes of the
planning, construction, and operation of the Center, the Secretary may
accept, retain, and expand donations of funds, and use property or
services donated from private persons and entities or from public
entities.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act is intended to abrogate, modify, or impair any
right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that
is based on any law (including any treaty, Executive order, agreement,
or Act of Congress). | Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe.
Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these States) for up to 50 percent of the cost to construct the Center.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``TRICARE Enhancement Act of 2000''.
SEC. 2. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM.
(a) Waiver of Nonavailability Statement or Preauthorization.--In
the case of a covered beneficiary under chapter 55 of title 10, United
States Code, who is enrolled in TRICARE Standard, the Secretary of
Defense may not require with regard to authorized health care services
(other than mental health services) under any new contract for the
provision of health care services under such chapter that the
beneficiary--
(1) obtain a nonavailability statement or preauthorization
from a military medical treatment facility in order to receive
the services from a civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile radius of
a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered beneficiary
inform the primary care manager of the beneficiary of any health care
received from a civilian provider or in a specialized treatment
facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant cost avoidance
for specific procedures at the affected military medical
treatment facilities;
(2) the Secretary determines that a specific procedure must
be maintained at the affected military medical treatment
facility to ensure the proficiency levels of the practitioners
at the facility; or
(3) the lack of nonavailability statement data would
significantly interfere with TRICARE contract administration.
SEC. 3. IMPROVEMENTS IN MONITORING ACCESS TO CARE.
(a) In General.--The Secretary of Defense shall direct--
(1) that the Composite Health Care System be used in lieu
of the Customer Satisfaction Survey to measure performance of
the Department of Defense in scheduling appointments in
military medical treatment facilities for covered beneficiaries
under TRICARE Prime in compliance with appointment access
standards of the TRICARE program;
(2) that any necessary modifications be made to the
Composite Health Care System in order that appropriate access
standards are used and standardized throughout the military
health-care system; and
(3) that compliance with the appointment timeliness
standards under the TRICARE program in military medical
treatment facilities be reported at the individual military
medical treatment facility level, the service level, the system
wide level, and by various beneficiary categories.
(b) Report Required.--Not later than December 31, 2000, the
Secretary shall submit to Congress a report on efforts to carry out
this section.
SEC. 4. EXPANDED ACCESS TO CERTIFIED MENTAL HEALTH COUNSELORS.
(a) In General.--Section 1079 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (8)--
(i) by striking ``or marital counselors
(other than certified marriage and family
therapists)'' and inserting ``marital
counselors (other than certified marriage and
family therapists, or certified mental health
counselors)''; and
(ii) by inserting ``and certified mental
health counselors'' after ``services of
certified marriage and family health
therapists''; and
(B) in paragraph (13), by inserting ``certified
mental health counselor,'' after ``psychologist,''; and
(2) by adding at the end the following:
``(p)(1) For purposes of providing substance abuse treatment
services to covered beneficiaries under the TRICARE program, the
Secretary shall recognize certified professional mental health
counselors as qualified mental health providers who are able to
prescribe the appropriate level and course of treatment for substance
abuse disorders.
``(2) For purposes of providing mental health evaluations of
covered beneficiaries under the TRICARE program, the Secretary shall
recognize certified professional mental health counselors as mental
health professionals qualified to conduct mental health evaluations.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to services of a certified mental health
counselor provided under section 1079 or 1086 of title 10, United
States Code, on or after the date of the enactment of this Act.
SEC. 5. REIMBURSEMENT OF CERTAIN COSTS INCURRED BY COVERED
BENEFICIARIES REFERRED FOR CARE OUTSIDE LOCAL CATCHMENT
AREA.
The Secretary of Defense shall require that any new contract for
the provision of health care services under the TRICARE program under
chapter 55 of title 10, United States Code, shall require that in any
case in which a covered beneficiary under such chapter who is enrolled
in TRICARE Prime is referred by a network provider or military medical
treatment facility to a provider or military medical treatment facility
more than 100 miles outside the catchment area of a military medical
treatment facility because a local provider is not available, the
beneficiary shall be reimbursed by the network provider or military
medical treatment facility making the referral for the cost of personal
automobile mileage, to be paid under standard reimbursement rates for
Federal employees, or for the cost of air travel in amounts not to
exceed standard contract fares for Federal employees.
SEC. 6. REMOVAL OF RESTRICTION REGARDING REIMBURSEMENT CAP.
Section 1097b(a) of title 10, United States Code, is amended by
adding at the end the following:
``(3) In circumstances in which TRICARE Standard is a secondary
payer for health care provided to a covered beneficiary, TRICARE
Standard shall provide reimbursement to the health care provider in the
amount of the difference between the amount paid by the primary
insurance provider and the total amount of the charges for the health
care provided to the beneficiary, but in no case--
``(A) may the total amount paid by TRICARE Standard exceed
115 percent of CHAMPUS maximum allowable charges; or
``(B) may the total amount paid by the primary insurance
provider and TRICARE Standard exceed the total amount of the
charges for the health care provided.''.
SEC. 7. IMPROVEMENTS WITH RESPECT TO PROVISION OF DENTAL CARE.
(a) Expansion of Appeals Process.--The Secretary of Defense shall
extend the appeals process for resolution of claims for participating
dental care providers under the TRICARE program to non-network
providers who provide dental care to covered beneficiaries under
chapter 55 of title 10, United States Code, under such program.
(b) Disenrollment Process for TRICARE Retiree Dental Program.--(1)
With respect to the provision of dental care to military retirees and
their dependents under chapter 55 of title 10, United States Code, the
Secretary of Defense--
(A) shall require that a contract with a provider allow for
a period of not less than 10 business days, beginning on the
date of the submission of an application for enrollment, during
which the enrollee may disenroll;
(B) shall provide for limited circumstances under which
disenrollment shall be permitted during the 24-month initial
enrollment period, without jeopardizing the fiscal integrity of
the dental program.
(2) The circumstances described in paragraph (1)(B) shall include--
(A) a case in which a military retiree who is also a
Federal employee is assigned to a location overseas which
prevents utilization of dental benefits in the United States;
(B) a case in which a military retiree or dependent
provides medical documentation with regard to a diagnosis of a
serious or terminal illness which precludes the retiree or
dependent from obtaining dental care;
(C) a case in which severe financial hardship would result;
and
(D) any other instances which the Secretary considers
appropriate.
(3) Initial requests for disenrollment under this section shall be
made to the contractor, and appeals of a decision by the contractor, or
policies with respect to the provision of dental care to retirees and
their dependents under the TRICARE program shall, at the request of the
beneficiary, be referred by the contractor (including all relevant
information collected by the contractor) to the TRICARE Management
Activity.
SEC. 8. REPORTS REQUIRED.
(a) Report on Reimbursement Rates.--Not later than February 1,
2001, the Secretary of Defense shall submit to Congress a report on the
use of authority under section 1097b of title 10, United States Code,
to provide reimbursement to health care providers at rates higher than
otherwise authorized, but not exceeding an amount equal to 115 percent
of CHAMPUS maximum allowable charges. The report shall include--
(1) a description of the rate and incidence of the use of
such authority, the locations with respect to which the
authority was exercised, and the procedures for which the
authority was exercised; and
(2) an analysis of the adequacy of such authority to
improve efficiency in the provision of health care services
under the TRICARE program network, particularly with respect to
rural and remote areas.
(b) Report on Comparison of Rates Charged for Medical Procedures.--
Not later than February 1, 2001, the Secretary of Defense shall submit
to Congress a study on how the maximum allowable rates charged for the
100 most commonly performed medical procedures under the Civilian
Health and Medical Program of the Uniformed Services and Medicare
compare with usual and customary commercial insurance rates for such
procedures in each TRICARE Prime catchment area.
(c) Report on Mandatory Reimbursement Floor.--Not later than
February 1, 2001, the Comptroller General shall submit to Congress a
report providing an analysis of whether the use of a mandatory floor of
70 percent of usual and customary rates for reimbursement to health
care providers under the TRICARE program, rather than a ceiling of an
amount equal to 115 percent of CHAMPUS maximum allowable charges, would
assist in providing a more robust health care network. | (Sec. 3) Requires the Secretary to direct that: (1) the Composite Health Care System (CHS) be used in lieu of the Customer Satisfaction Survey to measure the performance of the Department of Defense in scheduling appointments in military medical facilities for covered beneficiaries under TRICARE Prime; (2) any necessary modifications be made to the CHS to standardize appropriate access throughout the military health care system; and (3) compliance with appointment timeliness standards under TRICARE Prime in military medical facilities be reported at the facility level, the service level, the system level, and by various beneficiary categories. Requires a report from the Secretary to Congress.
(Sec. 4) Authorizes covered beneficiary access under CHAMPUS to certified mental health counselors. Requires the Secretary to recognize such counselors as qualified to: (1) prescribe levels and courses of treatment for substance abuse disorders; and (2) conduct mental health evaluations.
(Sec. 5) Requires new contracts under TRICARE to require a covered beneficiary under TRICARE Prime who is referred to a provider or facility more than 100 miles away due to the unavailability of a local provider to be reimbursed by the referring provider or facility for appropriate mileage costs or air travel.
(Sec. 6) Requires that when TRICARE Standard is a secondary payer for health care provided to a covered beneficiary, it shall reimburse a provider the difference between the amounts paid by the primary insurance provider and the total charge for health care provided to the beneficiary, with a maximum limit.
(Sec. 7) Directs the Secretary to extend the appeals process for the resolution of claims for participating dental care providers under TRICARE to non-network providers who provide dental care under CHAMPUS. Outlines procedures for disenrollment from the TRICARE dental program for military retirees and their dependents.
(Sec. 8) Requires a report from: (1) the Secretary to Congress on the use of authority to provide reimbursement to health care providers at rates higher than otherwise authorized, but not exceeding 115 percent of CHAMPUS maximum allowable charges; and (2) the Comptroller General to Congress on whether the use of a mandatory floor of 70 percent of the usual and customary rates for reimbursement to health care providers under the TRICARE program, rather than a ceiling of 115 percent of CHAMPUS maximum allowable charges, would assist in providing a more robust health care network. | billsum_train |
Condense the following text into a summary: SECTION 1. HANDGUNS IN SCHOOLS LIMITATIONS.
(a) Establishment.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 161. Handguns in Schools Limitations
``(a) Withholding of Funds for Noncompliance.--
``(1) General rule.--Beginning with fiscal year 1995 (or a
later date determined pursuant to paragraph (2)(A)), the
Secretary shall withhold the applicable percentage specified in
paragraph (2) of the amount required to be apportioned to a
State under paragraphs (1), (2), (5), and (6) of section 104(b)
for the fiscal year, if, for any period during the immediately
preceding fiscal year, the State does not have in effect a
State law that meets the requirements of subsection (c).
``(2) Applicable percentages.--
``(A) First fiscal year.--For fiscal year 1995, or
the fiscal year immediately following the expiration of
the first regular legislative session following the
date of enactment of this section, whichever is later,
the applicable percentage shall be 5 percent.
``(B) Subsequent fiscal years.--For fiscal year
1996, and each subsequent fiscal year, or for the
second fiscal year after the expiration of the first
regular legislative session following the date of
enactment of this section, whichever is later, and for
each subsequent fiscal year, the applicable percentage
shall be 10 percent.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability.--Any funds withheld under
this section that would otherwise have been apportioned to a
State shall remain available for apportionment to the State
until the end of the fourth fiscal year following the fiscal
year for which the funds were made available.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under this section from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
makes effective a State law that meets the requirements of
subsection (c), as soon as practicable after the effective date
of the law, the Secretary shall apportion to the State the
withheld funds remaining available for apportionment to the
State pursuant to paragraph (1).
``(3) Effect of noncompliance.--If, on the termination of
the period for which funds withheld under this section from
apportionment are available for apportionment to a State under
paragraph (1), the State does not have in effect a State law
that meets the requirements of subsection (c), the sums not
obligated shall lapse, or, in the case of funds withheld from
apportionment under section 104(b)(5), the funds shall lapse
and be made available by the Secretary for projects in
accordance with section 118(b).
``(c) Requirements for State Law.--
``(1) In general.--The Secretary shall consider a State law
as meeting the requirements of this subsection if the State law
includes--
``(A) the requirements for first offenses and
subsequent offenses pursuant to paragraphs (2) and (3);
and
``(B) the exemptions described in paragraph (4).
``(2) First offenses.--A State law that meets the
requirements of this subsection shall specify--
``(A) that on receipt of notification of the
principal (or equivalent official) of an elementary
school or a secondary school located in the State that
an individual was found in possession of a handgun on
the premises of the school who is not subject to an
exemption described in paragraph (4), the head of the
State entity responsible for issuing drivers licenses
for the operation of motor vehicles shall, pursuant to
such procedures as the head (or appropriate State
entity) establishes--
``(i) in the case of an individual who
holds a drivers license issued by the State,
revoke the drivers license of the individual;
or
``(ii) in the case of an individual who
does not hold a drivers license issued by the
State (including any individual who has not
attained the age required under State law to
hold a drivers license), take such action as is
necessary to ensure that the individual is
subject to the restrictions referred to in
subparagraph (B)(ii);
``(B)(i) a revocation period of 5 years applicable
to an individual referred to in subparagraph (A)(i)
beginning on the date on which the head of a State
entity referred to in subparagraph (A) revokes the
drivers license of the individual; and
``(ii) a withholding period--
``(I) of 5 years, in the case of an
individual referred to in subparagraph (A)(ii)
who has attained the age required under the law
of the State to hold a drivers license; and
``(II) in the case of an individual
referred to in subparagraph (A)(ii) who has not
attained the age required under the law of the
State to hold a drivers license, that begins on
the date on which the head of a State entity
referred to in such subparagraph takes action
pursuant to such subparagraph and ends on the
later of--
``(aa) the date on which the
individual attains the age of 18; or
``(bb) the date that is 5 years
after the head takes the action; and
``(C) that during a withholding period or
revocation period described in subparagraph (B), the
State may not issue or reissue a drivers license to the
individual who is subject to the withholding or
revocation.
``(3) Subsequent offenses.--A State law that meets the
requirements of this subsection shall specify that if, during
the 5-year period beginning on the date on which the head of a
State entity referred to in paragraph (2)(A) revokes a drivers
license of an individual pursuant to paragraph (2)(A)(i), or in
the case of an individual who does not hold a drivers license,
takes an action pursuant to paragraph (2)(A)(ii), the head
receives a notification with respect to the individual by a
principal (or equivalent official) pursuant to paragraph
(2)(A), the head shall, pursuant to such procedures as the head
(or appropriate State entity) shall establish--
``(A)(i) in the case of an individual who holds a
drivers license issued by the State, revoke the drivers
license for a 10-year period (beginning on the date on
which the head receives the notification) during which
the State may not reissue a drivers license to the
individual; or
``(ii) in the case of an individual who does not
hold a drivers license issued by the State, take such
action as may be necessary to ensure that the
individual may not be issued a drivers license by the
State during a period (beginning on the date the head
receives the notification) equal to--
``(I) 10 years; plus
``(II) the untolled amount of a revocation
or withholding period applicable to the
individual that has been established pursuant
to paragraph (2)(B) (if any), as of the date
the head takes an action under this subsection;
and
``(B) ensure that during an applicable period
specified in subparagraph (A), no individual subject to
a revocation or withholding of a drivers license may be
issued a drivers license by the State.
``(4) Exemptions.--A State law that meets the requirements
of this subsection shall specify that the requirements of
paragraphs (2) and (3) shall not apply to the possession of a
handgun--
``(A) on private property that is not part of the
premises of a school;
``(B) if--
``(i) the individual possessing the handgun
is licensed to possess the handgun by the State
in which the elementary school or secondary
school is located or by a political subdivision
of the State; and
``(ii) the State or political subdivision
of the State required that, as a condition of
the issuance of the license, an appropriate law
enforcement authority of the State or political
subdivision of the State verified that the
individual is qualified pursuant to applicable
laws to hold the license;
``(C) that is--
``(i) not loaded; and
``(ii) in a locked container, or a locked
firearms rack that is on a motor vehicle;
``(D) by an individual for use in a program
approved by the appropriate official of an elementary
school or secondary school (or entity of the State or
political subdivision of the State responsible for the
administration of the elementary school or secondary
school);
``(E) by an individual in accordance with a
contract that the appropriate official of the
elementary school or secondary school (or entity of the
State or political subdivision of the State responsible
for the administration of the elementary school or
secondary school) has entered into with the individual
or employer of the individual;
``(F) by a law enforcement officer acting in an
official capacity; or
``(G) that is unloaded and possessed by an
individual while traversing the premises of the
elementary or secondary school for the purpose of
gaining access to public or private lands open to
hunting, if the entry on the premises of the elementary
school or secondary school is authorized by the
appropriate official of the school (or entity of the
State or political subdivision of the State responsible
for the administration of the elementary school or
secondary school).
``(d) Definitions.--As used in this section:
``(1) Elementary school.--The term `elementary school' has
the meaning provided the term in 1471(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2891(8)).
``(2) Handgun.--The term `handgun' means--
``(A) a firearm that has a short stock and is
designed to be held and fired by the use of a single
hand; or
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
``(3) Premises.--With respect to an elementary school or
secondary school, the term `premises' includes the school
building and the grounds of the school.
``(4) Secondary school.--The term `secondary school' has
the meaning provided the term in section 1471(21) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21)).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``161. Handguns in schools limitations.''.
(c) Statutory Construction.--Nothing in this section or the
amendments made by this section is intended to limit the authority of
the government of a State or political subdivision of a State to enact
and enforce a law that imposes a penalty that exceeds or supplements
the penalties specified in section 161 of title 23, United States Code
(as added by subsection (a)). | Provides for the withholding of Federal highway funds for States that do not require the immediate revocation of the driver's license of an individual who is found in possession of a handgun on the premises of an elementary or secondary school.
Sets forth provisions regarding: (1) apportionment of withheld funds; and (2) exemptions. | 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 ``American Farmland
Stewardship Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--FARMLAND STEWARDSHIP PROGRAM
Sec. 101. Establishment and purpose of Program.
Sec. 102. Use of farmland stewardship agreements.
Sec. 103. Partnership approach to Program.
Sec. 104. Participation of owners and operators of eligible
agricultural lands.
TITLE II--ADVISORY COUNCIL
Sec. 201. Creation of an advisory council regarding Program.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American agricultural producers are stewards of their
lands, and should be encouraged to carry out practices to
maintain, protect, and care for the natural, environmental, and
agricultural resources of their lands.
(2) Agricultural producers face increasing challenges in
protecting environmental sensitive land while ensuring an
abundant and safe food supply and the sound future of
agricultural production.
(3) Increased access of agricultural producers to
conservation programs, particularly by producers facing unique
environmental needs, must be a part of the national
agricultural conservation policy.
(4) Responsible care and stewardship of natural resources
by agricultural producers would be fostered by incentive
initiatives aimed at assisting producers in meeting
environmental program requirements, protecting and maintaining
endangered habitat and wetlands, improving water quality and
water access, treating on-farm discharge, deterring invasive
species, and addressing other important environmental
challenges.
(5) Greater local involvement, as well as increased
cooperation between agricultural producers and local, State,
and Federal officials, is needed to allow agricultural
producers to meet environmental goals.
(6) A voluntary incentives based program would encourage
greater protection of natural resources by providing economic
assistance to agricultural producers to improve and protect
natural resources, while permitting them to stay competitive in
the world market.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The terms ``farmland stewardship
agreement'' and ``agreement'' mean a stewardship contract
authorized by title I.
(2) Contracting agency.--The term ``contracting agency''
means a local conservation district, resource conservation &
development district, extension service or local office of the
Department of Agriculture or other participating government
agency that is designated by the Secretary to enter into
farmland stewardship agreements on behalf of the Secretary.
(3) Eligible agricultural lands.--The term ``eligible
agricultural lands'' means private lands that are in primarily
native or natural condition or are classified as cropland,
pastureland, grazing lands, or timberlands by the Secretary and
that--
(A) contain wildlife habitat, habitat for
threatened and endangered species, wetlands or other
natural ecosystems; or
(B) provide opportunities for ecological services
that can benefit the public at large, such as--
(i) filtration of water;
(ii) aquifer recharge;
(iii) control of invasive and exotic
species;
(iv) limitations on nonagricultural
development to preserve open space or prime,
unique, or other productive agricultural lands;
and
(v) improvement of habitats for wildlife,
waterfowl, or migratory birds or insects.
(4) Program.--The terms ``Farmland Stewardship Program''
and ``Program'' mean the conservation program of the Department
of Agriculture established by title I.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--FARMLAND STEWARDSHIP PROGRAM
SEC. 101. ESTABLISHMENT AND PURPOSE OF PROGRAM.
(a) Establishment.--The Secretary of Agriculture shall establish a
special conservation program of the Department of Agriculture, to be
known as the Farmland Stewardship Program, that is designed to more
precisely tailor and target existing conservation programs to the
specific conservation needs and opportunities presented by individual
parcels of eligible agricultural lands.
(b) Relation to Other Conservation Programs.--Under the Farmland
Stewardship Program, the Secretary may implement, or combine together,
the features of--
(1) other conservation programs administered by the
Secretary; and
(2) conservation programs administered by other Federal
agencies and State and local government entities, where
feasible and with the consent of the administering agency or
government.
(c) Funding Sources.--
(1) In general.--The Farmland Stewardship Program and
agreements under the Program shall be funded by the Secretary
using--
(A) the funding authorities of the conservation
programs that are implemented in whole, or in part,
through the use of agreements; and
(B) such funds as are appropriated to carry out the
Program.
(2) Cost-sharing.--It shall be a requirement of the
Farmland Stewardship Program that the majority of the funds to
carry out the Program must come from other existing
conservation programs, which may be Federal, State, regional,
local, or private, that are combined into and made a part of an
agreement, or from matching funding contributions made by
State, regional, or local agencies and divisions of government
or from private funding sources.
(d) Personnel Costs.--Federal funds made available to carry out the
Farmland Stewardship Program may be used to provide additional staff
positions and support within the national headquarters office and State
field offices of the Natural Resources Conservation Service to
coordinate and oversee the Program on a national basis.
(e) Technical Assistance.--Of the funds made available to carry out
the Farmland Stewardship Program for a fiscal year, the Secretary shall
reserve not less than twenty percent for the provision of technical
assistance under the Program.
SEC. 102. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
(a) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Program by entering into stewardship contracts, to
be known as farmland stewardship agreements, with the owners or
operators of eligible agricultural lands to maintain, protect, and care
for the natural, environmental, and agricultural resources on the
lands.
(b) Legal Basis.--An agreement shall operate in all respects as a
service contract and, as such, provides the Secretary with the
opportunity to hire the owner or operator of eligible agricultural
lands as a vendor to perform one or more specific services for an
equitable fee for each service rendered. Any Federal agency
participating in the Farmland Stewardship Program that has the
authority to enter into service contracts and to expend public funds
under such contracts may enter into or participate in the funding of an
agreement.
(c) Basic Purposes.--An agreement with the owner or operator of
eligible agricultural lands shall be used--
(1) to negotiate a mutually agreeable set of guidelines,
practices, and procedures under which services will be provided
to the public and rendered by the owner or operator to protect,
maintain, and, where possible, improve, the natural and
ecological resources on the lands covered by the agreement in
return for annual payments to the owner or operator for the
services rendered;
(2) to implement a conservation program or series of
programs where no program now exists or to implement
conservation management or ecological service activities where
no such activities now exist; and
(3) to expand conservation practices, resource management,
and ecological service activities to a property where it is not
possible at the present time to negotiate or reach agreement on
a public purchase of a fee-simple or less-than-fee interest in
the property for conservation purposes.
(d) Modification of Other Conservation Program Elements.--If most,
but not all, of the limitations, conditions, and requirements of a
conservation program that is implemented in whole, or in part, through
the Farmland Stewardship Program are met with respect to a parcel of
eligible agricultural lands, and the purposes to be achieved by the
agreement to be entered into for such lands are consistent with the
purposes of the conservation program, then the Secretary may waive any
remaining limitations, conditions, or requirements of the conservation
program that would otherwise prohibit or limit the agreement.
(e) State and Local Conservation Priorities.--To the maximum extent
practicable, agreements shall address the conservation priorities
established by the State and locality in which the eligible
agricultural lands are located.
SEC. 103. PARTNERSHIP APPROACH TO PROGRAM.
(a) Authority of Secretary Exercised Through Partnerships.--
Although the Secretary shall be responsible for the administration of
the Farmland Stewardship Program and oversight of agreements under the
Program, the Secretary shall work in partnership with other Federal,
State, and local agencies whose programs are incorporated into the
Program under section 101.
(b) Designation and Use of Contracting Agencies.--Subject to
subsection (c), the Secretary may authorize a local conservation
district, resource conservation & development district, extension
service, nonprofit organization, or local office of the Department of
Agriculture or other participating government agency to enter into and
administer agreements under the Program as a contracting agency on
behalf of the Secretary.
(c) Conditions on Designation.--The Secretary may designate an
eligible district or office as a contracting agency under subsection
(b) only if the district of office--
(1) submits a written request for such designation to the
Secretary;
(2) affirms that it is willing to follow all guidelines for
executing and administering an agreement, as promulgated by the
Secretary;
(3) demonstrates to the satisfaction of the Secretary that
it has established working relationships with owners and
operators of eligible agricultural lands, and based on the
history of these working relationships, demonstrates that it
has the ability to work with owners and operators of eligible
agricultural lands in a cooperative, and not a contentious or
litigious, manner;
(4) affirms its willingness to assume responsibility for
preparing all documentation for the agreement, negotiating its
terms with an owner or operator, monitoring compliance, making
annual reports to the Secretary, and administering the
agreement throughout its full term; and
(5) demonstrates to the satisfaction of the Secretary that
it has or will have the necessary staff resources and expertise
to carry out its responsibilities under paragraphs (3) and (4).
SEC. 104. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE
AGRICULTURAL LANDS.
(a) Application and Approval Process.--To participate in the
Farmland Stewardship Program, an owner or operator of eligible
agricultural lands shall--
(1) submit to the Secretary an application indicating
interest in the Program and describing the owner's or
operator's property, its resources, and their ecological and
agricultural values;
(2) submit to the Secretary a list of services to be
provided, a management plan to be implemented, or both, under
the proposed agreement;
(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the services to
be provided, management plan to be implemented, or both, and
requires compliance with the other terms of the agreement.
(b) Application on Behalf of an Owner or Operator.--A designated
contracting agency may submit the application required by subsection
(a) on behalf of an owner or operator by if the contracting agency has
secured the consent of the owner or operator to enter into an
agreement.
(c) Structure of Agreement.--An agreement shall contain the
following:
(1) A map, property description, and aerial photograph of
the eligible agricultural lands covered by the agreement,
including any lands with important natural and ecological
resources that require special attention and care.
(2) A list of the resources to be maintained under the
agreement.
(3) A description of the services to be rendered,
conservation practices to be implemented and maintained, or
both, under the agreement during the term of the agreement.
(4) A schedule for the implementation and maintenance of
the services and conservation practices described in paragraph
(3).
(5) A schedule of payments for each service and
conservation practice described in paragraph (3).
(6) A schedule of any bonus payments offered under the
agreement and the criteria that must be satisfied for the owner
or operator to earn the bonus payments.
(7) Guarantees regarding compliance monitoring and access
to the covered property on an annual basis.
(8) A description of the penalties for nonperformance and
default.
(9) Provisions for assignment of the agreement to a
subsequent owner or operator.
(10) Encumbrance provisions for recording the agreement.
(11) Such other terms as the Secretary may require.
(d) Duties of Owners and Operators.--During the term of the
agreement, the owner or operator of the eligible agricultural lands
covered by the agreement shall--
(1) implement the services to be rendered, conservation
practices to be implemented and maintained, or both, specified
in the agreement;
(2) keep such records as the Secretary may require for
purposes of evaluation of the implementation of the agreement;
and
(3) not to engage in any activity that would defeat the
purposes of the agreement.
(e) Duties of Secretary.--The Secretary shall ensure that payments
required by an agreement are made as provided in the agreement.
(f) Authorized Services.--The authorized services that may be
rendered by an owner or operator on eligible agricultural lands covered
by an agreement, and paid for by the Secretary under the agreement,
include the following:
(1) Removal of invasive species and continued management of
land and water resources in a way that prevents invasive
species from being reintroduced.
(2) Installation of best management practices or other
recommended practices to eliminate impacts on natural areas
outside a property's boundaries.
(3) Use of property for water retention or detention.
(4) Installation of phytoremediation cells and other waste
treatment facilities to provide environmental clean-up services
to remove suspended solids, particulates, toxic salts and
metals, and other pollutants from urban, suburban, industrial and farm
waste, including landfill leachates, stormwater runoff, tainted
groundwater and other sources of pollutants.
(5) Dedication of a portion of a property as a buffer strip
or filter strip.
(6) Retention of open space between developed areas and
natural areas.
(7) Implementation of wetland restoration, conservation, or
enhancement.
(8) Reduction of greenhouse emissions and enhancement of
carbon sequestering.
(9) Enhancement of soil, plant, or animal health and well-
being.
(10) Improvement of water quality.
(11) Improvement of air quality.
(12) Implementation of on-farm conservation and
regeneration of biological resources, including plant and
animal germplasm.
(13) Provision of access for research.
(14) Provision of periodic or limited public access in a
manner acceptable to the owner or operator.
(15) Any other service prescribed by or found to be
acceptable by the Secretary.
(g) Ensuring Availability of Funds.--All amounts required for
preparing, executing, carrying out, monitoring, and administering an
agreement for its entire term shall be made available by the Federal,
State, and local agencies and private sector entities involved in
funding the agreement upon execution of the agreement.
TITLE II--ADVISORY COUNCIL
SEC. 201. CREATION OF AN ADVISORY COUNCIL REGARDING PROGRAM.
(a) Appointment.--The Secretary shall appoint a 12-member advisory
council to assist the Secretary in carrying out the Farmland
Stewardship Program.
(b) Duties.--The advisory council shall assist the Secretary--
(1) in drafting such regulations as are necessary to carry
out the Program;
(2) in developing draft documents for executing farmland
stewardship agreements;
(3) in developing procedures and guidelines to facilitate
partnerships with other levels of government and nonprofit
organizations and assist contracting agencies in gathering data
and negotiating agreements;
(4) in designing criteria to consider applications
submitted under section 104(a);
(5) in providing assistance and training to project
partners and contracting agencies;
(6) in assisting project partners and contracting agencies
in combining together other conservation programs into
agreements;
(7) in tailoring the agreements to each individual
property;
(8) in monitoring progress under the agreements; and
(9) in reviewing and recommending possible modifications,
additions, adaptations, improvements, enhancements, or other
changes to the Program to improve the way in which the program
operates. | American Farmland Stewardship Act of 2001 - Directs the Secretary of Agriculture to establish the Farmland Stewardship Program to target existing conservation programs to the specific needs of individual parcels of eligible agricultural lands through stewardship agreements with the owners and operators of such lands, and in partnership with other Federal, State, and local agencies whose programs are incorporated into the 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 ``Hormone
Replacement Therapy Alternative Treatment Fairness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare coverage of hormone replacement therapy and
alternative treatments for hormone
replacement therapy.
Sec. 4. Medicaid coverage of alternative treatments for hormone
replacement therapy.
Sec. 5. Coverage of hormone replacement therapy and alternative
treatments for hormone replacement therapy
under group health plans and individual
health insurance coverage.
Sec. 6. Coverage of alternative treatments for hormone replacement
therapy under FEHBP.
Sec. 7. Coverage of alternative treatments for hormone replacement
therapy under veterans' benefits.
Sec. 8. Coverage of alternative treatments for hormone replacement
therapy under TRICARE.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 50 million women in the United States suffer from
symptoms or conditions related to menopause, including
osteoporosis, hot flashes, heart disease, and depression.
(2) The Women's Health Initiative terminated its study on
the synthetic version of hormone replacement therapy (HRT)
three years early due to findings that the combination of
estrogen and progestin increases the risk of heart disease,
stroke, blood clots, and breast cancer.
(3) Only 35 percent of women in the United States who are
undergoing menopause take prescribed synthetic HRT for
treatment of menopausal symptoms.
(4) Natural estrogen and progestin, which may not be
available by prescription, could be useful in treating
menopause symptoms and related conditions.
(5) 33 percent of women in the United States who are
undergoing menopause routinely use alternative treatments for
menopausal symptoms, such as Soy, Black Cohosh, Chasteberry,
Pro-Gest, Hops, Red Clover, Dong Quai, Evening Primose Oil,
Vitamin E, Flax Seed Oil, Ginseng, and natural DHEA.
(6) Women deserve relief from ailments relating to
menopause.
(7) Government insurance programs such as medicare,
medicaid, the Federal Employees Health Benefits Program
(FEHBP), and the Department of Veterans' Affairs do not cover
non-prescription alternative HRT treatments.
(8) Most private insurance does not cover non-prescription
alternative HRT treatments.
SEC. 3. MEDICARE COVERAGE OF HORMONE REPLACEMENT THERAPY AND
ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY.
(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 (U);
(2) by adding ``and'' at the end of subparagraph (V); and
(3) by adding at the end the following new subparagraph:
``(W)(i) hormone replacement therapy for treatment of
menopausal symptoms and (ii) an alternative therapy for hormone
replacement therapy for treatment of menopausal symptoms if the
therapy is recommended by a health care provider who is
licensed, accredited, or certified under State law and if it
has been proven safe and effective in peer-reviewed scientific
studies;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to therapies furnished on or after the date of the enactment of
this Act.
SEC. 4. MEDICAID COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE
REPLACEMENT THERAPY.
(a) Requirement for Coverage.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
(1) in subparagraph (A) in the matter before clause (i), by
striking ``and (21)'' and inserting ``, (21), and (27)''; and
(2) in subparagraph (C)(iv)--
(A) by striking ``and (17)'' and inserting ``,
(17), and (27)''; and
(B) by striking ``through (24)'' and inserting
``through (27)''.
(b) Description of Covered Therapies.--Section 1905(a) of such Act
(42 U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by redesignating paragraph (27) as paragraph (28); and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) an alternative therapy for hormone replacement
therapy for treatment of menopausal symptoms if the therapy is
recommended by a health care provider who is licensed,
accredited, or certified under State law and if it has been
proven safe and effective in peer-reviewed scientific studies;
and''.
(c) Effective Date.--The amendments made by this section apply to
therapies furnished on or after the date of the enactment of this Act,
without regard to whether or not final regulations to carry out such
amendments have been promulgated by such date.
SEC. 5. COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE
TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER GROUP
HEALTH PLANS AND INDIVIDUAL HEALTH INSURANCE COVERAGE.
(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. 2707. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT
THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE
REPLACEMENT THERAPY.
``(a) Requirements.--
``(1) Hormone replacement therapy.--If a group health plan,
or a health insurance issuer offering group health insurance
coverage, provides benefits for outpatient prescription drugs,
the plan or coverage may not exclude or restrict benefits for
hormone replacement therapy for treatment of menopausal
symptoms.
``(2) Alternative treatments for hormone replacement
therapy.--If a group health plan, or a health insurance issuer
offering group health insurance coverage, provides benefits for
hormone replacement therapy for treatment of menopausal
symptoms, the plan or coverage may not exclude or restrict
benefits for an alternative therapy for hormone replacement
therapy for treatment of menopausal symptoms if--
``(A) the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law; and
``(B) it has been proven safe and effective in
peer-reviewed scientific studies.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) 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.''.
(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 2707''.
(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. 714. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT
THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE
REPLACEMENT THERAPY.
``(a) Requirements.--
``(1) Hormone replacement therapy.--If a group health plan,
or a health insurance issuer offering group health insurance
coverage, provides benefits for outpatient prescription drugs,
the plan or coverage may not exclude or restrict benefits for
hormone replacement therapy for treatment of menopausal
symptoms.
``(2) Alternative treatments for hormone replacement
therapy.--If a group health plan, or a health insurance issuer
offering group health insurance coverage, provides benefits for
hormone replacement therapy for treatment of menopausal
symptoms, the plan or coverage may not exclude or restrict
benefits for an alternative therapy for hormone replacement
therapy for treatment of menopausal symptoms if--
``(A) the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law; and
``(B) it has been proven safe and effective in
peer-reviewed scientific studies.
``(b) 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.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standard relating to coverage of hormone replacement
therapy and alternative treatments for
hormone replacement therapy.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Standard relating to
coverage of hormone replacement
therapy and alternative
treatments for hormone
replacement therapy.'';
and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT
THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE
REPLACEMENT THERAPY.
``(a) Hormone Replacement Therapy.--If a group health plan provides
benefits for outpatient prescription drugs, the plan may not exclude or
restrict benefits for hormone replacement therapy for treatment of
menopausal symptoms.
``(b) Alternative Treatments for Hormone Replacement Therapy.--If a
group health plan provides benefits for hormone replacement therapy for
treatment of menopausal symptoms, the plan may not exclude or restrict
benefits for an alternative therapy for hormone replacement therapy for
treatment of menopausal symptoms if--
``(1) the therapy is recommended by a health care provider
who is licensed, accredited, or certified under State law; and
``(2) it has been proven safe and effective in peer-
reviewed scientific studies.''
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT
THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE
REPLACEMENT THERAPY.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply 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 714(b) 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.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to therapies furnished on or after the date of the
enactment of this Act.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this section (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
SEC. 6. COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE
TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER FEHBP.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(p)(1) If a contract or plan provides benefits for outpatient
prescription drugs, the contract or plan may not exclude or restrict
benefits for hormone replacement therapy for treatment of menopausal
symptoms.
``(2) If a contract or plan provides benefits for hormone
replacement therapy for treatment of menopausal symptoms, the contract
or plan may not exclude or restrict benefits for an alternative therapy
for hormone replacement therapy for treatment of menopausal symptoms
if--
``(A) the therapy is recommended by a health care provider
who is licensed, accredited, or certified under State law; and
``(B) it has been proven safe and effective in peer-
reviewed scientific studies.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to contracts made and plans approved on or after the date
of the enactment of this Act.
SEC. 7. COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT
THERAPY UNDER VETERANS' BENEFITS.
(a) In General.--Section 1701(6) of title 38, United States Code,
is amended by adding at the end the following new subparagraph:
``(G) An alternative therapy for hormone
replacement therapy for treatment of menopausal
symptoms if the therapy is recommended by a health care
provider who is licensed, accredited, or certified
under State law and if it has been proven safe and
effective in peer-reviewed scientific studies.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to therapies made on or after the date of the enactment of this
Act.
SEC. 8. COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT
THERAPY UNDER TRICARE.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074k the following new section:
``Sec. 1074l. TRICARE program: benefits for alternative treatments for
hormone replacement therapy
``Each contract under the TRICARE program shall provide benefits
for an alternative therapy for hormone replacement therapy for
treatment of menopausal symptoms if--
``(1) the therapy is recommended by a health care provider
who is licensed, accredited, or certified under State law; and
``(2) it has been proven safe and effective in peer-
reviewed scientific studies.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074k the
following new item:
``1074l. TRICARE program: benefits for alternative treatments for
hormone replacement therapy.''.
(b) Effective Date.--Section 1074l of title 10, United States Code,
as added by subsection (a), shall apply to therapies furnished on or
after the date of the enactment of this Act. | Hormone Replacement Therapy Alternative Treatment Fairness Act - Amends the Social Security Act to include coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for hormone replacement therapy for menopausal symptoms under Medicare (title XVIII of the Act). Includes alternative treatments for hormone replacement therapy for menopausal symptoms under Medicaid (title XIX of the Act).Requires coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for hormone replacement therapy for menopausal symptoms on the same basis as outpatient prescription drugs under: (1) the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (group health plans and group and individual health insurance); (2) the Internal Revenue Code (group health plans);and (3) Federal employee health benefit plans.Includes alternative treatments for hormone replacement therapy for menopausal symptoms under veterans' benefits and the TRICARE program (a managed health care program of the armed forces). | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Spending Accountability
Act of 2012'' or the ``GSA Act of 2012''.
SEC. 2. LIMITS AND TRANSPARENCY FOR CONFERENCE AND TRAVEL SPENDING.
(a) Amendment.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5711 the following:
``Sec. 5712. Limits and transparency for conference and travel spending
``(a) Conference Transparency and Spending Limits.--
``(1) Public availability of conference materials.--Each
agency shall post on the public website of that agency detailed
information on any presentation made by any employee of that
agency at a conference (except to the extent the head of an
agency excludes such information for reasons of national
security) including--
``(A) the prepared text of any verbal presentation
made; and
``(B) any visual, digital, video, or audio
materials presented, including photographs, slides, and
audio-visual recordings.
``(2) Limits on amount expended on a conference.--
``(A) In general.--Except as provided in
subparagraph (B), an agency may not expend more than
$500,000 to support a single conference.
``(B) Exception.--The head of an agency may waive
the limitation in subparagraph (A) for a specific
conference after making a determination that the
expenditure is justified as the most cost-effective
option to achieve a compelling purpose. The head of an
agency shall submit to the appropriate congressional
committees a report on any waiver granted under this
subparagraph, including the justification for such
waiver.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to preclude an agency from
receiving financial support or other assistance from a
private entity to pay or defray the costs of a
conference the total cost of which exceeds $500,000.
``(b) International Conference Rule.--An agency may not pay the
travel expenses for more than 50 employees of that agency who are
stationed in the United States, for any international conference,
unless the Secretary of State determines that attendance for such
employees is in the national interest.
``(c) Report on Travel Expenses Required.--At the beginning of each
quarter of each fiscal year, each agency shall post on the public
website of that agency a report on each conference for which the agency
paid travel expenses during the preceding 3 months that includes--
``(1) the itemized expenses paid by the agency, including
travel expenses, and any agency expenditures to otherwise
support the conference;
``(2) the primary sponsor of the conference;
``(3) the location of the conference;
``(4) the date of the conference;
``(5) a brief explanation of how the participation of
employees from such agency at the conference advanced the
mission of the agency;
``(6) the title of any employee, or any individual who is
not a Federal employee, whose travel expenses or other
conference expenses were paid by the agency;
``(7) the total number of individuals whose travel expenses
or other conference expenses were paid by the agency; and
``(8) in the case of a conference for which that agency was
the primary sponsor, a statement that--
``(A) describes the cost to the agency of selecting
the specific conference venue;
``(B) describes why the location was selected,
including a justification for such selection;
``(C) demonstrates the cost efficiency of the
location;
``(D) provides a cost benefit analysis of holding a
conference rather than conducting a teleconference; and
``(E) describes any financial support or other
assistance from a private entity used to pay or defray
the costs of the conference, and for each case where
such support or assistance was used, the head of the
agency shall include a certification that there is no
conflict of interest resulting from such support or
assistance.
``(d) Format and Publication of Report.--Each report posted on the
public website under subsection (c) shall--
``(1) be in a searchable electronic format; and
``(2) remain on that website for at least 5 years after the
date of posting.
``(e) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given that
term under section 5701, but does not include the government of
the District of Columbia.
``(2) Conference.--The term `conference' means a meeting,
retreat, seminar, symposium, or event to which an employee
travels 25 miles or more to attend, that--
``(A) is held for consultation, education,
discussion, or training; and
``(B) is not held entirely at a Government
facility.
``(3) International conference.--The term `international
conference' means a conference occurring outside the United
States attended by representatives of--
``(A) the Government of the United States; and
``(B) any foreign government, international
organization, or foreign nongovernmental
organization.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5711 the following:
``5712. Limits and transparency for conference and travel spending.''.
(c) Annual Travel Expense Limits.--
(1) In general.--In the case of each of fiscal years 2013
through 2017, an agency (as defined under section 5712(e) of
title 5, United States Code, as added by subsection (a)) may
not make, or obligate to make, expenditures for travel
expenses, in an aggregate amount greater than 70 percent of the
aggregate amount of such expenses for fiscal year 2010.
(2) Identification of travel expenses.--
(A) Responsibilities.--Not later than December 31,
2012, and after consultation with the Administrator of
General Services and the Director of the Administrative
Office of the United States Courts, the Director of the
Office of Management and Budget shall establish
guidelines for the determination of what expenses
constitute travel expenses for purposes of this
subsection. The guidelines shall identify specific
expenses, and classes of expenses, that are to be
treated as travel expenses.
(B) Exemption for military travel.--The guidelines
required under subparagraph (A) shall exclude military
travel expenses in determining what expenses constitute
travel expenses. Military travel expenses shall include
travel expenses involving military combat, the training
or deployment of uniformed military personnel, and such
other travel expenses as determined by the Director of
the Office of Management and Budget, in consultation
with the Administrator of General Services and the
Director of the Administrative Office of the United
States Courts.
Passed the House of Representatives September 11, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Government Spending Accountability Act of 2012 or the GSA Act of 2012 - Requires each federal agency to post on its public website detailed information on employee presentations at conferences, including: (1) the prepared text of any verbal presentation; and (2) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings.
Limits to $500,000 the amount that any agency may spend to support a single conference. Allows an agency head to waive such limitation for a specific conference after making a determination that a higher expenditure is justified as the most cost-effective option to achieve a compelling purpose.
Prohibits an agency from paying the travel expenses for more than 50 employees stationed in the United States to attend any international conference, unless the Secretary of State determines that attendance of such employees is in the national interest.
Requires each agency to post on its public website quarterly reports on each conference for which the agency paid travel expenses during the preceding three months.
Limits agency travel expenses for FY2013-FY2017 to 70% of the aggregate amount of such expenses for FY2010. Requires the Director of the Office of Management and Budget (OMB) to establish guidelines for determining what expenses constitute travel expenses for purposes of the ceiling imposed on such expenses. Exempts from such limitation military travel expenses. | billsum_train |
Summarize the following text: SECTION 1. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE
DEATHS AND SEVERITY OF INJURIES CAUSED BY AGENTS OF WAR.
(a) FDA Authorization for Medical Products for Use in
Emergencies.--Section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) a determination by the Secretary of Defense that
there is a military emergency, or a significant potential for a
military emergency, involving a heightened risk to United
States military forces, including personnel operating under the
authority of title 10 or title 50, United States Code, of
attack with--
``(i) a biological, chemical, radiological, or nuclear
agent or agents; or
``(ii) an agent or agents that may cause, or are
otherwise associated with, an imminently life-threatening
and specific risk to United States military forces;''; and
(B) by adding at the end the following:
``(6) Military emergencies.--In the case of a determination
described in paragraph (1)(B), the Secretary shall determine,
within 45 calendar days of such determination, whether to make a
declaration under paragraph (1), and, if appropriate, shall
promptly make such a declaration.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``; and'' and inserting
``;'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) in the case of a determination described in subsection
(b)(1)(B)(ii), that the request for emergency use is made by the
Secretary of Defense; and''.
(b) Emergency Uses for Medical Products.--
(1) In general.--The Secretary of Defense may request that the
Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, take actions to expedite the
development of a medical product, review of investigational new
drug applications under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)), review of investigational
device exemptions under section 520(g) of such Act (21 U.S.C.
360j(g)), and review of applications for approval and clearance of
medical products under sections 505, 510(k), and 515 of such Act
(21 U.S.C. 355, 360(k), 360(e)) and section 351 of the Public
Health Service Act (42 U.S.C. 262), including applications for
licensing of vaccines or blood as biological products under such
section 351, or applications for review of regenerative medicine
advanced therapy products under section 506(g) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356(g)), if there is a military
emergency, or significant potential for a military emergency,
involving a specific and imminently life-threatening risk to United
States military forces of attack with an agent or agents, and the
medical product that is the subject of such application,
submission, or notification would be reasonably likely to diagnose,
prevent, treat, or mitigate such life-threatening risk.
(2) Actions.--Upon a request by the Secretary of Defense under
paragraph (1), the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall take action to
expedite the development and review of an applicable application or
notification with respect to a medical product described in
paragraph (1), which may include, as appropriate--
(A) holding meetings with the sponsor and the review team
throughout the development of the medical product;
(B) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the medical product to ensure that the development program to
gather the nonclinical and clinical data necessary for approval
or clearance is as efficient as practicable;
(C) involving senior managers and experienced review staff,
as appropriate, in a collaborative, cross-disciplinary review;
(D) assigning a cross-disciplinary project lead for the
review team to facilitate an efficient review of the
development program and to serve as a scientific liaison
between the review team and the sponsor;
(E) taking steps to ensure that the design of the clinical
trials is as efficient as practicable, when scientifically
appropriate, such as by minimizing the number of patients
exposed to a potentially less efficacious treatment;
(F) applying any applicable Food and Drug Administration
program intended to expedite the development and review of a
medical product; and
(G) in appropriate circumstances, permitting expanded
access to the medical product during the investigational phase,
in accordance with applicable requirements of the Food and Drug
Administration.
(3) Enhanced collaboration and communication.--In order to
facilitate enhanced collaboration and communication with respect to
the most current priorities of the Department of Defense--
(A) the Food and Drug Administration shall meet with the
Department of Defense and any other appropriate development
partners, such as the Biomedical Advanced Research and
Development Authority, on a semi-annual basis for the purposes
of conducting a full review of the relevant products in the
Department of Defense portfolio; and
(B) the Director of the Center for Biologics Evaluation and
Research shall meet quarterly with the Department of Defense to
discuss the development status of regenerative medicine
advanced therapy, blood, and vaccine medical products and
projects that are the highest priorities to the Department of
Defense (which may include freeze dried plasma products and
platelet alternatives),
unless the Secretary of Defense determines that any such meetings
are not necessary.
(4) Medical product.--In this subsection, the term ``medical
product'' means a drug (as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)), a device (as defined
in such section 201), or a biological product (as defined in
section 351 of the Public Health Service Act (42 U.S.C. 262)).
(c) Repeal.--Effective as of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, subsection (d) of section 1107a
of title 10, United States Code, as added by section 716 of the
National Defense Authorization Act for Fiscal Year 2018, is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) (Sec. 1) This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to authorize the emergency use of an otherwise unapproved medical product if the Department of Defense (DOD) determines that there is a military emergency involving an agent that may cause imminently life-threatening and specific risk to U.S. forces. If a military emergency is determined to exist, the bill allows DOD to request that the FDA expedite certain procedures for approving medical products that would be reasonably likely to diagnose, prevent, treat, or mitigate such risk. The FDA must take specified actions to facilitate such a request by DOD. The bill repeals provisions of the National Defense Authorization Act for Fiscal Year 2018 that allow DOD, rather than the FDA, to authorize the emergency use of an unapproved product under similar circumstances. Unless DOD determines such meetings to be unnecessary, the FDA shall meet with DOD: (1) semi-annually to conduct a full review of relevant medical products in the DOD portfolio; and (2) quarterly to discuss the development status of regenerative medicine advanced therapy, blood, and vaccine medical products and projects that DOD prioritizes. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2013''.
SEC. 2. IMPROVED ACCESS TO MEDICATION THERAPY MANAGEMENT UNDER PART D
OF THE MEDICARE PROGRAM.
Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w-
104(c)(2)) is amended--
(1) in subparagraph (A)(ii)(I), by striking ``have'' and
inserting ``subject to subparagraph (H), have''; and
(2) by adding at the end the following new subparagraph:
``(H) Expansion of definition of targeted
beneficiary the expansion reduces spending.--
``(i) CMS actuary report.--Not later than
January 1, 2014, the Chief Actuary of the
Centers for Medicare & Medicaid Services (in
this subparagraph referred to as the `Chief
Actuary') shall submit to the Secretary and to
Congress a report on whether or not the
expansion described in clause (ii) would, if
implemented, reduce expenditures under this
title. If the Chief Actuary determines that
such expansion would reduce spending under this
title, such report shall include a
certification of such determination.
``(ii) Expansion described.--The expansion
described in this clause is an expansion of the
definition of targeted beneficiary under
subparagraph (A)(ii) by applying subclause (I)
of such subparagraph as if the following were
inserted before the semicolon at the end: `or a
single chronic disease that accounts for high
spending under this title, including diabetes,
hypertension, heart failure, dyslipidemia,
respiratory disease (such as asthma, chronic
obstructive pulmonary disease, or chronic lung
disorders), bone disease-arthritis (such as
osteoporosis or osteoarthritis), rheumatoid
arthritis, and mental health (such as
depression, schizophrenia, or bipolar
disorder)'.
``(iii) Application if the chief actuary
determines that the expansion reduces
spending.--If the report under clause (i)
contains the certification described in such
clause, the following rules shall apply:
``(I) Implementation of
expansion.--Subject to subclause (III),
effective with respect to plan years
beginning on or after January 1, 2015,
subparagraph (A)(ii)(I) shall be
applied to include the expansion
described in clause (ii).
``(II) Updated cms actuary report
based on implementation.--Not later
than March 1, 2020, the Chief Actuary
shall submit to the Secretary and to
Congress a report on the implementation
of the expansion under subclause (I).
Such report shall include an analysis
of whether or not such expansion
reduces spending under this title.
``(III) Authority to terminate
expansion if the expansion does not
reduce spending.--If the Chief Actuary
determines in the report under
subclause (II) that the expansion does
not reduce spending under this title,
the Secretary may, effective with
respect to plan years beginning on or
after January 1, 2021, apply
subparagraph (A)(ii)(I) as if this
subparagraph had never been enacted. In
making the determination under the
preceding sentence, the Secretary shall
take into account whether such
expansion improves the quality of care
furnished to, and the health outcomes
of, individuals eligible for services
under a medication therapy management
program by reason of such expansion.''. | Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Delaware; and
(B) in the case of the property described in
section 3(b)(8), the States of Delaware and
Pennsylvania.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established the First State National Historical Park, to be
administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware and portions of the Colony of
Pennsylvania; and
(B) the role of Delaware--
(i) in the birth of the United States; and
(ii) as the first State to ratify the
Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
within the boundary of the historical park as generally depicted on the
maps numbered 1 through 6, entitled ``First State National Historical
Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA''
and ``First State National Historical Park, Woodlawn'', numbered T19/
80,000G, and dated February 2013:
(1) The Old Sherriff's House in New Castle County,
Delaware, as depicted on map 4 of 6.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware, as depicted on map 3 of 6.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware, as depicted on map 3 of 6.
(4) Old New Castle Courthouse in New Castle, Delaware, as
depicted on map 4 of 6.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware, as depicted on map 5 of 6.
(6) Dover Green in Kent County, Delaware, as depicted on
map 5 of 6.
(7) Ryves Holt House in Sussex County, Delaware, as
depicted on map 6 of 6.
(8) The Woodlawn property in New Castle County, Delaware,
and Delaware County, Pennsylvania, as depicted on map 2 of 6.
(9) Old New Castle Green, in New Castle, Delaware, as
depicted on map 4 of 6.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) Methods.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may acquire all or a portion of any
of the sites described in section 3(b), including
easements or other interests in land, by purchase from
a willing seller, donation, or exchange.
(B) Donation only.--
(i) Proposed nps site.--The Secretary may
acquire only by donation all or a portion of
the property identified as ``Proposed NPS
Site'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013, including
easements or other interests in land.
(ii) Area for potential addition by
donation.--The Secretary may acquire only by
donation all or a portion of the property
identified as ``Area for Potential Addition by
Donation'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and parts of the colony of Pennsylvania and Delaware's role in the birth of the United States and as the first state to ratify the Constitution. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Records and Privacy
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) telephone records can be of great use to criminals because
the information contained in call logs may include a wealth of
personal data;
(2) call logs may reveal the names of telephone users' doctors,
public and private relationships, business associates, and more;
(3) call logs are typically maintained for the exclusive use of
phone companies, their authorized agents, and authorized consumers;
(4) telephone records have been obtained without the knowledge
or consent of consumers through the use of a number of fraudulent
methods and devices that include--
(A) telephone company employees selling data to
unauthorized data brokers;
(B) ``pretexting'', whereby a data broker or other person
represents that they are an authorized consumer and convinces
an agent of the telephone company to release the data; or
(C) gaining unauthorized Internet access to account data by
improperly activating a consumer's account management features
on a phone company's webpage or contracting with an Internet-
based data broker who trafficks in such records; and
(5) the unauthorized disclosure of telephone records not only
assaults individual privacy but, in some instances, may further
acts of domestic violence or stalking, compromise the personal
safety of law enforcement officers, their families, victims of
crime, witnesses, or confidential informants, and undermine the
integrity of law enforcement investigations.
SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING
CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED
ENTITY.
(a) Offense.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1038 the following:
``Sec. 1039. Fraud and related activity in connection with obtaining
confidential phone records information of a covered entity
``(a) Criminal Violation.--Whoever, in interstate or foreign
commerce, knowingly and intentionally obtains, or attempts to obtain,
confidential phone records information of a covered entity, by--
``(1) making false or fraudulent statements or representations
to an employee of a covered entity;
``(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
``(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
``(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of this
title, without prior authorization from the customer to whom such
confidential phone records information relates;
shall be fined under this title, imprisoned for not more than 10 years,
or both.
``(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
``(1) Except as otherwise permitted by applicable law, whoever,
in interstate or foreign commerce, knowingly and intentionally
sells or transfers, or attempts to sell or transfer, confidential
phone records information of a covered entity, without prior
authorization from the customer to whom such confidential phone
records information relates, or knowing or having reason to know
such information was obtained fraudulently, shall be fined under
this title, imprisoned not more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall apply for
the use of confidential phone records information by any covered
entity, as defined in subsection (h).
``(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
``(1) Except as otherwise permitted by applicable law, whoever,
in interstate or foreign commerce, knowingly and intentionally
purchases or receives, or attempts to purchase or receive,
confidential phone records information of a covered entity, without
prior authorization from the customer to whom such confidential
phone records information relates, or knowing or having reason to
know such information was obtained fraudulently, shall be fined
under this title, imprisoned not more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall apply for
the use of confidential phone records information by any covered
entity, as defined in subsection (h).
``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates,
or attempts to violate, subsection (a), (b), or (c) while violating
another law of the United States or as part of a pattern of any illegal
activity involving more than $100,000, or more than 50 customers of a
covered entity, in a 12-month period shall, in addition to the
penalties provided for in such subsection, be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of this title, imprisoned for not more than 5 years, or both.
``(e) Enhanced Penalties for Use of Information in Furtherance of
Certain Criminal Offenses.--
``(1) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense described
in section 2261, 2261A, 2262, or any other crime of violence shall,
in addition to the penalties provided for in such subsection, be
fined under this title and imprisoned not more than 5 years.
``(2) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense under
section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,
threaten, harass, injure, or kill any Federal, State, or local law
enforcement officer shall, in addition to the penalties provided
for in such subsection, be fined under this title and imprisoned
not more than 5 years.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over an offense under this section.
``(g) Nonapplicability to Law Enforcement Agencies.--This section
does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.
``(h) Definitions.--In this section:
``(1) Confidential phone records information.--The term
`confidential phone records information' means information that--
``(A) relates to the quantity, technical configuration,
type, destination, location, or amount of use of a service
offered by a covered entity, subscribed to by any customer of
that covered entity, and kept by or on behalf of that covered
entity solely by virtue of the relationship between that
covered entity and the customer;
``(B) is made available to a covered entity by a customer
solely by virtue of the relationship between that covered
entity and the customer; or
``(C) is contained in any bill, itemization, or account
statement provided to a customer by or on behalf of a covered
entity solely by virtue of the relationship between that
covered entity and the customer.
``(2) Covered entity.--The term `covered entity'--
``(A) has the same meaning given the term
`telecommunications carrier' in section 3 of the Communications
Act of 1934 (47 U.S.C. 153); and
``(B) includes any provider of IP-enabled voice service.
``(3) Customer.--The term `customer' means, with respect to a
covered entity, any individual, partnership, association, joint
stock company, trust, or corporation, or authorized representative
of such customer, to whom the covered entity provides a product or
service.
``(4) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time voice communications
offered to the public, or such class of users as to be effectively
available to the public, transmitted through customer premises
equipment using TCP/IP protocol, or a successor protocol, (whether
part of a bundle of services or separately) with interconnection
capability such that the service can originate traffic to, or
terminate traffic from, the public switched telephone network, or a
successor network.''.
(b) Chapter Analysis.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding after the item
relating to section 1038 the following:
``1039. Fraud and related activity in connection with obtaining
confidential phone records information of a covered entity.''.
SEC. 4. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under section
1039 of title 18, United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years.
Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).
Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.
Grants extraterritorial jurisdiction over crimes defined by this Act.
Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Capital for Entrepreneurs
Act of 2006''.
SEC. 2. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified investor, the equity investment in small business tax credit
determined under this section for the taxable year is an amount equal
to 25 percent of the amount of each qualified equity investment made by
the qualified investor during the taxable year.
``(b) Credit Amount.--For purposes of determining the small
business tax credit under subsection (a)--
``(1) Limitation per qualified investor.--The amount of
qualified equity investments made by the qualified investor
during the taxable year shall not exceed $500,000.
``(2) Limitation per qualified small business.--The amount
of qualified equity investments made by the qualified investor
in a qualified small business during the taxable year shall not
exceed $250,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified investor.--The term `qualified investor'
means--
``(A) an individual who qualifies as an accredited
investor under rules and regulations prescribed by the
Commissioner of the Securities and Exchange Commission,
or
``(B) a partnership with respect to which all of
the partners are individuals who qualify as accredited
investors under rules and regulations prescribed by the
Commissioner of the Securities and Exchange Commission.
``(2) Qualified equity investment.--The term `qualified
equity investment' means the transfer of cash or cash
equivalents in exchange for stock or capital interest in a
qualified small business.
``(3) Qualified small business.--The term `qualified small
business' means a private small business concern (within the
meaning of section 3 of the Small Business Act)--
``(A) that meets the applicable size standard (as
in effect on January 1, 2005) established by the
Administrator of the Small Business Administration
pursuant to subsection (a)(2) of such section, and
``(B) has its principal place of business in the
United States.
For purposes of this section, all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b)) shall be treated as 1 qualified small
business.
``(d) Active Business Requirement.--
``(1) In general.--Holding stock in a qualified small
business shall not be treated as a qualified equity investment
unless, during substantially all of the qualified investor's
holding period for such stock, such qualified small business
meets the active business requirements of paragraph (2).
``(2) Requirements.--
``(A) In general.--For purposes of paragraph (1),
the requirements of this paragraph are met by a
qualified small business for any period if during such
period at least 80 percent (by value) of the assets of
such qualified small business are used by such
qualified small business in the active conduct of 1 or
more qualified trades or businesses.
``(B) Special rule for certain activities.--For
purposes of subparagraph (A), if, in connection with
any future qualified trade or business, a qualified
small business is engaged in--
``(i) start-up activities described in
section 195(c)(1)(A),
``(ii) activities resulting in the payment
or incurring of expenditures which may be
treated as research and experimental
expenditures under section 174, or
``(iii) activities with respect to in-house
research expenses described in section
41(b)(4),
assets used in such activities shall be treated as used
in the active conduct of a qualified trade or business.
Any determination under this subparagraph shall be made
without regard to whether a qualified small business
has any gross income from such activities at the time
of the determination.
``(C) Qualified trade or business.--For purposes of
this paragraph, the term `qualified trade or business'
is as defined in section 1202(e)(3).
``(D) Stock in other entities.--
``(i) Look-thru in case of subsidiaries.--
For purposes of this subsection, stock and debt
in any subsidiary entity shall be disregarded
and the parent qualified small business shall
be deemed to own its ratable share of the
subsidiary's assets, and to conduct its ratable
share of the subsidiary's activities.
``(ii) Portfolio stock or securities.--A
qualified small business shall be treated as
failing to meet the requirements of
subparagraph (A) for any period during which
more than 10 percent of the value of its assets
(in excess of liabilities) consists of stock or
securities in other entities which are not
subsidiaries of such qualified small business
other than assets described in subparagraph
(E)).
``(iii) Subsidiary.--For purposes of this
subparagraph, an entity shall be considered a
subsidiary if the parent owns more than 50
percent of the combined voting power of all
classes of stock entitled to vote, or more than
50 percent in value of all outstanding stock,
of such entity.
``(E) Working capital.--For purposes of
subparagraph (A), any assets which--
``(i) are held as a part of the reasonably
required working capital needs of a qualified
trade or business of the qualified small
business, or
``(ii) are held for investment and are
reasonably expected to be used within 2 years
to finance research and experimentation in a
qualified trade or business or increases in
working capital needs of a qualified trade or
business,
shall be treated as used in the active conduct of a
qualified trade or business. For periods after the
qualified small business has been in existence for at
least 2 years, in no event may more than 50 percent of
the assets of the qualified small business qualify as
used in the active conduct of a qualified trade or
business by reason of this subparagraph.
``(F) Maximum real estate holdings.--A qualified
small business shall not be treated as meeting the
requirements of subparagraph (A) for any period during
which more than 10 percent of the total value of its
assets consists of real property which is not used in
the active conduct of a qualified trade or business.
For purposes of the preceding sentence, the ownership
of, dealing in, or renting of real property shall not
be treated as the active conduct of a qualified trade
or business.
``(G) Computer software royalties.--For purposes of
subparagraph (A), rights to computer software which
produces active business computer software royalties
(within the meaning of section 543(d)(1)) shall be
treated as an asset used in the active conduct of a
trade or business.
``(e) Certain Purchases by Qualified Investor of Its Own Stock.--
``(1) Redemptions from qualified investor or related
person.--Stock acquired by the qualified investor shall not be
treated as a qualified equity investment if, at any time during
the 4-year period beginning on the date 2 years before the
issuance of such stock, the qualified small business issuing
such stock purchased (directly or indirectly) any of its stock
from the qualified investor or from a person related (within
the meaning of section 267(b) or 707(b)) to the qualified
investor.
``(2) Significant redemptions.--Stock issued by a qualified
small business to a qualified investor shall not be treated as
a qualified equity investment if, during the 2-year period
beginning on the date 1 year before the issuance of such stock,
such qualified small business made 1 or more purchases of its
stock with an aggregate value (as of the time of the respective
purchases) exceeding 5 percent of the aggregate value of all of
its stock as of the beginning of such 2-year period.
``(3) Treatment of certain transactions.--If any
transaction is treated under section 304(a) as a distribution
in redemption of the stock of any qualified small business, for
purposes of subparagraphs (A) and (B), such qualified small
business shall be treated as purchasing an amount of its stock
equal to the amount treated as such a distribution under
section 304(a).
``(f) Special Rule for Related Parties.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to a qualified equity investment
made by a qualified investor in a qualified small business that
is a related party to the qualified investor.
``(2) Related party.--For purposes of paragraph (1), a
person is a related party with respect to another person if
such person bears a relationship to such other person described
in section 267(b) or 707(b), or if such persons are engaged in
trades or businesses under common control (within the meaning
of subsections (a) and (b) of section 52).
``(g) Recapture of Credit in Certain Cases.--
``(1) In general.--If, at any time during the 3-year period
beginning on the date that the qualified equity investment is
made by the qualified investor, there is a recapture event with
respect to such investment, then the tax imposed by this
chapter for the taxable year in which such event occurs shall
be increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the aggregate decrease in the credits allowed
to the taxpayer under section 38 for all prior taxable
years which would have resulted if no credit had been
determined under this section with respect to such
investment, plus
``(B) interest at the underpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Recapture event.--For purposes of paragraph (1),
there is a recapture event with respect to a qualified equity
investment if such investment is sold, transferred, or
exchanged by the qualified investor, but only to the extent
that such sale, transfer, or exchange is not the direct result
of a complete or partial liquidation of the qualified small
business in which such qualified equity investment is made.
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under this chapter or for purposes
of section 55.
``(h) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment.
``(i) Regulations.--
``(1) In general.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(2) Certification of qualified equity investment.--Such
regulations shall require that a qualified investor--
``(A) certify that the small business in which the
equity investment is made meets the requirements
described in subsection (c)(3), and
``(B) include the name, address, and taxpayer
identification number of such small business on the
return claiming the credit under subsection (a).
``(j) Termination.--This section shall not apply to qualified
equity investments made in taxable years beginning after December 31,
2011.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (29), by striking the period at the end
of paragraph (30) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(31) in the case of a taxpayer, the equity investment in
small business tax credit determined under section 45N(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45N. Equity investment in small business tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified equity investments made after December 31, 2006, in
taxable years beginning after such date. | Access to Capital for Entrepreneurs Act of 2006 - Amends the Internal Revenue Code to allow certain investors a business tax credit for 25% of equity investments made in small businesses, up to an annual limit of $500,000. Terminates such credit after 2011. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Incentive Act of
1993''.
SEC. 2. EXEMPTED SECURITIES.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
(1) in paragraph (1), by inserting after the first sentence
the following new sentence: ``Such issuer shall be deemed to be
an investment company for purposes of the limitations set forth
in subparagraphs (A)(i) and (B)(i) of section 12(d)(1)
governing the purchase or other acquisition by such issuer of
any security issued by a registered investment company and the
sale of any security issued by a registered open-end investment
company to any such issuer.'';
(2) in paragraph (1)(A)--
(A) by inserting after ``issuer'' the first place
it appears ``and the company is or (but for the
exceptions set forth in this paragraph and paragraph
(7)) would be an investment company''; and
(B) by striking ``unless as of the date'' and all
that follows through the end of subparagraph (A) and
inserting a period; and
(3) by amending paragraph (7) to read as follows:
``(7) Any issuer whose outstanding securities are owned
exclusively by persons who, at the time of acquisition of such
securities, are qualified purchasers, except that such issuer
shall be deemed to be an investment company for purposes of the
limitations set forth in subparagraphs (A)(i) and (B)(i) of
section 12(d)(1) governing the purchase or other acquisition by
such issuer of any security issued by a registered investment
company and the sale of any security issued by a registered
open-end investment company to any such issuer.''.
SEC. 4. DEFINITION OF QUALIFIED PURCHASER.
Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
2(a)) is amended by adding at the end the following new paragraph:
``(51) `Qualified purchaser' means--
``(A) any natural person who owns at least
$10,000,000 in securities of issuers, each of which is
not an affiliated person, as defined in section
2(a)(3)(C), of such person;
``(B) any person, acting for its own account or the
accounts of other qualified purchasers, who in the
aggregate owns and invests on a discretionary basis,
not less than $100,000,000 in securities of issuers,
each of which is not an affiliated person, as defined
in section 2(a)(3)(C), of such person; or
``(C) any person, who may own or invest a lesser
amount in securities than specified in subparagraphs
(A) and (B), that the Commission, by rule or
regulation, has determined does not need the
protections of this title, after consideration of
factors such as--
``(i) a high degree of financial
sophistication, including extensive knowledge
of and experience in financial matters;
``(ii) sizable net worth;
``(iii) a substantial amount of assets
owned or under management;
``(iv) relationship with an issuer; or
``(v) such other factors as the Commission
may determine to be consistent with the purpose
of this paragraph.
The Commission also may adopt such rules and regulations
governing the persons specified in subparagraphs (A) and (B) as
it determines are necessary or appropriate in the public
interest and for the protection of investors.''.
SEC. 5. DEFINITION OF INVESTMENT SECURITIES.
Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(a)) is amended in the last sentence by striking subparagraph (C) and
inserting the following: ``(C) securities issued by any majority-owned
subsidiary of the owner, unless such subsidiary is an investment
company or is excluded from the definition of an investment company
solely by virtue of paragraph (1) or (7) of subsection (c).''.
SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT
COMPANIES.
Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
6(a)) is amended by adding at the end the following new paragraph:
``(5)(A) Any company that is not engaged in the business of
issuing redeemable securities, the operations of which are
subject to regulation by the State in which the company is
organized under a statute governing entities that provide
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State if--
``(i) the organizational documents of the company
state that the activities of the company are limited to
the promotion of economic, business, or industrial
development in the State through the provision of
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State,
and such other activities that are incidental or
necessary to carry out that purpose;
``(ii) immediately following each sale of the
securities of the company by the company or any
underwriter for the company, not less than 80 percent
of the securities of the company being offered in such
sale, on a class-by-class basis, are held by persons
who reside or have a substantial business presence in
that State;
``(iii) the securities of the company are sold, or
proposed to be sold, by the company or any underwriter
for the company, solely to accredited investors, as
defined in section 2(15) of the Securities Act of 1933,
or to such other persons that the Commission, as
necessary or appropriate in the public interest and
consistent with the protection of investors, may permit
by rule, regulation, or order; and
``(iv) the company does not purchase any security
issued by an investment company, as defined in section
3, or by any company that would be an investment
company except for the exclusions from the definition
of investment company in section 3(c), other than--
``(I) any security that is rated investment
grade by at least 1 nationally recognized
statistical rating organization; or
``(II) any security issued by a registered
open-end investment company that is required by
its investment policies to invest not less than
65 percent of its total assets in securities
described in subclause (I) or securities that
are determined by such registered open-end
investment company to be comparable in quality
to securities described in subclause (I).
``(B) Notwithstanding the exemption provided by this
paragraph, the provisions of section 9 (and, to the extent
necessary to enforce such provisions, sections 38 through 51)
of this title shall apply to a company described in this
paragraph as if the company were an investment company
registered under this title.
``(C) Any company proposing to rely on the exemption
provided by this paragraph shall file with the Commission a
notification stating that the company intends to do so, in such
form and manner as the Commission may prescribe by rule.
``(D) Any company meeting the requirements of this
paragraph may rely on the exemption provided by this paragraph
upon filing with the Commission the notification required by
subparagraph (C), until such time as the Commission determines
by order that such reliance is not in the public interest or
consistent with the protection of investors.
``(E) The exemption provided by this paragraph may be
subject to such additional terms and conditions as the
Commission may by rule, regulation, or order determine are
necessary or appropriate in the public interest or for the
protection of investors.''.
SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION.
Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-6(d)(1)) is amended by striking ``$100,000'' and inserting
``$10,000,000, or such other amount as the Commission may set by rule,
regulation, or order''.
SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY.
Section 2(a)(46)(C) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(46)(C)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) it has total assets of not more
than $4,000,000, and capital and surplus
(shareholders' equity less retained earnings)
of not more than $2,000,000, except that the
Commission may adjust such amounts by rule,
regulation, or order to reflect changes in 1 or
more generally accepted indices or other
indicators for small businesses; or''.
SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY.
Section 2(a)(48)(B) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at
the end the following: ``, and provided further that a business
development company need not make available significant managerial
assistance with respect to any company described in section
2(a)(46)(C)(iii), or with respect to any other company that meets such
criteria as the Commission may by rule, regulation, or order permit, as
consistent with the public interest, the protection of investors, and
the purposes fairly intended by the policy and provisions of this
title''.
SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES.
Section 55(a)(1)(A) of the Investment Company Act of 1940 (15
U.S.C. 80a-54(a)(1)(A)) is amended--
(1) by striking ``or from any person'' and inserting ``from
any person''; and
(2) by inserting before the semicolon ``, or from any other
person, subject to such rules and regulations as the Commission
may prescribe as necessary or appropriate in the public
interest or for the protection of investors''.
SEC. 11. FILING OF WRITTEN STATEMENTS.
Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-63(b)(1)) is amended by inserting ``and capital structure'' after
``portfolio''. | Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act.
Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers."
Sets forth conditions under which certain business and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act.
Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act.
Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million.
Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria.
Permits a business development company to acquire the securities of an eligible portfolio company from persons other than such portfolio company itself.
Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yates Firearm Registration and Crime
Prevention Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) crimes committed with guns threaten the peace and
domestic tranquillity of the citizens of the United States and
the security and general welfare of the Nation and its people;
(2) the unregistered and unregulated circulation of
firearms in the United States increases the number of crimes
committed with firearms;
(3) firearms crimes have created a substantial burden on
interstate and foreign commerce;
(4) fear of firearms crimes discourages citizens from
traveling between the States to conduct business or to visit
national shrines and monuments, including the Nation's Capital;
(5) in view of the ease with which firearms may be
concealed and transported across State lines, individual State
action to regulate firearms is made ineffective by lax
regulation in other States and, accordingly, national
legislation establishing minimum standards for the registration
and regulation of firearms is necessary to permit effective
State action;
(6) crimes committed with guns have disrupted our national
political processes and threaten the republican form of
government within the States as guaranteed by Article IV of the
United States Constitution;
(7) the use of guns in homicides is not evenly distributed
across population subgroups, death and injury in criminal
violence from firearms are especially pronounced in the younger
age groups and among minorities, and firearm homicide is the
second leading cause of death for 15- to 19-year-olds and is
increasing more rapidly than any other cause of death;
(8) the Second Amendment to the United States Constitution
was established to provide for the common defense by protecting
the rights of the individual States to organize militias in
times of national emergency;
(9) firearm ownership is a privilege, not unlike that of
driving a car, and it is the duty and obligation of the Federal
Government to institute regulations and guidelines in order to
safeguard the welfare of the general public; and
(10) officials of the Government of the United States,
including 4 Presidents of the United States and candidates for
national public office, have been assassinated by use of
firearms, and the lives of national officials of the
legislative, executive, and judicial branches are increasingly
threatened by the unregistered and unregulated circulation of
firearms in the United States.
SEC. 3. REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS
PERMITS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 44 the following:
``CHAPTER 44A--REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS
PERMITS
``Sec.
``941. Definitions.
``942. Registration of firearms and firearm transfers.
``943. Permits for possession and transfer of firearms and ammunition.
``944. Disposition of unregistered firearms.
``945. Penalties.
``946. Administration.
``947. Effect on State law.
``Sec. 941. Definitions
``The definitions in section 921(a) shall apply for purposes of
this chapter.
``Sec. 942. Registration of firearms and firearm transfers
``(a)(1) It shall be unlawful for any person who owns a firearm in
the United States on the effective date of this chapter to fail to
register the firearm with the Secretary in accordance with subsection
(b) within 1 year after the effective date.
``(2) It shall be unlawful for any person who manufactures a
firearm in, or imports a firearm into, the United States to fail to
register the firearm with the Secretary in accordance with subsection
(b) within 7 calendar days after the date of manufacture or
importation.
``(3)(A) It shall be unlawful for any person who transfers, or to
whom is transferred, a firearm in the United States to fail to register
the firearm transfer with the Secretary in accordance with subsection
(b) within 7 calendar days after the date of the transfer.
``(B) Subparagraph (A) shall not apply to the delivery of a firearm
by or to a common carrier, licensed pursuant to Federal or State law to
transport firearms, in connection with the otherwise lawful transport
of the firearm.
``(b) A person may register a firearm or firearm transfer by
submitting to the Secretary, in person or by mail, the following
information:
``(1) The name, age, address, and social security number
(if any), of--
``(A) the person; or
``(B) in the case of a firearm transfer, the
transferor and the transferee.
``(2) The name of the manufacturer, the caliber or gauge
(as appropriate), the model and type, and the serial number
identification (if any) of the firearm.
``(c) It shall be unlawful for any person who discovers that the
person has lost a firearm or that a firearm has been stolen from the
person to fail to submit to the Secretary, during the 48-hour period
that begins with the time the person discovers the loss or theft, a
report of the loss or theft, which shall include such information as
the Secretary shall by regulation prescribe, including the date and
place of the loss or theft.
``Sec. 943. Permits for possession and transfer of firearms and
ammunition
``(a)(1) Beginning 1 year after the effective date of this chapter,
it shall be unlawful for a person to possess a firearm or ammunition in
or affecting commerce unless the Secretary has issued to the person a
firearms permit under subsection (b) which has not become invalid.
``(2)(A) It shall be unlawful for a person to transfer or receive a
firearm or ammunition in or affecting commerce unless the transferee or
recipient has and displays to the transferor a firearms permit issued
to the transferee or recipient by the Secretary under subsection (b)
which has not become invalid.
``(B) Subparagraph (A) shall not apply to the delivery of a firearm
by or to, or the receipt of a firearm from, a common carrier licensed
pursuant to Federal or State law to transport firearms, in connection
with the otherwise lawful transportation of the firearm.
``(b) The Secretary shall issue a firearms permit to an applicant
upon receipt of a written application that contains the following:
``(1) A statement that the applicant--
``(A) has attained 18 years of age;
``(B) is not under indictment for, or been
convicted in a court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(C) is not a fugitive from justice;
``(D) is not an unlawful user of, or addicted to, a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(E) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(F) is not an alien who is illegally or
unlawfully in the United States;
``(G) has not been discharged from the armed forces
under dishonorable conditions;
``(H) is not a person who, having been a citizen of
the United States, has renounced such citizenship; and
``(I) is not subject to a court order that--
``(i) was issued after a hearing of which
the applicant received actual notice, and at
which the applicant had an opportunity to
participate;
``(ii) restrains the applicant from
harassing, stalking, or threatening an intimate
partner of the applicant or a child of such an
intimate partner or the applicant, or engaging
in other conduct that would place an intimate
partner in reasonable fear of bodily injury to
the partner or child; and
``(iii)(I) includes a finding that the
applicant 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.
``(2) A photograph and fingerprints of the applicant, which
shall be obtained in such manner as the Secretary shall by
regulation prescribe.
``(3) Such additional information regarding the applicant,
including date and place of birth, gender, height, weight, eye
and hair color, and present and previous residences, as the
Secretary shall by regulation prescribe.
``(4) The notarized signature of the applicant, who shall
swear or attest to the truth of all statements, information,
and material provided in the application.
``(c) A firearms permit issued to a person under subsection (b)
shall be invalid if it becomes unlawful for the person to receive a
firearm in interstate or foreign commerce.
``(d) It shall be unlawful for a person to fail to return to the
Secretary a firearms permit issued to the person under subsection (b)
within 7 calendar days after the date the permit becomes invalid.
``Sec. 944. Disposition of unregistered firearms
``(a) Within 1 year after the effective date of this chapter, the
owner of a firearm may dispose of the firearm at such place as the
Secretary may designate, and upon such disposition, the Secretary shall
pay the owner an amount equal to the fair market value of the firearm.
``(b) The Secretary shall provide for the destruction of any
firearm acquired by the Secretary pursuant to this section, except any
such firearm which the Secretary finds is needed in a criminal
investigation or prosecution, or has unique historic or technological
value.
``Sec. 945. Penalties
``(a) Whoever knowingly owns, possesses, transfers, or receives any
firearm or ammunition in violation of this chapter shall be fined under
this title, imprisoned not more than 10 years, or both.
``(b) Whoever knowingly obliterates, defaces, or otherwise alters
the serial number identification of a firearm shall be fined under this
title, imprisoned not more than 10 years, or both.
``(c) Whoever knowingly violates section 942(c) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(d) Whoever, with the intent to evade a requirement or obstruct
the enforcement of this chapter, furnishes to a person a firearms
permit which has not been issued to the person under section 943(b)
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(e) Whoever knowingly violates section 943(d) shall be fined
under this title, imprisoned not more than 10 years, or both.
``(f) Any firearm or ammunition involved in, or used or intended to
be used in, a violation of this chapter shall be subject to seizure and
forfeiture, and all provisions of the Internal Revenue Code of 1986
relating to the seizure, forfeiture, and disposition of firearms (as
defined in section 5845(a) of such Code) shall, so far as applicable,
extend to seizures and forfeitures under this subsection.
``Sec. 946. Administration
``(a) The Secretary shall establish and maintain records of the
information submitted pursuant to this chapter.
``(b) The Secretary shall cooperate with the State and local law
enforcement officers in making available to them, under appropriate
safeguards, information gathered pursuant to this chapter, and shall
undertake to establish reciprocal channels of information with the
States to carry out this chapter.
``(c) The Secretary may prescribe such rules and regulations as the
Secretary deems reasonably necessary to carry out this chapter.
``(d) To meet the expenses of carrying out this chapter, the
Secretary may prescribe reasonable fees to be paid by any person who--
``(1) registers a firearm or firearm transfer pursuant to
section 942; or
``(2) applies for a permit under section 943.
``(e) Upon request of the Secretary, the head of a department or
agency of the Federal Government shall assist the Secretary in the
administration of this chapter, unless the President prohibits the
provision of such assistance.
``Sec. 947. Effect on State law
``No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which the
provision operates to the exclusion of the law of any State or
possession on the same subject matter, unless there is a direct and
positive conflict between the provision and the law of the State or
possession so that the 2 cannot be reconciled or consistently stand
together.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of the enactment of this Act. | Yates Firearm Registration and Crime Prevention Act of 1997 - Amends the Federal criminal code to make it unlawful for any person who: (1) owns a firearm in the United States to fail to register such firearm with the Secretary of the Treasury within one year after this Act; (2) manufactures a firearm in, or imports a firearm into, the United States to fail to register such firearm within seven days of such manufacture or importation; or (3) transfers, or to whom is transferred, a firearm in the United States to fail to register such firearm within seven days of such transfer.
Makes it unlawful for any person who loses a firearm or discovers a firearm to have been stolen to fail to report such loss or theft to the Secretary within 48 hours.
Makes it unlawful for a person to: (1) possess a firearm or ammunition in or affecting commerce unless the Secretary has issued to such person a valid firearms permit; or (2) transfer or receive such a firearm or ammunition unless the transferee or recipient has and displays to the transferor a valid permit.
Provides permit application requirements.
Authorizes an owner to dispose of a firearm at a place designated by the Secretary. Requires the Secretary to pay the fair market value of such firearm.
Provides penalties for noncompliance with this Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Access to Emergency
Medical Services Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES
Sec. 101. Establishment.
Sec. 102. Duties.
Sec. 103. Membership.
Sec. 104. Staff and consultants.
Sec. 105. Powers.
Sec. 106. Report on ways to promote the effective delivery of emergency
medical services.
Sec. 107. Termination.
Sec. 108. Authorization of appropriations.
TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES
Sec. 201. Additional payments for certain physicians' services.
TITLE III--HOSPITAL AND CRITICAL ACCESS REPORTING ON CERTAIN EMERGENCY
DEPARTMENT INFORMATION
Sec. 301. Requirement to report information on certain emergency
department information as condition of
Medicare participation.
TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES
SEC. 101. ESTABLISHMENT.
There is established the United States Bipartisan Commission on
Access to Emergency Medical Services (in this title referred to as the
``Commission'').
SEC. 102. DUTIES.
(a) In General.--The Commission shall perform the following duties:
(1) Identify and examine factors (including factors
described in subsection (b)) in the health care delivery,
financing, and legal systems that affect the effective delivery
of screening and stabilization services furnished in hospitals
that have emergency departments pursuant to EMTALA.
(2) Make specific recommendations to Congress, taking into
account the considerations specified in subsection (c), with
respect to Federal programs, policies, and financing needed to
assure the availability of such screening and stabilization
services and the coordination of State, local, and Federal
programs for responding to disasters and emergencies.
(b) Factors Considered.--For purposes of subsection (a)(1), the
Commission shall examine at least the following factors, with respect
to emergency departments of hospitals:
(1) Crowded conditions in such emergency departments and
the practice of boarding patients who require admission, or
have already been admitted, to a hospital for extended periods
in such departments and in the areas adjacent to such
departments.
(2) With respect to individuals who present at such
emergency departments for the treatment of emergency medical
conditions, any barriers that impede access within a reasonable
period of time to screening, stabilization services, and other
appropriate consultations of physicians listed by the hospital
on its list of on-call physicians.
(3) The potential legal and financial liability of health
care professionals and providers with respect to services
required to be furnished to patients under EMTALA, relating to
the requirement of emergency departments to screen and
appropriately treat or transfer individuals presenting
themselves at the departments with emergency medical conditions
and women in labor.
(c) Considerations in Recommendations.--In making recommendations
under subsection (a)(2), the Commission shall consider the following:
(1) Any changes in Federal law that would be necessary to
promote the effective delivery of emergency medical services.
(2) The amount and sources of Federal funds to finance such
changes.
(3) The advantages and disadvantages of alternative
approaches to protecting health care professionals and
providers from legal and financial liability with respect to
services required to be furnished to individuals under EMTALA,
such as establishing Federal limits on such liability--
(A) that would supersede any conflicting State law
related to such liability; and
(B) which may be the same as appropriate limits on
liability that are established for public health
professionals.
(4) The most efficient and effective manner of coordinating
State, local, and Federal programs for responding to disasters
and emergencies, with respect to the delivery of emergency
medical services.
(d) Definitions.--For purposes of this title:
(1) Hospital.--The term ``hospital'' has the meaning given
such term in section 1867(e)(5) of the Social Security Act (42
U.S.C. 1395dd)).
(2) EMTALA.--The term ``EMTALA'' means section 1867 of the
Social Security Act (42 U.S.C. 1395dd).
SEC. 103. MEMBERSHIP.
(a) Appointment.--
(1) The Commission shall be composed of 18 members, who
shall be appointed not later than the date that is 60 days
after the date of the enactment of this Act and in accordance
with paragraph (2), as follows:
(A) The President shall appoint six members of the
Commission.
(B) The Speaker of the House of Representatives,
after consultation with the minority leader of the
House of Representatives, shall appoint six members of
the Commission.
(C) The majority leader of the Senate, after
consultation with the minority leader of the Senate,
shall appoint six members of the Commission.
(2) Of the members appointed under paragraph (1), the
President, the Speaker of the House of Representatives, and the
majority leader of the Senate shall each appoint as members of
the commission--
(A) two individuals who represent physicians and
other health care professionals who provide emergency
medical services;
(B) two individuals who are elected or appointed
Federal, State, or local officials and who are involved
in issues and programs related to the provision of
emergency medical services; and
(C) two health care consumer advocates.
(b) Chairman and Vice Chairmen.--The Commission shall elect a
chairman and four vice chairmen from among its members.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
member may serve after the expiration of that member's term until a
successor has taken office. Any vacancy in the membership of the
Commission shall be filled in the manner in which the original
appointment was made and shall not affect the power of the remaining
members to execute the duties of the Commission.
(e) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Travel expenses.--All members of the Commission shall
be reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Commission
while away from their homes or regular places of business, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(f) Quorum.--A quorum shall consist of nine members of the
Commission, except that six or more members may conduct a hearing under
section 105(a).
(g) Meetings.--The Commission shall meet at the call of its
chairman or a majority of its members.
SEC. 104. STAFF AND CONSULTANTS.
(a) Staff.--The Commission may appoint and determine the
compensation of such staff as may be necessary to carry out the duties
of the Commission. Such appointments and compensation may be made
without regard to the provisions of title 5, United States Code, that
govern appointments in the competitive services, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title that relate
to classifications and the General Schedule pay rates.
(b) Consultants.--The Commission may procure such temporary and
intermittent services of experts and consultants as the Commission
determines to be necessary to carry out the duties of the Commission,
in accordance with section 3109(b) of title 5, United States Code, but
at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of such title.
(c) Detail of Federal Employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to detail,
without reimbursement to the agency, any of the personnel of such
agency to the Commission to assist the Commission in carrying out its
duties. Any such detail shall not interrupt or otherwise affect the
civil service status or privileges of such personnel.
SEC. 105. POWERS.
(a) Hearings and Other Activities.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the Commission
determines necessary to carry out its duties. The Commission may
administer oaths or affirmations to witnesses appearing before it.
(b) Studies by Government Accountability Office.--Upon the request
of the Commission, the Comptroller General shall conduct such studies
or investigations as the Commission determines to be necessary to carry
out its duties.
(c) Cost Estimates by Congressional Budget Office.--
(1) Duty to provide requested estimates.--Upon the request
of the Commission, the Director of the Congressional Budget
Office shall provide to the Commission such cost estimates as
the Commission determines to be necessary to carry out its
duties.
(2) Reimbursement for development of cost estimates.--The
Commission shall reimburse the Director of the Congressional
Budget Office for expenses relating to the employment in the
office of the Director of such additional staff as may be
necessary for the Director to comply with requests by the
Commission under paragraph (1).
(d) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.
(e) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies,
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(f) Obtaining Information.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry out its
duties, if the information may be disclosed under section 552 of title
5, United States Code. Upon request of the Chairman of the Commission,
the head of such agency shall furnish such information to the
Commission.
(g) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
(h) Acceptance of Donations.--The Commission may accept, use, and
dispose of gifts and donations of services or property.
(i) Printing.--For purposes of costs relating to printing and
binding, including the costs of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 106. REPORT ON WAYS TO PROMOTE THE EFFECTIVE DELIVERY OF EMERGENCY
MEDICAL SERVICES.
Not later than the date that is 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress a report
containing its findings and recommendations described in section
102(a), including recommendations to remove any identified barriers to
the effective delivery of emergency medical services in the United
States and detailed recommendations for appropriate legislative
initiatives to remove such barriers.
SEC. 107. TERMINATION.
The Commission shall terminate 30 days after the date of submission
of the report required in section 106.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES
SEC. 201. ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES.
(a) In General.--Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended by adding at the end the following new subsection:
``(v) Additional Payment for Physicians' Services Furnished
Pursuant to EMTALA.--In the case of physicians' services furnished on
or after January 1, 2008, in the emergency department of a hospital (as
defined in subsection (e)(5) of section 1867) pursuant to such section
to an individual covered under the insurance program established under
this part, in addition to the amount of payment that will otherwise be
made for such services under this part, there shall also be paid to the
physician or other person involved (or in the cases described in
subparagraph (A) of section 1842(b)(6), to an employer or other entity
involved) from the Federal Supplementary Trust Fund an amount equal to
10 percent of the payment amount for the services under this part
(determined without regard to any additional amounts paid under
subsection (m) or (u)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2008.
TITLE III--HOSPITAL AND CRITICAL ACCESS REPORTING ON CERTAIN EMERGENCY
DEPARTMENT INFORMATION
SEC. 301. REQUIREMENT TO REPORT INFORMATION ON CERTAIN EMERGENCY
DEPARTMENT INFORMATION AS CONDITION OF MEDICARE
PARTICIPATION.
(a) Requirement.--Section 1866(a)(1) of the Social Security Act (42
U.S.C. 1395cc(a)(1)) is amended-
(1) by striking ``and'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``, and''; and
(3) by inserting after subparagraph (V) the following new
subparagraph:
``(W) in the case of a hospital (as defined in
section 1867(e)(5)) that has an emergency department,
to report to the Secretary information in accordance
with subsection (k)(1).''.
(b) Reporting by Hospitals and Critical Access Hospitals of
Emergency Department Information and Public Disclosure of Such
Information.--Section 1866 of such Act (42 U.S.C. 1395cc) is further
amended by adding at the end the following new subsection:
``(k) Reporting by Hospitals of Emergency Department Information
and Public Disclosure of Such Information.--
``(1) Annual reporting requirement.--
``(A) In general.--For purposes of subsection
(a)(1)(W), a hospital (as defined in section
1867(e)(5)) that has an emergency department shall
annually submit to the Secretary a report (beginning
for 2008) on the average admission period described in
subparagraph (B) at such hospital for such year.
``(B) Admission period described.--The admission
period described in this subparagraph, with respect to
a hospital (as so defined) that has an emergency
department, is the period beginning at the time of
admission to the hospital of a patient who presents to
such department and ending at the time at which such
patient arrives at the patient's definitive inpatient
destination in the hospital, which may not be an area
immediately outside of the emergency department used to
temporarily hold such patient until such patient
arrives at the definitive inpatient destination.
``(C) Administration.--Each report submitted under
subparagraph (A) shall be in such form and manner and
at such time as the Secretary specifies.
``(2) Public disclosure of information.--The Secretary
shall promptly post, on the official public Internet site of
the Department of Health and Human Services, the information
reported under paragraph (1)(A). Such information shall be set
forth in a manner that promotes comparison of such information
among hospitals.''.
(c) Designation of Emergency Department Quality Measure.--
(1) In general.--Not later than January 1, 2010, based on
information reported under section 1866(k)(1)(A) of the Social
Security Act for 2008 and after consultation with experts in
emergency care, inpatient critical care, hospital operations
management, nursing, and other relevant disciplines, the
Secretary of Health and Human Services shall--
(A) determine whether or not a quality measure
described in paragraph (2) should be developed for
purposes of inclusion as a performance measure required
to be reported by hospitals under section
1886(b)(3)(B)(viii) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(B)(viii)) or section 1833(t)(17) of
such Act (42 U.S.C. 1395l(t)(17)), as added by section
109(a)(1)(B) of the Medicare Improvements and Extension
Act of 2006 (division B of Public Law 109-432), as
appropriate, to improve the quality of health care
delivery; and
(B) in the case that the Secretary determines under
subparagraph (A) that such a quality measure should be
developed for such inclusion, develop such a quality
measure and specify the date on which such quality
measure will be so included for purposes of such
sections.
(2) Quality measure described.--The quality measure
described in this paragraph, with respect to a hospital for a
year, is a measure with respect to the average admission period
described in section 1866(k)(1)(B) of the Social Security Act,
as added by subsection (b) at such hospital for such year. | Access to Emergency Medical Services Act of 2007 - Establishes the United States Bipartisan Commission on Access to Emergency Medical Services to: (1) identify and examine factors in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to the Emergency Medical Treatment and Labor Act (EMTALA); and (2) make specific recommendations to Congress with respect to federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of state, local, and federal programs for responding to disasters and emergencies.
Amends title XVIII (Medicare) of the Social Security Act to provide for additional payments for certain physicians' emergency services furnished pursuant to EMTALA.
Requires critical access hospitals with an emergency department to report annually to the Secretary of Health and Human Services information on the hospital's average admission period for the year. Requires the Secretary to post the reported information promptly on the official public Internet site of the Department of Health and Human Services.
Directs the Secretary, based on the information reported for 2008, to develop an emergency department quality measure, if it is determined that one should be included in the performance measures hospitals are required to report. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palestinian Peace Promotion and
Anti-Incitement Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Palestinian Authority has not fully lived up to its
prior agreements with Israel to end incitement; and
(2) the Palestinian Authority should do more to prepare the
Palestinian people for peace with Israel.
SEC. 3. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
Chapter 1 of part III of the Foreign Assistance Act of 1961 is
amended--
(1) by redesignating the second section 620J (as added by
section 651 of Public Law 110-161) as section 620M; and
(2) by adding at the end the following:
``SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
``(a) Prohibition of Funds.--No funds may be provided under this
Act to the Palestinian Authority.
``(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Foreign Affairs of the House of Representatives and
Foreign Relations of the Senate that waiving such prohibition is
important to the national security interests of the United States.
``(c) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed. Such report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons, and
dismantle the terrorist infrastructure.
``(d) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State shall certify
and report to the Committees on Foreign Affairs of the House of
Representatives and Foreign Relations of the Senate prior to the
obligation of funds that--
``(1) the Palestinian Authority has established a single
treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil
service roster and payroll; and
``(2) the Palestinian Authority no longer engages in a
pattern of incitement against the United States or Israel and
is engaged in peace preparation activities aimed at promoting
peace with the Jewish State of Israel.
``(e) Definitions.--In this section:
``(1) Incitement.--The term `incitement' means any of the
following that is sponsored, supported, or directed by
officials or employees of the Palestinian Authority or
Palestinian Authority-controlled, sponsored, or supported
electronic, broadcast, and print media, schools, mosques, and
institutions:
``(A) Statements, media, communication, or other
activities against any religion, ethnicity, or
nationality.
``(B) Advocacy, endorsement, or glorification of
violence, martyrdom, or terrorism.
``(C) Endorsement, glorification, honor, or other
memorialization of any person or group that has
advocated, sponsored, or committed acts of terrorism,
including the naming after or dedication to such person
or group of any school, community center, camp,
stadium, public square, street, land, landmark,
waterway, or other facility.
``(2) Peace preparation activities.--The term `peace
preparation activities' means Arabic-language communications
and educational activities sponsored by the Palestinian
Authority, which are communicated or administered via
electronic, broadcast and print media, schools, mosques and
statements by government officials that may include the
following:
``(A) Public acknowledgments of the State of
Israel's right to exist as a Jewish state.
``(B) Firm public commitments to and endorsements
of peaceful co-existence with the Jewish State of
Israel.
``(C) Production, distribution, and public display
via all media platforms, schools, mosques, educational
materials and elsewhere of maps that show the State of
Israel existing as `Israel' side-by-side with
`Palestine' and halting all production, distribution,
or public display of maps that do not include a state
of Israel; and
``(D) renouncing any and all future rights or
claims to commit acts of violence against Israel.''. | Palestinian Peace Promotion and Ant-Incitement Act - Expresses the sense of Congress that the Palestinian Authority (PA) has not lived up to its agreements with Israel to end incitement and should do more to prepare the Palestinian people for peace with Israel.
Amends the Foreign Assistance Act of 1961 to prohibit assistance to the PA.
Waives such prohibition if the President certifies to Congress that the waiver is important to U.S. national security interests. Directs the Secretary of State, upon the exercise of such waiver and prior to the obligation of funds, to certify to Congress that the PA: (1) has established a single treasury account for all PA financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist, and there is a single comprehensive civil service roster and payroll; and (2) no longer engages in a pattern of incitement against the United States or Israel and is engaged in peace preparation activities aimed at promoting peace with Israel. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Mammal Research
Program Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) populations of marine mammals that occur in waters of
the United States are resources of substantial ecological,
scientific, socioeconomic, and esthetic value;
(2) although progress has been made toward understanding
the impacts of human activities and natural environmental
changes on marine mammal populations, much work remains to be
done;
(3) some marine mammal populations are in various stages of
recovery, while many others remain critically endangered and
their status has not improved or has declined;
(4) there is a clear need to better understand, evaluate,
and mitigate the impacts on marine mammals and other marine
species of an array of anthropogenic activities;
(5) data gaps and scientific uncertainty present resource
managers with significant challenges in implementing the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(6) funding has been insufficient to support all of the
research required to fully understand and properly conserve and
manage marine mammal populations;
(7) in particular, in a recent report to Congress the
Marine Mammal Commission recommended the establishment of a
research program, the initial goal of which is to improve
understanding of anthropogenic sound, its biologically
significant effects on marine mammals and marine ecosystems,
and effective means for mitigating and monitoring those
effects;
(8) understanding marine mammals through research is
essential for using the oceans wisely and protecting marine
living resources, and the United States should maintain its
world leadership in marine mammal science and oceanography as
one key to its competitive future; and
(9) the Marine Mammal Commission established under section
201 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1401) has research and management responsibilities under that
Act that make it the appropriate entity to administer a marine
mammal research program.
SEC. 3. NATIONAL MARINE MAMMAL RESEARCH PROGRAM.
(a) Establishment of Program.--Title II of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1401 et seq.) is amended--
(1) by inserting after the title heading the following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Marine Mammal Research
``SEC. 221. NATIONAL MARINE MAMMAL RESEARCH PROGRAM.
``(a) Establishment.--The Commission shall establish a program to
be known as the `National Marine Mammal Research Program'.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To undertake research to improve the Nation's
understanding of marine mammals, the factors, natural and human
related, that affect and threaten the health of their
populations and habitats, and the means of mitigating those
effects to ensure marine mammal conservation.
``(2) To coordinate and strengthen scientific research
efforts in support of those goals by--
``(A) identifying and developing partnerships among
Federal agencies, academia, industry, and other members
of the oceanographic and marine mammal scientific
communities in the areas of data collection, research,
resource management public education, and
communication; and
``(B) reporting annually to Congress on the
program.
``(c) Duties.--The Commission shall--
``(1) prescribe such policies and procedures necessary to
implement the Research Program;
``(2) implement and support the Research Coordinating
Committee, established under section 222;
``(3) supervise the performance of duties by the Program
Office established under subsection (d);
``(4) prepare an annual report to Congress on research
undertaken and benefits thereof; and
``(5) conduct periodic program reviews.
``(d) Authorities.--The Commission shall have the authority, within
the limits of available appropriations, to do all things necessary to
carry out the provisions of this section, including the authority to--
``(1) enter into contracts, make grants, or enter other
arrangements as may be necessary for the purpose of
implementing the Research Program and carrying out the
responsibilities of the Research Coordinating Committee
established under section 222--
``(A) 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;
``(B) with or without reimbursement;
``(C) without performance or other bonds; and
``(D) without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5);
``(2) accept and use the services of voluntary and
uncompensated personnel necessary for the conduct of the work
of the Research Program and provide transportation and
subsistence as authorized by section 5703 of title 5, United
States Code, for persons serving without compensation; and
``(3) prescribe such rules and regulations as it determines
necessary governing the operation and organization of the
Research Program.
``(e) National Marine Mammal Research Program Office.--
``(1) Establishment.--The Commission shall establish a
National Marine Mammal Research Program Office for the Research
Program. The Commission shall use competitive procedures in
selecting an operator for the Program Office.
``(2) Duties.--The Commission shall assign the following
duties to the Program Office:
``(A) Work with the Commission and the Research
Coordinating Committee to draft the program
announcement, identify proposal selection criteria,
organize and conduct an independent peer review of the
proposals, and recommend to the Commission and Research
Coordinating Committee projects and funding allocations
for implementation under the Research Program.
``(B) Manage the process for soliciting proposals
for research, including managing peer review of such
projects, subject to oversight and approval by the
Commission and the Research Coordinating Committee.
``(C) Submit an annual report on the status of all
projects and activities of the office, for review by
the Research Coordinating Committee and final approval
and release by the Commission.
``(D) Undertake any additional duties for the
administration of the Research Program that the
Commission or the Research Coordinating Committee
considers appropriate.
``(f) Annual Report.--The Commission shall transmit to Congress an
annual report on progress made in implementing this subtitle. The
report shall contain the following:
``(1) A description of activities of the Research Program
carried out during the preceding fiscal year, with a list of
the members of the Research Coordinating Committee and any
subcommittees in existence during the fiscal year.
``(2) A general outline of the activities planned or
conducted for the Research Program during the fiscal year for
which the report is prepared.
``(3) A description of the involvement of the Research
Program with Federal interagency coordinating entities.
``(4) The programs, projects, and activities of the
Research Program and the estimated expenditures under such
programs, projects, and activities during the subsequent fiscal
year.
``SEC. 222. NATIONAL MARINE MAMMAL RESEARCH COORDINATING COMMITTEE.
``(a) Committee.--The President, after consultation with the
Commission, shall create a National Marine Mammal Research Coordinating
Committee.
``(b) Membership.--
``(1) In general.--The Research Coordinating Committee
shall be composed of representatives of the following with
experience relevant to the purposes of this subtitle:
``(A) The Secretary of the Navy.
``(B) The Administrator of the National Oceanic and
Atmospheric Administration.
``(C) The Director of the National Science
Foundation.
``(D) The Administrator of the National Aeronautics
and Space Administration.
``(E) The Administrator of the Environmental
Protection Agency.
``(F) The Commandant of the Coast Guard.
``(G) The Director of the United States Fish and
Wildlife Service.
``(H) The Director of the United States Geological
Survey.
``(I) The Director of the Minerals Management
Service.
``(J) The President of the National Academy of
Sciences.
``(K) The Director of the Office of Science and
Technology Policy.
``(L) The Director of the Office of Management and
Budget.
``(M) The Executive Director of the Commission.
``(N) One member appointed by the Research
Coordinating Committee from among individuals who will
represent the views of ocean industries with expertise
in marine mammal biology, marine ecology, oceanography,
or marine policy.
``(O) One member appointed by the Research
Coordinating Committee from among individuals who will
represent the views of State governments with expertise
in marine mammal biology, marine ecology, oceanography,
or marine policy.
``(P) One member appointed by the Research
Coordinating Committee from among individuals who will
represent the views of academia with expertise in
marine mammal biology, marine ecology, oceanography, or
marine policy.
``(Q) One member appointed by the Research
Coordinating Committee from among individuals who will
represent the views of the marine conservation
community with expertise in marine mammal biology,
marine ecology, oceanography, or marine policy.
``(R) One member appointed by the Research
Coordinating Committee from among individuals who will
represent such other views as the chairman of such
committee considers appropriate.
``(2) FACA.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the Research Coordinating Committee.
``(3) Limitation on service on committee of scientific
advisors on marine mammals.--A member of the Research
Coordinating Committee may not simultaneously serve as a member
of the Committee of Scientific Advisors on Marine Mammals
established under section 203.
``(c) Chairman and Vice Chairman.--The Executive Director of the
Marine Mammal Commission shall be the chairman of the Research
Coordinating Committee and the Administrator of the National Oceanic
and Atmospheric Administration shall be the vice chairman of the
Research Coordinating Committee. The chairman may create subcommittees
chaired by the representative of any member agency of the Research
Coordinating Committee to, among other tasks, receive advice, input, or
comments from experts on the national marine mammal research plan
developed under section 223.
``(d) Term of Office.--The term of office of a member of the
Research Coordinating Committee appointed under subparagraph (N), (O),
(P), (Q), or (R) of subsection (b)(1) shall be 3 years, except that any
member appointed to fill a vacancy occurring before the expiration of
the term for which the member's predecessor was appointed shall be
appointed for the remainder of such term.
``(e) Responsibilities.--The Research Coordinating Committee shall
have the following responsibilities:
``(1) Develop a national marine mammal research plan under
section 223.
``(2) Facilitate cooperation among Federal agencies and
departments with respect to marine mammal research.
``(3) Revise as necessary and approve the program
announcement developed by the Program Office.
``(4) Estimate, to the extent practicable, Federal funding
needed for marine mammal research activities to be conducted
under the Plan.
``(5) Review and revise, at a minimum every 3 years or as
necessary the marine mammal research plan.
``(f) Contract and Grant Authority.--
``(1) In general.--The Federal departments and agencies
involved in the Research Coordinating Committee may participate
in interagency financing and share, transfer, receive,
obligate, and expend funds appropriated to any Federal
participant on the Research Coordinating Committee for the
purposes of carrying out any administrative or programmatic
project or activity under this subtitle, including support for
the Program Office and the Research Program. Funds may be
transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or
space being acquired from another Research Coordinating
Committee member and the costs of the same.
``(2) Volunteers and gifts, devises, and bequests.--For the
purposes of carrying out this subtitle the Commission may
accept, solicit, and use the services of volunteers, and may
accept, solicit, receive, hold, administer, and use gifts,
devises, and bequests.
``(g) National Research Council Evaluation.--The chairman of the
Research Coordinating Committee shall seek to enter into an agreement
with the National Research Council under which the National Research
Council shall periodically evaluate the scientific content of the Plan
and the implementation of the research conducted under the Research
Program and provide information and advice obtained from United States
and international sources and recommendations for priorities for future
marine mammal research.
``(h) Public Participation.--The Executive Director of the
Commission shall publish the Plan, and any revision thereof, in the
Federal Register for a public comment period of not less than 60 days.
``SEC. 223. NATIONAL MARINE MAMMAL RESEARCH PLAN.
``The Research Coordinating Committee shall develop within one year
after the date of enactment of this subtitle a comprehensive 5-year
national marine mammal research plan to--
``(1) improve understanding of marine mammals, their
health, and their role in the marine environment;
``(2) characterize the impact of human-related activities
on marine mammals, at the individual, population, and ecosystem
levels;
``(3) evaluate existing conservation, mitigation, and
monitoring measures;
``(4) develop more effective management measures for marine
mammals; and
``(5) identify critical research gaps and uncertainties,
establish research priorities, and estimate the budgets needs
for each of the priorities.
``SEC. 224. DEFINITIONS.
``In this subtitle:
``(1) Plan.--The term `Plan' means the national marine
mammal research plan developed under section 223.
``(2) Program.--The term `Program' means the National
Marine Mammal Research Program established under section
221(a).
``(3) Program office.--The term `Program Office' means the
National Marine Mammal Research Program Office established
under section 221(f).
``(4) Research coordinating committee.--The term `Research
Coordinating Committee' means the National Marine Mammal
Research Coordinating Committee created under section 222(a).
``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
``In addition to amounts otherwise authorized to be appropriated,
there is to be authorized to be appropriated to the Commission to
implement this subtitle $25,000,000 for each of fiscal years 2008,
2009, 2010, 2011, and 2012.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended--
(1) by inserting after the item for the heading for title
II the following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end of the items for title II the
following:
``Subtitle B--Marine Mammal Research
``221. National Marine Mammal Research Program.
``222. National Marine Mammal Research Coordinating Committee.
``223. National Marine Mammal Research Plan.
``224. Definitions.
``225. Authorization of appropriations.''. | National Marine Mammal Research Program Act of 2007 - Amends the Marine Mammal Protection Act of 1972 to require the Marine Mammal Commission to establish the National Marine Mammal Research Program and a National Marine Mammal Research Program Office for the Research Program. Includes in the Program's purposes: (1) undertaking research on marine mammals, the factors that affect their populations and habitats, and related mitigation; and (2) coordinating and strengthening scientific research by developing partnerships among federal agencies, academia, industry, and other members of the oceanographic and marine mammal scientific communities. Authorizes the Commission to enter into contracts, make grants, or enter other arrangements as necessary to carry out the Program.
Directs the President to create a National Marine Mammal Research Coordinating Committee, including in its duties: (1) developing a national marine mammal research plan; and (2) seeking to enter into an agreement with the National Research Council to periodically evaluate the scientific content of the plan and the implementation of research conducted under the Program. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Voting Rights Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Indian reservation.--The term ``Indian reservation''
shall have the meaning given the term in section 203 of the
Voting Rights Act of 1965 (52 U.S.C. 10503).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. TRIBAL ACCESS TO POLLING PLACES AND VOTER REGISTRATION.
(a) Actions Requiring Preclearance.--No State or political
subdivision may, unless that State or political subdivision meets the
requirements of subsection (b)--
(1) eliminate the only polling place or voter registration
site on an Indian reservation;
(2) move or consolidate a polling place or voter
registration site that is located on an Indian reservation to a
location 1 mile or further from the existing location of the
polling place or voter registration site;
(3) move or consolidate a polling place on an Indian
reservation to a location across a river, lake, mountain, or
other natural boundary such that it makes travel difficult for
a voter, regardless of distance;
(4) eliminate in-person voting on an Indian reservation by
designating an Indian reservation as a permanent absentee
voting location, unless--
(A) the entire State is or becomes a permanent
absentee voting State; or
(B) the Indian tribe requests such a designation in
accordance with section 3(c);
(5) remove an early voting location or otherwise diminish
early voting opportunities on an Indian reservation; or
(6) decrease the number of days or hours that an in-person
or early voting location is open on an Indian reservation or
change the dates of in-person or early voting on an Indian
reservation.
(b) Preclearance.--
(1) In general.--A State or political subdivision meets the
requirements of this subsection if the State or political
subdivision--
(A) institutes an action in the United States
District Court for the District of Columbia for a
declaratory judgment that the specified activity
described in subsection (a) that the State or political
subdivision desires to carry out neither has the
purpose nor will have the effect of denying or
abridging the right to vote on account of race or
color, or membership in a language minority group, and
unless and until the court enters such judgment the
State or political subdivision shall not carry out such
activity; or
(B) the chief legal officer or other appropriate
official of such State or subdivision submits a request
to carry out the specified activity described in
subsection (a) to the Attorney General and the Attorney
General has not interposed an objection within 60 days
after such submission, or upon good cause shown, to
facilitate an expedited approval within 60 days after
such submission, the Attorney General has affirmatively
indicated that such objection will not be made.
(2) No limitation on future actions.--Neither an
affirmative indication by the Attorney General that no
objection will be made, nor the Attorney General's failure to
object, nor a declaratory judgment entered under this section
shall bar a subsequent action to enjoin enforcement of an
activity described in subsection (a). In the event the Attorney
General affirmatively indicates that no objection will be made
within the 60-day period following receipt of a submission, the
Attorney General may reserve the right to reexamine the
submission if additional information comes to the Attorney
General's attention during the remainder of the 60-day period
which would otherwise require objection in accordance with this
section. Any action under this section shall be heard and
determined by a court of 3 judges in accordance with the
provisions of section 2284 of title 28 of the United States
Code and any appeal shall lie to the Supreme Court.
SEC. 4. DESIGNATION OF TRIBAL POLLING PLACES.
(a) Obligations of the State.--
(1) Designation of state officer.--Each of the several
States whose territory contains all or part of an Indian
reservation shall designate, for each Indian tribe of each
Indian reservation, an officer within that State responsible
for compliance with the provisions of this Act. The State shall
provide written notice to each such Indian tribe of the officer
so designated.
(2) Provision of polling places.--For each Indian tribe
that satisfies the obligations of subsection (b), and for each
election that is held at least 180 days after the Indian tribe
initially satisfies such obligations, any State whose territory
contains all or part of an Indian reservation of the Indian
tribe--
(A) shall provide a minimum of one polling place in
a location selected by the Indian tribe;
(B) shall provide additional polling places in
locations selected by the Indian tribe if, based on the
totality of circumstances, it is shown that not
providing additional polling places would result in
members of the Indian tribe having less opportunity to
vote than other citizens have, as determined by the
Attorney General;
(C) shall, at each polling place provided in
accordance with this section, make voting machines,
tabulation machines, ballots, provisional ballots, and
other voting materials available to the same extent
that such equipment and materials are made available at
most other polling places in the State;
(D) shall, at each polling place provided under
this section, conduct the election using the same
voting procedures that are used at other polling places
in the State;
(E) shall, at each polling place provided in
accordance with this section, provide training,
compensation, and other benefits to election officials
and poll workers to the same extent that such training,
compensation, and benefits are provided to election
officials and poll workers at other polling places in
the State;
(F) shall cooperate in good faith with the efforts
of the Indian tribe to satisfy the certifications the
Indian tribe made pursuant to subparagraphs (B) through
(E) of subsection (b)(1); and
(G) may fulfill the State's obligations under
subparagraphs (A) and (B) by relocating existing
polling places, by creating new polling places, or
both.
(3) Equitable opportunities to vote.--When assessing the
opportunities to vote provided to members of the Indian tribe
and to other citizens in the State, to determine the number of
additional polling places (if any) that a State must provide
pursuant to subparagraph (B) of paragraph (2), the State, and
any court applying this Act, shall consider--
(A) the number of voting-age citizens assigned to
each polling place;
(B) the distances that voters must travel to reach
the polling places;
(C) the time that voters must spend traveling to
reach the polling places;
(D) the modes of transportation that voters use to
reach the polling places;
(E) the existence of and access to public
transportation to the polling places; and
(F) any other factor relevant to effectuating the
purposes of this Act.
(b) Obligations of the Indian Tribe.--
(1) The State obligations in subsection (a) shall apply
only if the Indian tribe files a standing request with the
officer designated under subsection (a)(1) for a polling place
or polling places for future elections, pursuant to
subparagraphs (A) and (B) of subsection (a)(2), which--
(A) specifies the number and locations of such
polling places;
(B) certifies that the Indian tribe has arranged
access to the facilities in which such polling places
will be located, and that such access is in accordance
with Federal and State law;
(C) certifies that the Indian tribe will ensure
that each such polling place will be open and
accessible to all voting-age citizens who reside in the
precinct or other geographic area assigned to such
polling place, regardless of whether such citizens are
or are not members of the Indian tribe or of any other
Indian tribe;
(D) certifies that the Indian tribe will designate
election officials and poll workers to staff such
polling places on every day that the polling places
will be open; and
(E) certifies that the Indian tribe will ensure
that the election officials and poll workers who the
Indian tribe designate to staff such polling places
attend and satisfactorily complete any training that is
required of election officials and poll workers who
staff other polling places in nearby areas of the
State, or requests that the State shall designate such
election officials and poll workers.
(2) At any time at least 60 days before an election, an
Indian tribe that previously has satisfied the obligations of
paragraph (1) may notify the State that the Indian tribe
intends to opt out of the standing request for one or more
polling places as described in subparagraphs (A) and (B) of
subsection (a)(2) for a particular election or for all future
elections.
(c) Absentee Balloting.--In States that permit absentee or mail-in
balloting, an Indian tribe may request to the State or political
subdivision that an Indian reservation of the Indian tribe be
designated as an absentee ballot location. In such instances, absentee
ballots shall be provided to each registered voter living on the Indian
reservation without the requirement of a request or an excuse for an
absentee ballot. Bilingual election materials shall be provided if
required by section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503).
(d) Early Voting.--In States that provide for early voting, a State
or local election official shall provide at least one early voting
location on an Indian reservation upon the request of the applicable
Indian tribe.
(e) Facilities.--An Indian tribe may request to the State or
political subdivision that tribal government offices or Federal
facilities, such as Indian Health Service or Bureau of Indian Affairs
facilities, be designated as polling places or voter registration
agencies under section 7 of the National Voter Registration Act of 1993
(52 U.S.C. 20506) provided that the tribal government office or Federal
facility meets the requirements of Federal and State law applied to
other polling places or voter registration agencies within the State or
political subdivision.
(f) Tribal Government Identification.--If a State or political
subdivision requires an individual to present identification for the
purposes of voting or registering to vote, a tribal identification card
shall be treated as a valid form of identification for such purposes.
(g) Enforcement.--The government of an Indian tribe or the Attorney
General of the United States may bring a civil action against a State
or political subdivision, as the case may be, or against an appropriate
State or political subdivision officer acting in an official capacity
in an appropriate United States district court for such declaratory or
injunctive relief as may be necessary to effectuate the provisions of
this section.
(h) Relationship to Other Laws.--Nothing in this Act shall
invalidate, or limit the rights, remedies, or procedures available
under, or supersede, restrict, or limit the application of, the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America
Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or
regulation related to voting or the electoral process.
SEC. 5. BILINGUAL ELECTION REQUIREMENTS.
Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is
amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) in subsection (c), by striking ``or in the case of
Alaskan natives and American Indians, if the predominant
language is historically unwritten'' and inserting ``(as of the
date on which the materials or information is provided)''.
SEC. 6. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.
Section 8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a))
is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by adding ``or'' after the semicolon;
and
(3) by inserting after paragraph (2) the following:
``(3) the Attorney General has received a written complaint
from an Indian Tribe that efforts to deny or abridge the right
to vote under the color of law on account of race or color, or
in contravention of the guarantees set forth in section
4(f)(2), are likely to occur;''.
SEC. 7. ELECTION OBSERVER TRANSPARENCY.
The Attorney General shall make publicly available the reports of
Federal election observers appointed pursuant to section (8)(a)(3) of
the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added by
section 6, not later than 6 months after the date that such reports are
submitted to the Attorney General.
SEC. 8. TRIBAL VOTING CONSULTATION.
The Attorney General shall, to the extent practicable, consult
annually with Indian tribes regarding issues related to voting for
members of an Indian tribe.
SEC. 9. ATTORNEYS' FEES, EXPERT FEES, LITIGATION EXPENSES.
In any civil action under this Act, the court, in its discretion,
may award reasonable attorneys' fees, reasonable expert fees, and other
reasonable litigation expenses as part of the costs to the prevailing
party, other than the United States. | Native American Voting Rights Act of 2015 This bill prohibits states and local governments from: eliminating the only polling place or voter registration site on an Indian reservation; moving or consolidating a polling place or voter registration site located on an Indian reservation to a location one mile or further from the existing one; moving or consolidating a polling place on an Indian reservation to a location across a natural boundary if that makes travel difficult for a voter, regardless of distance; eliminating in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless the entire state is or becomes a permanent absentee voting state or the Indian tribe requests such a designation; removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation; or decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on an Indian reservation. Requirements for exceptions to such prohibitions are prescribed. Each of the states whose territory contains all or part of an Indian reservation shall designate, for each Indian tribe of each Indian reservation, an officer within that state responsible for compliance with this Act. Any state whose territory contains all or part of an Indian reservation shall provide one or more polling places for each Indian tribe satisfying certain obligations. In states that provide for early voting a state or local election official shall provide upon request at least one early voting location on an Indian reservation. The Voting Rights Act of 1965 is amended to require the Office of Personnel Management to assign an appropriate number of observers whenever the Attorney General receives a written complaint from an Indian tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of specified guarantees, are likely to occur. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Tax Relief
Extension Act of 2003''.
(b) Amendment of 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.
TITLE I--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS
SEC. 101. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS.
(a) In General.--Paragraph (2) of section 9812(f) is amended by
striking ``December 31, 2003'' and inserting ``June 30, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2004.
SEC. 102. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--Subparagraphs (A), (B), and (C) of section
45(c)(3) are each amended by striking ``January 1, 2004'' and inserting
``July 1, 2004''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to facilities placed in service after December 31, 2003.
SEC. 103. WORK OPPORTUNITY CREDIT.
(a) In General.--Subparagraph (B) of section 51(c)(4) is amended by
striking ``December 31, 2003'' and inserting ``June 30, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after December 31,
2003.
SEC. 104. WELFARE-TO-WORK CREDIT.
(a) In General.--Subsection (f) of section 51A is amended by
striking ``December 31, 2003'' and inserting ``June 30, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after December 31,
2003.
SEC. 105. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND
NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES.
(a) In General.--Subparagraph (H) of section 613A(c)(6) is
amended--
(1) by striking ``January 1, 2004'' and inserting ``July 1,
2004'', and
(2) by adding at the end the following new sentence: ``In
the case of any taxable year beginning after December 31, 2003,
which includes June 30, 2004, any increase in the allowance for
depletion by reason of this subparagraph shall be equal to the
amount which bears the same ratio to the increase in such
allowance determined without regard to this sentence as the
number of days in the taxable year before July 1, 2004, bears
to the total number of days in such taxable year.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2003.
SEC. 106. QUALIFIED ZONE ACADEMY BONDS.
(a) In General.--Paragraph (1) of section 1397E(e) is amended by
inserting ``$200,000,000 for the period beginning after December 31,
2003, and before July 1, 2004,'' after ``2003,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 2003.
SEC. 107. COVER OVER OF TAX ON DISTILLED SPIRITS.
(a) In General.--Paragraph (1) of section 7652(f) is amended by
striking ``January 1, 2004'' and inserting ``July 1, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to articles brought into the United States after December 31,
2003.
SEC. 108. DEDUCTION FOR CORPORATE DONATIONS OF COMPUTER TECHNOLOGY.
(a) Extension of Deduction.--Section 170(e)(6)(G) (relating to
termination) is amended by striking ``contribution made during any
taxable year beginning after December 31, 2003'' and inserting
``contribution made after June 30, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contributions made after December 31, 2003.
SEC. 109. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Section 30 is amended--
(1) in subsection (b)(2)--
(A) by striking ``December 31, 2003,'' and
inserting ``June 30, 2004,'',
(B) in subparagraph (A), by striking ``calendar
year 2004'' and inserting ``after June 30, 2004, and
before July 1, 2005'',
(C) in subparagraph (B), by striking ``calendar
year 2005'' and inserting ``after June 30, 2005, and
before July 1, 2006'', and
(D) in subparagraph (C), by striking ``calendar
year 2006'' and inserting ``after June 30, 2006, and
before July 1, 2007'', and
(2) in subsection (e), by striking ``December 31, 2006''
and inserting ``June 30, 2007''.
(b) Conforming Amendment.--Clause (iii) of section 280F(a)(1)(C) is
amended by striking ``January 1, 2007'' and inserting ``July 1, 2007''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003.
SEC. 110. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING
PROPERTY.
(a) In General.--Section 179A is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``December 31, 2003,'' and
inserting ``June 30, 2004,'',
(B) in clause (i), by striking ``calendar year
2004'' and inserting ``after June 30, 2004, and before
July 1, 2005'',
(C) in clause (ii), by striking ``calendar year
2005'' and inserting ``after June 30, 2005, and before
July 1, 2006'', and
(D) in clause (iii), by striking ``calendar year
2006'' and inserting ``after June 30, 2006, and before
July 1, 2007'', and
(2) in subsection (f), by striking ``December 31, 2006''
and inserting ``June 30, 2007''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to property placed in service after December 31, 2003.
SEC. 111. DEDUCTION FOR CERTAIN EXPENSES OF SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2) is amended--
(1) by inserting ``and the period beginning after December
31, 2003, and before July 1, 2004,'' after ``2003,'', and
(2) by inserting ``for each taxable year or $125 for such
period'' after ``$250''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to expenses paid or incurred after December 31, 2003.
SEC. 112. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.
(a) In General.--Paragraphs (2) and (3)(B) of section 220(i)
(defining cut-off year) are each amended by striking ``2003'' each
place it appears and inserting ``2004''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 220(j) is amended by striking
``1998, 1999, 2001, or 2002'' each place it appears and
inserting ``1998, 1999, 2001, 2002, or 2003''.
(2) Subparagraph (A) of section 220(j)(4) is amended by
striking ``and 2002'' and inserting ``2002, and 2003''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2004.
SEC. 113. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
(a) Extension of Termination Date.--Subsection (h) of section 198
is amended by striking ``December 31, 2003'' and inserting ``June 30,
2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to expenditures paid or incurred after December 31, 2003.
SEC. 114. EXPANSION OF WOTC TO NEW YORK LIBERTY ZONE.
(a) In General.--Subclause (I) of section 1400L(a)(2)(D)(iv) is
amended by inserting ``or the period beginning after December 31, 2003,
and before July 1, 2004'' after ``2003''.
(b) Conforming Amendment.--Subclause (II) of section
1400L(a)(2)(D)(iv) is amended by inserting ``or period described in
subclause (I)'' after ``year''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2003.
SEC. 115. TEMPORARY SPECIAL RULES FOR TAXATION OF LIFE INSURANCE
COMPANIES.
(a) In General.--Subsection (j) of section 809 is amended by
striking ``or 2003'' and inserting ``2003, or 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2003.
SEC. 116. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA.
(a) Designation of Zone.--Subsection (f) of section 1400 is amended
by striking ``December 31, 2003'' both places it appears and inserting
``June 30, 2004''.
(b) Tax-Exempt Economic Development Bonds.--Subsection (b) of
section 1400A is amended by striking ``December 31, 2003'' and
inserting ``June 30, 2004''.
(c) Zero Percent Capital Gains Rate.--
(1) In general.--Subsection (b) of section 1400B is amended
by striking ``January 1, 2004'' each place it appears and
inserting ``July 1, 2004''.
(2) Conforming amendments.--
(A) Section 1400B(e)(2) is amended--
(i) by striking ``December 31, 2008'' and
inserting ``June 30, 2009'', and
(ii) by striking ``2008'' in the heading
and inserting ``june 2009''.
(B) Section 1400B(g)(2) is amended by striking
``December 31, 2008'' and inserting ``June 30, 2009''.
(C) Section 1400F(d) is amended by striking
``December 31, 2008'' and inserting ``June 30, 2009''.
(d) First-Time Homebuyer Credit.--Subsection (i) of section 1400C
is amended by striking ``January 1, 2004'' and inserting ``July 1,
2004''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2004.
SEC. 117. COMBINED EMPLOYMENT TAX REPORTING PROGRAM.
(a) In General.--Paragraph (1) of section 976(b) of the Taxpayer
Relief Act of 1997 is amended by striking ``for a period ending with
the date which is 5 years after the date of the enactment of this Act''
and inserting ``during the period ending before July 1, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to disclosures on or after the date of the enactment of this Act.
TITLE II--REVENUE PROVISIONS
SEC. 201. ADDITION OF VACCINES AGAINST HEPATITIS A TO LIST OF TAXABLE
VACCINES.
(a) In General.--Section 4132(a)(1) (defining taxable vaccine) is
amended by redesignating subparagraphs (I), (J), (K), and (L) as
subparagraphs (J), (K), (L), and (M), respectively, and by inserting
after subparagraph (H) the following new subparagraph:
``(I) Any vaccine against hepatitis A.''.
(b) Conforming Amendment.--Section 9510(c)(1)(A) is amended by
striking ``October 18, 2000'' and inserting ``the date of the enactment
of the Tax Relief Extension Act of 2003''.
(c) Effective Date.--
(1) Sales, etc.--The amendments made by this section shall
apply to sales and uses on or after the first day of the first
month which begins more than 4 weeks after the date of the
enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1) and section
4131 of the Internal Revenue Code of 1986, in the case of sales
on or before the effective date described in such paragraph for
which delivery is made after such date, the delivery date shall
be considered the sale date.
SEC. 202. ADDITION OF VACCINES AGAINST INFLUENZA TO LIST OF TAXABLE
VACCINES.
(a) In General.--Section 4132(a)(1) (defining taxable vaccine), as
amended by this Act, is amended by adding at the end the following new
subparagraph:
``(N) Any trivalent vaccine against influenza.''.
(b) Effective Date.--
(1) Sales, etc.--The amendment made by this section shall
apply to sales and uses on or after the later of--
(A) the first day of the first month which begins
more than 4 weeks after the date of the enactment of
this Act, or
(B) the date on which the Secretary of Health and
Human Services lists any vaccine against influenza for
purposes of compensation for any vaccine-related injury
or death through the Vaccine Injury Compensation Trust
Fund.
(2) Deliveries.--For purposes of paragraph (1) and section
4131 of the Internal Revenue Code of 1986, in the case of sales
on or before the effective date described in such paragraph for
which delivery is made after such date, the delivery date shall
be considered the sale date.
SEC. 203. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE
HEALTH ACCOUNTS.
(a) Amendment of Internal Revenue Code of 1986.--Paragraph (5) of
section 420(b) (relating to expiration) is amended by striking
``December 31, 2005'' and inserting ``December 31, 2013''.
(b) Amendments of ERISA.--
(1) Section 101(e)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by
striking ``Tax Relief Extension Act of 1999'' and inserting
``Tax Relief Extension Act of 2003''.
(2) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is
amended by striking ``Tax Relief Extension Act of 1999'' and
inserting ``Tax Relief Extension Act of 2003''.
(3) Paragraph (13) of section 408(b) of such Act (29 U.S.C.
1108(b)(3)) is amended--
(A) by striking ``January 1, 2006'' and inserting
``January 1, 2014'', and
(B) by striking ``Tax Relief Extension Act of
1999'' and inserting ``Tax Relief Extension Act of
2003''.
SEC. 204. EXTENSION OF IRS USER FEES.
(a) In General.--Section 7528(c) (relating to termination) is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2011''.
(b) Effective Date.--The amendment made by this section shall apply
to requests after the date of the enactment of this Act. | Tax Relief Extension Act of 2003 - Amends the Internal Revenue Code to extend provisions concerning: (1) parity in the application of certain limits to mental health benefits; (2) the credit for electricity produced from certain renewable resources; (3) the work opportunity credit; (4) the welfare-to-work credit; (5) the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties; (6) qualified zone academy bonds; (7) the cover over tax on distilled spirits; (8) the deduction for corporate donations of computer technology; (9) the credit for qualified electric vehicles; (10) the deduction for clean-fuel vehicles and certain refueling property; (11) the deduction for certain expenses of school teachers; (12) the availability of medical savings accounts; (13) the expensing of environmental remediation costs; (14) the expansion of the work opportunity tax credit to the New York Liberty Zone; (15) the temporary special rules for taxation of life insurance companies; (16) certain tax incentives for investment in the District of Columbia; (17) the combined employment tax reporting program; (18) transfers of excess pension assets to retiree health accounts; and (19) IRS user fees.
Adds to the definition of taxable vaccines any vaccine against hepatitis A and any trivalent vaccine against influenza. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurship and Self-Employment
Training Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the growth of small business is crucial to economic
growth;
(2) many people residing in economically distressed central
cities lack the opportunity to develop the skills necessary to
become entrepreneurs and small business owners;
(3) community colleges and community development
corporations are uniquely positioned to provide
entrepreneurship and self-employment training;
(4) community development corporations, community
development loan funds, community development credit unions,
and community development banks are uniquely positioned to
provide credit to individuals interested in starting small
businesses in economically distressed central cities; and
(5) the Federal Government can promote the delivery of
credit to potential entrepreneurs in economically distressed
central cities by providing guarantees for small business
development loans made by community development corporations,
community development loan funds, community development credit
unions, and community development banks.
(b) Purpose.--The purpose of this Act is to promote the development
of small business in economically distressed central cities by
providing for the development of entrepreneurship training courses and
Federal guarantees of loans to potential entrepreneurs.
SEC. 3. SPECIALIZED TRAINING CURRICULUM GRANTS.
(a) In General.--The Secretary of Labor (hereafter referred to in
this section as the ``Secretary'') shall award competitive grants to
community colleges or Historically Black Colleges and Universities that
serve Economically Distressed Central Cities to enable such colleges to
develop specialized training curricula for entrepreneurship and self-
employment for disadvantaged, inner-city individuals.
(b) Application.--To be eligible to receive a grant under this
section a community college or Historically Black College or University
shall prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require, including assurances that the applicant serves an Economically
Distressed Central City.
(c) Curriculum.--In developing a curriculum with amounts received
under a grant awarded under subsection (a), a community college or
Historically Black College or University shall ensure that the
curriculum includes training components with respect to business plan
development, cash accounting, credit, business communications,
inventory management, and other basic business skills determined
appropriate by the Secretary.
(d) Term of Grants.--A grant awarded under this section shall be
for a term of 1 year.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year
1994.
SEC. 4. TRAINING GRANTS.
(a) In General.--The Secretary of Labor (hereafter referred to in
this section as the ``Secretary'') shall award competitive grants to
community colleges or Historically Black Colleges and Universities,
micro-enterprise programs and community development corporations to
enable such colleges, programs and corporations to provide training
under the curricula developed under section 3.
(b) Application.--To be eligible to receive a grant under this
section an entity of the type described in subsection (a) shall prepare
and submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require.
(c) Training.--Amounts provided under a grant awarded under this
section shall be used to enable the grantee to provide training,
through 6 to 12 week training programs that resemble or are based on
the curricula developed under section 3, to residents of Economically
Distressed Central Cities that--
(1) have been unemployed in excess of 20 consecutive weeks;
(2) have recently been discharged from the armed forces;
(3) receive assistance under title IV of the Social
Security Act; or
(4) are otherwise determined appropriate by the Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $75,000,000 for fiscal years
1995 through 1998.
SEC. 5. LOAN GUARANTEE PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration (hereafter referred to in this section as the
``Administrator'') shall establish a loan guarantee program under which
the Administrator shall guarantee loans, not to exceed $25,000, made to
eligible individuals by community development corporations, community
development loan funds, community development credit unions, micro-
enterprise programs and community development banks
(b) Eligibility for Guarantees.--With respect to a loan made by a
community development corporation, micro-enterprise program, community
development loan fund, community development credit union, or community
development bank, to be eligible to receive a loan guarantee covering
such loan under the program established under subsection (a), the
community development corporation, micro-enterprise program, community
development loan fund, community development credit union, or community
development bank shall--
(1) prepare and submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may require;
(2) certify in such application that such loan will be made
to an eligible individual as described in subsection (c);
(3) in the case of federally regulated depository
institutions, clarify that such institutions are in compliance
with the requirements of the appropriate Federal supervisory
agencies; and
(4) meet such other requirements as the Administrator may
require.
(c) Eligibility for Loans.--To be eligible to receive a loan for
which a guarantee may be provided under subsection (a), an individual
shall--
(1) prepare and submit to the appropriate community
development corporation, micro-enterprise program, community
development loan fund, community development credit union, or
community development bank an application at such time, in such
manner, and containing such information as the community
development corporation, micro-enterprise program, community
development loan fund, community development credit union, or
community development bank may require;
(2) have completed a training program of the type described
in section 4;
(3) ensure that amounts received under the loan will be
used to start up a business that is located in an Economically
Distressed Central City and provide a detailed description of
the business that the individual intends to establish; and
(4) meet such other requirements as the Administrator may
require.
(d) Process for Implementation of Program.--Not later than 90 days
after the date of enactment of this Act, the Administrator shall
develop and publish procedures under which the Administrator shall
provide loan guarantees under the program established under subsection
(a). Such procedures shall include--
(1) application procedures;
(2) criteria which community development corporations,
micro-enterprise programs, community development loan funds,
community development credit unions, or community development
banks should apply when considering applications for loans to
which guarantees may be provided under this section;
(3) criteria that the Administrator will utilize in
considering applications submitted for guarantees under this
section;
(4) any other information determined appropriate by the
Administrator.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $150,000,000 for fiscal years
1995 through 1998.
SEC. 6. LIMITATION.
To be eligible to receive a grant or participate in the loan
guarantee program under this Act, a community development corporation,
micro-enterprise programs, community development loan fund, community
development credit union, community development bank, or community
college or Historically Black College or University shall provide
assurances in the application submitted by such community college or
Historically Black College or University, community development
corporation, micro-enterprise program, community development loan fund,
community development credit union, or community development bank under
this Act that the area served by such community college or Historically
Black College or University, community development corporation, micro-
enterprise program, community development loan fund, community
development credit union, or community development bank has an
unemployment rate, with respect to the 12-month period preceding the
date on which the application is submitted, in excess of 9 percent.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) In General.--As used in this Act:
(1) Community college.--The term ``community college'' has
the same meaning given the term ``junior or community college''
in section 312(e) of the Higher Education Act of 1965.
(2) Community development bank.--The term ``community
development bank'' means an organization--
(A) that is affiliated with or has a subsidiary
that is a federally insured depository institution
(such as a savings bank, commercial bank, or credit
union) which is regulated by a Federal financial
supervisory agency;
(B) that has at least one or more subsidiaries or
affiliated organizations that supplement the depository
institution's lending with technical assistance, direct
community development activities, or higher risk
financing;
(C) whose primary or sole mission is to revitalize
a targeted geographic area;
(D) that maintains, through significant
representation on its governing board and otherwise,
accountability to community residents; and
(E) that has principals active in the
implementation of its programs who possess significant
experience in lending and the development of affordable
housing, small business development, or community
revitalization.
(3) Community development corporation.--The term
``community development corporation'' means a private,
nonprofit corporation whose board of directors is comprised of
business, civic and community leaders, and whose principal
purpose includes the provision of low-income housing or
community economic development projects that primarily benefit
low-income individuals and communities.
(4) Community development credit union.--The term
``community development credit union'' means a Federal or State
chartered credit union as defined in section 101 of the Federal
Credit Union Act that serves predominantly low-income members.
(5) Community development loan fund.--The term ``community
development loan fund'' means a private nonprofit organization
which acts primarily as a financial intermediary that routinely
takes in funds from many sources in the form of grants,
deposits or loans, and routinely lends these funds out to
support the development of low- and moderate-income housing and
business development in economically depressed areas.
(6) Historically Black Colleges and Universities.--The term
``Historically Black Colleges and Universities'' means part B
institutions as such term is defined in section 322(2) of the
Higher Education Act of 1965.
(7) Micro-enterprise program.--The term ``micro-enterprise
program'' means
(A) a private, nonprofit entity;
(B) a nonprofit community development corporation;
(C) a consortium of private, nonprofit
organizations; or
(D) a quasi-governmental economic development
entity (such as a planning and development district)
other than a State, county, or municipal government or
agency thereof;
that provides business training and financial assistance (of
not to exceed $15,000) to women, low-income, or minority
entrepreneurs who wish to start-up or expand small business
concerns.
(b) Economically Distressed Central City.--
(1) In general.--The term ``economically distressed central
city'' means a city that meets the requirements of this
paragraph.
(2) Requirements.--To be an Economically Distressed Central
City under paragraph (1), a city shall--
(A) be a metropolitan city (as defined in section
102(a)(4) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5302(a)(4)));
(B) be eligible to receive an allocation of funds
under section 106(a)(3) of the Housing and Community
Development Act of 1974 for the most recent fiscal year
ending prior to the date of enactment of this Act;
(C) have a population of at least 30,000; and
(D) have a need adjusted per capita income less
than 1.25 (as determined under paragraph (3)) on the
basis of the most recent data available.
(3) Need adjusted per capita income.--The Secretary of
Housing and Urban Development shall determine the Need Adjusted
Per Capita Income for each city that meets the requirements of
subparagraphs (A) and (B) of paragraph (2) under the following
formula:
(A) Determination of need index.--
(i) For purposes of this subsection, the
term ``need index'' means the number equal to
the quotient of--
(I) the term ``N'', as determined
under clause (ii); divided by
(II) the term ``P'', as determined
under clause (iii).
(ii) For purposes of clause (i)(I), the
term `N' means the percentage constituted by
the ratio of--
(I) the amount of funds allotted to
the city in the fiscal year in which
the calendar year begins under section
106(a)(3) of the Housing and Community
Development Act of 1974; to
(II) the sum of the amount of finds
received by all eligible cities in such
fiscal year under section 106(a)(3) of
the Housing and Community Development
Act of 1974.
(iii) For purposes of clause (i)(II), the
term ``P'' means the percentage constituted by
the ratio of--
(I) the amount equal to the total
population of the city, as determined
by the Secretary using the most recent
data that is available from the
Secretary of Commerce pursuant to the
decennial census and pursuant to
reasonable estimates by such Secretary
of changes occurring in the data in the
ensuing period, to
(II) the amount equal to the total
population of all eligible cities in
the current fiscal year.
(iv) For purposes of this subparagraph, the
term ``eligible cities'' means those cities
which meet the requirements of subparagraphs
(A) and (B) of paragraph (2).
(B) Determination of need adjusted per capita
income factor.--
(i) For purposes of this section (and
subject to clause (iv)), the term ``need
adjusted per capita income factor'' means the
amount equal to the percentage determined for
the city in accordance with the following
formula:
I
1-.15 <3-ln (> ------- <3-ln )>
Q
(ii) For purposes of clause (i), the term
``I'' means the per capita income of the city
for the most recent year for which data is
available, as determined by the Secretary of
Commerce.
(iii) For purposes of clause (i), the term
``Q'' means the product of--
(I) the need index of such city, as
determined under subparagraph (A); and
(II) the amount equal to the per
capita income of the United States for
the most recent year for which data is
available, as determined by the
Secretary of Commerce.
(iv) In the case of a city for which the
quotient of the term ``I'' (as determined under
clause (ii)) divided by the term ``Q'' (as
determined under clause (iii)) is less than
0.2, then such quotient shall be deemed to be
equal to 0.2 for such city for purposes of the
formula under clause (i). | Entrepreneurship and Self-Employment Training Act of 1993 - Directs the Secretary of Labor to award competitive grants to enable community colleges or historically black colleges and universities that serve economically distressed central cities to develop specialized training curricula for entrepreneurship and self-employment for disadvantaged, inner city individuals. Outlines application and curriculum requirements. Authorizes appropriations.
Directs the Secretary to award competitive grants to enable such community colleges and historically black colleges and universities, micro-enterprise programs, and community development corporations to provide the training required for interested inner city individuals. Authorizes appropriations.
Directs the Administrator of the Small Business Administration (SBA) to establish a loan guarantee program under which the Administrator shall guarantee loans of up to $25,000 to eligible individuals by community development corporations, community development loan funds and credit unions, micro-enterprise programs, and community development banks for the purposes stated in this Act. Outlines requirements concerning loan eligibility and the implementation of the loan guarantee program. Authorizes appropriations. Requires assurances that the area served by such loans or grants have an unemployment rate in excess of nine percent. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Arbitration Act of 2007''.
SEC. 2. ELECTION OF ARBITRATION.
(a) In General.--Chapter 1 of title 9, United States Code, is
amended by adding at the end the following:
``Sec. 17. Election of arbitration
``(a) Fair Disclosure.--In order to be binding on the parties, a
contract containing an arbitration clause shall--
``(1) have a printed heading in bold, capital letters
entitled `arbitration clause', which heading shall be printed
in letters not smaller than \1/2\ inch in height;
``(2) explicitly state whether participation within the
arbitration program is mandatory or optional;
``(3) identify a source that a consumer or employee can
contact for additional information regarding--
``(A) costs and fees of the arbitration program;
and
``(B) all forms and procedures necessary for
effective participation in the arbitration program; and
``(4) provide notice that all parties retain the right to
resolve a dispute in a small claims court, as provided in
subsection (b)(12).
``(b) Procedural Rights.--
``(1) In general.--If a contract provides for the use of
arbitration to resolve a dispute arising out of or relating to
the contract, each party to the contract shall be afforded the
rights described in this subsection, in addition to any rights
provided by the contract.
``(2) Competence and neutrality of arbitrator and
administrative process.--
``(A) In general.--Each party to the dispute
(referred to in this section as a `party') shall be
entitled to a competent, neutral arbitrator and an
independent, neutral administration of the dispute.
``(B) Arbitrator.--Each party shall have a vote in
the selection of the arbitrator, who--
``(i) unless otherwise agreed by the
parties, shall be a member in good standing of
the bar of the highest court of the State in
which the hearing is to be held;
``(ii) shall comply with the Code of Ethics
for Arbitrators in Commercial Disputes of the
American Bar Association and the American
Arbitration Association and any applicable code
of ethics of any bar of which the arbitrator is
a member;
``(iii) shall have no--
``(I) personal or financial
interest in the results of the
proceedings in which the arbitrator is
appointed; or
``(II) relation to the underlying
dispute or to the parties or their
counsel that may create an appearance
of bias; and
``(iv) prior to accepting appointment,
shall disclose all information that might be
relevant to neutrality (including service as an
arbitrator or mediator in any past or pending
case involving any of the parties or their
representatives) or that may prevent a prompt
hearing.
``(C) Administration.--The arbitration shall be
administered by an independent, neutral alternative
dispute resolution organization to ensure fairness and
neutrality and prevent ex parte communication between
parties and the arbitrator. The arbitrator shall have
reasonable discretion to conduct the proceeding in
consideration of the specific type of industry
involved.
``(3) Applicable law.--In resolving a dispute, the
arbitrator--
``(A) shall be governed by the same substantive law
that would apply under conflict of laws principles
applicable in a court of the State in which the party
that is not drafter of the contract resided at the time
the contract was entered into; and
``(B) shall be empowered to grant whatever relief
would be available in court under law or equity.
``(4) Representation.--Each party shall have the right to
be represented by an attorney, or other representative as
permitted by State law, at their own expense.
``(5) Hearing.--
``(A) In general.--Each party shall be entitled to
a fair arbitration hearing (referred to in this section
as a `hearing') with adequate notice and an opportunity
to be heard.
``(B) Electronic or telephonic means.--Subject to
subparagraph (C), in order to reduce cost, the
arbitrator may hold a hearing by electronic or
telephonic means or by a submission of documents.
``(C) Face-to-face meeting.--Each party shall have
the right to require a face-to-face hearing, which
hearing shall be held at a location that is reasonably
convenient for the party who did not draft the contract
unless in the interest of fairness the arbitrator
determines otherwise, in which case the arbitrator
shall use the process described in section 1391 of
title 28, to determine the venue for the hearing.
``(6) Evidence.--With respect to any hearing--
``(A) each party shall have the right to present
evidence at the hearing and, for this purpose, each
party shall grant access to all information reasonably
relevant to the dispute to the other parties, subject
to any applicable privilege or other limitation on
discovery under applicable State law;
``(B) consistent with the expedited nature of
arbitration, relevant and necessary prehearing
depositions shall be available to each party at the
direction of the arbitrator; and
``(C) the arbitrator shall--
``(i) make reasonable efforts to maintain
the privacy of the hearing to the extent
permitted by applicable State law; and
``(ii) consider appropriate claims of
privilege and confidentiality in addressing
evidentiary issues.
``(7) Cross examination.--Each party shall have the right
to cross examine witnesses presented by the other parties at a
hearing.
``(8) Record of proceeding.--Any party seeking a
stenographic record of a hearing shall make arrangements
directly with a stenographer and shall notify the other parties
of these arrangements not less than 3 days before the date of
the hearing. The requesting party shall pay the costs of
obtaining the record. If the transcript is agreed by the
parties, or determined by the arbitrator to be the official
record of the proceeding, it shall be provided to the
arbitrator and made available to the other parties for
inspection, at a date, time, and place determined by the
arbitrator.
``(9) Timely resolution.--
``(A) In general.--Upon submission of a complaint
by the claimant, the respondent shall have not more
than 30 days to file an answer.
``(B) Evidence.--After the answer is filed by the
respondent, the arbitrator shall direct each party to
file documents and to provide evidence in a timely
manner so that the hearing may be held not later than
90 days after the date of the filing of the answer.
``(C) Extensions.--In extraordinary circumstances
(including multiparty, multidistrict, or complex
litigation) the arbitrator may grant a limited
extension of the time limits under this paragraph, or
the parties may agree to such an extension.
``(D) Decision.--The arbitrator shall notify each
party of its decision not later than 30 days after the
hearing.
``(10) Written decision.--The arbitrator shall provide each
party with a written explanation of the factual and legal basis
for the decision. This written decision shall describe the
application of an identified contract term, statute, or legal
precedent. The decision of the arbitrator shall be subject to
review only as provided in subsection (c)(2) of this section
and sections 10, 11, and 16 of this title.
``(11) Expenses.--The arbitrator or independent arbitration
administration organization, as applicable, shall have the
authority to--
``(A) provide for reimbursement of arbitration fees
to the claimant, in whole or in part, as part of the
remedy in accordance with applicable law or in the
interests of justice; and
``(B) waive, defer, or reduce any fee or charge due
from the claimant in the event of extreme hardship.
``(12) Small claims opt out.--
``(A) In general.--Each party shall have the right
to opt out of binding arbitration and to proceed in any
small claims court with jurisdiction over the claim.
For purposes of this paragraph, no court with
jurisdiction to hear claims in excess of $50,000 shall
be considered a small claims court.
``(B) Exception.--If a complaint in small claims
court is amended to exceed the lesser of the
jurisdictional amount of that court or a claim for
$50,000 in total damages, the small claims court
exemption of this paragraph shall not apply and the
parties shall proceed by arbitration.
``(c) Denial of Rights.--
``(1) Denial of rights by party misconduct.--
``(A) In general.--At any time during an
arbitration proceeding, any party may file a motion
with the arbitrator asserting that another party has
deprived the movant of a right granted by this section
and seeking relief.
``(B) Award by arbitrator.--If the arbitrator
determines that the movant has been deprived of a right
granted by this section by another party, the
arbitrator shall award the movant a monetary amount,
which shall not exceed the reasonable expenses incurred
by the movant in filing the motion, including
attorneys' fees, unless the arbitrator finds that--
``(i) the motion was filed without the
movant first making a good faith effort to
obtain discovery or the realization of another
right granted by this section;
``(ii) the opposing party's nondisclosure,
failure to respond, response, or objection was
substantially justified; or
``(iii) the circumstances otherwise make an
award of expenses unjust.
``(2) Denial of rights by arbitrator.--
``(A) In general.--A losing party in an arbitration
proceeding may file a petition in the United States
district court in the State in which the party that did
not draft the contract resided at the time the contract
was entered into to assert that the arbitrator violated
a right granted to the party by this section and to
seek relief.
``(B) Review.--A United States district court may
grant a petition filed under subparagraph (A) if the
court finds clear and convincing evidence that an
action or omission of the arbitrator resulted in a
deprivation of a right of the petitioner under this
section that was not harmless. If such a finding is
made, the court shall order a rehearing before a new
arbitrator selected in the same manner as the original
arbitrator as the exclusive judicial remedy provided by
this section.
``(d) Limitation on Claims.--Except as otherwise expressly provided
in this section, nothing in this section may be construed to be the
basis for any claim in law or equity.
``(e) Definitions.--In this section--
``(1) the term `contract' means a contract evidencing a
transaction involving commerce; and
``(2) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 1 of title 9, United States Code, is amended
by adding at the end the following:
``17. Election of arbitration.''.
(c) Effective Date.--The amendments made by this section shall
apply to any contract (as that term is defined in section 17 of title
9, United States Code, as added by this Act) entered into after the
date that is 6 months after the date of enactment of this Act. | Fair Arbitration Act of 2007 - Requires a contract containing an arbitration clause, in order to be binding on the parties, to: (1) have a heading "ARBITRATION CLAUSE" printed in bold, capital letters; (2) state explicitly whether participation in arbitration is mandatory or optional; (3) identify a source that a consumer or employee can contact for additional information regarding the arbitration program; and (4) provide notice that all parties retain the right to resolve a dispute in a small claims court for a claim of $50,000 or less.
Entitles each party under arbitration to: (1) a competent, neutral arbitrator and independent, neutral administration of the dispute; (2) representation by an attorney or other representative at such party's expense; (3) a fair arbitration hearing; (4) a face-to-face hearing; (5) the right to present evidence and cross examine witnesses; (6) a written explanation of the basis for the arbitrator's decision; and (7) the right to opt out of binding arbitration and into the small claims court (for claims of $50,000 or less).
Prescribes procedures for complaints by any party of denial of rights by the other party or the arbitrator. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Mathematics and Science
Consistency Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has fallen behind other
industrialized countries in terms of competing in a global
economy. This deterioration is due in large part to the
diminishing number of well-trained people in the fields of
mathematics, science, and technology, as well as the decrease
in scientific innovations generated from the United States in
recent years.
(2) Not only did the United States produce fewer graduates
in mathematics, science, and engineering in 2002 than it did in
1985, but the United States is also generating far fewer
college graduates in those fields than other countries. In
China, 59 percent of undergraduates receive degrees in science
and engineering and in Japan, 66 percent receive such degrees,
but in the United States, only 32 percent of undergraduates
receive degrees in science and engineering.
(3) United States students are scoring far behind students
in other countries on international mathematics and science
assessments. A recent Trends in International Mathematics and
Science Study (TIMSS), the largest and most comprehensive
comparative international study of education, found that 12th
graders in the United States ranked 21st out of 40
industrialized countries on general knowledge in mathematics
and science. Furthermore, the Programme for International
Student Assessment (PISA), an organization that compiles
reports on the reading and mathematics skills of 15-year-olds,
found that the United States ranked 28th out of 40 nations
surveyed in mathematics literacy.
(4) In the United States, each State has its own set of
standards and curriculum for mathematics and science education
in kindergarten through grade 12, with its own definition of
proficiency for these standards. When each State's definition
of proficiency is compared to a national model, less than 40
percent of the students in grade 4, and only 17 percent of the
students in grade 12, reach the national proficiency level in
mathematics. In addition, approximately \1/3\ of the students
in grades 4 and 8, and nearly \1/2\ of the students in grade
12, do not reach the basic level in science, according to the
recent National Assessment of Educational Progress.
(5) In its report, Rising Above the Gathering Storm:
Energizing and Employing America for a Brighter Economic
Future, the National Academy of Sciences recommends that the
Department of Education collect ``effective K-12 materials that
would be available free of charge as a voluntary national
curriculum that would provide an effective standard for K-12
teachers''. The National Academy of Sciences advocates for the
creation of world-class national benchmarks and a national
curriculum in order to ensure students are receiving the skills
needed to successfully compete in a global economy.
SEC. 3. DEVELOP VOLUNTARY NATIONAL EXPECTATIONS AND A VOLUNTARY
NATIONAL CURRICULUM FOR MATHEMATICS AND SCIENCE EDUCATION
IN KINDERGARTEN THROUGH GRADE 12.
(a) Panel.--The Secretary of Education shall convene a panel to
produce voluntary national expectations for mathematics and science
education, accompanied by a sample curriculum for mathematics and
science and assessment items for each expectation, for kindergarten
through grade 12.
(b) Members of Panel.--The panel described in subsection (a) shall
be composed of--
(1) professionals from the National Academy of Sciences;
(2) psychometricians;
(3) State-level education officials;
(4) National Board certified teachers;
(5) recipients of Presidential Awards for Excellence in
Mathematics and Science Teaching under section 117(a) of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1881b(a));
(6) representatives of the National Science Foundation;
(7) representatives of the National Council of Teachers of
Mathematics;
(8) representatives of the National Science Teachers
Association; and
(9) members of any other entities that the Secretary of
Education determines necessary.
(c) Duties of Panel.--The panel described in subsection (a) shall--
(1) identify the core ideas in mathematics and science
common to all States;
(2) develop a minimum comprehensive set of voluntary
national expectations for mathematics and science, based on the
core ideas in mathematics and science common to all States,
that are taken, or adapted, from--
(A) the effective State mathematics and science
standards, as of the date of enactment of this Act; or
(B) the most recent National Science Education
Standards developed by the National Science Teacher
Association and the most recent Principles and
Standards for School Mathematics developed by the
National Council of Teachers of Mathematics;
(3) develop a model curriculum for mathematics and science
based on the voluntary national expectations, that is taken or
adapted from effective State mathematics and science teaching
materials to serve as a voluntary national curriculum;
(4) develop sample assessment questions based on each
national mathematics and science expectation for teachers to
use throughout the school year to guide instruction; and
(5) develop and coordinate professional development
criteria that would prepare teachers to incorporate the
voluntary national expectations.
(d) Personnel Matters.--
(1) Compensation of members.--Each member of the panel who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
panel. All members of the panel who are officers or employees
of the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the panel.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2007 and 2008.
SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES.
(a) In General.--From amounts appropriated under subsection (e) for
a fiscal year, the Secretary of Education shall award grants, on a
competitive basis, to eligible State educational agencies to enable the
eligible State educational agencies to carry out all of the following:
(1) Contract with entities that publish educational
materials, in order to develop instructional materials based on
the voluntary national curriculum for mathematics and science
developed under section 3(c)(3), in order to effectively teach
the voluntary national expectations developed under such
section.
(2) Ensure that the eligible State educational agency has
the infrastructure and technical assistance necessary to
provide all instructional materials developed under paragraph
(1) online and free of charge to teachers and school faculty
and staff.
(3) Train mathematics and science teachers in kindergarten
through grade 12--
(A) to effectively use instructional materials to
teach the voluntary national expectations for
mathematics and science produced under section 3(c)(2);
and
(B) to use the assessment questions developed under
section 3(c)(4) to steer instruction.
(b) Application.--An eligible State educational agency desiring a
grant under this section shall submit an application to the Secretary
of Education at such time, in such manner, and containing such
information as the Secretary may require. The application shall include
a description of the activities that will be carried out through a
grant under this section.
(c) Report.--Not later than 60 days after the last day of the grant
period, an eligible State educational agency receiving a grant under
this section shall prepare and submit a report to the Secretary of
Education describing the results of the grant.
(d) Definition of Eligible State Educational Agency.--In this
section, the term ``eligible State educational agency'' means a State
educational agency that agrees to adopt and implement the voluntary
national expectations and the voluntary national curriculum for
mathematics and science education in kindergarten through grade 12 that
are developed under section 3.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section a total of $100,000,000 for the
fiscal years 2007 through 2011.
SEC. 5. REPORT.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Secretary of Education shall--
(1) study the effects of the voluntary national
expectations and the voluntary national curriculum of
mathematics and science on student achievement developed under
section 3 on the National Assessment of Educational Progress,
the Trends in International Mathematics and Science Study, and
the Programme for International Student Assessment, for the
most recent year available, as compared to the effects of State
standards and curricula on student achievement on such
assessments; and
(2) shall prepare and submit a report to Congress on the
Secretary's findings. | National Mathematics and Science Consistency Act - Directs the Secretary of Education to convene a panel to produce, for kindergarten through grade 12 (K-12), voluntary national expectations for science and mathematics education, sample assessment questions based on them, and a model mathematics and science curriculum. Requires such expectations to be based on core ideas in mathematics and science common to all states, and the model curriculum to be taken or adapted from effective state mathematics and science teaching materials. Requires the panel also to develop and coordinate professional development criteria that would prepare teachers to incorporate such expectations.
Requires the Secretary to award competitive grants to states to: (1) develop instructional materials based on the voluntary national mathematics and science curriculum; (2) ensure that the infrastructure and technical assistance to provide such instructional materials online and free of charge to school personnel is available; and (3) train K-12 mathematics and science teachers to use the instructional materials and assessment questions in teaching. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Character Learning and Student
Success Act of 2001'' (CLASS Act of 2001).
SEC. 2. GRANT TO DEVELOP INITIATIVES AND DISSEMINATE INFORMATION ABOUT
CHARACTER EDUCATION.
(a) Findings.--Congress finds the following:
(1) The commitment of schools to the academic achievement
of students should be partnered with an effort to address and
improve the character of students.
(2) Improving the character of students includes ensuring
that students understand, care about, and act upon ethical
values and virtues.
(3) Improving the character of students promotes a more
compassionate and responsible society.
(4) Character education is an initiative in schools that
attends to the social, emotional, and ethical development of
students and is a means of teaching, modeling, and practicing
positive ethical character traits as part of the regular school
curriculum and culture.
(5) Effective character education increases the self-esteem
of students and decreases the risk that students will become
isolated or do harm to others.
(6) Schools that integrate character education into
existing curriculum and daily activities foster the development
of core ethical values and virtues in students, and provide for
students a model of a community that is comprised of mature and
responsible individuals.
(7) An increasing number of States and local educational
agencies are promoting the implementation of character
education initiatives.
(8) Successful character education requires that States,
local educational agencies, schools, and teachers have access
to effective methodologies, high-quality initiatives,
professional development opportunities, criteria for assessing
initiatives, and cost-effective opportunities to network
nationally with each other, especially through electronic
means.
(9) As States and local educational agencies continue to
coordinate the implementation of character education in
schools, a central and comprehensive source of information
regarding the activities of States and local educational
agencies becomes increasingly necessary.
(10) Information about the effectiveness of Federal, State,
and local educational agency initiatives, the impact of those
initiatives, and the advancement of character education in
schools is essential to successfully educating students about
character.
(b) Grant Authorization.--The Secretary is authorized to make a
single 5-year grant to the eligible organization that, in the judgment
of the Secretary, best demonstrates--
(1) an expertise on the national level in providing to
schools comprehensive and objective information regarding
character education policies, organizations, initiatives,
curricula, methods, research, and assessment;
(2) a membership that is representative of the various
individuals and groups who provide character education
initiatives, resources, and curricula to schools; and
(3) a history of, and commitment to, promoting and
advocating quality character education initiatives.
(c) Grant Requirements.--
(1) Initiative development.--The recipient of the grant
under subsection (b) (hereafter in this section referred to as
the ``grantee'') shall use the grant funds to develop
initiatives that--
(A) present methods of addressing core ethical
values in a comprehensive manner in schools;
(B) emphasize student motivation and behavior;
(C) assist in the development of schools as caring
communities;
(D) give students the opportunity to put character
lessons into practice;
(E) provide for the inclusion of families and
communities in character education;
(F) emphasize leadership, service, and teamwork as
dimensions of character education; and
(G) evaluate the effectiveness of character
education, including the effect of character education
initiatives on disciplinary referrals and on teacher
expectations.
(2) Information dissemination.--The grantee shall use the
grant funds to collect and make available, in electronic form
and through other means, information concerning--
(A) quality character education initiatives and
methods;
(B) models of professional development in character
education;
(C) methods of assessing and evaluating the
effectiveness of character education initiatives;
(D) the integration of character education into
educational content, performance standards, and
educational reform efforts; and
(E) any topic that would be helpful to character
educators in implementing character education
initiatives.
(3) Provision of services.--The grantee shall use the grant
funds to provide--
(A) a searchable database that contains background
and contact information on the leading character
education groups, curricula, books, initiatives, and
videos;
(B) a checklist of criteria for schools to assess
the appropriateness of particular character education
curricula to the needs of such schools;
(C) an index of websites regarding character
education; and
(D) telephone assistance and a toll-free access
number.
(d) Report.--The grantee shall submit to the Secretary an annual
report that--
(1) describes the progress of the grantee in carrying out
the requirements described in subsection (c), including a
listing of--
(A) the number of requests for information received
by the grantee in the course of carrying out such
requirements;
(B) who made such requests; and
(C) the types of information requested;
(2) identifies unmet and future information needs in the
field of character education; and
(3) provides a detailed account of the use of the grant
funds provided under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2002 through 2006.
SEC. 3. GRANT TO CONDUCT CHARACTER EDUCATION RESEARCH.
(a) Findings.--Congress finds the following:
(1) States and local educational agencies have benefitted
from Federal funding to support the implementation of character
education initiatives in the schools in such States, but have
been subject to minimal reporting requirements regarding the
impact of such initiatives.
(2) The number of schools currently implementing character
education initiatives is undetermined, and the scope and
success of such initiatives are unknown.
(3) The continuing needs of schools that have begun
character education initiatives have not been identified.
(4) The resources required by schools that have not yet
been able to start character education initiatives are unknown.
(5) Efforts should be made to determine the extent to which
schools are undertaking character education, the effectiveness
of such efforts, and the extent to which Federal funds are
being used to sponsor effective character education
initiatives.
(b) Grant Authorization.--The Secretary is authorized to make a
single 5-year grant to the eligible organization that, in the judgment
of the Secretary, best demonstrates--
(1) expertise in evaluation and research;
(2) a conceptual understanding of the various approaches
used in character education;
(3) experience in developing character education
initiatives in schools;
(4) expertise in understanding and identifying quality
character education initiatives;
(5) an established record of research and practice in the
field of character education;
(6) an established record of publishing research findings;
and
(7) a partnership or connection with an institution of
higher education.
(c) Grant Requirements.--The recipient of the grant under
subsection (b) (hereafter in this section referred to as the
``grantee'') shall--
(1) determine the extent to which schools are undertaking
character education initiatives;
(2) identify and classify the various character education
approaches being undertaken in schools;
(3) investigate the extent to which Federal and State funds
have facilitated the implementation of character education
initiatives; and
(4) assess the effectiveness of character education
initiatives, including evaluating the reported outcomes of
character education initiatives.
(d) Report.--The grantee shall submit to the Secretary an annual
report, titled ``The State of Character Education in the Nation's
Schools'', that--
(1) specifies the progress of its research in the areas
identified in subsection (c);
(2) provides a detailed description of the results of its
research;
(3) discusses unmet and future information needs in the
field of character education; and
(4) provides a detailed account of the use of the grant
funds provided under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $700,000 for each of fiscal
years 2002 through 2006.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' means an organization (or a group of
organizations, if the group meets the requirement of
subparagraph (C) and each organization comprising the group
meets the requirements of subparagraphs (A) and (B)) that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986;
(B) is exempt from taxation under section 501(a) of
such Code; and
(C) has submitted a grant application to the
Secretary at such time, in such form, and containing
such information as the Secretary may reasonably
require.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given such term under section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(3) School.--The term ``school'' means any elementary
school (as defined by section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801)) and any
secondary school (as defined by such section).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Character Learning and Student Success Act of 2001 - CLASS Act of 2001 - Authorizes the Secretary of Education to make: (1) a grant to develop initiatives and disseminate information about character education; and (2) a grant to research character education. | billsum_train |
Change the following text into a summary: SECTION 1. FINDINGS.
(a) Findings.--Congress finds the following:
(1) Pursuant to the Revised Constitution and Bylaws of the
Minnesota Chippewa Tribe, as approved by the Assistant
Secretary of the Interior on March 3, 1964, the Minnesota
Chippewa Tribal Executive Committee is the governing body of
the Minnesota Chippewa Tribe, comprised of the six member
Reservations (Bois Forte, Fond du Lac, Grand Portage, Leech
Lake, Mille Lacs, and White Earth).
(2) The Minnesota Chippewa Tribe was the plaintiff in cases
referred to as Docket Nos. 19 and 188 (hereinafter referred to
as the ``Claims'') originally before the Indian Claims
Commission and, subsequently, before the United States Court of
Federal Claims.
(3) The Claims arose from the disposition of tribal lands,
interests in lands, and other tribal assets.
(4) The expenses of prosecuting the Claims were shared
equally by the 6 member Reservations and the decisions
regarding such prosecution were made by the Minnesota Chippewa
Tribal Executive Committee.
(5) On July 1, 1998, the Minnesota Chippewa Tribal
Executive Committee enacted Resolution No. 01-99, approving a
settlement of the Claims by a vote of 6 for and 3 against with
10 members present.
(6) On January 7, 1999, the Associate Solicitor, Division
of Indian Affairs, Department of the Interior, advised the
United States Department of Justice that Resolution 01-99 was
sufficient under the tribal constitution to approve the
settlement of the Claims.
(7) On May 17, 1999, the United States Court of Federal
Claims entered an order adopting certain findings including a
finding that ``the Tribal Executive Committee has the
constitutional authority to enter into the proposed settlement
on behalf of the Minnesota Chippewa Tribe''.
(8) On May 26, 1999, the United States Court of Federal
Claims approved the settlement of the Claims and entered a
final judgment in the amount of $20,000,000 against the United
States in favor of the plaintiff Minnesota Chippewa Tribe.
(9) The Minnesota Chippewa Tribal Executive Committee is
authorized by the tribal constitution to make decisions to
administer, expend and apportion funds within the control of
the Minnesota Chippewa Tribe.
(10) On September 9, 1999, the Minnesota Chippewa Tribal
Executive Committee enacted Resolution No. 40-00, allocating
each member Reservation an equal share of the judgment funds
from the Claims, by a vote of 10 for and 2 against, with 12
members present.
(11) The judgment funds were deposited into trust fund
account JA1041696.
(12) For purposes of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1401 et seq.), the sole present-
day beneficiary of the funds is the Minnesota Chippewa Tribe.
(b) Purposes.--The purposes of this Act are to acknowledge that the
Minnesota Chippewa Tribe is the sole beneficiary entity of the judgment
funds, that its governing body, the Tribal Executive Committee, has the
sovereign authority under the tribal constitution to allocate funds
amongst its member Reservations, and accordingly that the judgment
funds should be allocated as determined by the Tribal Executive
Committee in its Resolution No. 40-00.
SEC. 2. DISTRIBUTION OF FUNDS.
(a) In General.--Notwithstanding any other law, not later than 30
days after the date of the enactment of this Act, the Secretary of the
Interior (hereinafter referred to as the ``Secretary'') shall
distribute the funds awarded to the Minnesota Chippewa Tribe in
Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in
the United States Court of Federal Claims together with all interest
and investment income accrued on deposit in trust account JA1041696 in
equal shares to each of the following constituent bands of the
Minnesota Chippewa Tribe:
(1) The Bois Forte Band of Chippewa Indians.
(2) The Fond du Lac Band of Chippewa Indians.
(3) The Grand Portage Band of Chippewa Indians.
(4) The Leech Lake Band of Chippewa Indians.
(5) The Mille Lacs Band of Chippewa Indians.
(6) The White Earth Band of Chippewa Indians.
(b) Use of Funds.--The shares of the bands shall be available for
use in the manner determined by the governing body of each band, except
not less than 20 percent of such funds shall be set aside for social
and economic development, education, reservation infrastructure needs,
and other governmental purposes.
(c) Application of Other Law.--Section 7 of Public Law 93-134 (25
U.S.C. 1407) shall apply to funds distributed pursuant to this Act. | Directs the Secretary of the Interior to distribute the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in the U.S. Court of Federal Claims together with all interest and investment income accrued on deposit in trust account JA1041696 in equal shares to each of the following constituent bands of the Tribe: (1) the Bois Forte Band; (2) the Fond du Lac Band; (3) the Grand Portage Band; (4) the Leech Lake Band; (5) the Mille Lacs Band; and (6) the White Earth Band.
Requires that the shares of such Bands be made available for use in the manner determined by the governing body of each Band, except that at least 20% of such funds shall be set aside for social and economic development, education, reservation infrastructure needs, and other governmental purposes. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Capacity for Health
Outcomes Act'' or the ``ECHO Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Health professional shortage area.--The term ``health
professional shortage area'' means a health professional
shortage area designated under section 332 of the Public Health
Service Act (42 U.S.C. 254e).
(2) Medically underserved area.--The term ``medically
underserved area'' has the meaning given the term ``medically
underserved community'' in section 799B of the Public Health
Service Act (42 U.S.C. 295p).
(3) Medically underserved population.--The term ``medically
underserved population'' has the meaning given the term in
section 330(b) of the Public Health Service Act (42 U.S.C.
254b(b)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Technology-enabled collaborative learning and capacity
building model.--The term ``technology-enabled collaborative
learning and capacity building model'' means a distance health
education model that connects specialists with multiple primary
care providers through simultaneous interactive
videoconferencing for the purpose of facilitating case-based
learning, disseminating best practices, and evaluating
outcomes.
SEC. 3. STUDIES AND REPORTS ON TECHNOLOGY-ENABLED COLLABORATIVE
LEARNING AND CAPACITY BUILDING MODELS.
(a) Prioritization.--
(1) In general.--The Secretary, in collaboration with the
Administrator of the Health Resources and Services
Administration, shall examine technology-enabled collaborative
learning and capacity building models and the ability of such
models to improve patient care and provider education.
(2) Considerations.--The examination required under
paragraph (1) shall include an examination of the ability of
technology-enabled collaborative learning and capacity building
models to address each of the following:
(A) Mental health and substance use disorders,
including prescription drug and opioid abuse.
(B) Chronic care for patients of all ages,
including children, with chronic diseases.
(C) Complex care or care for the sickest and most
vulnerable patients, including pediatric patients.
(D) Primary care workforce recruitment, retention,
and support for life-long learning.
(E) Specialty care shortages.
(F) Public health programs, including disease
prevention, outbreaks, and surveillance.
(G) Implementation of disease prevention
guidelines.
(H) Health care in rural areas, frontier areas,
health professional shortage areas, medically
underserved populations, and medically underserved
areas.
(I) Advanced care planning and palliative care.
(J) Trauma-informed care.
(K) Pregnancy care and maternal health.
(L) Other health conditions and health workforce
issues that the Secretary determines appropriate.
(3) Consultation.--In the examination of technology-enabled
collaborative learning and capacity building models required
under paragraph (1), the Secretary, in collaboration with the
Administrator of the Health Resources and Services
Administration, shall consult public and private stakeholders
with expertise using such models in health care settings.
(4) Federal study.--Not later than 2 years after the date
of enactment of this Act, the Secretary, in collaboration with
the Administrator of the Health Resources and Services
Administration, shall publish a study based on the examination
of technology-enabled collaborative learning and capacity
building models required under paragraph (1). Such study shall
include an analysis of each of the following:
(A) The use and integration of such models by
health providers.
(B) The impact of such models on health provider
retention and health provider shortages in the States
in which such models have been adopted.
(C) Recommendations regarding the role of such
models in continuing medical education and lifelong
learning, including the role of academic medical
centers, provider organizations, and community
providers in such training.
(D) The barriers to adoption by primary care
providers and academic medical centers.
(E) The impact of such models on the ability of
local health providers and specialists to perform at
the top of their licensure, including the effects on
patient wait times for specialty care.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare and publish a report on technology-enabled
collaborative learning and capacity building models. Such
report shall analyze each of the following:
(A) The use and integration of such models by
health providers across the States.
(B) How the Secretary has supported the use of such
models through programs of the Department of Health and
Human Services.
(C) The impact of such models on health care,
including the impact on patient quality of care and
patient access to care, in the States in which such
models have been adopted.
(D) The reasons for successful State and community
adoption of such models.
(E) The barriers for States and communities to
adopt such models.
(F) Efficiencies and potential cost savings from
such models.
(G) How Federal, State, and local governments are
funding such models, if at all.
(H) Opportunities for increased adoption of such
models in agencies of the Department of Health and
Human Services, including the integration of such
models into existing programs.
(2) Considerations.--The analysis conducted through the
report under paragraph (1) shall consider the ability of
technology-enabled collaborative learning and capacity building
models to address each of the following:
(A) Mental health and substance use disorders,
including prescription drug and opioid abuse.
(B) Chronic care for patients of all ages,
including children, with chronic diseases.
(C) Complex care or care for the sickest and most
vulnerable patients, including pediatric patients.
(D) Primary care workforce recruitment, retention,
and support for life-long learning.
(E) Specialty care shortages.
(F) Public health programs, including disease
prevention, outbreaks, and surveillance.
(G) Implementation of disease prevention
guidelines.
(H) Health care in rural areas, frontier areas,
health professional shortage areas, medically
underserved populations, and medically underserved
areas.
(I) Advanced care planning and palliative care.
(J) Trauma-informed care.
(K) Pregnancy care and maternal health.
(c) Report to Congress.--Not later than 18 months after the
publication of the report conducted by the Comptroller General of the
United States under subsection (b), the Secretary shall submit a report
to Congress addressing each of the following:
(1) How the findings from the report published under
subsection (b) have been addressed.
(2) Recommendations to Congress based on the findings of
the study published under subsection (a)(4).
(3) A complete listing of technology-enabled collaborative
learning and capacity building models that have been funded by
the Department of Health and Human Services.
(4) A toolkit regarding best practices for implementing
such models in the States. | Expanding Capacity for Health Outcomes Act or the ECHO Act This bill requires the Department of Health and Human Services (HHS), in collaboration with the Health Resources and Services Administration, to study technology-enabled collaborative learning and capacity building models and the ability of those models to improve patient care and provider education. (Such models connect specialists to primary care providers through videoconferencing to facilitate case-based learning, dissemination of best practices, and evaluation of outcomes.) The Government Accountability Office must report on such models and HHS support for such models. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the power to dispose of and make all necessary rules
governing property belonging to the United States is vested in
Congress under section 3 of article IV of the Constitution;
(2) some Federal property designations under international
agreements concern land use policies and regulations for
property belonging to the United States that, under section 3
of article IV of the Constitution, can be implemented only by
an Act of Congress;
(3) some international property designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, that have no legislative
directive or authorization from Congress;
(4) actions by the United States in making such
designations may affect the use and value of nearby non-Federal
property;
(5) the sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power;
(6) private property rights are essential for the
protection of freedom;
(7) actions by the United States to designate property
belonging to the United States under international agreements
in some cases conflict with congressional constitutional
responsibilities and the sovereign powers of the States; and
(8) actions by the President in applying certain
international agreements to property owned by the United States
diminish the authority of Congress to make rules respecting the
property.
(b) Purposes.--The purposes of this Act are--
(1) to reaffirm the power of Congress under section 3 of
article IV of the Constitution over international agreements
that concern disposal, management, and use of property
belonging to the United States;
(2) to protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating property under international agreements;
(3) to ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal action designating property under an international
agreement for the purpose of imposing restrictions on use of
the property;
(4) to protect private interests in property from
diminishment as a result of Federal action designating property
under international agreements; and
(5) to provide a process under which the United States may,
when it is desirable to do so, designate property under an
international agreement.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
(1) by striking ``Sec. 401. (a)'' and inserting the
following:
``SEC. 401. PARTICIPATION BY THE UNITED STATES.
``(a) In General.--'';
(2) in the first sentence of subsection (a)--
(A) by striking ``The Secretary of the Interior''
and inserting ``Subject to subsections (b), (c), (d),
and (e), the Secretary of the Interior (referred to in
this section as the `Secretary')''; and
(B) by inserting ``(referred to in this section as
the `Convention')'' after ``1973'';
(3) in subsection (b)--
(A) by striking ``(b) The Secretary of the
Interior'' and inserting ``(b) Nomination of Property
to World Heritage Committee.--The Secretary''; and
(B) in the fourth sentence--
(i) by striking ``Representatives and'' and
inserting ``Representatives,''; and
(ii) by inserting before the final period
``, and the appropriate State and local
governments'';
(4) in subsection (c), by striking ``(c) No non-Federal
property may be nominated by the Secretary of the Interior''
and inserting ``(c) Nomination of Non-Federal Property to World
Heritage Committee.--No non-Federal property may be nominated
by the Secretary''; and
(5) by adding at the end the following:
``(d) Requirements for Nomination of Properties.--The Secretary
shall not nominate a property under subsection (b) unless--
``(1) the Secretary publishes a proposed nomination in the
Federal Register and conducts a proceeding under sections 555,
556, and 557, of title 5, United States Code;
``(2) the Secretary, in carrying out the proceeding
described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be nominated on the World
Heritage List would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated; and
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by inclusion
of the property on the World Heritage List; and
``(3) the Secretary submits to Congress a report that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property on the list; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(e) Objection to Inclusion of Property.--The Secretary shall
object to the inclusion of property in the United States on the list of
World Heritage in Danger established under Article 11.4 of the
Convention, unless--
``(1) the Secretary submits to Congress the report required
under subsection (d)(1)(C); and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list by an Act of Congress
enacted after the date of submission of the report under
paragraph (1).
``(f) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following:
``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
``(a) In General.--No Federal official may nominate property in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization unless--
``(1) the Secretary of State publishes a proposed
nomination in the Federal Register and conducts a proceeding
under sections 555, 556, and 557, of title 5, United States
Code;
``(2) the Secretary of State, in carrying out the
proceeding described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be designated as a
Biosphere would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated;
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by designation
of the property as a Biosphere; and
``(3) the Secretary of State submits to Congress a report
that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property in the program; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(b) Objection to Inclusion of Property.--The Secretary of State
shall object to the designation of property in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization, unless--
``(1) the Secretary of State submits Congress the report
required under subsection (a)(1)(C); and
``(2) the Secretary of State is specifically authorized to
assent to the inclusion of the property on the list by an Act
of Congress enacted after the date of submission of the report
under paragraph (1).
``(c) Properties Designated Before Date of Enactment.--Any
designation of property in the United States as a Biosphere Reserve
under the Man and Biosphere Program of the United Nations Educational,
Scientific, and Cultural Organization made before the date of enactment
of this section shall terminate on December 31, 2003, unless the
Biosphere Reserve--
``(1) is specifically authorized by a law enacted after the
date of enactment of this section and before December 31, 2003;
``(2) consists solely of property that on the date of
enactment of this section is owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of nearby non-Federal property is not
limited or restricted as a result of the designation.
``(d) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
SEC. 5. TECHNICAL AMENDMENTS.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended--
(1) in the last sentence of section 401(b), by striking
``Committee on Natural Resources'' and inserting ``Committee on
Resources''; and
(2) in section 402, by striking ``Sec. 402. Prior to the
approval'' and inserting the following:
``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS
OUTSIDE THE UNITED STATES.
``Prior to the approval''. | American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any non-federal property for inclusion on the World Heritage List unless the Secretary: (1) publishes a proposed nomination in the Federal Register and conducts required hearings; (2) considers natural resources in the area, as well as the impact that inclusion would have on existing and future property uses; (3) determines that commercially viable uses of the property and adjacent property within ten miles will not be adversely affected by inclusion; and (4) submits a report to Congress describing the necessity of such inclusion and proposing legislation authorizing such nomination.Requires the Secretary to object to inclusion of property on the World Heritage in Danger list unless the Secretary: (1) submits such report to Congress; and (2) is specifically authorized to assent to such inclusion by an Act of Congress.Prohibits any Federal official from nominating property for designation as a Biosphere Reserve unless the Secretary of State: (1) publishes such proposed nomination and conducts required hearings; (2) makes the same considerations and submits the same type of report as required of the Secretary for inclusion on the World Heritage List and the nomination is specifically authorized by an Act of Congress. Requires such Secretary to object to such a designation unless such report is submitted and such Secretary is specifically authorized to assent to such inclusion by an Act of Congress. Provides transitional provisions for property so designated before the enactment of this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Ownership of Public Land
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered lease.--The term ``covered lease'' means a
lease for the production of oil or natural gas under which
production is not occurring.
(2) Fee.--The term ``fee'' means the production incentive
fee established under section 3(a).
(3) Fund.--The term ``Fund'' means the Energy Efficiency
and Renewable Energy Fund established by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PRODUCTION INCENTIVE FEE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate regulations to
establish an annual production incentive fee with respect to Federal
onshore and offshore land that is subject to a covered lease.
(b) Applicability.--The fee shall apply to land that is subject to
any covered lease that is in effect on, or issued after, the date on
which final regulations are promulgated under subsection (a).
(c) Amount.--For each acre of land subject to a covered lease from
which oil or natural gas is produced for less than 90 days in a
calendar year, the fee shall be equal to--
(1) $5 per acre for the first 3 years of the covered lease
after the date of enactment of this Act;
(2) $25 per acre for the fourth year of the covered lease
after the date of enactment of this Act; and
(3) $50 per acre for the fifth year of the covered lease
and each year thereafter for which the covered lease is in
effect after the date of enactment of this Act.
(d) Assessment and Collection.--The Secretary shall assess and
collect the fee.
(e) Regulations.--The Secretary may promulgate regulations to carry
out this section, including prevention of evasion of the fee.
SEC. 4. ENERGY EFFICIENCY AND RENEWABLE ENERGY FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, which shall be known as the ``Energy
Efficiency and Renewable Energy Fund'', consisting of such amounts as
are appropriated to the Fund under subsection (b).
(b) Transfers to Fund.--There are appropriated to the Fund, out of
funds of the Treasury not otherwise appropriated, amounts equivalent to
amounts collected as fees and received in the Treasury under section 3.
(c) Use.--Subject to appropriations, of the amounts in the Fund for
each fiscal year--
(1) $100,000,000 shall be made available for necessary
expenses for a program to accelerate the research, development,
demonstration, and deployment of solar energy technologies and
any public education and outreach materials under the program,
as authorized under section 931(a)(2)(A) of the Energy Policy
Act of 2005 (42 U.S.C. 16231(a)(2)(A));
(2) $65,000,000 shall be made available for necessary
expenses for a program to support the development of next-
generation wind turbines, including turbines capable of
operating in areas with low wind speeds, as authorized under
section 931(a)(2)(B) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(B));
(3) $200,000,000 shall be transferred to the
``Weatherization Assistance Program'' account, for a program to
weatherize low income housing, as authorized under section 411
of the Energy Independence and Security Act of 2007 (12 Stat.
1600) (and the amendments made by that section);
(4) $70,000,000 shall be made available for necessary
expenses for a program to accelerate the research, development,
demonstration, and deployment of new technologies to improve
the energy efficiency of and reduce greenhouse gas emissions
from buildings, as authorized under--
(A) section 321(g) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 6295 note; Public Law
110-140);
(B) section 422 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17082); and
(C) section 912 of the Energy Policy Act of 2005
(42 U.S.C. 16192);
(5) $30,000,000 shall be made available for necessary
expenses for a program to accelerate basic research on energy
storage systems to support electric drive vehicles, stationary
applications, and electricity transmission and distribution, as
authorized under section 641(f) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231(f));
(6) $30,000,000 shall be made available for a program to
accelerate applied research on energy storage systems to
support electric drive vehicles, stationary applications, and
electricity transmission and distribution as authorized under
section 641(g) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17231(g));
(7) $20,000,000 shall be made available for energy storage
systems demonstrations as authorized under section 641(i) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17231(i));
(8) $20,000,000 shall be made available for vehicle energy
storage systems demonstrations as authorized under section
641(j) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17231(j));
(9) $40,000,000 shall be made available for necessary
expenses for research, development, and demonstration on
advanced, cost-effective technologies to improve the energy
efficiency and environmental performance of vehicles, as
authorized under section 911(a)(2)(A) of the Energy Policy Act
of 2005 (42 U.S.C. 16191(a)(2)(A));
(10) $50,000,000 shall be made available for audits,
investigations, and environmental mitigation for oil and gas
production by the Department of Interior; and
(11) the remainder shall be made available for use for the
low-income home energy assistance program established under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.). | Responsible Ownership of Public Land Act - Directs the Secretary of the Interior to establish an annual production incentive fee for federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring.
Prescribes the fee amount for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year.
Establishes the Energy Efficiency and Renewable Energy Fund to serve as depository for fees received under this Act.
Describes energy programs to be funded with such fees, including: (1) solar energy research and development; (2) next-generation wind turbines; (3) weatherization assistance low-income housing; (4) new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings; (5) energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution; (6) advanced vehicles research, development, and demonstration; and (7) low-income home energy assistance. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Revitalization Act of
1996''.
SEC. 2. DISTRESSED COMMUNITY ECONOMIC DEVELOPMENT BONDS.
(a) In General.--Paragraph (1) of section 141(e) of the Internal
Revenue Code of 1986 (defining qualified bond) is amended by striking
``or'' at the end of subparagraph (F), by striking the period at the
end of subparagraph (G) and inserting ``, or'', and by adding at the
end thereof the following new subparagraph:
``(H) a distressed community economic development
bond.''
(b) Distressed Community Economic Development Bond Defined.--
(1) In general.--Section 144 of such Code is amended by
adding at the end thereof the following new subsection:
``(d) Distressed Community Economic Development Bond.--For purposes
of this subpart--
``(1) In general.--The term `distressed community economic
development bond' means any bond issued as part of an issue 95
percent or more of the net proceeds of which are to be used for
distressed community economic development purposes.
``(2) Distressed community economic development purposes.--
For purposes of this subsection, the net proceeds of any issue
shall be treated as used for distressed community economic
development purposes to the extent such proceeds are used--
``(A) to provide qualified economic development
facilities or land which is functionally related and
subordinate to such facilities, or
``(B) to provide working capital required in
connection with the establishment of a qualified
business in a distressed community or the expansion of
such a business in such a community.
``(3) Qualified economic development facilities.--For
purposes of this subsection, the term `qualified economic
development facilities' means any property to which section 168
applies (or would apply but for section 179) if--
``(A) such property was acquired by purchase (as
defined in section 179(d)(2)) after the date on which
the designation of the distressed community took
effect,
``(B) the original use of which in the distressed
community commences with the person to whom the
financing is provided under the issue, and
``(C) substantially all the use of which is in a
distressed community and in the active conduct of a
qualified business.
For purposes of the preceding sentence, rules similar to the
rules of subsections (a)(2) and (b) of section 1397C shall
apply.
``(4) Qualified business.--For purposes of this
subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `qualified business' means any
trade or business.
``(B) Rental of real property.--The rental of any
building or structure located in a distressed community
shall be treated as a qualified business if and only
if--
``(i) the property is not residential
rental property (as defined in section
168(e)(2), and
``(ii) at least 50 percent of the gross
rental income from the building or structure is
from other qualified businesses in such
community.
``(C) Rental of tangible personal property.--The
rental of tangible personal property shall be treated
as a qualified business if and only if substantially
all of the rental of such property is by qualified
businesses in the distressed community or by individual
residents of the distressed community.
``(D) Treatment of business holding intangibles.--
The term `qualified business' shall not include any
trade or business consisting predominantly of the
development or holding of intangibles for sale or
license.
``(E) Certain businesses excluded.--The term
`qualified business' shall not include any trade or
business consisting of--
``(i) the operation of any facility
described in subsection (c)(6)(B), or
``(ii) operating a trade or business the
principal activity of which is farming (within
the meaning of subparagraph (A) or (B) of
section 2032A(e)(5)), but only if, as of the
close of the preceding taxable year, the sum of
the following exceeds $500,000--
``(I) the aggregate unadjusted
bases (or, if greater, the fair market
value) of the assets owned by the
taxpayer and used in such trade or
business, and
``(II) the aggregate value of the
assets leased by the taxpayer and used
in such trade or business.
For purposes of subclause (II), rules similar
to the rules of section 1397(b) shall apply.
``(5) Distressed community.--For purposes of this
subsection, the term `distressed community' means, with respect
to periods in any calendar year, any area--
``(A) which is the area over which a general
purpose local governmental unit has jurisdiction and
which is designated for purposes of this subsection by
the governing body of such unit, and
``(B) which (as of the beginning of such year)
meets the requirements of clause (i), (ii), or (iii) of
this subparagraph:
``(i) Chronic economic distress.--An area
meets the requirements of this clause if--
``(I) the area has experienced
population loss (as determined by the
1990 or subsequent census data) of not
less than 5 percent, or
``(II) the area has experienced an
average unemployment rate over the last
5 years (as determined by the Bureau of
Labor Statistics) of not less than 8
percent.
``(ii) Slow job growth.--An area meets the
requirements of this clause if, over the last 5
years--
``(I) the area has experienced job
growth in the retail and manufacturing
sectors of less than 3 percent, or
``(II) if data are available only
for the manufacturing sector, the
community has experienced no job growth
in such sector, or if data are
available only for the retail sector,
the area has experienced job growth in
such sector of less than 8.5 percent.
``(iii) Major base closing.--An area meets
the requirements of this clause if--
``(I) there has been a military
base closing within its boundaries or
adjacent thereto within the last 2
years which has resulted, or will
result, in the loss of not less than
500 jobs, or
``(II) there has been an official
notification of a military base closing
within its boundaries or adjacent
thereto within the next 6 months, which
will result in the loss of not less
than 500 jobs.
``(6) Prohibition of assistance for business relocations.--
``(A) In general.--This subsection shall not apply
to any bonds issued as part of an issue if any of the
proceeds of such an issue are used to assist any
establishment in relocating from an area outside the
distressed community to the distressed community.
``(B) Exception.--The limitation established in
subparagraph (A) shall not be construed to prohibit
assistance for the expansion of an existing business
entity through the establishment of a new branch
affiliate, or subsidiary if--
``(i) the establishment of the new branch,
affiliate, or subsidiary will not result in a
decrease in employment in the area of original
location or in any other area where the
existing business entity conducts business
operations, and
``(ii) there is no reason to believe that
the new branch, affiliate, or subsidiary is
being established with the intention of closing
down the operations of the existing business
entity in the area of its original location or
in any other area where the existing business
entity conducts business operations.''
(2) Clerical amendments.--
(A) The section heading for section 144 is amended
by striking ``qualified redevelopment bond.'' and
inserting ``etc.''.
(B) The table of sections for subpart A of part IV
of subchapter B of chapter 1 is amended by striking
``qualified redevelopment bond.'' in the item relating
to section 144 and inserting ``etc.''.
(c) Certain Rules Not To Apply.--
(1) Subsection (h) of section 147 of such Code (relating to
certain rules which do not apply) is amended by adding at the
end thereof the following new paragraph:
``(3) Bonds for distressed community economic development
facilities.--Subsection (c)(1)(A) shall be applied by
substituting `50 percent' for `25 percent' and subsection (d)
shall not apply to any bond issued as part of an issue
described in section 144(d)(1).''
(2) The subsection heading for subsection (h) of section
147 of such Code is amended to read as follows:
``(h) Special Rules for Certain Bonds.--''.
(d) Volume Cap Only Charged With 50 Percent of Distressed Community
Economic Development Bonds.--Subsection (g) of section 146 of such Code
(relating to an exception for certain bonds from volume cap) is amended
by striking ``and'' at the end of paragraph (3), by striking the period
at the end of paragraph (4) and inserting ``, and'', and by inserting
after paragraph (4) the following new paragraph:
``(5) 50 percent of any bond issued as part of an issue
described in section 144(d)(1) (relating to distressed
community economic development facilities).''
(e) Penalties for Loans Made to Businesses That Cease To Be
Distressed Community Economic Development Businesses, Etc.--Subsection
(b) of section 150 of such Code (relating to change in use) is amended
by adding at the end thereof the following new paragraph:
``(7) Distressed community economic development bonds.--In
the case of any qualified economic development facility with
respect to which financing was provided by an issue described
in section 144(d)(1):
``(A) No deduction allowed.--No deduction shall be
allowed under this chapter for interest on such
financing which accrues during the period beginning on
the first day of the calendar year which includes the
date on which--
``(i) the trade or business to which the
financing was provided ceases to be a qualified
business, or
``(ii) substantially all of the use of such
facility with respect to which the financing
was provided ceases to be in a distressed
community.
For purposes of this subparagraph, the term
`distressed community' means any area which qualifies
as a distressed community under section 144(d)(5) as of
the time the financing was provided without regard to
any subsequent revocation or termination.
``(B) Penalty imposed on distressed community
economic development business.--If at any time while
such financing is outstanding--
``(i) such facility ceases to be in use in
a qualified business, or
``(ii) substantially all of the use of such
facility ceases to be in a distressed community
(as so defined),
there is hereby imposed on such business to which such
financing was provided a penalty equal to 1.25 percent
of the portion of such financing which is outstanding
immediately before such cessation. Such penalty shall
be assessed and collected by the Secretary.
``(C) Exception for bankruptcy.--Subparagraphs (A)
and (B) shall not apply to any cessation resulting from
bankruptcy.''
(f) Bank Interest Deduction.--
(1) In general.--Clause (ii) of section 265(b)(3)(B) of
such Code (relating to exception for certain tax-exempt
obligations) is amended--
(A) by striking ``or'' at the end of subclause (I),
(B) by redesignating subclause (II) as subclause
(III), and
(C) by inserting after subclause (I) the following
new subclause:
``(II) any bond issued as part of
an issue described in section
144(d)(1), or''.
(2) Conforming agreement.--Subclause (I) of section
265(b)(3)(B)(i) of such Code (defining qualified tax-exempt
obligation) is amended by inserting ``or is an obligation
issued as part of an issue described in section 144(d)(1)''
after ``issuer''.
(g) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Economic Revitalization Act of 1996 - Amends the Internal Revenue Code to provide a tax-exemption for distressed community economic development bonds. Excepts 50 percent of such bonds from the volume cap. Allows a deduction for such bonds as qualified tax-exempt obligations. | billsum_train |
Provide a summary of the following text: SECTION 1. PRODUCT CARBON DISCLOSURE PROGRAM.
(a) EPA Study.--The Administrator of the Environmental Protection
Agency shall conduct a study to determine the feasibility of
establishing a national program for measuring, reporting, publicly
disclosing, and labeling products or materials sold in the United
States for their carbon content, and shall, not later than 18 months
after the date of enactment of this Act, transmit a report to Congress
which shall include the following:
(1) A determination of whether a national product carbon
disclosure program and labeling program would be effective in
achieving the intended goals of achieving greenhouse gas
reductions and an examination of existing programs globally and
their strengths and weaknesses.
(2) Criteria for identifying and prioritizing sectors and
products and processes that should be covered in such program
or programs.
(3) An identification of products, processes, or sectors
whose inclusion could have a substantial carbon impact
(prioritizing industrial products such as iron and steel,
aluminum, cement, chemicals, and paper products, and also
including food, beverage, hygiene, cleaning, household
cleaners, construction, metals, clothing, semiconductor, and
consumer electronics).
(4) Suggested methodology and protocols for measuring the
carbon content of the products across the entire carbon
lifecycle of such products for use in a carbon disclosure
program and labeling program.
(5) A review of existing greenhouse gas product accounting
standards, methodologies, and practices including the
Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and
Publically Available Specification 2050, and including a review
of the strengths and weaknesses of each.
(6) A survey of secondary databases including the
Manufacturing Energy Consumption Survey and evaluate the
quality of data for use in a product carbon disclosure program
and product carbon labeling program and an identification of
gaps in the data relative to the potential purposes of a
national product carbon disclosure program and product carbon
labeling program and development of recommendations for
addressing these data gaps.
(7) An assessment of the utility of comparing products and
the appropriateness of product carbon standards.
(8) An evaluation of the information needed on a label for
clear and accurate communication, including what pieces of
quantitative and qualitative information needs to be disclosed.
(9) An evaluation of the appropriate boundaries of the
carbon lifecycle analysis for different sectors and products.
(10) An analysis of whether default values should be
developed for products whose producer does not participate in
the program or does not have data to support a disclosure or
label and determine best ways to develop such default values.
(11) A recommendation of certification and verification
options necessary to assure the quality of the information and
avoid greenwashing or the use of insubstantial or meaningless
environmental claims to promote a product.
(12) An assessment of options for educating consumers about
product carbon content and the product carbon disclosure
program and product carbon labeling program.
(13) An analysis of the costs and timelines associated with
establishing a national product carbon disclosure program and
product carbon labeling program, including options for a phased
approach. Costs should include those for businesses associated
with the measurement of carbon footprints and those associated
with creating a product carbon label and managing and operating
a product carbon labeling program, and options for minimizing
these costs.
(14) An evaluation of incentives (such as financial
incentives, brand reputation, and brand loyalty) to determine
whether reductions in emissions can be accelerated through
encouraging more efficient manufacturing or by encouraging
preferences for lower-emissions products to substitute for
higher-emissions products whose level of performance is no
better.
(b) Development of National Carbon Disclosure Program.--Upon
conclusion of the study, and not more than 36 months after the date of
enactment of this Act, the Administrator shall establish a national
product carbon disclosure program, participation in which shall be
voluntary, and which may involve a product carbon label with broad
applicability to the wholesale and consumer markets to enable and
encourage knowledge about carbon content by producers and consumers and
to inform efforts to reduce energy consumption (carbon dioxide
equivalent emissions) nationwide. In developing such a program, the
Administrator shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider existing and planned programs and proposals
and measurement standards (including the Publicly Available
Specification 2050, standards to be developed by the World
Resource Institute/World Business Council for Sustainable
Development, the International Standards Organization, and the
bill AB19 pending in the California legislature);
(3) consider the compatibility of a national product carbon
disclosure program with existing programs;
(4) utilize incentives and other means to spur the adoption
of product carbon disclosure and product carbon labeling;
(5) develop protocols and parameters for a product carbon
disclosure program, including a methodology and formula for
assessing, verifying, and potentially labeling a product's
greenhouse gas content, and for data quality requirements to
allow for product comparison;
(6) create a means to--
(A) document best practices;
(B) ensure clarity and consistency;
(C) work with suppliers, manufacturers, and
retailers to encourage participation;
(D) ensure that protocols are consistent and
comparable across like products; and
(E) evaluate the effectiveness of the program;
(7) make publicly available information on product carbon
content to ensure transparency;
(8) provide for public outreach, including a consumer
education program to increase awareness;
(9) develop training and education programs to help
businesses learn how to measure and communicate their carbon
footprint and easy tools and templates for businesses to use to
reduce cost and time to measure their products' carbon
lifecycle;
(10) consult with the Secretary of Energy, the Secretary of
Commerce, the Federal Trade Commission, and other Federal
agencies, as necessary;
(11) gather input from stakeholders through consultations,
public workshops or hearings with representatives of consumer
product manufacturers, consumer groups, and environmental
groups;
(12) utilize systems for verification and product
certification that will ensure that claims manufacturers make
about their products are valid;
(13) create a process for reviewing the accuracy of product
carbon label information and protecting the product carbon
label in the case of a change in the product's energy source,
supply chain, ingredients, or other factors, and specify the
frequency to which data should be updated; and
(14) develop a standardized, easily understandable carbon
label, if appropriate, and create a process for responding to
inaccuracies and misuses of such a label.
(c) Report to Congress.--Not later than 5 years after the program
is established pursuant to subsection (b), the Administrator shall
report to Congress on the effectiveness and impact of the program, the
level of voluntary participation, and any recommendations for
additional measures.
(d) Definitions.--As used in this Act--
(1) the term ``carbon content'' means the amount of
greenhouse gas emissions and their warming impact on the
atmosphere expressed in carbon dioxide equivalent associated
with a product's value chain;
(2) the term ``carbon footprint'' means the level of
greenhouse gas emissions produced by a particular activity,
service, or entity; and
(3) the term ``carbon lifecycle'' means the greenhouse gas
emissions that are released as part of the processes of
creating, producing, processing or manufacturing, modifying,
transporting, distributing, storing, using, recycling, or
disposing of goods and services.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $5,000,000 for the study required by
subsection (a) and $25,000,000 for each of fiscal years 2010 through
2025 for the program required under subsection (b). | Directs the Administrator of the Environmental Protection Agency (EPA) to study and report to Congress on the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, including regarding: (1) whether such a program would be effective in achieving greenhouse gas reductions; (2) criteria for identifying and prioritizing sectors, products, and processes that should be covered; (3) an identification of products, processes, or sectors whose inclusion could have a substantial carbon impact; (4) suggested methodology and protocols for measuring the carbon content of products across their entire carbon lifecycle; (5) options for educating consumers about product carbon content and the program; (6) an analysis of the associated costs and timelines; and (7) an evaluation of incentives to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products over higher-emissions products whose level of performance is no better.
Requires the Administrator, upon concluding the study, to establish a national product carbon disclosure program, participation in which shall be voluntary and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption nationwide. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Telecommunications and
Broadband Service Act of 2017''.
SEC. 2. RURAL TELECOMMUNICATIONS AND BROADBAND ADVISORY COMMITTEE.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. RURAL TELECOMMUNICATIONS AND BROADBAND ADVISORY COMMITTEE.
``(a) Establishment.--There is established within the Commission
the Rural Telecommunications and Broadband Advisory Committee (in this
section referred to as the `Committee').
``(b) Purpose.--The Committee shall--
``(1) provide advice to the Commission and reports to
Congress with respect to policy issues relating to
telecommunications services in rural areas, including advice
and recommendations that would--
``(A) promote the deployment of advanced and next-
generation telecommunications services in rural areas;
and
``(B) advance the principles described in section
254(b); and
``(2) advise the Commission with respect to the impact that
agenda items of the Commission could have on the provision of
telecommunications services in rural areas.
``(c) Membership.--
``(1) Number of members.--The Committee shall be composed
of not fewer than 5 and not more than 30 members.
``(2) Appointment.--The members of the Committee, other
than the co-Chairs described in paragraph (6), shall be
appointed by the chairman of the Commission with the
concurrence of the senior commissioner of the Commission from
the party of which the chairman is not a member.
``(3) Removal.--A member of the Committee may be removed
only upon the concurrence of both the chairman of the
Commission and the senior commissioner of the Commission from
the party of which the chairman is not a member.
``(4) Terms.--Each member of the Committee appointed under
paragraph (2)--
``(A) shall serve for a term of 2 years; and
``(B) may be reappointed for additional terms.
``(5) Representation of membership.--The membership of the
Committee shall--
``(A) be balanced with respect to the functions
that the members of the Committee perform; and
``(B) represent a cross-section of interests in
rural telecommunications policy, including
individuals--
``(i)(I) with expertise in spectrum
management and efficiency in rural areas; or
``(II) who have provided policy
recommendations with respect to advancing the
principles described in section 254(b),
including, to ensure that next-generation
telecommunications services are deployed in
rural areas in a timely manner, experience in--
``(aa) offering recommendations;
``(bb) conducting studies,
research, or reforms; and
``(cc) establishing new or novel
approaches to policy or spectrum usage
or licensing; and
``(ii) who have--
``(I) represented--
``(aa) telecommunications
providers that serve rural
areas;
``(bb) technology
developers and manufacturers;
``(cc) Federal, State,
regional, and local interests;
``(dd) national security
interests; or
``(ee) entities that seek
to protect consumers; or
``(II) worked in--
``(aa) academia; or
``(bb) the field of public
safety.
``(6) Co-chairs.--
``(A) Appointment.--The chairman of the Commission
and the senior commissioner of the Commission from the
party of which the chairman is not a member shall each
appoint a co-Chair of the Committee.
``(B) Removal.--Each co-Chair of the Committee may
be removed only upon the concurrence of both the
chairman of the Commission and the senior commissioner
of the Commission from the party of which the chairman
is not a member.
``(d) Meetings.--The Committee--
``(1) shall meet not less frequently than once every 4
months; and
``(2) may meet more frequently than as described in
paragraph (1), as determined by the co-Chairs.
``(e) Reports.--
``(1) Annual report.--The Committee shall submit to the
Commission, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives an annual report that
describes the activities of the Committee during the preceding
year.
``(2) Servicing rural areas.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Committee shall
submit to the Commission, the Committee on Commerce,
Science, and Transportation of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives a report that defines, in accordance
with the principles described in section 254(b), what
constitutes a rural area that has access to
telecommunications and information technologies and
services.
``(B) Updates.--The Committee may update the report
submitted under subparagraph (A), as the co-Chairs
determine is appropriate.
``(f) Advice on Agenda Items.--The Committee may be called before
the Commission to consider the impact of agenda items of the Commission
on the provision of telecommunications services in rural areas.
``(g) Expenses.--
``(1) In general.--Members of the Committee shall not
receive compensation, travel expenses, or a per diem for the
work of the members of the Committee.
``(2) Use of electronic means.--The Committee shall use
telecommunications services and electronic resources to the
maximum extent possible to--
``(A) facilitate the work of the Committee; and
``(B) minimize the expenses incurred by the members
of the Committee in performing the work of the
Committee.
``(h) Applicability of FACA.--Sections 10 and 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee
or the activities of the Committee.''. | Rural Telecommunications and Broadband Service Act of 2017 This bill amends the Communications Act of 1934 to establish within the Federal Communications Commission (FCC) a Rural Telecommunications and Broadband Advisory Committee to: provide advice to the FCC, and reports to Congress, on the deployment of advanced and next-generation telecommunications services in rural areas, the advancement of universal service principles for nationwide access to affordable and quality telecommunications and information services, and other policies relating to telecommunications in rural areas; define what constitutes a rural area that has access to telecommunications and information technologies and services in accordance with universal service principles; and advise on the impact of FCC agenda items on the provision of such services in rural areas. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasonal Influenza and Pandemic
Preparation Act of 2005''.
SEC. 2. FREE INFLUENZA VACCINE PROGRAM.
(a) Establishment.--The Secretary shall establish a national
voluntary influenza vaccination program for adults and children under
which any individual may receive an influenza vaccine at no cost at any
Federally qualified health center, public or private hospital,
physician office, clinic, or other entity determined appropriate by the
Secretary.
(b) Participating Entities.--
(1) Reimbursement.--An entity described in subsection (a)
that elects to provide vaccines to individuals through the
program shall be reimbursed for the costs of administering such
vaccines by the Secretary at the rate determined by the
Secretary for such vaccine for purposes of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), or at such higher
rate, including cost-based reimbursement, as determined
appropriate by the Secretary. Such reimbursement may include
the costs of practice expenses or other costs associated with
the administration of the influenza vaccine.
(2) Limitation on charges.--An entity participating in the
program shall not charge a co-payment or apply any other cost-
sharing requirements associated with the administration of
influenza vaccines, including any co-payment or other cost-
sharing for the visit associated with the administration of
such vaccine.
(3) Voluntary participation.--Participation by an entity in
the program shall be voluntary.
(c) Public-Private Partnerships.--
(1) Grants.--The Secretary shall award grants to State and
local health departments, public hospitals, Federally qualified
health centers, and other entities to facilitate the
establishment of influenza vaccination programs in partnership
with private entities, including retail outlets, pharmacies,
faith-based organizations, private employers, and others as
determined appropriate by the Secretary.
(2) Limitation on charges.--Any influenza vaccination
provided to an individual under a grant under this subsection
shall be at no cost to the individual.
(3) Reimbursement.--An entity participating in a program
under a grant under this subsection may request reimbursement
from the Secretary under the program under subsection (a) in
addition to the amounts received under the grant.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $500,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(d) School Partnerships.--
(1) Grants to public entities.--
(A) In general.--The Secretary shall award grants
to local health departments, public hospitals,
Federally qualified health centers, and other entities
to facilitate the development of influenza vaccination
programs for students and families of students in
partnership with local primary and secondary
educational institutions (including private
institutions and Head Start programs).
(B) Limitation on charges.--Any influenza
vaccination provided to an individual under a grant
under this subsection shall be at no cost to the
individual.
(2) Grants to schools.--The Secretary shall award grants to
elementary and secondary schools to facilitate the development
of a voluntary influenza vaccination program.
(3) Limitation on charges.--Any influenza vaccination
provided to an individual under this subsection shall be at no
cost to the individual.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $150,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(e) Immunization Plans.--The Secretary, under the programs under
titles XVIII, XIX, and XXI of the Social Security Act, shall develop an
immunization plan with immunization target numbers for the respective
populations served under the program under each such title. The
Secretary shall provide bonus payments to eligible health care
providers and other entities who meet immunization targets established
by the Secretary in such plans.
SEC. 3. VOLUNTEER VACCINE CORPS.
(a) Establishment.--The Secretary shall establish a Volunteer
Vaccine Corps (referred to in this section as the ``Corps'') to
facilitate the distribution and provision of vaccines to individuals
under any voluntary influenza vaccination program established by a
State or local entity.
(b) Activation and Assignment of Members.--
(1) Activation.--The members of the Corps shall be
activated by the Secretary upon a declaration by the Secretary
of a public health emergency under section 319 of the Public
Health Service Act related to an influenza outbreak (including
a seasonal outbreak).
(2) Assignment.--Upon activation, members of the Corps
shall be assigned to State and local entities to carry out the
provisions of a State or local voluntary influenza vaccination
program during such emergency.
(3) Requests.--The Secretary may request members of the
Corps from a State or territory to participate in the
vaccination program of another State or territory. The
Secretary shall enter into agreements with such States to
accept licensure and certification from such other States for
the purpose of carrying out activities under an influenza
vaccination program.
(c) Participation.--
(1) In general.--All duly licensed or certified health
professionals, including retired health professionals, as
determined appropriate by the Secretary, may participate in the
Corps under procedures established by the Secretary and after
passing an approved training course developed by the Secretary.
(2) Database.--The Secretary, in cooperation and
consultation with State and local entities, shall maintain a
database of Corps members. Such database shall, with respect to
each Corps member, include contact information, appropriate
licensure or certification information, and other information
the Secretary determines necessary to perform the activities of
the Corps.
(d) Training Grants.--The Secretary shall award grants to State and
local public health departments, Federally qualified health centers,
public and private hospitals, and other entities for the training of
Corps members.
(e) Liability.--Members of the Corps, when performing their duties
under an activation and assignment by the Secretary under subsection
(b) shall only be subject to liability for their actions under such
assignment as provided for under the Federal Tort Claims Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 4. PUBLIC OUTREACH.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish and implement a national public affairs
campaign, to be carried out through radio, television, print, and other
media and methods determined appropriate by the Secretary, to increase
influenza immunization rates.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 5. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the national
voluntary influenza vaccination program established under
section 2(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Seasonal Influenza and Pandemic Preparation Act of 2005 - Requires the Secretary of Health and Human Services to establish a national voluntary influenza vaccination program to provide free influenza vaccines. Requires the Secretary to reimburse participating entities for the cost of administering such vaccines.
Requires the Secretary to award grants to health departments, public hospitals, federally qualified health centers, and other entities to facilitate: (1) the establishment of influenza vaccination programs in partnership with private entities; and (2) the development of influenza vaccination programs for students and families of students.
Requires the Secretary to: (1) award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program; (2) develop an immunization plan with immunization target numbers for Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP); (3) provide bonus payments to eligible health care providers and other entities who meet such immunization targets; (4) establish a Volunteer Vaccine Corps to facilitate the distribution of vaccines during a public health emergency related to an influenza outbreak; (5) maintain a database of Corps members; and (6) award grants for the training of Corps members. Limits the liability of Corps members when performing their duties.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national public affairs campaign to increase influenza immunization rates. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syrian War Crimes Accountability Act
of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) March 2015 marks the fourth year of the ongoing
conflict in Syria.
(2) On December 17, 2014, the United Nations Security
Council unanimously adopted Resolution 2191 ``expressing
outrage at the unacceptable and escalating level of violence
and the killing of more than 191,000 people, including well
over 10,000 children'' and approximately 1,000,000 injured in
Syria.
(3) More than half of Syria's population is displaced as of
March 2015, with more than 7,600,000 internally displaced and
more than 3,700,000 refugees in neighboring countries.
(4) On February 19, 2015, United Nations Secretary-General
Ban Ki-moon reported to the Security Council that ``parties to
the conflict are failing to live up to their international
legal obligations to protect civilians'' and called for action
to ensure the unfettered delivery of humanitarian relief, an
end to the use of denial of services as a weapon of war, and a
response to ``the relentless and indiscriminate attacks on
civilians, including through the use of barrel bombs''.
(5) On February 27, 2014, the Department of State issued
its 2013 Human Rights Report on Syria, which described
President Bashar al Assad's use of ``indiscriminate and deadly
force'' in the conflict, including the August 21, 2013, use of
``sarin gas and artillery to target East Ghouta and Moadamiya
al-Sham, suburbs of Damascus, which killed over 1,000 people''.
(6) The 2014 United States Commission on International
Religious Freedom Annual Report states that in Syria
``terrorist organizations espouse violence and the creation of
an Islamic state with no space for religious diversity and have
carried out religiously-motivated attacks and massacres against
Alawite, Shi'a and Christian civilians.''
(7) On February 4, 2015, the Executive Council of the
Organization for the Prohibition of Chemical Weapons (OPCW)
adopted a decision expressing serious concern about the
findings ``with a high degree of confidence'' of an OPCW fact-
finding mission that chlorine had been used as a weapon in some
areas of Syria in 2014 and calling for those individuals
responsible to be held accountable.
(8) The United Nations Independent International Commission
of Inquiry on the Syrian Arab Republic reports that pro-
government forces have conducted attacks on Syrian civilian
populations, and have utilized murder, torture, assault, and
rape as war tactics. Anti-government groups have also committed
murder and torture, engaged in hostage-taking, attacked
protected objects, and shelled civilian neighborhoods. The
Commission's February 2015 report states that Syria's civil war
``has been characterized by massive, recurrent violations of
human rights and international humanitarian law that demand
urgent international and national action''.
(9) On March 12, 2015, Physicians for Human Rights (PHR)
reported that since 2011, at least 610 medical personnel have
been killed and there have been 233 deliberate or
indiscriminate attacks on 183 medical facilities in Syria. The
Physicians for Human Rights report cited evidence that the
Government of Syria committed 88 percent of the recorded
hospital attacks and 97 percent of medical personnel killings,
and ``has targeted health care and increasingly used it as a
weapon of war to destroy its opponents by preventing care,
killing thousands of civilians along the way''.
(10) Internationally accepted rules of war require actors
to distinguish between civilians and combatants and that all
parties are obligated to respect and protect the wounded and
sick and to take care all reasonable measures to provide safe
and prompt access for the wounded and sick to medical care.
SEC. 3. SENSE OF CONGRESS.
Congress--
(1) strongly condemns the ongoing violence, use of chemical
weapons, targeting of civilian populations with barrel,
incendiary, and cluster bombs and SCUD missiles, and systematic
gross human rights violations carried out by Government of
Syria and pro-government forces under the direction of
President Bashar al-Assad, as well as all abuses committed by
violent extremist groups and other combatants involved in the
civil war in Syria;
(2) expresses its support for the people of Syria seeking
democratic change;
(3) urges all parties to the conflict to immediately halt
indiscriminate attacks on civilians, allow for the delivery of
humanitarian and medical assistance, and end sieges of civilian
populations;
(4) calls on the President to support efforts in Syria and
on the part of the international community to ensure
accountability for war crimes and crimes against humanity
committed during the conflict; and
(5) supports the requirement in United Nations Security
Council Resolutions 2191, 2165 and 2139 for regular reporting
by the Secretary-General on implementation on the resolutions,
including of paragraph 2 of resolution 2139, which demands that
all parties desist from violations of international
humanitarian law and violations and abuses of human rights and
calls on the Security Council to establish a committee to
investigate past and ongoing gross violations of human rights
and war crimes in the Syrian conflict.
SEC. 4. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST
HUMANITY IN SYRIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and again not later than 180 days after the
cessation of violence in Syria, the Secretary of State shall submit to
the appropriate congressional committees a report on war crimes and
crimes against humanity in Syria.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of violations of internationally
recognized human rights, war crimes, and crimes against
humanity perpetrated during the civil war in Syria, including--
(A) an account of incidents that may constitute war
crimes and crimes against humanity committed by the
regime of President Bashar al-Assad and all forces
fighting on its behalf;
(B) an account of incidents that may constitute war
crimes and crimes against humanity committed by violent
extremist groups, anti-government forces, and any other
combatants in the conflict;
(C) a description of any incidents that may violate
the principle of medical neutrality and, when possible,
an identification of the individual or individuals who
engaged in or organized such violations; and
(D) where possible, a description of the
conventional and unconventional weapons used for such
crimes and, the origins of the weapons.
(2) A description of efforts by the Department of State and
the United States Agency for International Development to
ensure accountability for violations of internationally
recognized human rights, international humanitarian law, and
crimes against humanity perpetrated against the people of Syria
by the regime of President Bashar al-Assad, violent extremist
groups, and other combatants involved in the conflict,
including--
(A) a description of initiatives that the United
States Government has undertaken to train investigators
in Syria on how to document, investigate, and develop
findings of war crimes, including the number of United
States Government or contract personnel currently
designated to work full-time on these issues and an
identification of the authorities and appropriations
being used to support training efforts;
(B) a description and assessment of Syrian and
international efforts to ensure accountability for
crimes committed during the Syrian conflict, including
efforts to promote a transitional justice process that
would include criminal accountability and the
establishment of an ad hoc tribunal to prosecute the
perpetrators of war crimes committed during the civil
war in Syria; and
(C) an assessment of the influence of
accountability measures on efforts to reach a
negotiated settlement to the conflict during the
reporting period.
(c) Form.--The report required under subsection (a) may be in
unclassified or classified form, but shall include a publicly available
annex.
(d) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
Passed the Senate July 14, 2015.
Attest:
JULIE E. ADAMS,
Secretary. | . The expanded summary of the Senate reported version is repeated here.) Syrian War Crimes Accountability Act of 2015 (Sec. 3) Declares that Congress: condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria; supports the people of Syria seeking democratic change; urges all parties to the conflict to halt attacks on civilians; calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and calls for a United Nations Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. (Sec. 4) Requires the Department of State to report to Congress regarding war crimes and crimes against humanity in Syria, including descriptions of: violations of internationally recognized human rights, war crimes, and crimes against humanity perpetrated during the civil war in Syria; and efforts by the Department and the U.S. Agency for International Development to ensure accountability for violations of internationally recognized human rights, international humanitarian law, and crimes against humanity perpetrated in Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Programs Extension Act of
1994''.
SEC. 2. HOUSING ASSISTANCE.
(a) Expiring Section 8 Contracts.--
(1) Requirement.--Subject only to the availability of
budget authority to carry out this section, not later than
October 1, 1995, the Secretary of Housing and Urban Development
shall make an offer to the owner of each housing project
assisted under an expiring contract to extend the term of the
expiring contract for 24 months beyond the date of the
expiration of the contract.
(2) Terms of extension.--Except for terms or conditions
relating to the duration of the contract, the terms and
conditions under the extension provided pursuant to this
subsection of any expiring contract shall be identical to the
terms and conditions under the expiring contract.
(3) Definition of expiring contract.--For purposes of this
subsection, the term ``expiring contract'' means a contract for
assistance pursuant to section 8(b)(2) of the United States
Housing Act of 1937 (as such section existed before October 1,
1983), including a contract for assistance referred to in
section 209(b) of the Housing and Urban-Rural Recovery Act of
1983, having a term that expires before October 1, 1996.
(4) Displacement assistance.--The Secretary of Housing and
Urban Development may make available to tenants residing in
units covered by an expiring contract that is not extended
pursuant to this subsection either--
(A) tenant-based assistance under section 8 of the
United States Housing Act of 1937; or
(B) a unit with respect to which project-based
assistance is provided under section 8 of the United
States Housing Act of 1937.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Low-Income Housing Preservation and Resident Homeownership
Act.--
(1) Acquisition grants.--Section 234(b) of the Housing and
Community Development Act of 1987 (12 U.S.C. 4124(b)) is
amended by striking ``1993,'' and all that follows through
``1994,'' and inserting ``1995''.
(2) Technical assistance and capacity building.--Section
257 of the Housing and Community Development Act of 1987 (12
U.S.C. 4147) is amended by striking ``1993,'' and all that
follows through ``1994,'' and inserting ``1995''.
(c) Use of Section 236 Rental Assistance Fund Amounts for Flexible
Subsidies.--Section 236(f)(3) of the National Housing Act (12 U.S.C.
1715z-1(f)(3)) is amended by striking ``September 30, 1994'' and
inserting ``September 30, 1995''.
(d) Housing Counseling.--
(1) Emergency homeownership counseling.--Section 106(c)(9)
of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(9)) is amended by striking ``September 30, 1994'' and
inserting ``September 30, 1995''.
(2) Prepurchase and foreclosure prevention counseling
demonstration.--Section 106(d)(13) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(d)(13)) is amended by
striking ``fiscal year 1994'' and inserting ``fiscal year
1995''.
(e) Major Reconstruction of Public Housing for Disabled Families.--
Section 5(j)(2)(G)(i) of the United States Housing Act of 1937 (42
U.S.C. 1437e(j)(2)(G)(i)) is amended by striking ``fiscal years 1993
and 1994'' and inserting ``fiscal year 1995''.
SEC. 3. RURAL HOUSING.
(a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the
Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended--
(1) in the first sentence, by striking ``fiscal years 1993
and 1994'' and inserting ``fiscal year 1995''; and
(2) in the second sentence, by striking ``each''.
(b) Rural Multifamily Rental Housing.--Section 515(b) of the
Housing Act of 1949 (42 U.S.C. 1485(b)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
(c) Rural Rental Housing Funds for Nonprofit Entities.--The first
sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and
inserting ``fiscal year 1995''.
SEC. 4. MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET PROGRAMS.
(a) Multifamily Housing Finance.--Section 542(b)(5) of the Housing
and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended
by striking ``and 1994'' and inserting ``, 1994, and 1995''.
(b) Assessment Collection Dates for Office of Federal Housing
Enterprise Oversight.--Section 1316(b) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking
paragraph (2) and inserting the following:
``(2) Timing of payment.--The annual assessment shall be
payable in installments on October 1 and April 1 of each fiscal
year.''.
SEC. 5. COMMUNITY DEVELOPMENT.
Section 916(f) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 5306 note) is amended by striking ``Act shall apply only
with respect to fiscal years 1991, 1992, 1993, and 1994'' and inserting
``section shall not apply to fiscal years after fiscal year 1995''. | Housing Programs Extension Act of 1994 - Authorizes section 8 housing contract extensions and related displaced tenant assistance. Authorizes appropriations.
Amends the Housing and Community Development Act of 1987 to extend funding for the low-income housing preservation and ownership program.
Amends the National Housing Act to extend authority to use rental assistance amounts for flexible subsidies.
Amends the Housing and Urban Development Act of 1968 to extend authority for housing counseling programs.
Amends the United States Housing Act of 1937 to extend set-asides for reconstruction of public housing for disabled families.
Amends the Housing Act of 1949 to extend rural housing set asides for: (1) underserved areas; and (2) rental housing funds for nonprofit entities. Makes rural multifamily rental housing loan authority permanent.
Amends the Housing and Community Development Act of 1992 to extend authority for the multifamily mortgage risk-sharing pilot program.
Amends the Cranston-Gonzalez National Affordable Housing Act to extend community development block grant set-asides for colonias. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Driver Compliance
Improvement Act''.
SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES.
(a) Amendments.--Subchapter III of chapter 311 of title 49, United
States Code, is amended--
(1) in section 31132--
(A) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) `driving time' has the meaning given such term under
section 395.2 of title 49, Code of Federal Regulations.
``(3) `electronic on-board recording device' means an
electronic device that--
``(A) is capable of recording a driver's duty hours
of service and duty status accurately and
automatically; and
``(B) meets the requirements under section
395.16(b) of title 49, Code of Federal Regulations.'';
and
(2) in section 31137--
(A) in the section heading by striking ``Monitoring
device'' and inserting ``Electronic on-board recording
devices''; and
(B) by amending subsection (a) to read as follows:
``(a) Electronic On-Board Recording Devices.--
``(1) Requirement.--All commercial motor vehicles involved
in interstate commerce and subject to both the hours of service
and the record of duty status requirements under part 395 of
title 49, Code of Federal Regulations, shall be equipped with
an electronic on-board recording device to improve compliance
with hours of service regulations under such part.
``(2) Limitations of information retrieval.--
``(A) In general.--Data recorded by an electronic
on-board recording device that meets the requirements
under part 395 of title 49, Code of Federal
Regulations, is not admissible in any civil, criminal,
or administrative proceeding for any purpose other than
establishing compliance or noncompliance with the
applicable Federal hours-of-service rules governing the
maximum driving time and minimum off-duty time
applicable to motor carriers and drivers.
``(B) Applicability to civil and criminal
proceedings.--The prohibition under subparagraph (A)
shall apply to any civil or criminal action or
proceeding, whether in Federal or State court, and to
any administrative action, whether by Federal or State
authorities, unless--
``(i) the owner consents to the retrieval
of the information; or
``(ii) the information--
``(I) is retrieved by a government
motor vehicle safety agency or law
enforcement agency to determine
compliance with hours of service
regulations under part 395 of title 49,
Code of Federal Regulations, and
enforcing penalties for violating hours
of service regulations under such part;
and
``(II) is not used by any person or
entity other than a government motor
vehicle agency for the purposes set
forth in subclause (I) without owner
consent.
``(C) Defined term.--In this paragraph, the term
`owner' means a person or entity--
``(i) in whose name the motor vehicle,
which is equipped with the device from which
the data is retrieved, is registered or titled;
or
``(ii) entitled to possession of the motor
vehicle as lessee pursuant to a written lease
or rental agreement.''.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect on the effective date of the final regulations prescribed
by the Secretary of Transportation pursuant to section 3.
SEC. 3. RULEMAKING.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
final regulations to carry out section 31137 of title 49, United States
Code, as amended by section 2.
(b) Performance and Design Standards.--The regulations prescribed
by the Secretary under this section shall establish performance and
design standards that require each electronic on-board recording
device--
(1) to be integrally linked or communicate with the
vehicle's engine control module;
(2) to identify each individual who operates the vehicle;
(3) to accurately record driving time;
(4) to provide real-time tracking of the vehicle's
location;
(5) to enable law enforcement personnel to access the
information contained in the device during roadside
inspections; and
(6) to be tamper resistant.
(c) Additional Requirements.--The regulations prescribed by the
Secretary under this section shall--
(1) define a standardized user interface to aid vehicle
operator compliance and law enforcement reviews;
(2) establish a secure process for standardized and unique
vehicle operator identification, data access, data transfer for
vehicle operators between motor vehicles, data storage for
motor carriers, and data transfer and transportability for law
enforcement;
(3) establish a standard security level for electronic on-
board recording devices to be tamper resistant; and
(4) establish a process for approving eligible electronic
on-board recorder systems.
(d) Effective Date; Applicability.--The regulations prescribed
under this section shall apply to all motor carriers, commercial motor
vehicles, and vehicle operators subject to both the hours of service
and the record of duty status requirements under part 395 of title 49,
Code of Federal Regulations, beginning on the date that is 3 years
after the date of the enactment of this Act. | Commercial Driver Compliance Improvement Act - Requires all commercial motor vehicles involved in interstate commerce and subject to both federal hours-of-service and record of duty status requirements, in order to improve compliance with federal hours-of-service regulations, to be equipped with an electronic on-board recording device meeting performance and design standards and requirements prescribed by the Secretary of Transportation (DOT).
Denies the admissibility in any civil, criminal, or administrative proceeding of recorded information retrieved from an electronic on-board recording device installed in a motor vehicle: (1) for any purpose other than to establish compliance or noncompliance with applicable federal hours-of-service requirements; or (2) unless the motor vehicle owner consents to the retrieval of information, or the information is retrieved by a government motor vehicle safety or law enforcement agency and is not used by any person or entity other than that agency. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authority System Act of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure a safe and adequate municipal,
rural, and industrial water supply for the citizens of--
(1) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority,
which is a publicly owned nonprofit water authority
formed in accordance with Mont. Code Ann. Sec. 75-6-
302 (2007); and
(B) any nonprofit successor entity.
(3) Integrated system.--The term ``integrated system''
means the transmission system owned by the Western Area Power
Administration Basin Electric Power District and the Heartland
Consumers Power District.
(4) Non-federal distribution system.--The term ``non-
Federal distribution system'' means a non-Federal utility that
provides electricity to the counties covered by the Water
System.
(5) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program (authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Montana.
(8) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4 with a project service area that includes--
(A) the Garfield and McCone Counties of the State;
(B) the area west of the Yellowstone River in
Dawson and Richland Counties of the State;
(C) Township 15N (including the area north of the
Township) in Prairie County of the State; and
(D) the portion of McKenzie County, North Dakota
that includes all land that is located west of the
Yellowstone River in the State of North Dakota.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Authorization.--
(1) In general.--If the Secretary, acting through the
Commissioner of the Bureau of Reclamation, determines that the
project is feasible, the Secretary is authorized to carry out
the project entitled ``Dry-Redwater Regional Water Authority
System'' in a manner that is substantially in accordance with
the plans, and subject to the conditions, described in the
``Dry-Redwater Regional Water System Feasibility Study'', which
received funding from the Bureau of Reclamation on September 1,
2010, and is to be completed in accordance with section 106(a)
of the Rural Water Supply Act of 2006 (43 U.S.C. 2405(a)).
(2) Cooperative agreement.--The Secretary shall enter into
a cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Dry Redwater Regional Water Authority.
(b) Cost Sharing.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Use of federal funds.--
(A) In general.--Subject to subparagraph (B),
Federal funds made available to carry out this section
may be used for--
(i) facilities relating to--
(I) water intake;
(II) water pumping;
(III) water treatment; and
(IV) water storage;
(ii) transmission pipelines and pumping
stations;
(iii) appurtenant buildings, maintenance
equipment, and access roads;
(iv) any interconnection facility that
connects a pipeline of the Water System to a
pipeline of a public water system;
(v) distribution, pumping, and storage
facilities that--
(I) serve the needs of citizens who
use public water systems;
(II) are in existence on the date
of enactment of this Act; and
(III) may be purchased, improved,
and repaired in accordance with a
cooperative agreement entered into by
the Secretary under subsection (a)(2);
(vi) electrical power transmission and
distribution facilities required for the
operation and maintenance of the Water System;
(vii) any other facility or service
required for the development of a rural water
distribution system, as determined by the
Secretary; and
(viii) any property or property right
required for the construction or operation of a
facility described in this subsection.
(B) Limitation.--Federal funds made available to
carry out this section shall not be used for the
operation, maintenance, or replacement of the Water
System.
(c) Title.--Title to the Water System shall be held by the
Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings.--Congress finds that McCone and Garfield Counties in
the State were designated as impact counties during the period in which
the Fort Peck Dam was constructed, and as such, were to receive impact
mitigation benefits in accordance with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required, of up to 1\1/2\ megawatt capacity,
to meet the pumping and incidental operation requirements of
the Water System during the period beginning on May 1 and
ending on October 31 of each year--
(A) from the water intake facilities; and
(B) through all pumping stations, water treatment
facilities, reservoirs, storage tanks, and pipelines up
to the point of delivery of water by the water supply
system to all storage reservoirs and tanks and each
entity that distributes water at retail to individual
users.
(2) Eligibility.--The Water System shall be eligible to
receive power under paragraph (1) if the Water System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
4(a)(2).
(3) Rate.--The Administrator shall establish the cost of
the power described in paragraph (1) at the firm power rate.
(4) Additional power.--
(A) In general.--If power, in addition to that made
available to the Water System under paragraph (1), is
necessary to meet the pumping requirements of the
Authority, the Administrator may purchase the necessary
additional power at the best available rate.
(B) Reimbursement.--The cost of purchasing
additional power shall be reimbursed to the
Administrator by the Authority.
(5) Responsibility for power charges.--The Authority shall
be responsible for the payment of the power charge described in
paragraph (4) and non-Federal delivery costs described in
paragraph (6).
(6) Transmission arrangements.--
(A) In general.--The Water System shall be
responsible for all non-Federal transmission and
distribution system delivery and service arrangements.
(B) Upgrades.--The Water System shall be
responsible for funding any transmission upgrades, if
required, to the integrated system necessary to deliver
power to the Water System.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the planning, design, and construction of the
Water System $115,116,000.
(b) Cost Indexing.--The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after January 1,
2008, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System. | Dry-Redwater Regional Water Authority System Act of 2011 - Authorizes the Secretary of the Interior to carry out the project entitled the "Dry-Redwater Regional Water Authority System" in accordance with the plans described in the "Dry-Redwater Regional Water System Feasibility Study" if the Secretary determines that the project is feasible.
Directs the Secretary to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority for specified counties in Montana and North Dakota.
Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended. Prohibits federal funds from being used for the System's operation, maintenance, or replacement.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. Makes the System eligible to receive such power only if it operates on a nonprofit basis and is constructed pursuant to the cooperative agreement. Sets forth provisions regarding the purchase of additional power, the Authority's responsibility for power charges and non-federal delivery costs, and the System's responsibility for non-federal transmission and distribution system delivery and service arrangements and for funding any transmission upgrades required to the integrated system necessary to deliver power to the System. | billsum_train |
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